Las Vegas Hells Angels motorcycle club members accused of targeting a rival club in a Henderson highway shooting can be prosecuted as gang members under state law, the Nevada Supreme Court ruled Thursday.
The 2022 Memorial Day shooting on Interstate 11 — which Clark County prosecutors alleged targeted Vagos Motorcycle Club members — injured seven people.
Addressing that case, the higher court ruled that there was enough probable cause to classify the Hells Angels as a criminal gang.
Indicted Hells Angels members included local chapter President Richard Devries.
District Court Judge Tierra Jones in 2023 dismissed some of the charges the suspects were facing, including racketeering, gang enhancements and 20 of 25 shooting-related counts.
Jones had sided with defense attorneys who had argued that the indictment failed to properly specify which defendants engaged in alleged racketeering activities.
Police told a grand jury that investigators recovered 25 spent bullets on the highway.
Jones noted that prosecutors only presented evidence from a witness who testified that one of the suspects fired five rounds.
Defense attorneys countered that the state failed to consider exculpatory evidence that some of the Vagos members had guns and that one of the indicted suspects, Rayann Mollasgo, had also been shot.
‘Criminal gang’
“We conclude that this was an error because the State presented at least slight or marginal evidence to support a reasonable inference that Hells Angels members commonly engage in felony-level violence directed at rival motorcycle clubs, such that that group constitutes a criminal gang,” Supreme Court justices wrote in their ruling.
Added the higher court: “Because the District Court substantially erred in dismissing the gang enhancement, we reverse and remand.”
The other Hells Angels members indicted were Stephen Alo, Russell Smith, Aaron Chun, Cameron Treich and Taylor Rodriguez.
After Jones’ ruling, they still were facing 17 charges, including attempted murder and conspiracy to commit murder. Roneric Padilla, who also was indicted, was charged with accessory to commit a felony.
The Vagos group was returning to Las Vegas from Hoover Dam in a ride commemorating the holiday when Hells Angels motorcyclists rode behind the victims, according to prosecutors, who allege the Vagos were ambushed.
The suspects broke up the victims’ group and then shot at individual riders, prosecutors said.