03/22/2008

By CARSON WALKER  / Associated Press

Two Hells Angels bikers charged with starting a gunfight acted in self defense because rival Outlaws Motorcycle Club members targeted them, lawyers for the men say.

Chad Wilson, 32, of Lynnwood, Wash., and John Midmore, 34, of Valparaiso, Ind., are accused of shooting at Outlaws bikers Aug. 8, 2006, at Legion Lake Resort in Custer State Park, where the Outlaws gathered for the Sturgis Motorcycle Rally 70 miles away.

According to a federal court document, an Outlaws member who was not wounded said he returned fire at the man who shot at his group.

Wilson is a member of the Dago Chapter of the Hells Angels motorcycle club in San Diego and Midmore is a prospect of the Haney Chapter of the Hells Angels in British Columbia, Canada, according to court documents.

Both men are charged with multiple counts, including conspiracy, aiding and abetting, and commission of a felony while armed. Wilson also is charged with five counts of attempted first-degree murder.

The five Outlaws who were shot are Thomas Hass, Al Mathews, Danny Neace, Claudia Wables and Susan Evans-Martin. Another woman, Crystal Schuster, suffered injuries unrelated to a gunshot. Their addresses were not included in court documents.

Wilson and Midmore are being held without bond at the county jail in Rapid City. Their trial in Custer has been delayed several times, most recently because of an appeal to the state Supreme Court.

The men's federal court filing in Rapid City for an injunction and declaratory judgment is against 19 defendants, including various federal agencies, officials and the federal government.

Lawyers want a judge to prevent the defendants from withholding information that could help their case.

State prosecutors plan to argue that an ongoing feud between the two clubs was the motive for Wilson and Midmore to fire on the Outlaws, they wrote.

"Defendants believe that the converse is true. In fact, the acrimonious relationship led to the ambush of defendants and that these actions were in self defense," Hells Angels lawyers wrote in the court document.

As Wilson and Midmore tried to leave the resort, several Outlaws members attacked them, so they fled to save their lives, the document states.

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

Government surveillance and information from informants inside both organizations predicted the Outlaws planned attacks on Hells Angels at Cody, Wyo., in July 2006 and Sturgis in August 2006, but the government agencies and officials have repeatedly refused to turn over videos, photos and other such evidence, the Hells Angels lawyers wrote.

"The Outlaws surveillance information gathered with respect to Outlaws members and affiliates planned attacks against Hells Angels is relevant and necessary to show the motivation behind the Outlaws ambush of Mr. Wilson and Mr. Midmore and to prove that the Outlaws, not Mr. Wilson and Mr. Midmore, were the aggressors in the Legion Lake incident," the document states.

Hells Angels attorneys also argue that the indictments of several other Outlaws, including some who were shot at Custer, prove the organization was carrying out attacks on Hells Angels members and that information was gathered before the Custer shooting.

"I feel very strongly that without this information we would be denied due process and a right to confront and cross-examine under the Sixth Amendment," defense lawyer David Kenner of California told The Associated Press.

The U.S. attorney for South Dakota said he couldn't comment. Michael Moore of Huron, one of the state prosecutors handling the case, said that to his knowledge, the evidence the defendants seek doesn't exist.

"If it did exist and it was in our possession, we would turn it over. There's nothing like that that exists," he said.

The trial has not yet been rescheduled since the South Dakota Supreme Court ruled last month that Circuit Judge John Delaney Sr. violated procedural rules when he considered sealed documents and had closed meetings with defense lawyers.

After that decision, Custer County State's Attorney Tracy Kelley wrote a letter to Delaney urging him to recuse himself to avoid the appearance of impropriety.

Delaney reluctantly obliged, saying he felt he had treated both sides fairly, according to a March 9 letter.

"Although I enjoy being a judge and had looked forward to the trial of this case, the relationships have unfortunately deteriorated to the point where the sniping would become the issue and not the underlying case," he wrote.

Defense lawyers objected on grounds there was no legal reason for Delaney to take himself off the case.

But Circuit Judge Jeff Davis, the presiding judge, then filed an order disqualifying all judges in the Seventh Circuit, and Supreme Court Chief Justice David Gilbertson appointed retired Circuit Judge Gene Paul Kean of Sioux Falls.

No hearing dates have since been scheduled.