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Dr. Michael Baden

Dr. Michael Baden

A wild west style gunfight involving a resident alien.  Then there was a Supreme court appeal, a HBO celebrity and the appointment of a judge pulled from retirement bliss…all to serve up justice on the Hells Angels Motorcycle Club (HAMC). 

It took over 2 years of South Dakota tax dollars, hundreds of hours of legal resources and 3 days of jury deliberations to find two HAMC members not guilty on 5 counts of attempted murder in the shooting of Outlaws Motorcycle Club members near Sturgis, SD.

custer_parkChad Wilson, formerly of Lynnwood, WA (now living in San Diego) and John Midmore of Indiana (a HAMC prospect from a British Columbia chapter) were on trial for an August 2006 shootout in Custer State Park at Legion Lake Resort.  Several Outlaws MC members were injured in the shooting melee where 12 shell casings were retrieved.  Reports during the trial indicated;

“A quick restroom stop at a resort area to smoke a marijuana joint [medical?] resulted in five people receiving injuries and Danny Neace (Outlaws MC) being paralyzed from the waist down.”

With a rock-star defense budget, even “Hollywood’ers” got into the act.  The notorious Dr. Michael Baden of HBO’s “Autopsy“, also a Fox News contributor and chief forensic pathologist for the NY State Police testified.  The judge (Gene Paul Kean) had earlier separated the conspiracy charge from the main counts so, now it’s unclear if Wilson and Midmore will stand trial for that charge. 

And the twists continue with this case — turns out that Midmore has dual citizenship (Canada and Australia) and is a resident alien.  Wilson is a Canadian citizen and in the U.S. illegally.  Sure the federal government plans to deport him, but it’s unclear if he’ll return for any conspiracy trial. If interested there is post-verdict video from Keloland and more reactions were posted by the Argus Leader. Tracey Kelley (Custer County DA) and Mike Moore (Prosecutor) are trying to put their best spin on the [“respect the jury’s decision”] loss.  Congrats to David Kenner who was the HAMC Defense Attorney.  One could debate that he helped even the score a bit after the Iron Pigs weapons charges were dropped on a different case involving a HAMC shooting.

It’s not clear if a ‘more guns, less crime’ type of thinking will breed further acceptance of motorcycle club violence or if it’s just a sign of apathy from South Dakota juror’s?  I’m doing a bit of Monday morning quarterbacking here, but human behavior is influenced by three competing instincts: to act in a socially appropriate manner, to do what feels good in the moment, and to maximize one’s resources.  I wonder if this is a classic case of “broken windows” or part of a DA strategy to prevent future occurrences?  Unlikely we’ll know, but from my e-view it looks like a waste of tax dollars.

Photos courtesy of HBO website.

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