A judge dropped several charges Thursday after more than six hours of testimony in a Washington County case involving a violent attack tied to rival motorcycle clubs.
The preliminary hearing focused on an August assault at Forty Bar and Grille, where prosecutors allege members of the War Dogs Motorcycle Club attacked a member of the Pagan Motorcycle Club. Ten defendants have been charged in connection with the case, nine War Dogs and one Pagan, who fired his gun into the air outside of the bar.
Security was heavy inside the Washington County Courthouse during the hearing. About 20 sheriff’s deputies were in the courtroom; an unusually large presence for a single case.
Prosecutors said the victim was held down, punched, kicked and beaten with bats. Surveillance video from the night of the incident was played repeatedly in court.
One bartender testified that the scene was frightening, saying she, another bartender and customers ran to hide in the basement after initially yelling for the assault to stop.
Defense attorneys argued the incident was a bar fight that began between two men and said other club members were trying to disarm the Pagan member, not join the attack. The defense also claimed the fight started after the Pagan member used a racial slur.
One defendant is accused of making a hand signal that prosecutors claim triggered the fight. Defense attorney Steven Valsamidis disputed that, saying a prosecution expert testified there is no known hand signal or “sign language” tied to the group.
“Their own expert brought in from Washington, D.C., testified there’s no known signal — no sign language for the gang,” Valsamidis said. “That signal meant ‘time to go, let’s leave,’ which my client did as soon as it got hot at that bar.”
Testimony also addressed the death of the War Dogs member, prosecutors say started the fight. Prosecutors said 33-year-old Kenneth Hayman was shot and killed in October while riding his motorcycle at an intersection outside a Wendy’s in White Oak. The criminal complaint alleges Hayman was killed by three Pagan members, which prosecutors cited as evidence of an ongoing feud between the groups.
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The case had originally been sealed, and the defendants were arrested during the early morning hours in a snowstorm last month. One defense attorney suggested the sealed affidavits contributed to heightened attention surrounding the case.
“I think this made for a nice, juicy story with the sealed affidavits,” the attorney said.
The judge dropped the felony corrupt organizations charges and the robbery charges after testimony established that the victim’s gun, which was taken from him during the fight, was later thrown behind the bar and not stolen.
The remaining charges were held for court, sending the case toward trial.
Washington County District Attorney Jason Walsh said he was disappointed by the dismissal of those charges but emphasized that the case is still moving forward. Walsh told Channel 11 he is satisfied the remaining charges were held for court and stressed that violent criminal behavior will not be tolerated in Washington County.
Defense attorneys, however, said the judge’s ruling reflected what they argued all along.
“It seems like Judge Manfredi saw the forest through the trees and realized this was a fight between two individuals that escalated, but really had nothing to do with the Pagans or the War Dogs,” said defense attorney Casey White.
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