Hells Angels bikers to admit South Dakota charges

Hells Angels bikers to admit South Dakota charges
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Two Hells Angels bikers acquitted of trying to kill rival club members during the 2006 Sturgis Motorcycle Rally plan to avoid another trial and plead guilty to other charges.

After deliberating over three days, jurors in Sioux Falls on Nov. 20 found Chad Wilson, 33, of San Diego and John Midmore, 35, of Valparaiso, Ind., not guilty of sparking an Aug. 8, 2006, gunfight at Custer State Park in the Black Hills of western South Dakota.

Jurors cleared the men of five counts of attempted first-degree murder and one count of commission of a felony while armed.

Three Outlaws Motorcycle Club members and two women with them suffered gunshot wounds.

Wilson is a member of a California Hells Angels chapter and Midmore is a prospect of a British Columbia group.

Prosecutors said the two intended to kill their rivals, but Wilson testified he fired a .40-caliber handgun in self-defense after he and Midmore were confronted by nine Outlaws at a Legion Lake Resort rest stop.

Midmore, who has dual citizenship in Canada and Australia but is a resident alien, was released on bail hours after the verdict.

Wilson, a Canadian citizen now facing deportation, was indicted days after the acquittal on a federal charge of being a nonimmigrant alien in possession of a firearm and was transferred to Rapid City. The maximum punishment is 10 years in prison.

Tracy Kelley, Custer County state's attorney, said Midmore will plead guilty Wednesday in state court in Sioux Falls to cocaine possession because he tested positive for it after his arrest.

The crime carries a maximum punishment of 10 years in prison. But prosecutors will recommend a suspended imposition of sentence and that Midmore receive credit for 27 months he spent in jail because he has no criminal history, Kelley said.

Wilson is scheduled to plead guilty Wednesday in Rapid City federal court to the gun charge. But his lawyers want a delay because of the Midmore hearing across the state on the same day, according to court documents.

A charge of conspiracy to commit first-degree murder against both men will be dismissed, Kelley said.

Defense lawyers earlier asked the judge to dismiss the charge, arguing it would amount to double jeopardy - being tried twice for the same crime.

Prosecutors still could pursue a second trial on the conspiracy count, but only after Wilson's case in federal court is resolved. And even then the judge could rule it was double jeopardy, Kelley said.

"We're going to let his fate be in the hands of the federal authorities," she said of Wilson.

According to court documents, Wilson illegally had three pistols and two rifles in his pickup.

Wilson and Midmore have a separate civil lawsuit pending against 19 federal agencies and officials, claiming they're withholding information showing Outlaws were targeting Hells Angels.

The Outlaws injured were Thomas Haas, Allen Matthews and Danny Neace. They and two women with them, Claudia Wables and Susan Evans-Martin, testified at the trial.

Lawyers representing Wilson and Midmore did not immediately return telephone calls seeking comment.

Copyright 2012 Rapid City Journal. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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