Wednesday, September 1, 2010

Hearings set for nine in Chino biker shootings

By Lisa Irish
The Daily Courier


Extra police officers, sheriff's deputies and court officers provided increased security at the Yavapai County Courthouse Tuesday during early disposition court for suspects charged in the Aug. 21 shooting between the Hells Angels and Vagos motorcycle gangs in an unincorporated area northwest of Chino Valley.

During early disposition, defendants learn if there can be a non-trial resolution to a case - basically a plea agreement. If a non-trial resolution is not offered, a not-guilty plea is entered on the defendant's behalf and a date for a case management conference or preliminary hearing is set.

At 8 a.m., defense attorney Charles Anthony Shaw told Yavapai County Superior Court Judge William Kiger that his client, Robert Edward Kittredge, 36, of Prescott Valley, pled not guilty to charges of three counts of aggravated assault, three counts of felony disorderly conduct, and two counts of participating in a criminal street gang.

Shaw asked for a preliminary hearing to be set for his client, who is the only one of the nine defendants in this case who still remains in jail.

When Kiger asked if he'd received some disclosure from the prosecutor, Shaw said, "No, your honor."

Kiger asked Deputy County Attorney Kevin Schiff if there had been any disclosure or non-trial offers yet.

"No, sir," Schiff said.

Kiger then set a preliminary hearing for Kittredge for Sept. 1 at 4 p.m. in Prescott Justice Court.

Tuesday afternoon, defendants who had bonded out appeared for early disposition court.

It was standing room only in the courtroom full of defendants, attorneys, family members and supporters.

Among the defendants in the afternoon session were four defendants whose names had been blacked out in a list of earlier charges released by the Yavapai County Attorney's Office.

Last week, Penny Cramer, administrative assistant to the Yavapai County Attorney's Office, had said the four names could not be released until the defendants were served for those charges or appeared in early disposition court.

The four defendants whose names had been blacked out were Jess Ramirez Flores, 61, of Glendale; Michael Trevor Koepke, 28, of Prescott Valley; Kevin E. Christensen, 50, of Kingman; and Brian E. Apfel, 38, of Las Vegas.

Flores' defense attorney David Shapiro, asked Kiger to set a preliminary hearing for his client, saying they had received no disclosures or non-trial offers from the Yavapai County Attorney's Office for his client.

Flores was charged with discharging a firearm, disturbing the peace, participating in a criminal street gang, possession of a dangerous drug (hydrocodone) and possession of a dangerous drug (clonazepam).

Schiff requested that Flores and all the defendants in this case surrender their passports because he had heard that some or all of the defendants might be trying to leave the country.

Kiger set a preliminary hearing for Flores and all other defendants in this case, with the exception of Kittredge, for Sept. 7, at 4 p.m. in Prescott Justice Court.

Next, the public defender for Kiley Steven Hill, 39, of Camp Verde told Kiger, "Your honor, there is basically zero disclosure, no resolution, nothing - it's similar to everyone else here."

When Kiger asked Schiff, "They're all in the same situation?" Schiff responded, "Yes."

Kiger reminded Hill and all the other defendants that if a grand jury indicted them between now and their preliminary hearing date that a new court date could be set for them and they needed to keep in close contact with their attorneys to ensure they were present for all court proceedings.

Richard Gaxiola, the defense attorney for Michael Trevor Koepke, agreed when Kiger asked if he also had very sparse disclosure. Koepke is charged with eight counts of aggravated assault, two counts of participating in a criminal street gang, and eight counts of disorderly conduct.

Gaxiola asked Kiger if Koepke could continue to work his job at a firearms manufacturer. Kiger said as long as Koepke continued to just work on assembling a part of the firearm and did not handle the finished product, he thought he could continue working without violating the terms of his release.

Another man whose name had been blacked out in earlier charges who appeared in early disposition court was Kevin E. Christensen, 50, of Kingman, who is charged with eight counts of aggravated assault, one count of participating in a criminal street gang, and six counts of disorderly conduct.

Lynn Harris, defense attorney for Larry Scott Jr., 47, of Chino Valley told the court she'd like to have her client's case dismissed.

"There have been no police reports. There has been more than ample time for the state to provide those police reports," Harris said.

Kiger denied her motion to dismiss and set a preliminary hearing for her client on the same date and time as the others.

The defense attorney for Brian E. Apfel was not present at the early disposition hearing so attorney David Shapiro said he would act has his attorney today with Apfel's consent.

Shapiro asked that Apfel be allowed to return to his home, family, and business in Las Vegas and not be limited to staying in Arizona.

Kiger agreed that Apfel could return to his home in Las Vegas, but told him he must keep in contact with Fred Williams, who will be his defense attorney, and return to Arizona for all court proceedings.

"I can certainly do that," Apfel said.

Apfel, 38, is charged with one count of aggravated assault, one count of disorderly conduct and one count of participation in a criminal street gang.

John Anthony Bernard, 44, of Phoenix and Bruce Andrew Schweigert, 46, of Cornville faced similar charges, and Kiger set their preliminary hearing for the same date and time.