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Wednesday, March 2, 2011

Arizona - Judge denies motions to dismiss and remand in Hells Angels case..

OFF THE WIRE
The Daily Courier
Yavapai County Superior Court Judge Celé Hancock denied motions this past week filed by lawyers for two men charged in connection with a shootout between the Hells Angels and Vagos motorcycle gangs in an unincorporated area northwest of Chino Valley on Aug. 21, 2010.
Hancock denied a motion to dismiss the case filed by James O'Haver, attorney for Larry Dean Scott Jr., and also denied a motion filed by Richard Gaxiola, attorney for Michael Trevor Koepke, to send the case back to the grand jury to redetermine probable cause.
O'Haver wrote in his motion to dismiss the case filed on Jan. 1, 2011, that the state failed to apprise grand jurors of all necessary laws, and interfered with the performance of their duties by selective presentation of witness statements.
In response, Deputy Yavapai County Attorney Dana Owens noted the grand jury had already been apprised of relevant laws when Scott and other defendants' cases were brought before them.
"To allege Scott's case should be dismissed because (two statutes) were not read in their entirety to the grand jury is no more than a deliberate defense ploy to confuse the issues at hand," Owens wrote.
Owens also wrote that charges were filed after careful review of everything that happened that day and not based solely upon information from witnesses.

http://www.dcourier.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=91126