Fort Irwin soldiers to go to trial for stabbing case

OFF THE WIRE
BARSTOW • A pair of Fort Irwin soldiers who are suspected members of the Vagos Motorcycle Club and allegedly stabbed a Barstow resident during a bar fight in April will be going to trial, a judge ruled Thursday.

According to a Barstow Police department report released in April, officers received a call on April 25 around 10:54 p.m. about a fight at Mollie’s Pub on the 1300 block of East Main Street. Police stated in the report that a 49-year-old Barstow man had been stabbed twice during the fight.

Barstow Police Corp. Albert Toro testified Thursday that the victim was stabbed after the three men got in an argument about a woman who had been at the bar with the man who was stabbed. Toro said although the woman had arrived at the bar with the stabbing victim, she was going “back and forth” between the victim and the other two men, who were later identified by witnesses as Army Capt. David Moore, 35, and Army 1st Sgt. Richard Rivero, 39.

Toro testified that the victim asked the woman if she was going to stay with Moore and Rivero or come with him, at which point the four then walked outside and got into an argument. Although witnesses gave slightly differing accounts to Toro about what happened during the fight, Toro testified during cross-examination by Moore’s attorney, Scott Spindel, that the stabbing victim actually started the physical part of the fight and was intoxicated at the time of the fight.

Toro testified that Moore then took two “swipes” at the victim, at which point the victim punched Moore in the face — knocking him to the ground. Spindel also asked if a witness who saw the fight ever saw Moore with a knife and Toro said no. The same witness said he saw Rivero stab the victim in his side with a small-bladed knife after Moore fell. Toro said the police department was unable to recover any knives at the bar or on Moore and Rivero when they were arrested.

Rivero’s public defender Scott Seeley asked during cross-examination of Toro if the victim ever said that Rivero had stabbed him. Toro said the victim never said Rivero stabbed him — despite three different interviews that took place with the victim.
The victim wound up with two stab wounds, with one being severe enough that his small intestines were showing, according to Toro.

Moran — who has done numerous investigations on the Vagos gang — testified that Moore is a known member of the Barstow branch of the Vagos gang. The Barstow branch of Vagos is called the Junction City branch and was founded March 17, 2011.

Moran testified that Moore had first joined a different branch of the Vagos back in 2000 before leaving in 2004 and starting again in 2010. Moore was a “full patch” member and earned his vest according to Vagos rules, while Rivero was a prospect looking to join the Vagos, said Moran. Moore was wearing his vest at the bar and had a number of green tattoos which Moran said are associated with the Vagos, while Rivero was not wearing any Vagos gear.

Moran said part of Vagos culture is that prospects never let “full patch” members hit the ground, which is why Rivero had to stand up for Moore. Both Seeley and Spindel asked during cross-examination if Rivero’s actions could have been because he was defending his friend or fellow soldier and Moran said it was possible.

Judge Glenn Yabuno ruled that there was enough information to go to a trial on all allegations — which include assault with a deadly weapon, assault benefiting a criminal street gang and assault causing great bodily injury — and the men will be arraigned on the information July 13.

Spindel said after the hearing that trying Moore was a “travesty of justice” because Moore had no prior criminal record and said the Vagos are a motorcycle club, not a street gang.

“The fact is that Mr. Moore is a member of the armed services and has an association with the Vagos,” said Spindel. “That does not define who he is as a person.”

Deputy district attorney Connie Lasky said she didn’t have much doubt that the judge would rule for a trial and said she does not intend to offer a plea deal for the two soldiers, who are each facing up to 12 years in prison.

“I think it’s a case where the judge needs to make a decision,” said Lasky.

Moore previously had his bail set at $50,000 at the last hearing, but Yabuno elected to raise it to $150,000 Thursday. Moore is being held at the Adelanto detention facility. Rivero is being held in lieu of $150,000 bail at West Valley Detention Center in Rancho Cucamonga.

http://www.desertdispatch.com/news/irwin-11155-soldiers-stabbing.html