2:45 p.m. update:
A jury has been picked in the trial of a motorcycle gang member accused of shooting his rival during Street Vibrations in September 2011 and opening statements are set for 3 p.m.
Jury selection lasted about five hours with about 180 prospective jurors in the case of 53-year-old Ernesto Gonzalez.
Gonzalez is a member of the Vagos motorcycle club in Nicaragua and is charged on seven counts, including open murder of Jeffrey Pettigrew, a member of the Hells Angels, on Sept. 23, 2011 at the John Ascuaga’s Nugget in Sparks.
Fifteen jurors were selected, three to be used as backups. Eight of them were women, seven were men.
Given the defendant is a member of a high profile motorcycle gang — Vagos — and the man killed was a member of the Hells Angels, the court encountered a few prospective jurors who claimed prejudice and an inability to participate in the trial.
Female juror 150 began crying in the courtroom after she explained her ex-husband had a previous encounter with the Vagos. She did not explain that encounter.
“I know I can tell from your eyes that you are very upset, so we can excuse you,” Judge Connie Steinheimer said.
Female juror 96 said “I’m concerned about the entourage that might be coming (in to the court during the trial)” and that “I’ve always held an opinion that motorcycle gangs are negative, not positive.”
Washoe County Sheriff's Office has enhanced security for the trial.
However, most of the prospective jurors said they could objectively judge the case.
The prosecution, led by Chief Deputy District Attorney Karl Hall, asked questions concerning the prospective juror’s background knowledge of motorcycle gangs, whether they felt they could objectively judge witness testimony and on their knowledge of psychology.
The defense asked questions on security levels, whether jurors felt safe, their opinion on gun control and whether they had ever attended Street Vibrations.
One prospective juror said she could not participate in the trial because she said she knew some of the officers on the possible witness list.
“How do you know them?” Steinheimer asked.
“I was arrested by them,” the juror said.
___________________
Nearly two years after the brawl at John Ascuaga’s Nugget in Sparks that killed one and injured two, Hells Angels member Cesar Villagrana stood before Washoe County District Court on Monday in what was supposed to be the first day of his trial.
“Guilty, your honor,” Villagrana said twice on two counts in a plea agreement of battery with a deadly weapon and challenge to fight.
His murder charge was dismissed. Villagrana, who was charged with firing shots and injuring two at the Sparks casino on Sept. 23, 2011, during Street Vibrations, faces up to 10 years in prison with a possible fine of $10,000 for shooting and injuring two Vagos members. His sentence date is set for Sept. 4.
Still awaiting trial is Ernesto Gonzalez, a 53-year-old Vagos member. He was scheduled to be tried as a co-defendant with Villagrana. Both were accused of conspiring to fight. Jury selection in his trial started after Villagrana’s plea Monday.
“I think he wants most people to know about how sad he is at the loss of his good friend (Hells Angels San Jose Chapter President) Mr. (Jeffrey) Pettigrew,” Villagrana’s attorney David Chesnoff said Monday. “That was his best friend, and Mr. Villagrana just wants to have closure.”
About 180 people were brought into the court for jury selection. The jury will be anonymous because of intimidation and retaliation concerns, Washoe District Judge Connie Steinheimer has ruled.
The prospective jurors submitted a two-page questionnaire Monday, which included questions agreed upon by both the prosecution and the defense. Jury selection continues today with juror interviews. Gonzalez’s trial is set to begin Wednesday, court clerk Joey Orduna Hastings said.
When asked Monday if he thinks Villagrana’s plea helped or hurt his client, Gonzalez’s attorney David Houston said he was “happy with the decision.”
“I think it focuses the emphasis more on my client on what he did or didn’t do and why he did certain things,” Houston said. “It avoids being convoluted to the extent that we have folks seated … at odds (Hells Angels versus Vagos) with one another. As a consequence, it simplifies matters to a large extent.”
Due to heightened public interest in the trial, there will be increased security presence at the courthouse for this week, the Washoe County Sheriff’s Office said Monday.
Self-defense or stalking?
Central questions for the jury are focused on the origin of the fight and whether Gonzalez was acting in self-defense or lying in wait to kill Pettigrew.
“My client declined all invitations to become involved in any sort of a hostile situation, and in fact took steps to avoid it,” Houston said. “He only involved (himself) at the last minute. ... He could do nothing and watch a friend of his die or he could react and save his life. That’s what he did. That’s what we are bringing to the table.”
Chief District Deputy Attorney Karl Hall declined comment Monday, citing ethical reasons in the ongoing case.
Gonzalez, president of the Vagos chapter in Nicaragua, is charged on seven counts, including open murder with a deadly weapon and second-degree murder.
Villagrana was at the Nugget that evening with about 15 other Hells Angels members, according to court records.
A fight nearly broke out at the Oyster Bar, and police were notified that tensions were high. A truce was met, but within an hour, rival members of each club were throwing punches and bottles and eventually firing shots.
Tensions climaxed when Vagos member Gary Rudnick, also known as “Jabbers,” approached Pettigrew because “he was mad after being disrespected at the Oyster Bar,” records say.
When Pettigrew punched Rudnick, several skirmishes began just outside Trader Dick’s Bar. Villagrana and Rudnick both drew handguns as Gonzalez moved behind Pettigrew and shot him four times in the back, killing him, records say.
Rudnick, a Vagos member, pleaded guilty to conspiracy to commit murder in March.
Hall previously said surveillance video shows Gonzalez stalking Pettigrew moments before he shot him in the back.
Houston said he is ready to dispute that claim.
“I think you can take anyone and claim that they were stalking someone simply because they were standing there, simply because they were socializing,” Houston said. “If you look at that video and draw a conclusion, I think that you are probably trying to assume something that is not there.”
Gonzalez was arrested a week after the shooting in San Francisco after police approached what they believed was a routine car burglar.
Police soon discovered a warrant for his arrest. He had reserved a plane ticket to Costa Rica but didn’t pay for it, police said.
http://www.rgj.com/article/20130723/NEWS01/307230016
A jury has been picked in the trial of a motorcycle gang member accused of shooting his rival during Street Vibrations in September 2011 and opening statements are set for 3 p.m.
Jury selection lasted about five hours with about 180 prospective jurors in the case of 53-year-old Ernesto Gonzalez.
Gonzalez is a member of the Vagos motorcycle club in Nicaragua and is charged on seven counts, including open murder of Jeffrey Pettigrew, a member of the Hells Angels, on Sept. 23, 2011 at the John Ascuaga’s Nugget in Sparks.
Fifteen jurors were selected, three to be used as backups. Eight of them were women, seven were men.
Given the defendant is a member of a high profile motorcycle gang — Vagos — and the man killed was a member of the Hells Angels, the court encountered a few prospective jurors who claimed prejudice and an inability to participate in the trial.
Female juror 150 began crying in the courtroom after she explained her ex-husband had a previous encounter with the Vagos. She did not explain that encounter.
“I know I can tell from your eyes that you are very upset, so we can excuse you,” Judge Connie Steinheimer said.
Female juror 96 said “I’m concerned about the entourage that might be coming (in to the court during the trial)” and that “I’ve always held an opinion that motorcycle gangs are negative, not positive.”
Washoe County Sheriff's Office has enhanced security for the trial.
However, most of the prospective jurors said they could objectively judge the case.
The prosecution, led by Chief Deputy District Attorney Karl Hall, asked questions concerning the prospective juror’s background knowledge of motorcycle gangs, whether they felt they could objectively judge witness testimony and on their knowledge of psychology.
The defense asked questions on security levels, whether jurors felt safe, their opinion on gun control and whether they had ever attended Street Vibrations.
One prospective juror said she could not participate in the trial because she said she knew some of the officers on the possible witness list.
“How do you know them?” Steinheimer asked.
“I was arrested by them,” the juror said.
___________________
Nearly two years after the brawl at John Ascuaga’s Nugget in Sparks that killed one and injured two, Hells Angels member Cesar Villagrana stood before Washoe County District Court on Monday in what was supposed to be the first day of his trial.
“Guilty, your honor,” Villagrana said twice on two counts in a plea agreement of battery with a deadly weapon and challenge to fight.
His murder charge was dismissed. Villagrana, who was charged with firing shots and injuring two at the Sparks casino on Sept. 23, 2011, during Street Vibrations, faces up to 10 years in prison with a possible fine of $10,000 for shooting and injuring two Vagos members. His sentence date is set for Sept. 4.
Still awaiting trial is Ernesto Gonzalez, a 53-year-old Vagos member. He was scheduled to be tried as a co-defendant with Villagrana. Both were accused of conspiring to fight. Jury selection in his trial started after Villagrana’s plea Monday.
“I think he wants most people to know about how sad he is at the loss of his good friend (Hells Angels San Jose Chapter President) Mr. (Jeffrey) Pettigrew,” Villagrana’s attorney David Chesnoff said Monday. “That was his best friend, and Mr. Villagrana just wants to have closure.”
About 180 people were brought into the court for jury selection. The jury will be anonymous because of intimidation and retaliation concerns, Washoe District Judge Connie Steinheimer has ruled.
The prospective jurors submitted a two-page questionnaire Monday, which included questions agreed upon by both the prosecution and the defense. Jury selection continues today with juror interviews. Gonzalez’s trial is set to begin Wednesday, court clerk Joey Orduna Hastings said.
When asked Monday if he thinks Villagrana’s plea helped or hurt his client, Gonzalez’s attorney David Houston said he was “happy with the decision.”
“I think it focuses the emphasis more on my client on what he did or didn’t do and why he did certain things,” Houston said. “It avoids being convoluted to the extent that we have folks seated … at odds (Hells Angels versus Vagos) with one another. As a consequence, it simplifies matters to a large extent.”
Due to heightened public interest in the trial, there will be increased security presence at the courthouse for this week, the Washoe County Sheriff’s Office said Monday.
Self-defense or stalking?
Central questions for the jury are focused on the origin of the fight and whether Gonzalez was acting in self-defense or lying in wait to kill Pettigrew.
“My client declined all invitations to become involved in any sort of a hostile situation, and in fact took steps to avoid it,” Houston said. “He only involved (himself) at the last minute. ... He could do nothing and watch a friend of his die or he could react and save his life. That’s what he did. That’s what we are bringing to the table.”
Chief District Deputy Attorney Karl Hall declined comment Monday, citing ethical reasons in the ongoing case.
Gonzalez, president of the Vagos chapter in Nicaragua, is charged on seven counts, including open murder with a deadly weapon and second-degree murder.
Villagrana was at the Nugget that evening with about 15 other Hells Angels members, according to court records.
A fight nearly broke out at the Oyster Bar, and police were notified that tensions were high. A truce was met, but within an hour, rival members of each club were throwing punches and bottles and eventually firing shots.
Tensions climaxed when Vagos member Gary Rudnick, also known as “Jabbers,” approached Pettigrew because “he was mad after being disrespected at the Oyster Bar,” records say.
When Pettigrew punched Rudnick, several skirmishes began just outside Trader Dick’s Bar. Villagrana and Rudnick both drew handguns as Gonzalez moved behind Pettigrew and shot him four times in the back, killing him, records say.
Rudnick, a Vagos member, pleaded guilty to conspiracy to commit murder in March.
Hall previously said surveillance video shows Gonzalez stalking Pettigrew moments before he shot him in the back.
Houston said he is ready to dispute that claim.
“I think you can take anyone and claim that they were stalking someone simply because they were standing there, simply because they were socializing,” Houston said. “If you look at that video and draw a conclusion, I think that you are probably trying to assume something that is not there.”
Gonzalez was arrested a week after the shooting in San Francisco after police approached what they believed was a routine car burglar.
Police soon discovered a warrant for his arrest. He had reserved a plane ticket to Costa Rica but didn’t pay for it, police said.
http://www.rgj.com/article/20130723/NEWS01/307230016