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Off-duty Seattle cop shoots Hells Angel
By Jennifer Sullivan
The Seattle Times
MEADE COUNTY, S.D. — Several felony charges were filed in South Dakota this morning against a Seattle police officer who shot and wounded a Hells Angels member during a fight inside a Sturgis bar earlier this month.
The Meade County, S.D., State Attorney’s Office charged police detective Ronald Smith with aggravated assault, perjury and a misdemeanor count of carrying a concealed pistol without a permit.
Smith had earlier said he shot and wounded Hells Angels member Joseph McGuire after being jumped by several bikers inside the Loud American Roadhouse on Aug. 9 during the annual Sturgis Motorcycle Rally. Smith this morning declined to comment on the charges, but said he was hiring an attorney.
An aggravated assault charge was filed against McGuire, 33, of Imperial Beach, Calif.
Misdemeanor charges also were filed against four other members of a motorcycle club called the Iron Pigs, which is made up of police and firefighters. Smith is a member of the club.
If convicted of felony assault, Smith and McGuire could each face up to 15 years in prison and $30,000 fine. If convicted of perjury, Smith faces up to five years in prison and a $10,000 fine.
The other Iron Pig members who were with Smith in Sturgis were each charged with carrying a concealed weapon without a permit. They include: Scott Lazalde, 38, of Bellingham; James Rector, 44, of Ferndale, Whatcom County; Erik Pingel, 35, of Aurora, Colo.; and Seattle police Sgt. Dennis McCoy, 49, of Seattle. Lazalde and Rector are members of U.S. Customs and Border Inspection in Blaine.
A conviction on the misdemeanor could result in up to one year in a county jail and a $2,000 fine.
While Seattle police have long had a policy of firing officers charged with a felony, department spokesman Jeff Kappel issued a statement this morning that read, “the department continues to gather and receive information, the officers will remain on administrative leave.”
Smith and McCoy, who were both inside the bar when the shooting happened, as well as and several other Seattle police officers who traveled to the motorcycle rally are on administrative leave, the authorities said.
Smith, 43, said he has belonged to the Seattle chapter of the Iron Pigs since it was founded several years ago. He said he and other officers were in Sturgis attending the famed annual motorcycle rally there.
Meade County State Attorney Jesse Sondreal said in the news release that 10 witnesses testified Wednesday before a grand jury. Another 25, including Smith, testified on Aug. 10.
Sondreal said in an e-mail this morning that the grand jury found that Smith lied while testifying before them the day after the shooting.
“The grand jury must’ve decided that Mr. Smith, having taken an oath to testify truly, in a state proceeding, stated intentionally and contrary to the oath, a material matter which he knew to be false,” Sondreal wrote.
Smith, who has said he may have been targeted by the motorcycle gang, testified in a high-profile federal racketeering and murder trial last year that sent several former and current members of the Hells Angels to prison. All four defendants in the case went to prison -- for terms ranging from seven years to life without parole -- for convictions on conspiracy and racketeering charges.
Court records and police testimony show that the detective has clashed with another Hells Angels member before.
Smith filed charges in 2005, alleging that Anthony James Magnesi, a member of the Washington Nomads chapter of the Hells Angels, had threatened him over the phone.
Magnesi, in turn, recorded one of their phone conversations and gave it to the police department’s Office of Professional Accountability (OPA), claiming it was Smith who had threatened him.
An internal investigation was opened, and the incident was referred to Smith’s supervisor as a training issue, according to OPA officials.
The misdemeanor criminal charges filed by Smith against Magnesi were dismissed.
Copyright 2008 THe Seattle Times