rgj.com
Written byJaclyn O’Malley
A judge said Friday she would issue rulings regarding attorney challenges of charges filed against two rival California motorcycle club members related to a fatal 2011 gun battle at John Ascuaga’s Nugget.
Washoe District Judge Connie Steinheimer heard arguments Friday continued from a hearing last month. Lawyers for Ernesto Gonzalez and Cesar Villagrana are challenging murder and conspiracy charges filed against them for the Sept. 23 fatal shooting of Jeffrey Pettigrew, 51.
A third suspect in the case, Gary Rudnick, already has pleaded guilty for his role in the fatal melee. He is expected to testify during the Oct. 29 trial of Gonzalez and Villagrana that is slated for three weeks.
The charges allege the men committed the crimes to further their respective gangs. But defense attorneys deny the gang affiliation and say Gonzalez, a member of the Vagos, and Villagrana, a member of the Hells Angels, are “club” members. Local authorities and national law enforcement agencies say the Hells Angels and Vagos are criminal gangs who have a history of violence.
Steinheimer said she will later issue a written ruling on her determination if there was enough evidence presented to grand jurors to support their indictment against the men and if they will be tried together.
Defense attorneys said during last month’s hearing that they would argue self-defense for their respective clients.
Both Villagrana and Gonzalez blame violence at the hands of their rivals for prompting them to fire their guns, their attorneys said. They both also are charged with challenge to a fight with a deadly weapon causing death and carrying a concealed weapon.
Authorities said that Villagrana was a member of the San Jose, Calif., Hells Angels chapter, and Pettigrew was its president. Gonzalez is a Nicaraguan Vagos president, police said. Both motorcycle clubs had been at John Ascuaga’s Nugget during Street Vibrations when shots were fired on a crowded dance floor.
Chief Deputy District Attorney Karl Hall said earlier that day, the Vagos held a national meeting at the hotel. He said the Vagos and Hells Angels had been involved in a “turf war,” and there was animosity between the two gangs.
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Grand jury transcripts show that shortly before the shootings, veteran members of the rival clubs — including national members — had negotiated a truce between the San Jose rival chapters who seemingly had been itching to fight throughout the annual motorcycle rally.
Police said Rudnick, 45, later instigated the fight with Pettigrew. Villagrana’s attorney Richard Schonfeld said Pettigrew tried to diffuse the situation by suggesting they calm down and have a few beers. About 45 minutes later, the casino shootout erupted near Trader Dick’s bar after Pettigrew punched Rudnick in the face, authorities said.
Hall said Villagrana and Pettigrew already had agreed to Rudnick’s challenge of a fight with Vagos when they approached the bar. He said Vagos members are seen on video surveillance preparing for the fight as the Hells Angels members approached. Hall said they were putting on gloves, and Gonzalez put down his drink.
But Gonzalez’s attorney said it was the Hells Angels who were the first to take out guns, fire shots and wield knives. Hall had earlier described the dance floor being filled with teams of red and green, based on the colors worn by each gang.
Gonzalez, 53, is accused of firing four bullets into Pettigrew’s back, killing him, and faces charges related to two separate murder theories. He is charged with second-degree murder with a deadly weapon, as is Villagrana. However, he also is charged with open murder with a deadly weapon for allegedly lying in wait to kill Pettigrew during a planned hit.
Biroy Dogan, Gonzalez’s attorney, has said Gonzalez was acting to defend others when he shot Pettigrew. He said Pettigrew and Villagrana had been stomping and kicking a man on the ground, while they had their guns out. Dogan said that was when Pettigrew was shot. Pettigrew also had pistol-whipped a man, according to court records.
An autopsy report showed that Pettigrew also was stabbed and his nose nearly severed.
Hall said Villagrana was acting as Pettigrew’s bodyguard. He said because Villagrana, 36, had agreed to fight, he is liable for Pettigrew’s death because it was a result of the fight. Schonfeld said Villagrana was only “standing there” and made no agreement to fight.
Schonfeld said there was a small group of Hells Angels walking toward the corridor, which was the only way to reach the elevators. He said the group was surrounded by Vagos. While Rudnick antagonized Pettigrew, Villagrana just stood there, Schonfeld said. It wasn’t until Vagos members starting throwing beer bottles did Villagrana “engage,” he said.
Hall said the code of conduct for the men’s gangs require them to back each other up during fights.
Villagrana also is charged with two counts of battery with a deadly weapon for allegedly shooting two Vagos members during the incident. He was arrested after Sparks police allegedly found him on the dance floor with a gun in his hand.
Gonzalez was placed into custody several days later in San Francisco.
Grand jury transcripts show that shortly before the shootings, veteran members of the rival clubs — including national members — had negotiated a truce between the San Jose rival chapters who seemingly had been itching to fight throughout the annual motorcycle rally.
Police said Rudnick, 45, later instigated the fight with Pettigrew. Villagrana’s attorney Richard Schonfeld said Pettigrew tried to diffuse the situation by suggesting they calm down and have a few beers. About 45 minutes later, the casino shootout erupted near Trader Dick’s bar after Pettigrew punched Rudnick in the face, authorities said.
Hall said Villagrana and Pettigrew already had agreed to Rudnick’s challenge of a fight with Vagos when they approached the bar. He said Vagos members are seen on video surveillance preparing for the fight as the Hells Angels members approached. Hall said they were putting on gloves, and Gonzalez put down his drink.
But Gonzalez’s attorney said it was the Hells Angels who were the first to take out guns, fire shots and wield knives. Hall had earlier described the dance floor being filled with teams of red and green, based on the colors worn by each gang.
Gonzalez, 53, is accused of firing four bullets into Pettigrew’s back, killing him, and faces charges related to two separate murder theories. He is charged with second-degree murder with a deadly weapon, as is Villagrana. However, he also is charged with open murder with a deadly weapon for allegedly lying in wait to kill Pettigrew during a planned hit.
Biroy Dogan, Gonzalez’s attorney, has said Gonzalez was acting to defend others when he shot Pettigrew. He said Pettigrew and Villagrana had been stomping and kicking a man on the ground, while they had their guns out. Dogan said that was when Pettigrew was shot. Pettigrew also had pistol-whipped a man, according to court records.
An autopsy report showed that Pettigrew also was stabbed and his nose nearly severed.
Hall said Villagrana was acting as Pettigrew’s bodyguard. He said because Villagrana, 36, had agreed to fight, he is liable for Pettigrew’s death because it was a result of the fight. Schonfeld said Villagrana was only “standing there” and made no agreement to fight.
Schonfeld said there was a small group of Hells Angels walking toward the corridor, which was the only way to reach the elevators. He said the group was surrounded by Vagos. While Rudnick antagonized Pettigrew, Villagrana just stood there, Schonfeld said. It wasn’t until Vagos members starting throwing beer bottles did Villagrana “engage,” he said.
Hall said the code of conduct for the men’s gangs require them to back each other up during fights.
Villagrana also is charged with two counts of battery with a deadly weapon for allegedly shooting two Vagos members during the incident. He was arrested after Sparks police allegedly found him on the dance floor with a gun in his hand.
Gonzalez was placed into custody several days later in San Francisco.
Police said Rudnick, 45, later instigated the fight with Pettigrew. Villagrana’s attorney Richard Schonfeld said Pettigrew tried to diffuse the situation by suggesting they calm down and have a few beers. About 45 minutes later, the casino shootout erupted near Trader Dick’s bar after Pettigrew punched Rudnick in the face, authorities said.
Hall said Villagrana and Pettigrew already had agreed to Rudnick’s challenge of a fight with Vagos when they approached the bar. He said Vagos members are seen on video surveillance preparing for the fight as the Hells Angels members approached. Hall said they were putting on gloves, and Gonzalez put down his drink.
But Gonzalez’s attorney said it was the Hells Angels who were the first to take out guns, fire shots and wield knives. Hall had earlier described the dance floor being filled with teams of red and green, based on the colors worn by each gang.
Gonzalez, 53, is accused of firing four bullets into Pettigrew’s back, killing him, and faces charges related to two separate murder theories. He is charged with second-degree murder with a deadly weapon, as is Villagrana. However, he also is charged with open murder with a deadly weapon for allegedly lying in wait to kill Pettigrew during a planned hit.
Biroy Dogan, Gonzalez’s attorney, has said Gonzalez was acting to defend others when he shot Pettigrew. He said Pettigrew and Villagrana had been stomping and kicking a man on the ground, while they had their guns out. Dogan said that was when Pettigrew was shot. Pettigrew also had pistol-whipped a man, according to court records.
An autopsy report showed that Pettigrew also was stabbed and his nose nearly severed.
Hall said Villagrana was acting as Pettigrew’s bodyguard. He said because Villagrana, 36, had agreed to fight, he is liable for Pettigrew’s death because it was a result of the fight. Schonfeld said Villagrana was only “standing there” and made no agreement to fight.
Schonfeld said there was a small group of Hells Angels walking toward the corridor, which was the only way to reach the elevators. He said the group was surrounded by Vagos. While Rudnick antagonized Pettigrew, Villagrana just stood there, Schonfeld said. It wasn’t until Vagos members starting throwing beer bottles did Villagrana “engage,” he said.
Hall said the code of conduct for the men’s gangs require them to back each other up during fights.
Villagrana also is charged with two counts of battery with a deadly weapon for allegedly shooting two Vagos members during the incident. He was arrested after Sparks police allegedly found him on the dance floor with a gun in his hand.
Gonzalez was placed into custody several days later in San Francisco.