Arizona - Judge tosses case against Apfel, Flores

OFF THE WIRE
Yavapai County Superior Court Judge Ralph M. Hess granted Brian Apfel and Jess Ramirez Flores' motion to dismiss their case without prejudice in connection with a shooting between the Hells Angels and Vagos motorcycle gangs.
The shooting was in an unincorporated area northwest of Chino Valley on Aug. 21, 2010.

Apfel, 38, of Las Vegas had been charged with discharging a firearm at a residential structure in that incident. Flores, 61, of Glendale was facing charges of discharging a firearm, possession of narcotic drugs, and possession of dangerous drugs.
On Friday, Jan. 28, Yavapai County Superior Court Judge Celé Hancock sent the cases of the two men affiliated with the Vagos motorcycle gang back to the grand jury.
At that time, Hancock noted that a detective's testimony "regarding the one-percenters may have unduly influenced the grand jury to assume that Apfel was an outlaw and thus may have influenced the grand jury's determination of probable cause."
Hancock also wrote that documents regarding Flores' prescription for the two types of pills he was charged with possession of were given to the prosecutor before the grand jury and should have been presented to grand jurors.
On Monday, Apfel's attorney Craig Williams asked the state to release Apfel's property, and Flores' attorney David Shapiro asked the state to relinquish property and evidence that belonged to his client as well.
Hess exonerated the men's bonds and told the attorneys to contact the Yavapai County Sheriff's Office about the property.
In December 2010, Shapiro's motion to dismiss stated that on Aug. 31, defense counsel presented a deputy county attorney with Flores' prescription history and a letter from his doctors that indicated he was prescribed the 10 hydrocodone and seven clonazepam, which Flores carried in a Mentos container the day of the shooting.
Shapiro also wrote that the state had ample evidence that deadly force was used by Apfel who fired in defense of himself and other Vagos members that were fired upon as they drove past the Hells Angels house.
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