OFF THE WIRE
BY: Scott Smith
Source: recordnet.com
Rather than undergo a new trial, two Jus Brothers Motorcycle Club members accepted deals with a prosecutor Friday, pleading guilty to their roles in a 2004 bar fight that ended with the fatal stabbing of a 22-year-old man.
The new terms dramatically reduce the time each will spend in state prison.
Once sentenced to 16 years to life for second-degree murder in the death of Mark Donahue, Frank Prater, 41, will spend a little more than five more years in prison with a determinate sentence. He pleaded guilty Friday to voluntary manslaughter for 11 years.
Robert Memory, 36, now has about one more year left to serve in prison. His original sentence of more than nine years for two counts of attempted voluntary manslaughter was cut to six years in the deal.
He pleaded guilty Friday to one count of assault with a deadly weapon.
San Joaquin County Superior Court Judge William Murray Jr. asked Memory if he had enough time to talk with his attorney, Vittoria Bossi, before accepting the deal.
"No, but let's just get this over with," he said. "It doesn't matter."
Murray again asked Memory if he wanted to talk further with his attorney.
Memory shook his head and said, "No."
Memory and Prater were convicted in connection with the Nov. 5, 2004, brawl that erupted in the parking lot of the bar formerly called Shakers on Country Club Boulevard. The bikers argued they were protecting themselves against an angry, drunken mob.
The case went to trial in 2006. Allegations arose that members of the Jus Brothers Motorcycle Club tried to intimidate Superior Court Judge Linda Lofthus by revving their motorcycles near her home and driving across her lawn.
Attorneys for the bikers accused the judge of bias for fearing the bikers, which Lofthus fought and won. She sentenced Memory and Prater, who were sent off to prison.
But early this year, the state's 3rd District Court of Appeal overturned the convictions.
The appeals court ruled that in trial Lofthus erred by allowing San Joaquin County Deputy District Attorney Kevin Mayo to characterize the Jus Brothers as associates of the notorious Hells Angels Motorcycle Club.
They were found guilty by association, the appeals court ruled.
Memory and Prater were brought back to the San Joaquin County Jail and headed to trial in Stockton. Meanwhile, their attorneys, Bossi and San Joaquin County Deputy Public Defender Sam Behar, worked toward the resolution, which they reached Friday.
Relatives of both Memory and Prater attended Friday's hearing. So did Sharon and Stephen Donahue, the slain man's parents. Leaving the courthouse, Stephen Donahue said they believe in the judicial process, but it still isn't enough.
"We just want our boy back," said Donahue, standing next to his wife. "We can't get that."
Prater's sentencing is set for Nov. 8. Memory is due back for formal sentencing on Feb. 28.
Contact reporter Scott Smith at (209) 546-8296 or ssmith@recordnet.com. Visit his blog at recordnet.com/smithblog.
