Our Long Beach assault criminal defense lawyers have been watching news trickle in about sentencing for two biker groups involved in a 2008 bar fight. In that incident, the Set Free Soldiers fought with Hell's Angels at Blackies by the Sea in Newport Beach. The Set Free Soldiers describes itself as a Christian ministry on motorcycles, but law enforcement says they are outlaws. The fight itself left two people with stab wounds and a third injured from a blow from a billiard bar, and also triggered raids of bikers' homes a week later by various Orange County police agencies. Now, the Orange County Register reports, Set Free Soldiers leader Phillip Aguilar has pleaded guilty to a misdemeanor count related to the incident, possession of ammunition by a prohibited person.
Aguilar was already a convicted felon before the fight broke out, though the newspaper doesn't note what felonies or when they occurred. He was arrested in the raids along with six other Set Free Soldiers on suspicion of conspiracy to commit murder; authorities believed the group planned the fight. Ultimately, only one member was charged with attempted murder. Altogether, six Set Free Soldiers and two Hell's Angels faced charges, mainly for weapons possession, gang involvement and assault. Aguilar was originally charged with three felonies: possession of a firearm by a convicted felon, possession of brass knuckles and street terrorism. It wasn't clear why prosecutors chose to offer the plea bargain for the much less serious misdemeanor charge instead.
As Anaheim Hills assault criminal defense attorneys, we suspect Aguilar got a good plea deal because the prosecutor's office realized it didn't have much of a case. Furthermore, sloppy police work has been an issue in at least one other prosecution related to the police raids on the bikers' homes. As we wrote back in March, firearms and drug possession charges against Hell's Angel Brian David Heslington were dropped after a judge found that the search warrant for the home was supported by "false or reckless testimony." That is, law enforcement bent the rules to obtain evidence in his case. We have no reason to think this is true for every search, but it wouldn't be unusual for the problems to extend beyond the one case. This could be particularly true if the search of the homes was based on prejudice against bikers rather than solid evidence of conspiracy to commit murder -- a crime with which only one participant was ultimately charged.
Howard Law, P.C. is not afraid to take on the defense of serious and violent crimes like assault, battery and attempted murder. Particularly in cases related to gangs or "street terrorism," law enforcement officers sometimes make decisions based on assumptions or prejudices. This can lead to charges with little or no evidence to support them, including "status" charges like illegal weapon possession or charges related to gang membership. Our Costa Mesa assault criminal defense lawyers defend these aggressively. In some cases, this is as simple as requiring prosecutors to prove the charges beyond a reasonable doubt, which they cannot always do. In other cases, misconduct in a search or with a suspect in custody can result in throwing out all of the evidence because it's tainted. We start each case by looking for these and other issues that could substantially weaken the prosecution's case.
If you're charged with assault, battery or another violent crime, don't wait before you call Howard Law, P.C. for help. To set up a free, confidential consultation, please contact us online or call toll-free at 1-800-872-5925.
