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2006 Custer State Park biker gunfight trial starts

2006 Custer State Park biker gunfight trial starts
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SIOUX FALLS - Jury selection starts Monday in a trial stemming from a 2006 shootout between Hells Angels and Outlaws motorcycle club members at Custer State Park in South Dakota's Black Hills.

Prosecutors accuse the Hells Angels of trying to kill five Outlaws. Defense lawyers argue the Outlaws were the aggressors and that their clients acted in self-defense.

Chad Wilson, 33, of Lynnwood, Wash., and John Midmore, 35, of Valparaiso, Ind., pleaded not guilty to five counts of attempted first-degree murder and one count of commission of a felony while armed. A conspiracy charge will be handled separately.

Wilson, a Canadian citizen, is a member of the Dago Chapter of the Hells Angels in San Diego. Midmore, who has dual citizenship in Canada and Australia, is a prospect of the Haney Chapter of the Hells Angels in British Columbia, Canada.

The five Outlaws shot and wounded are Thomas Haas, 50; Allen Matthews, 59; Danny Neace, 61; Claudia Wables, 20; and Susan Evans-Martin, 35. Crystal Schuster, 29, suffered injuries unrelated to a gunshot. Their addresses are not listed.

The Aug. 8, 2006, shooting was at Legion Lake Resort in Custer State Park, where the Outlaws gathered for the Sturgis motorcycle rally 70 miles north.

The Outlaws were stopped along the road for a traffic violation when Wilson and Midmore drove past in a white Ford F-350 pickup, according to the indictment.

They pulled into a parking lot and when the Outlaws arrived, Wilson got out and started shooting at them with a .40-caliber Smith & Wesson handgun, the indictment states.

Matthews and Neace were hit multiple times. Haas, Wables and Evans-Martin were shot once.

Wilson and Midmore took off, threw the gun out the window, abandoned the pickup and hid guns, ammunition and personal belongings, the indictment says.

They were arrested that evening after telling an off-duty park ranger their pickup had broken down and they needed a ride.

Spent shell casings, bullets, bullet fragments and the handgun were found near the scene, according to a court document.

The abandoned truck was found on a logging road with guns, ammunition and an empty .40-caliber magazine on the floorboard. Nearby, concealed in a hollowed-out log, were more weapons and bullets, a hand grenade and a Hells Angels T-shirt, it states.

That shows "a path of flight" not consistent with self-defense, prosecutor Michael Moore said at an August hearing.

An Outlaws member who was not wounded said he returned fire at the man who shot at his group.

Defense lawyer David Kenner said that rival probably began the fracas.

"Nathan Frasier is the person who likely started this whole scenario by pulling the gun," Kenner said.

In a separate federal lawsuit, Wilson and Midmore sued 19 federal agencies and officials on grounds they're withholding information supporting self-defense.

That lawsuit states that as Wilson and Midmore tried to leave the resort, several Outlaws members attacked them, so they fled to save their lives.

They felt in danger because of information law officers told them stemming from past conflicts and the fact that all Outlaws members were required to attend the 2006 Sturgis rally, according to the document.

Government surveillance and information from informants inside both organizations predicted the Outlaws planned attacks on Hells Angels at Cody, Wyo., and Sturgis in 2006, defense lawyers wrote.

Defense attorneys also argue that the indictments of other Outlaws, including some who were at Custer, prove the organization was carrying out attacks on Hells Angels.

One federal case in Michigan charges Neace, one of the Custer victims, and five other Outlaws with targeting Hells Angels.

Months before the Custer shootout, Neace and the other defendants conspired to "commit an assault with a dangerous weapon against various members of the Hells Angels Motorcycle Club," according to the Detroit indictment. And around April 1, 2006, the Outlaws used a cane, hammer and motorcycle parts to assault Hells Angels members, it states.

That case is scheduled to go to trial Nov. 24.

The South Dakota trial for Wilson and Midmore was delayed several times, including for an appeal to the Supreme Court over hearings held without prosecutors, which led to the appointment of retired Judge Gene Paul Kean.

He moved the trial from Custer to Sioux Falls over concerns of pretrial publicity and because the courthouse is larger, more secure and is in a bigger city to fly in and lodge witnesses.

Neace and the four other victims are among hundreds of names prosecutors and defense lawyers list as potential witnesses, including numerous law enforcement officers and various experts.

The defense also wants to call Dr. Michael Baden, chief forensic pathologist for the New York State Police and star of HBO's documentary "Autopsy."

Jury selection should last two or three days and the trial is expected to take three to four weeks.

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

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