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Friday, December 23, 2011

NEVEDA -Central American link emerges as bail set at $2M for Vagos member charged in Street Vibrations shooting


OFF THE WIRE
The Vagos motorcycle gang member accused of firing fatal gunshots into the back of a rival Hells Angels chapter president in a Sparks casino is president of a Nicaraguan Vagos chapter who likely is considered a hero among his peers for assassinating one of their rivals, a prosecutor said Wednesday in successfully getting his bail set at $2 million.

Chief Deputy District Attorney Karl Hall said that Ernesto Manuel Gonzalez, 53, had reserved an airline flight to Costa Rica soon before he was arrested in his hometown of San Francisco, days after he allegedly gunned down Hells Angels San Jose chapter President Jeffrey Pettigrew on a crowded dance floor at John Ascuaga’s Nugget and fled.

Hall said the Vagos gxxg would likely “support and assist” Gonzalez in fleeing to avoid the criminal charges because he is a high-ranking member, adding the likelihood that he will be convicted is high due to video surveillance, forensic evidence and eyewitness statements against him.

After hearing testimony from a Sparks police detective and arguments from Hall, Washoe District Judge Connie Steinheimer ordered that Gonzalez’s bail be changed from none to $2 million.
She also ordered that his fellow Vagos member, Gary Rudnick, be given $300,000 bail. They had previously been denied bail, and Wednesday’s hearing was to set bail at the request of their attorneys.

Both men appeared in court wearing bullet-proof vests and shackles. They were surrounded by several deputies in a courtroom where spectators had to be patted down with a metal detector wand before entering.
“He killed the San Jose (Hells Angels) president,” Hall said. “There were problems between the Hells Angels and the Vagos in San Jose. In light of the fact that Ernesto Gonzalez murdered Jeffrey Pettigrew, he is likely somewhat of a hero ... and he will likely receive significant backing of a nationwide motorcycle gxxg who will use their resources to send him out of the country.”

Detective provides details
Sparks detective John Patton testified that Gonzalez told the San Francisco police officer who arrested him as he sat in a rental car that the Hells Angels were “after him.”

“He told the officer he knew he was wanted, and the Hells Angels gxxg were after him, Patton said. “He indicated he wanted the officer to take him out of there as soon as possible. He told him that out of respect for the office and his family, he needed to get out of there as well.”

Patton said Gonzalez had three cell phones, a laptop computer, more than $1,700, and his passport that indicated he went to Nicaragua in July. A search of his cell phone showed pictures of Gonzalez with high-ranking Vagos members, as well as contacts in his phone and text messages between them. He added that officers found Gonzalez’s leather vest worn with his gxxg affiliation that had hidden compartments used to store weapons.

Patton said Gonzalez had reserved a plane ticket to Costa Rica leaving the Los Angeles airport at 12:30 a.m. on Sept. 29. He said the U.S. Border Patrol alerted his agency about the purchase, and Gonzalez’ cell phone activity indicated he was in the LA-area. Patton said the reservation was cancelled because Gonzalez failed to pay for it.

Details of allegations
Rudnick, 45, is accused of instigating the shooting that started at the Oyster Bar in the Nugget. It was seemingly resolved, and then refueled by Rudnick, court records say.

Pettigrew punched Rudnick in the face, which sparked the gun battle. A third defendant in the case, Hells Angels member Cesar Villagrana, was released earlier on $300,000 bail.
Gonzalez’s attorney, Maizie Pusich argued that he should be given the same bail as Villagrana, because they both face the same 20-year penalty in at least one of the indictment charges — challenge to a fight resulting in the death with a deadly weapon.

Defense responds
Rudnick’s attorney, Tehan Slocum, said her client was not armed and should be granted $100,000 bail because he is married with two children and worked for a construction company where he lives in Southern California. Although Steinheimer said he told court staff that he is unemployed and supported by his wife. Slocum added that Rudnick was a victim because Pettigrew punched him in the face.

“He was punched and a gun was drawn by the victim,” she said of the “devoted family man.” “He left the scene because he did not want any part of that violence.”
Hall said that Gonzalez “stalked” Pettigrew around the casino on Sept. 23, and is seen on video surveillance watching the brewing altercations between the rival groups who were in the area for its annual Street Vibrations motorcycle festival.

“(Ernesto Gonzalez) is seen in the background like he is stalking his prey,” Hall said. “He snuck up and shot Jeffrey Pettigrew in the back.”
Gonzalez is a convicted drug offender who has a long history of arrests for weapons violations, Hall said. On court papers, Gonzalez said he is an unemployed owner of a cleaning service and owes child support. He claimed no income.

“His reputation in the community is one of a criminal gxxg member and murderer,” Hall wrote in a motion opposing Gonzalez’s bail reduction.

Legal details The indictment against the men alleges that Rudnick challenged the Hells Angels to a fight, and Pettigrew and Villagrana accepted. Because they all conspired to fight, which resulted in fatal gunfire, the men were charged in the indictment as co-defendants.

They are considered principals to Pettigrew’s death, even though Gonzalez is charged with open murder with a deadly weapon. Gonzalez is additionally charged, as is Villagrana, with second-degree murder and carrying a concealed weapon.

The second-degree murder charge alleges that Gonzalez and Villagrana aided and abetted Rudnick and Pettigrew in the commission of the fight that caused the shooting that killed Pettigrew. All three men are charged with conspiracy to engage in an affray, a gross misdemeanor; and challenge to a fight resulting in death with the use of a deadly weapon, a felony.

Villagrana was additionally charged with two counts of felony battery with a deadly weapon for shooting two Vagos members and causing non-life-threatening injuries and with discharging a firearm in a structure and carrying a concealed weapon, both felonies.
The indictment said the incident was carried out to promote the men’s respective gxxgs.

Villagrana was arrested the night of the shooting with a 9-mm Smith & Wesson semiautomatic handgun that had been reported stolen in Arizona in 1998, police said. The other two men were arrested weeks later in California.

Hall previously filed a motion asking Steinheimer to grant protection orders for witnesses in the case, because they fear retaliation, intimidation and harassment for providing incriminating information to law enforcement.

He asked that the judge ask witnesses — lay people and confidential informants — if they are willing to be interviewed by defense attorneys. If they agree, he wants the interviews to be done in court. Defense attorneys have opposed the request. No ruling has yet been made in the matter.

http://www.rgj.com/article/20111221/NEWS01/111221055/Bail-set-2M-Vagos-member-charged-Street-Vibrations-shooting