Hells Angels leader in S.F. shot dead in fight

Editors note: this site is not affiliated with, nor do we support any one particular MC.  We do support each individuals right to live the lifestyle they choose as long as it does not infringe upon the rights of others.  As to when your actions infringes on the rights of others is a long standing argument among many.  We try to report on all aspects of Biker lifestyle that may be interest to those who find the fluff rags a bit boring and make no apology for it. O,K, we straight?.

(09-03) 18:03 PDT SAN FRANCISCO -- The president of the San Francisco chapter of the Hells Angels Motorcycle Club was shot and killed Tuesday night on a Mission District street, police said Wednesday.Mark "Papa" Guardado, 45, was shot at 10:30 p.m. Tuesday near 24th Street and Treat Avenue, about a mile from the group's clubhouse where he lived. He died at San Francisco General Hospital.

Witnesses told investigators that Guardado and the gunman struggled before the shooting.

"They had a wrestling match first," said Lt. Mike Stasko of the San Francisco police homicide detail. Then "the guy shot him, and he got on his motorcycle and left."

Police have made no arrests, but said one avenue they are exploring was that Guardado was fighting with a rival in another motorcycle group. "We're looking at all the options," Stasko said.

An attorney who was defending Guardado in a battery case in Sonoma County said that he was "absolutely devastated" by the killing and that "Mark was a wonderful human being."

"His friends loved him," said the attorney, Patrick Ciocca. "He really was an all-around good guy. There are hundreds, if not thousands, of people who are going to miss him dearly."

Members of the Hells Angels at the group's clubhouse on Tennessee Street in the Dogpatch neighborhood of San Francisco declined to talk about the killing.

At the street corner where Guardado was shot, across from a bar and a nail salon, there was a makeshift memorial where someone had written in large, black letters, "RIP Papa Frisco."

Nearby, others wrote "never forget" and "we will always love you." Five burned-out candles lay nearby.

Ciocca was unable to say how long Guardado had headed the local chapter. But he stressed that the Hells Angels had been unfairly harassed over the years by authorities who have raided the clubhouse in search of evidence that the group is a criminal enterprise.

"It's outlandish," Ciocca said.

The group's San Francisco chapter - or "Frisco," as its members call it - is the second-oldest Hells Angels club in the country, after Fontana in San Bernardino County. In 2004, it celebrated its 50th anniversary with a party that attracted about a thousand bikers from around the world.

The Hells Angels have long feuded with another motorcycle group, the Mongols. In 2002, a brawl between dozens of members of the two groups in a Laughlin, Nev., casino resulted in the deaths of three bikers and 13 injuries.

Guardado had an assault conviction in Massachusetts and served prison time there in the 1990s, but had no significant criminal record in California. When he died, however, he was facing charges in Sonoma County stemming from a beating outside a bar in Petaluma earlier this year.

Police said the incident happened Feb. 10 at McNear's Saloon & Dining House. Guardado bumped a bar patron, who was not a member of a motorcycle gang. The patron fled the bar, authorities said.

Once outside, the victim was surrounded, beaten and kicked by several other alleged members of the Hells Angels, prosecutors said.

Guardado started the attack for no reason, said Sgt. Jim Stephenson of the Petaluma police street crimes unit.

"We can't determine any motive - it was just what they do," Stephenson said. "It's just intimidation."

Guardado was charged with battery in furtherance of a street gang. Jonathan Nelson, 31, vice president of the Sonoma County chapter of the Hells Angels, was charged with felony battery in the incident.

S.F. clubhouse raid

In July, federal and local authorities raided the Hells Angels' clubhouse in San Francisco, and Guardado was arrested on suspicion of possessing illegal mushrooms.

Ciocca said authorities had been looking for evidence to support the premise that the Hells Angels was a criminal organization. They seized documents and some posters, but nothing that backed their suspicions, he said.

"They found nothing, at all, to further the idea that they were a criminal street gang," Ciocca said. "They were turning it into the crime of the century - it's ridiculous."

Attorneys for Guardado and Nelson had filed a joint motion in the Sonoma County case in which they asserted that the Hells Angels organization was not a street gang. They were challenging a court ruling that barred the defendants from wearing Hells Angels attire to court hearings.

A judge ultimately barred the defendants and onlookers from wearing any Hells Angels jackets or clothing in court, but did not rule on the issue of whether the organization constituted a street gang.

'Extremely dangerous'

Guardado "was an extremely dangerous gang member," said Victoria Shanahan, the Sonoma County prosecutor in the Petaluma case. "I find it interesting the fact that they were arguing they are not gang members, but this appears to be a gang-motivated killing."

Ciocca said that his client had a "warm heart and an outgoing personality" and that he last spoke to him two weeks before his death.

"We are disappointed that he will not have a chance to clear his name," he said.Add to Technorati Favorites

Court rules Garlic and Biker Colors don't mix

Good Lord we postted on this so long ago we totally forgot about it. Thanks to Karen at Biker Republic forbringing all up to date:

Court backs Garlic Festival in bikers' suit

Bob Egelko, Chronicle Staff Writer

Thursday, September 4, 2008

(09-03) 18:01 PDT GILROY -- The Gilroy Garlic Festival has the right to
bar insignia-wearing bikers because it is not a government-sponsored
event, even though it uses city police for security, a federal appeals
court ruled Wednesday.

In a 6-5 decision, the Ninth U.S. Circuit Court of Appeals in San
Francisco refused to reinstate a free-speech lawsuit by four members of
Watsonville's Top Hat Motorcycle Club, who were barred from entering the
festival in July 2000 because they wouldn't take off their vests.

The vests displayed the club's emblem, a skull, wings and top hat. The
festival's security chief, an off-duty police officer, told them they
were violating the event's dress code, which prohibits motorcycle club
insignia and gang colors. He summoned an on-duty police officer,
stationed on the grounds, to lead them back to the gate.

The bikers' lawsuit, which sought damages from the festival, the on-duty
officer and the city, was dismissed by lower courts on the grounds that
wearing their insignia didn't amount to a statement or expression
protected by the Constitution's First Amendment. The appeals court
majority avoided that issue Wednesday and instead concluded that the
garlic festival is a private entity that isn't subject to First
Amendment restrictions.

Lawyers for the Top Hatters argued that the festival, though privately
run, has close ties to local government. It is held in a city park, with
a city permit, pays the city to keep police on the grounds, and uses an
off-duty officer to oversee security.

But the court said the city plays only a supportive role in the festival
and has no control over its activities.

"Running festivals is not a traditional municipal function," Judge
Diarmuid O'Scannlain said in the majority opinion. If all events on
public land that require permits fell under the government's umbrella,
then weddings, company outings and the like might come under
constitutional scrutiny, he said.

Dissenting Judge Sidney Thomas said a jury should be allowed to decide
whether the city is a participant in the garlic festival - Gilroy's
largest event of the year, with 120,000 visitors and more than 4,000
community volunteers. He also said the bikers' wearing of insignia
should be considered "expressive conduct" protected by the First
Amendment.

Gregory Simonian, a lawyer for the festival, said the court was right to
be cautious about opening the door to constitutional claims by anyone
excluded from a picnic or other event on city grounds.

The main reason for the festival's dress code, he said, is "the safety
of the people who attend the festival every year, and the volunteers."

An Attorneys opinion: www.YourInjuryLawyers.com

There's a silver lining to the 9th Circuit's decision in the Tophatter's case. I haven't read the opinion itself yet, but from what the story says, the 9th Circuit decided that there was no First Amendment issue relating to the club's patches ONLY because the Garlic Festival that the bikers were barred from wasn't sufficiently connected with the City of Gilroy, although the event was held on Gilroy city property.

The lower court had held that because each biker had a somewhat different interpretation of what their patch meant to them, that they therefore weren't "expressing" any message under the First Amendment that was inhibited by government, the City of Gilroy. THAT was a dangerous decision for all of us, especially patch holders. The 9th Circuit decided the case on different grounds, reasoning that the Garlic Festival wasn't a city or government event, but was merely held on city property. I still think the court is wrong, but the GOOD news, as I read this preliminarily, is that it remains improper and actionable if government excludes a patch holder from a government function or facility, if the only reason is the patch. This tells me that the underlying law which supports that -- Cohen v. California -- is still good law.

This will be interesting if the US Supreme Court elects to take this one on, if it's appealedAdd to Technorati Favorites. 

Update on the "Iron PIgs" "Hells Angles" Sturgis shooting

And another tip from Mike at Gold Iron:

A Meade County grand jury indicted six men last week on charges related to the shooting. Arrest warrants were also issued for the men, at least three of whom are members of the Iron Pigs motorcycle club of police officers and firefighters.


They include Seattle police detective Ronald Smith, 43. He has admitted to shooting 33-year-old Joseph Patrick McGuire on Aug. 9 during a scuffle between the Iron Pigs and Hells Angels at the Sturgis bar.Smith, who has claimed he shot McGuire in self-defense, was briefly detained and questioned, then allowed to return to Washington. He was indicted on felony charges of assault and perjury.

McGuire, who was hospitalized and is reportedly recovering from his wounds, also was indicted for felony assault.

The four other accused bikers were indicted on misdemeanor charges.


As for next year's rally, (Sturgis Police Chief) Bush said he doesn't have special security measures planned. But he said he hopes the Iron Pigs decide to stay home."I hope to heck they don't come back next year," Bush said. "It would be really nice if they don't, because we're going to have Hells Angels," he said. "I guess one would think that there would be a problem if they get together again. I'd just as soon not have that."


AND:

The Seattle police detective accused of shooting a man during the Sturgis motorcycle rally will not face perjury charges in the case.

An FBI investigation has found that Ronald Smith, 43, used his own handgun, as he has claimed.
Smith has said he twice shot Hells Angels member Joseph Patrick McGuire, 33, in self defense Aug. 9 during a fight at the Loud American Roadhouse bar on Main Street in Sturgis. Both men face felony assault and other charges, and four other men face misdemeanor weapons charges in the case.
Smith's story was presented Aug. 10 to a grand jury reviewing the case. Meade County State's Attorney Jesse Sondreal said Friday that subsequent information and records, obtained from the Seattle Police Department by South Dakota officials, showed that the firearm was issued by the department and was not Smith's personal property.


That conflict resulted in the perjury indictment, issued Aug. 27, along with indictments for aggravated assault or an alternative of simple assault. Smith also was indicted for carrying a concealed weapon without a permit, or an alternative charge of failure to abide by a permit of a reciprocal state.


Since the Aug. 27 grand jury meeting, an FBI firearms trace and additional investigation by Seattle police proved that the handgun Smith used was his, lawfully purchased from the Seattle Police Athletic Association on Dec. 14, 2006, Sondreal said Friday.


Sondreal also has said that the ongoing investigation indicates that Hells Angels members started the scuffle with members of the Iron Pigs, a motorcycle club of police officers and firefighters.


Those suspected of being involved were allowed to go free. After the indictments, warrants were issued for the six, and Sondreal has said he expected all of them to voluntarily appear in court.


Charged are Smith; McGuire, of Imperial Beach, Calif.; Scott Lazalde, 38, Bellingham, Wash.; Dennis McCoy, 58, Seattle; Erik Pingel, 35, Aurora, Colo.; and James Rector, 44, Ferndale, Wash.


Lazalde and Rector are with the U.S. Customs and Borders Inspection at Blaine, Wash. McCoy is a precinct patrol sergeant in Seattle. They and Smith are members of the Iron Pigs.


Pingel's occupation and motorcycle club affiliation have not been listed by authorities.

Hmmmmmm, Pingles occupation and affiliation not listed. Ah well, maybe the authorities didn't ask.Add to Technorati Favorites

So you live in Florida and want to ride a motorcycle=Good Luck

(see all the little duckies in a row) 
 

Tipped off by Mike of GoldIron:

Yepper, the price of gas combined with midlife crises or rising college tuitions and lack of money combined with the debut of the “Sons of Anarchy” have you yearning to experience the Freedom of the wind in your hair. Well theres this funny little thing about experiencing the freedom of anything.  You have to be free to experience it to begin with.
 

And if you are a new rider who has not yet “purchased” a motorcycle endorsement (I say purchase because in reality that is all going to motorcycle training school is, paying an unfair tax, “purchasing” your right to ride) you may find it tough to get one in Florida.
 

From the Herald Tribune in Florida (edited for space)
http://www.heraldtribune.com/article/20080905/ARTICLE/809050339/2055/NEWS&title=Safety_law_and_full_classes_make_new_motorcyclists_wait



The spontaneity of buying a first motorcycle and riding off toward a distant horizon is gone, now that state law requires new riders to take safety classes that are hard to come by.  The law, along with the soaring number of people buying motorcycles and scooters for fuel-efficient travel, has jammed area safety schools and those across the state.
 

Prospective bikers are paying for classes they will not be able to attend for two to three months, said Cindy Hunter, director of continuing and community education at Manatee Community College. The college offers the safety classes at its Venice and Bradenton campuses.
 

The two-month-old law requires new motorcyclists to pass a basic rider course that includes five hours of classroom instruction on safety and 10 hours of riding practice on a certified training range.
 

A side effect has been a huge backlog at schools offering the safety classes, as more people turn to motorcycles for transportation.
 

The state Department of Highway Safety and Motor Vehicles has paid to train coaches, helping to boost the number of training sites from 50 to 174, said agency spokeswoman Ann Nucatola.
 

Now this one I wonder about?  Is the state paying for the training of coaches that will be working at private for profit companies???
 

10,000 people in Sarasota, Charlotte and Manatee counties who registered a motorcycle or scooter in the past five years.


Motorcycle and moped registrations have increased 46.7 percent in the three counties since fiscal 2003.
 

Meanwhile, truck registrations have dropped 4.5 percent and passenger car registrations increased 3 percent.
 

So now, can anybody tell me what's wrong with this picture? Lets try:
 

Requiring Motorcyclist to pay for a training course and not “other vehicle” drivers is discriminatory if not stupid.
 

Requiring people to pay for a course that is not available opens the door to graft and corruption and people taking advantage of other people. But then we know that probably isn't true.  Nah, that stuff never happens, especially when government oversight is involved.  Oh, how much was that Alaskan “bridge to nowhere” ??? 


Requiring people to pay take a course that has not been proven and could in fact increase your risk of being in an crash, well thats just plain stupid.
 

But then you have the people that who go oh no that can't be true and buy the snake oil and we are left to wonder, which was worse, the cure or the disease?
 

NOTE:  You would think that M$F or the schools that use it's curriculum would challenge those of us who question the efficacy of their programs would you not?  To date we are not aware of any person questioning the efficacy of M$F curriculum being challenged.  But then why would M$F worry since the “gov'ment” guarantee's their profit?Add to Technorati Favorites