Written by
Jaclyn O’Malley
The man authorities say fired the gunshots that killed a rival motorcycle club member at John Ascuaga’s Nugget last year was arraigned Thursday on additional charges based on an alternate murder theory.
Ernesto Manuel Gonzalez, 53, is already charged with the Sept. 23 second-degree murder of Jeffrey Pettigrew, who was the San Jose, Calif., Hells Angels chapter president, during Street Vibrations. In that case he is also charged with conspiracy to engage in an affray and challenge to a fight resulting in a deadly weapon.
Gonzalez is a Nicaraguan Vagos motorycle club chapter president, authorities said. On Thursday, he was arraigned in Washoe District Court on open murder and conspiracy to commit murder based on a different theory after new facts were discovered in the case, said Chief Deputy District Attorney Karl Hall.
According to the new criminal complaint, Pettigrew’s killing was deliberate and premeditated, and Gonzalez was “lying in wait” to kill Pettigrew. For jurors, evidence of premeditation escalates his current second-degree murder charge to the more severe first-degree murder count.
Now, Hall will file a motion to Judge Connie Steinehimer requesting to join this new charge with the current charges that are going forward in trial.
“Definitely not guilty,” Gonzalez told the judge during the brief hearing.
Two other men were also charged in the incident that erupted on a dance floor in the casino and was captured on video surveillance. Gary Rudnick, known as “Jabbers,” who authorities said is also a member of the Vagos, in March pleaded guilty to conspiracy to commit murder. Cesar Villagrana, who authorities say is part of the Hells Angels, is free on bail awaiting an Oct. 29 trial on second-degree murder, battery with a deadly weapon and conspiracy charges, with Gonzalez as a co-defendent.
The complaint said Gonzalez conspired with Rudnick and other Vagos with the “specific intent a killing occur.” It said the murder was committed knowingly for the benefit of, or at the direction of a criminal gang. The specific intent was to “promote and further assist Vagos.”
Under heavy security Vagos motorcycle gang member Ernesto Gonzalez is led from the courtroom on Nov. 17, 2011 after being arraigned in the shooting death of Hells Angels member Jeffrey Pettrigrew last September during Street Vibrations. / David B. Parker/RGJ
Listed on the witness list for the new charge were five confidential sources and Rudnick.
According to Rudnick’s plea agreement, he has to truthfully testify during trial. He is facing two to 10 years in prison. On May 23 he was released from custody on his own recognizance, court records show. He must wear a GPS monitor and be supervised by court officials, checking in weekly. Rudnick is also prohibited from gang activity and can’t associate with motorcycle gang members.
In his plea, Rudnick said he conspired with Gonzalez and other Vagos to fight with Pettigrew and other Hells Angels. “I did issue and /or accept a challenge to fight Jeffrey Pettigrew and other Hells Angels. I did provoke a physical altercation with the intent that Hells Angels suffer death or substantial bodily harm,” the plea stated.
Pettigrew punching Rudnick in the face sparked the fight, court records show.
Villagrana is accused of shooting two Vagos members in the gun battle. He was arrested holding a gun in his hand, records show. Because he allegedly aided and abetted Rudnick and Pettigrew in the commission of the fight that caused Pettigrew’s death, Villagrana also faces a second-degree murder charge. He’s also charged with shooting two of his rivals, who received non-life-threatening injuries.
“Tensions between Hells Angels and Vagos were obviously high earlier in the evening when both gang members congregated at the Oyster Bar,” according to a court document Hall filed. It added that a confidential Vagos member said they were going to fight the Hells Angels if the situation had not defused.
Gonzalez was arrested days later in San Francisco as he sat in a rental car. Police said he had reserved a plane ticket to Costa Rica but didn’t pay for it.
Hall had earlier said that Gonzalez was seen on casino surveillance video stalking Pettigrew and then shot him in the back.
Gonzalez is a convicted drug offender who has a long history of arrests for weapons violations, authorities said. In court papers, Gonzalez said he is an unemployed owner of a cleaning service and owes child support.
Steinheimer earlier granted Hall’s request for a protective order for witnesses in the case who fear retaliation for their legal cooperation. According to court records, one witness said he was approached by a Vagos member who, against his will, took a photo of the witness’ identification. Authorities said Villagrana had in his possession names of jurors from a 2002 Hells Angels and Mongols deadly melee that occurred in a Laughlin casino.
Steinheimer ruled that Hall has to give the defendants’ attorneys witness names and contact numbers, but that they must be confidential and can’t be given to the defendants.
