OFF THE WIRE
LAKEPORT, Calif. – Three Sonoma County Hells Angel Chapter members have been ordered to stand trial for allegedly attacking club rivals during a June 2011 tattoo convention at Konocti Vista Casino.
Judge Andrew Blum ordered Josh Johnson, 36; Nicolas Carrillo, 33; and Timothy Bianchi, 34, to stand trial for their alleged part in the fight with Michael Burns, a validated Vagos motorcycle gxxg member, and Kristopher Perkin on June 4, 2011.
All three are facing a felony charge of participation in a criminal street gang, and misdemeanor counts of disturbing the peace and battery. Bianchi is facing an additional felony count of assault with a deadly weapon other than a firearm, and Johnson and Carrillo each face a second misdemeanor battery count.
David Dabbs, another Hells Angel member alleged to have been in the fight, still remains at large.
The day of testimony began with Deputy District Attorney Art Grothe calling to the stand Lake County Sheriff's Det. John Drewrey.
Drewrey briefly testified regarding sheriff's reports related to a fatal collision on July 27, 2011, between a vehicle and a small child.
Sheriff Frank Rivero, during the first day of testimony on Wednesday, has testified to getting video surveillance from Konocti Vista Casino immediately after the fight on June 4, 2011.
He had testified to having a working relationship with Tribal Chair Tony Jack, who he said had come to him about the crash involving the child. However, that fatal crash had actually occurred nearly two months after the fight, not before it, as Rivero had indicated.
Grothe had requested Rivero be available to retake the stand and be subject to further cross-examination, explaining that he wanted to correct any inaccuracies that may have occurred during testimony.
Later in the morning, however, the defense would decide that they did not need Rivero to make another appearance, as the attorneys believed Rivero's statements would not be relevant to the core of the case. They also want to see a full transcript of his testimony.
Carrillo's attorney Michael Clough instead wanted to call to the stand Deputy Gary Frace, who provided testimony that contradicted other statements made on the stand Wednesday by Rivero.
“We are calling this witness because of testimony that was given regarding the videotapes,” Clough said.
Clough explained that Rivero had given conflicting testimony about the video, stating on Wednesday that no other members of his department had viewed the video before he did. However, Frace had, in fact, viewed them prior to Rivero obtaining them, Clough said.
“His testimony is absolutely crucial to answering a whole series of questions,” Clough said of Frace, adding that Frace also originally had been on the witness list.
Jai Gohel, Bianchi's defense attorney, made a different offer of proof, stating he thought there were serious credibility issues with Rivero's testimony.
Rivero had not been sure of what was on the video but yet rushed to get it, Gohel said. “I think there's credibility problems with that.”
Frace's report, said Gohel, stated that he saw the videos on the afternoon of the fight, before Rivero became involved. The defense wanted to inquire if Frace had reported seeing the videos to Rivero.
Gohel added, “The sheriff realized that there was going to be some difficulties, potentially, in getting a warrant for these tapes.” He said it seemed “incredible” that Rivero would not know one of his staff had seen the videos.
Clough asked Blum for a five-minute recess in order to ask Frace some questions and ascertain if his testimony was truly necessary. Blum agreed.
Frace, the defense attorneys, Grothe and Sgt. John Gregore went into the jury room and had a brief closed-door discussion. After they returned, Grothe – who initially had objected – agreed that it was appropriate to call Frace to the stand.
Clough added that Frace had knowledge of exchanges with the sheriff that would impeach Rivero's testimony on the previous day.
Deputy explains work on the case
Frace was called to the stand, but before he began to testify Grothe said issues needed to be addressed, particularly, that he had been informed that based on the June 2011 fight the sheriff's department had initiated and still held open an internal affairs investigation on Frace.
Grothe said Frace had been ordered not to talk to anyone about the incident. “I believe he's got conflicting orders,” and Grothe suggested the court would need to order Frace to testify.
Blum asked if there was a possible Fifth Amendment issue regarding self-incrimination. Both Grothe and Frace said they didn't believe so. Clough suggested that out of an abundance of caution Frace should be advised that he's entitled to counsel.
Blum advised Frace of his Fifth Amendment rights, and asked if he wished for counsel, to which Frace said no. At Grothe's request, Blum said Frace was under oath and required to answer questions.
As Clough began to question Frace Grothe asked for a brief interruption when Capt. Chris Macedo of the Lake County Sheriff's Office arrived in the courtroom. Grothe asked that Macedo be allowed to make a statement on the record, which Clough didn't object to although he noted it was “highly unusual.”
Macedo told the court that he was releasing Frace from his admonition not to speak about the situation in responding to questions about the incident in court.
Frace told the court he had arrived on the scene of the fight within minutes of the call, which occurred shortly before 1:30 p.m. Saturday, June 4, 2011.
He said a security guard told him about the fight, with Deputy Walter White – who also responded and testified about doing so on Wednesday – contacting Burns as he was attempting to leave in a vehicle. The Hells Angels Club President told Frace nothing had happened.
Later that afternoon, Frace wrote a report on the incident, retrieved a copy of a surveillance video request form from the sheriff’s office and returned to submit it to the casino, where he also was allowed to view footage of the fight. Another deputy later had to resubmit the form because it had the former sheriff’s name on it and the casino wouldn’t accept it.
Frace said he spoke to Sgt. Chris Chwialkowski about seeing the video. By the end of Frace’s shift that day, Chwialkowski told Frace that Rivero was immediately ordering him not to talk to Deputy Walter White or then-Deputy Elvis Cook about the incident. He said he asked Chwialkowski to put it in writing and he did.
Clough asked him if he had ever been ordered not to talk to other deputies about a case. “No, I have not,” said Frace.
Officer discusses gangs
During the remainder of the day, Lakeport Police Officer Norm Taylor, who is his department’s gang expert and is on the county’s gang task force, testified about the Hells Angels, their rules and activities around the area, and the June 2011 fight.
The defense questioned him at length and wanted him disqualified, but Blum ruled Taylor was qualified. “He knows vastly more than the average person on the street and quite a bit more than the average officer.”
Taylor testified that a fellow Lakeport Police officer encountered Burns in the months before the June 2011 fight in downtown Lakeport, after he had apparently been assaulted during another confrontation with Hells Angels members who appeared to be from the Sonoma County chapter.
He said Hells Angels have long claimed California as their own. At one point in Lake County there were no active motorcycle gxxgs, then the Vagos set up a chapter in the county in 2006. He said that the Sonoma County Hells Angels chapter considered that complete disrespect.
Taylor testified that the assault at Konocti Vista of Burns and Perkin was for the purpose of showing dominance in Hells Angels territory. He said the Hells Angels are no different than any other street gang. He said they derive fear from assaults and violence; people don’t want to cross them and don’t want to contact law enforcement due to fear of retaliation.
Patrick Ciocca, Johnson’s attorney, asked if it was possible that during the fight Johnson had just responded to aid a brother. “Based on the entire circumstances, I don’t believe so,” said Taylor.
The defense attorneys argued that the charges, even at a preliminary hearing level, didn’t stand up, and that at the very least all charges should be reduced to misdemeanors.
Grothe, however, said that Burns suffered a broken bone, which meets the statutory guidelines of “great bodily injury,” and that the fight took place in the middle of day in front of numerous innocent “civilians.”
Blum ruled there was a strong suspicion – which is all that’s required at preliminary hearing – that the three men committed the crimes with which they’re charged, and ordered them to stand trial.
He watched the videos closely and said it was clear to him that all three were involved in the fight, although he was not sure that Johnson or Carrillo ever laid a hand on Burns. Bianchi, however, was hitting Burns and “using great force.”
Bianchi, Carrillo and Johnson have been ordered to return for arraignment on April 16.
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