Pagans MC: Another member sues city officials

Pittsburgh, PA (November 26, 2018) BTN — A second member of the Pagans motorcycle club involved in a brawl with Pittsburgh police at a South Side bar last month that is under review by the U.S. attorney's office has sued the officers, the city and the sheriff.

Erik Heitzenrater, 28, of Hampton, names detectives Brian Burgunder, David Honick, David Lincoln and Brian Martin along with the city of Pittsburgh and Allegheny County Sheriff William Mullen.

The federal suit is the second filed in regard to fight at Kopy's Bar between cops and the Pagans.

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Frank DeLuca, a Pagan from Greenfield seen on video being repeatedly beaten, sued last week on claims that his civil rights were violated. Mr. Heitzenrater's suit raises similar allegations, saying the police officers were drunk and initiated the fight with the bikers.

Like Mr. DeLuca, he also claims false arrest and imprisonment, saying police lied in a complaint against him and his friends. He also says the sheriff's office improperly revoked his license to carry a gun after the incident. Mr. Heitzenrater's suit says the police had been drinking heavily in the bar on Oct. 11, starting at 7:30 p.m. The complaint, filed by attorney Martin Dietz, says Detective Honick had at least 13 drinks; Detective Burgunder had 19; Detective Martin had 14 and Detective Lincoln had seven.

Mr. Heitzenrater said Mr. DeLuca and another Pagan, Michael Zokaites, first entered the bar at 11:41 p.m. and ordered drinks. The suit said Detective Honick, who was seated at the bar near the door with the other police, noticed their Pagans jackets and "appeared to have some sort of fascination with DeLuca and Zokaites."

The bikers went to the back room to play pool.

Mr. Heitzenrater came into the bar next. He said Detective Honick noticed his jacket and turned to the other officers to say something. Two other Pagans also came in and ordered drinks. Detective Honick shook their hands and talked to them briefly, according to the complaint. Another Pagan, Bruce Thomas, then came in and stood next to his friends, after which they all went to play pool.

At 12:21 a.m. on Oct. 12, the complaint says, Detective Honick grabbed the bartender by the back of his head and said he and the others were police officers and there was going to be trouble with the Pagans. He told the bartender that the Pagans were staring and pointing at the officers, but the complaint says the bartender said he didn't see any such behavior.

Detective Martin went to the pool room and talked to some of Mr. Heitzenrater's friends, then walked back to the police and raised his arms as if showing off his strength. Detective Martin and several other officers briefly returned to the pool area to talk to the Pagans some more, then went back to the bar.

At 12:31, two of the Pagans left the bar and waved to the officers, at least one of whom waved back, the complaint says.

A few minutes later Mr. DeLuca and Mr. Zokaites walked outside so that Mr. DeLuca could talk on his cell phone. When they came back into the bar, according to the complaint, Detective Honick turned towards them and stared at them.

At 12:36 a.m., tension mounted when Detective Honick lifted his shirt to show a gun his waistband, the complaint says. Nearby, Detective Burgunder also placed a gun in his waistband after receiving a clip from Detective Lincoln.

The complaint says Detective Lincoln, meanwhile, tried to calm Detective Honick, and shook Mr. DeLuca's hand. Mr. DeLuca also shook Detective Honick's hand, but the detective began arguing with the biker while handling the gun, according to the complaint.

The situation then escalated, with Detective Martin now yelling at the bikers as well. At 12:40, Mr. DeLuca pushed Detective Honick, and a melee erupted. Uniformed officers who had arrived a few moment earlier tried to pull Detective Honick away but didn't obey them and attacked Mr. DeLuca, the complaint alleges.

Mr. Zokaites tried to help his friend but was struck with a Taser and fell to the ground, where according to the complaint Detective Martin began punching him. Detective Martin also threw Mr. Thomas into some bar stools as the fighting progressed.

Mr. Heitzenrater said that Detective Honick approached him during the brawl and raised his fist as if to hit him, but Mr. Heitzenrater said he put his hands up to show he had a splint on his left hand and didn't want to fight.

At that point, according to the complaint, Detective Honick turned away to punch Mr. DeLuca. But Detective Martin then swore at Mr. Heitzenrater and punched him twice in the head, knocking him down. As he lay on the ground, he said Detective Martin taunted him and claiming that Mr. Heitzenrater had grabbed him.

Video of the incident shows no grab, according to the complaint.

After the fight, Mr. Heitzenrater and his friends were arrested on assault charges and jailed. The Allegheny County district attorney's later dropped those charges.

The FBI and U.S. attorney's office are examining the case for possible civil rights violations against the police.

SOURCE: Pittsburgh Post-Gazette

Bandidos MC: Ex member testifies against club

Houston, TX (November 26, 2018) BTN — A high-ranking member of the Bandidos motorcycle club turned government witness was rewarded Monday with a relatively light sentence by a Houston federal court. William Gerald “Big G” Ojemann, of Houston, was handed a two-year prison sentence for drug possession after dishing on the inner workings of the Bandidos Motorcycle Club and the bosses behind it.

Police displaying confiscated Bandidos MC Club property 

During a lengthy racketeering trial earlier this year in San Antonio, Ojemann testified that he and other club members carried out orders from former Bandidos President Jeffrey Fay Pike and his second-in-command, John Xavier Portillo. Those orders, according to Ojemann, included violent assaults and intimidation of rivals and fellow Bandidos.

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Ojemann testified in April that Pike tasked him and another national member with finding and beating the Costa Rica chapter leader for not supporting his bid to cast off the Europe and Australia groups. The attack never happened because John “Galveston John” Lammins, president of a chapter in Costa Rica, was tipped off and was a no-show, he testified.

During Ojemann’s five years as a Bandidos club member, from 2008 until 2013, he rose to the rank of national sergeant-at-arms. He testified that Pike eventually gave him the boot but allowed him to remain in “good standing.”

A majority of the documents detailing Ojemann’s sentencing were sealed last week. Court records filed Monday show federal Judge Vanessa D. Gilmore signed off on dismissing two more counts of drug possession and a single count of firearm possession for a drug trafficking crime against Ojemann. It was then recommended that Ojemann be incarcerated at the Bastrop prison or another federal facility close to Houston.

As part of his punishment, Ojemann is required to undergo a mental health treatment program.

SOURCE: Houston Chronicle

Hells Angels colors not cool with Salvation Army

Valparaiso, IN  (November 25, 2018) BTN —  Controversial “Aryan” patches worn by bell-ringing volunteers in Valparaiso do not match Salvation Army values, officials from the charity said Sunday.

Two days after images of bell ringers sporting controversial patches on leather jackets outside the Valparaiso Walmart went viral on social media, the Salvation Army released a statement on the matter.

Hells Angels members volunteering outside a Valparaiso, Indiana Walmart

Lt. Christopher Nicolai, of The Salvation Army of Porter County, said in a written statement Sunday that the bell ringers in question, members of a local Hells Angels motorcycle club, violated the charitable organization's dress code and would not be allowed to do bell ringing in the future.

"Our commitment to nondiscrimination includes a dress code for bell ringers, requiring that they wear red Salvation Army aprons, and making it clear that no "symbol, marking or lettering that is viewed as discrimination" may be worn, Nicolai said in the statement. "Clearly, the bell ringers in question did not comply with this dress code. They will not be allowed to volunteer in the future. We are embarrassed that we were unable to prevent this incident, and apologize to all who were offended, as were we."

Images shared on Facebook and with The Times show men with leather jackets, one with a patch reading "Aryan" and another with a Confederate flag patch ringing the bell Friday for the Salvation Army.

The bell ringers in question were confirmed to be members of the Hells Angels Northwest Indiana Region Motorcycle Club.

They confirmed through a Facebook post Sunday that the Salvation Army had canceled another bell-ringing event the club had scheduled.

"Due to all the negative comments about our holiday charity work. The Salvation Army was forced to cancel our upcoming bell ringing date in December. We hope all that responded negatively, will donate their time ringing the bell for the Salvation Army," the post stated.

On Friday, the motorcycle club responded to the criticism and attempted to explain the controversial patches.

"Our worldwide multinational, multiracial motorcycle club excepts motorcyclists from all walks of life," a representative for the motorcycle club said.

The representative said some members may wear "heritage-based" patches, such as Latinos wearing "LATINO," Japanese wearing "BUSHIDO" and whites wearing "ARYAN." He also said most members do not sport these types of patches.

"That's not what our clubs is about," the representative said. "However like all Americans, we love exercising our freedom. Sometimes freedom means you see and hear things you may not like. We accept that. The focus of today has nothing to do with freedom though. It has to do with charity and sacrificing for you community.

"I'd suggest to those making negative comments that maybe a little less time should be spent exercising your freedom of speech and a little more be spent to making a positive difference in our society."

The Hells Angels Northwest Indiana Region advertised their plans to bell ring on their Facebook page Friday morning. The post, including a graphic depicting the well-known red Salvation Army bucket and logos, shared that Hells Angels members would be collecting donations from 10 a.m. to 2 p.m. Friday at the Valparaiso Walmart.

On Saturday, the Hells Angels posted again — this time including their own photos of members dressed in vests with patches and Santa hats next to the Salvation Army's "Doing the Most Good" sign and buckets. One appeared to be sporting the "Aryan" patch that attracted attention in the original Facebook post that went viral.

"Thank you Valparaiso for showing your support for our less fortunate neighbors," the Hells Angels NWI Region Facebook post read. "You helped us fill 6 buckets fulla cash! Big thanks to the Salvation Army for the opportunity to help our community."

The original Facebook post was shared more than 10,000 times before being taken down.

The woman who made the original post on Facebook said the photos were taken by her mother.

The poster, whose name is being withheld, said her mother notified a Walmart manager about the men and their vests. The manager asked the men to remove the vests, and they refused.

The poster said she received several threats regarding her post.

“People thought I was going after the Hells Angels," the poster told The Times. "No, the Hells Angels does a lot of good and commendable things. … I have friends that are bikers, and I love them dearly. It’s not that I have anything against bikers.”

SOURCE: Northwest Times

Bandidos MC Members stopped by roadblocks

Melbourne, AU  (November 23, 2018) BTN —  Bandidos motorcycle club members from across the country have converged on Melbourne for the club's national run. A club insider said up to 500 bikes will roar through the city as part of the annual run, which left Bendigo on Friday morning for an all weekend party in Melbourne's south-east.

 Bandidos MC members set off to Melbourne

One associate described the run as the club's very own Christmas party. "This is what we do. It's the brotherhood," he said. The run, which involves the club's major figureheads including president Jason Addison, is being closely monitored by police.

"[We] will take swift action to detect and disrupt any outlaw motorcycle gang (OMCGs) members who commit crimes, road safety or public order offences," a Victoria police spokeswoman said.

Bandidos MC members leaving a service station on the Calder Freeway on Friday

"We are always gathering intelligence with regards to the activities of persons engaged in criminal activity, including those persons who may also be associated with OMCGs. "Our monitoring of OMCGs permits us to respond in an appropriate fashion if and when any risk of violence is anticipated.

Police in Highett checking hundreds of Bandidos bikies who have arrived in Melbourne for their AGM this weekend. pic.twitter.com/9H3UYD2jVC

— Paul Dowsley (@pauldowsley7) November 23, 2018

The club, which was formed in the US, established itself in Australia in 1983 after a group split from another club, the Comancheros. That split lead to the notorious Milperra massacre, where the two clubs clashed in a shootout that left seven people dead, including a 14-year-old girl, the Bandidos' vice-president, the Comancheros' vice-president and serjeant-at-arms.

While a Bandidos associate said the wider community has a misconception that the club is made up of criminals, authorities say they are a well-organised gang that causes harm across the country.

SOURCE: The Age

Throwbacks Continued: Chopper Motorcycle

Open primary chopped Harley-Davidson Motorcycle, Bates headlight and girder front end  

Feds attempt to seize Mongols MC trademarked logo

Los Angeles, CA  (November 21, 2018) BTN —  For many years, federal law enforcement authorities have been trying to take down the Mongols, a motorcycle club they consider one of the most dangerous criminal enterprises in the country.

They have infiltrated it with undercover agents. They have hammered members with charges ranging from drug dealing to money laundering to murder. They have conducted mass arrests that resulted in dozens of guilty pleas, including one by a past president.

 Related | Mongols MC: Feds going after clubs colors at racketeering trial  

But after a decade of trying, they have failed to deliver what they view as the coup de grâce: seizing control of the Mongols’ trademarked logo, a drawing of a brawny Genghis Khan-like figure sporting a queue and sunglasses, riding a chopper while brandishing a sword.

Federal prosecutors want to seize the rights to the logo of the Mongols Motorcycle Club

Now, in a racketeering trial underway in Orange County, Calif., federal prosecutors believe they have their best chance yet to take the Mongols’ intellectual property, using a novel approach to asset forfeiture law, which allows the seizure of goods used in the commission of crimes.

Prosecutors argue that taking the logo will deprive the group of its “unifying symbol” — the banner under which prosecutors say the group marauds.

If federal prosecutors have their way, one of them boasted at an earlier point in the court battle, the police could stop any Mongol and “literally take the jacket right off his back.”

But legal experts question the prosecutors’ grasp of intellectual property law. “Trademark rights are not tangible personal property like a jacket. They are intangible rights,” said Evan Gourvitz, an intellectual property lawyer with the law firm Ropes & Gray in New York. “But prosecutors are treating a trademark like a jacket.”

The Mongols are equally mystified. The logo — also called a patch — is emblazoned on the vests, T-shirts and motorcycles of hundreds of members. “Lots of brothers have tattoos of the marks on their necks and heads and everywhere,” David Santillan, the national president of the club, said. “How do you regulate that?”

For bikers, the patch is key to belonging and the optics of appearing tough, and members can spend months or even years proving themselves before they earn the right to wear it.

“The patch is like the American flag to these guys and speaks to the identity of the club, the individual and the culture,” said William Dulaney, a retired associate professor who is an expert on motorcycle groups. “Some clubs have the rule that if the colors even touch the ground, they have to be destroyed.”

Mongols MC trial in California 

The Mongols’ marks, like those of other biker groups, are registered with the United States Patent and Trademark Office. Clubs have aggressively protected their patches from unauthorized use.

The Hells Angels have gone after large corporations including Toys “R” Us, the Alexander McQueen fashion line, Amazon, Saks, and Walt Disney, accusing them of infringement on its death’s head logo — a skull in a winged helmet — and other club symbols. They have usually been successful, reaching settlements that require defendants to cease using the trademarks and to recall and destroy merchandise, among other concessions.

The Mongols have had their share of run-ins with the law. The group was founded in Montebello, Calif., in 1969 and has about 1,000 members in the United States, most of whom are Hispanic. About half of the club’s membership is in California, though Mr. Santillan said 11 new chapters were recently established in Texas.

In 2012 Christopher Ablett, a suspected member of the Modesto, Calif., chapter, was sentenced to life in prison for the 2008 murder of the president of the San Francisco chapter of the Hells Angels, Mark Guardado. In 2014 David Martinez, a Mongols member in San Gabriel, Calif., was charged with murder in the shooting death of a Pomona police officer.

Five months ago, 21 members and associates of the Mongols chapter in Clarksville, Tenn., were charged with a host of crimes including racketeering conspiracy, murder, kidnapping and robbery. The Mongols say that they are not a criminal operation and that such crimes were largely the work of rogue members who are no longer in the organization. They further contend that some violent acts were committed in self-defense or in defense of others. Mongols, they say, are simply part of a brotherhood who are exercising their constitutional rights by wearing the patch.

“This is a case of guilt by association, an attempt to put the liability on all members,” said Joseph A. Yanny, the Mongols’ lead lawyer. “This is one of the most absurd cases I have seen the government pursue.”

But prosecutors argue that the patch is the flag under which Mongols carry out unlawful acts and intimidate the public.

“The government will show that the marks served as unifying symbols of an enterprise dedicated to intimidating and terrorizing everyone who is not a member,” they wrote in a court filing, “and assaulting and killing those who have sworn their loyalty to other outlaw motorcycle gangs.” A spokesman for the United States attorney’s office for the Central District of California said he could not comment on the case.

The quest to gain control of the Mongols’ colors began in 2008, when the tactic was suggested by members of the prosecution team at the United States attorney’s office, said Thomas P. O’Brien, who led the office at the time. “We were looking for a way to have real impact and we knew this was going to be a test case,” he said.

David Santillan, Mongols’ National President  CreditJenna Schoenefeld for The New York Times

The pursuit of the patch was part of a criminal indictment against 79 Mongols that ultimately resulted in 77 guilty pleas. Over the years, the trademark part of the case has been punctuated by conflicting interpretations of intellectual property law, judges overruling their own orders and confusion over who even owns the rights to the logo.

“Justice is often a long and bumpy road and this case has been particularly long and bumpy,” Mr. O’Brien acknowledged. During an early stretch of the case, Judge Florence-Marie Cooper of Federal District Court in Los Angeles granted a sweeping order that authorized the seizure of  “products, clothing, vehicles, motorcycles, books, posters, merchandise, stationery, or other materials bearing the Mongols trademark” from members, their relatives and any associates.

In response, some members defiantly flaunted the marks while others wore alternative Mongols logos. After further litigation, Judge Cooper would then rule that the Mongols’ marks were not subject to confiscation. In 2009, Ramon Rivera, a Mongols member who had not been charged with a crime, filed a lawsuit with the help of the American Civil Liberties Union.

Mr. Rivera argued that his First Amendment and due process rights had been violated by the order, and asked that law enforcement authorities be blocked from confiscating his property. He ultimately prevailed and was awarded $252,466 in lawyers’ fees. In 2010, another federal judge, Otis Wright, preliminarily forfeited the logo to the government after the lead defendant and former club president, Ruben Cavazos, reached a plea deal with prosecutors.

But the Mongols argued that the club, not Mr. Cavazos, owned the rights to the images. Judge Wright sided with the Mongols, “regrettably” concluding that the marks were not forfeitable since they belonged to the organization.

In a somewhat similar case in Michigan, prosecutors withdrew their bid for the Devils Diciples trademark after six members were convicted at trial for firearms offenses, drug trafficking, illegal gambling and other crimes. The individual who owned the trademark, prosecutors had discovered, was not among the defendants.

In a 2016 letter to one of the prosecutors, Fritz Clapp, a lawyer for the Diciples, said that if the government gained ownership of the trademark, it would face a quandary because owners must periodically demonstrate that the mark is still in active use for the purpose registered.

“Unless the government were to use the collective membership mark to operate a motorcycle club, then it could not satisfy the requirement,” Mr. Clapp wrote. “Trademarks, unlike copyrights and patents, have no enduring value apart from their use.”

But in Los Angeles, prosecutors did not give up. In 2013, they came back with a new indictment, this time against Mongol Nation, for many of the same racketeering offenses as were in the 2008 indictments, plus some newer ones. Again, they asked for the forfeiture of the trademarks. The trial is expected to continue for several more weeks.

The Mongols are watching closely, saying they know theirs is a test case. “They take our patch,” Mr. Santillan, the president, said. “And then they take all the clubs’ patches.”

By Serge F. Kovaleski

SOURCE: The New York Times

Pagan MC member files lawsuit against City and Police

Pittsburgh, PA  (November 21, 2018) BTN —  A member of the Pagans motorcycle club who was injured in a bar fight with undercover Pittsburgh police officers last month has sued the city and the officers on excessive force and false imprisonment grounds.

Photo: Frank DeLuca after drunk cops beat him in Kopy's Bar

Frank DeLuca, 38, and his lawyer, James DePasquale, say in their federal complaint that the officers were drunk and aggressive in provoking the brawl at Kopy’s Bar on the South Side on Oct. 12. Mr. DeLuca, of Greenfield, is the man seen being punched repeatedly in the head in a video of the incident.

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In the suit, he says he suffered head and face trauma and a dislocated elbow, among other injuries.

The suit names detectives Brian Burgunder, David Honick and David Lincoln as well as the city of Pittsburgh and claims they violated his civil rights by beating him and then accusing him of assault. Police had charged Mr. DeLuca and three other Pagans after the fight but the Allegheny County district attorney’s office dropped the charges. The U.S. attorney’s office and the FBI are examining the case for potential civil rights violations against the officers.

Mr. DeLuca said in the suit that the three plainclothes officers plus a fourth, Brian Martin, who is not a defendant, came into the bar at 7:30 p.m. and drank “copiously” all night. By 11:30, they were all drunk, the suit says. Mr. DeLuca and five friends came in at 11:41 and went to the rear to play pool. He said the officers became “fixated and agitated” towards him and his companions. He said Detective Honick was especially drunk. Mr. DeLuca said he didn’t know the men were policemen and thought they were what they “appeared” to be: “Four drunks in a saloon who were becoming obnoxious in demeanor for no reason other than their visible intoxication.”

The suit says the officers began to point at the men and told the bartender they shouldn’t be allowed in the bar. The officers told the bartender they were on-duty police officers and that the situation with the Pagans was “dangerous,” but they didn’t tell Mr. DeLuca or his friends they were officers, according to the suit.

Mr. DeLuca said two of his friends left, but the situation escalated when the officers positioned themselves between the men and the exit.

The suit says the officers began to “intimidate” the bikers, with Detective Honick repeatedly showing a gun in his waistband and gripping the handle. At 12:40 a.m., Mr. DeLuca pushed Detective Honick because of the “intimidation” he felt and the fact that the officers were blocking the exit, the suit says. The brawl then erupted, which the suit labels a “police riot.”

Mr. DeLuca said Detective Burgunder held him by his hair and arms while Detectives Honick and Lincoln punched him and a uniformed officer who came to assist sprayed him with pepper spray. After the fight, he said, he and his friends were arrested on assault charges and jailed. Mr. DeLuca is seeking compensatory damages for his injuries, punitive damages against the officers and other costs.

A spokesperson for both the city of Pittsburgh and Pittsburgh police declined a request for comment.

SOURCE: Pittsburgh Post Gazette

Hells Angels MC member targeted for murder

Surrey, B.C. (November 20, 2018) BTN —  A man described by homicide investigators as a member of the Hells Angels has been identified as the victim of a suspected targeted slaying in Metro Vancouver.

Cpl. Frank Jang of the Integrated Homicide Investigation Team says the body of 43-year-old Chad Wilson was found Sunday morning in Maple Ridge, where he was living.

Jang says Wilson was a member of the Hells Angels and describes the killing of a member of the biker-club as “unsettling news.”

 Related | Hells Angel MC member found dead under bridge

 Related | BREAKING: Hells Angels MC on scene after bodyfound under bridge 

He says detectives will be working with gang enforcement experts to avoid any retaliation.

Wilson had a previous criminal conviction in the United States stemming from a shooting in South Dakota in 2006 that injured five affiliate members of a rival motorcycle club and Jang says officers are looking into his past.

Police are also appealing to Wilson’s friends in the Hells Angels to come forward.

Jang said Tuesday that members of the Hells Angels may have “intimate knowledge” of what happened and he urged them to speak to officers, regardless of their current involvement in criminal activity.

“We will go to wherever you are, we will sit down and speak with you and we will treat you with the utmost respect. We want to solve your friend’s — your associate’s — murder as much as you do,” Jang told a news conference in Surrey.

The cause of Wilson’s death has not been released but Jang says the homicide team is working with Ridge Meadows RCMP, forensic specialists, the BC Coroners Service and gang enforcement units from across Metro Vancouver.

Wilson’s body was found near the banks of the Fraser River under the Golden Ears Bridge.

In November 2008, Wilson and a co-accused were acquitted by a jury in South Dakota of attempted murder for a 2006 gunfight that injured members of the Outlaws Motorcycle Club.

Five people were hurt in an exchange of gunfire. Wilson told his trial that he fired in self-defence after the Outlaws started shooting.

Following his acquittal, Wilson was subsequently convicted by the same South Dakota court of being a non-immigrant alien in possession of a firearm and sentenced to four years in prison.

SOURCE: The Province