Jury convicts 1 Outlaws gang member, acquits 2, deadlocks on president

OFF THE WIRE
Outlaws MC
BY: Reed Williams
Source: Richmond Times Dispatch


A U.S. District Court jury found one of four Outlaws biker gang members guilty of racketeering-related charges, acquitted two other defendants and could not decide the case against the organization’s national president.

Wednesday’s decision came on the jury’s fourth day of deliberations in federal court in Richmond, and two weeks after the trial began for the four defendants. In all, more than two dozen people have been charged as part of the investigation.

Leslie "Les" Werth, 47, who was vice president of the Outlaws’ chapter in Rock Hill, S.C., was convicted of conspiracy to commit racketeering and conspiracy to commit violence in aid of racketeering.

Werth’s wife, Wanda Werth, said after the verdict that her husband was the target of a "witch hunt" to justify the cost of the federal investigation. The investigation began in 2008, and undercover federal agents infiltrated the Outlaws and set up a new chapter and clubhouse in Petersburg.

The jury could not reach a verdict in the case against Outlaws president Jack "Milwaukee Jack" Rosga, who faced the same two charges as Werth was convicted of. Prosecutors said they will retry the case against Rosga, 53, of Wisconsin.

The jury acquitted Mark "Lytnin’ "Spradling, 52, and William "Rebel" Davey, 46, of the same two conspiracy charges. Authorities identified Spradling as a regional treasurer for the Outlaws and Davey as an enforcer for a chapter in North Carolina.

The jury also found Davey and Werth not guilty of additional charges of committing violence in aid of racketeering and a firearm charge.

The government’s indictment alleged that the Outlaws ran a criminal enterprise that engaged in attempted murder, kidnapping, assault, robbery, extortion and other crimes. Many of the allegations centered around territorial disputes between the Outlaws and their bitter rivals, the Hells Angels, or groups that supported them.

"The jury has spoken," Spradling’s attorney, Reginald Barley, said outside the courthouse after his client was cleared of wrongdoing. "It’s a good thing for these folks that we do have a First Amendment — the right to free association — and a Sixth Amendment — the right to damn good counsel."

Davey’s attorney, Horace F. Hunter, said his client is pleased with his acquittal but called the result bitter-sweet.

"William Davey should not have been charged, let alone tried for any of these offenses," Hunter said.

The prosecutors who tried the case declined to comment afterward.

U.S. Attorney Neil H. MacBride released a statement saying that he respects the jury’s verdict and intends to retry Rosga.

"We will continue to pursue any allegations of organizations that engage in violent criminal activity as a way of doing business," MacBride’s statement added.

A new trial date for Rosga was not immediately set.

Of the more than two dozen people indicted in the case, five are scheduled for trial in December. Another 15 have already pleaded guilty and some testified during the trial of Rosga and the other three Outlaws, hoping to win leniency at sentencing.

Claire G. Cardwell, one of Rosga’s attorneys, said the jury obviously worked hard but that she was disappointed Rosga was not acquitted. She said the trial showed that the government’s case was "not nearly as strong as they thought it was."

During the trial, Cardwell described the government’s case as "just a couple of bar fights and a shooting that they can’t credibly connect to Mr. Rosga."

Cardwell was referring to a shooting in Maine in 2009. A prosecution witness who is a former enforcer for the Outlaws admitted his own involvement in the shooting, which severely wounded a member of the Hells Angels.

The witness, Michael "Madman" Pedini, who pleaded guilty and cooperated with the government, testified that he helped carry out the shooting after Rosga ordered him to seek revenge against Hells Angels for the beating and humiliation of two Outlaws.

Rosga’s attorneys called to the witness stand another Outlaws member, who suggested that some of Pedini’s claims were ridiculous and said there was no organized war against the Hells Angels.

Defense attorneys have argued that a great deal of time and money went into the undercover investigation, and Wanda Werth said after Wednesday’s verdict that her husband was a victim of a "witch hunt to justify the money they’ve spent."

Peter Carr, a spokesman for the U.S. attorney’s office for the Eastern District of Virginia, said he could not immediately provide the cost or estimated cost of the investigation.

Sentencing for Werth was set for Feb. 11. He faces up to 23 years in prison and a fine of up to $500,000.