Federal prosecutors may have some evidence problems in the racketeering trial of American Outlaws Association patch holder Randy Mark “Mad” Yager.
Yager was indicted in June 1997 in a RICO case titled USA v. O’Neill et al. He avoided arrest because he was in Las Vegas when that indictment was unsealed.
Yager left the country. He and his common law wife, a concert violinist named Margie Jelovcic, settled in Rosarito, Mexico which is about an hour’s drive from San Diego. They lived quietly and modestly and developed a reputation for kindness and charity. U.S. Marshalls eventually tracked them to a bar in Rosarito called La Maroma on October 15, 2014. Jelovcic, who had committed no crime, fled. She was pursued by police and was then either murdered by authorities or committed suicide after the couple’s Ford Explorer crashed. Local police said she was holding a .25 caliber pistol in her hand as she drove and she accidently shot herself in the neck when she crashed.
Yager was extradited to the United States that night and indicted again, with additional charges, on November 4, 2014.
Fine Point Of Law
Last November Yager’s lawyer, Steven Hurley, moved to suppress evidence that would tend to implicate Yager in the murder of a Hells Angel on September 25, 1994 during a brawl between Outlaws and Angels at the Lancaster Speedway in Lancaster, New York. The evidence, which included a bloody Hells Angels vest, was discovered during a traffic stop – somewhere in the Village of Silver Lake, New York – about 50 miles from the scene of the crime.
Police had been alerted to be suspicious of vehicles with Midwestern license plates heading west. Yager was driving a car with Illinois plates when he was spotted by a New York State Police trooper named John Morrow. Morrow followed Yager for six miles. The trooper eventually stopped Yager for failing to signal a right turn and then turned the stop into a vehicle search.
A key question, 21 years later, is where exactly the alleged traffic infraction took place.
According to a pretrial ruling by District Judge J.P. Stadtmueller: “The precise location of this stop is the center of the (defense and prosecution) parties’ dispute. Importantly, State Route 20, the road on which Morrow spotted and subsequently followed Yager, forks into two separate roads in Silver Lake. One road veers to the right and is known as Truck Route 20 or Howard Street (hereinafter ‘Howard’). The other road continues straight forward and is known as State Route 20 or Central Avenue (hereinafter ‘Central’). According to the government, Morrow stopped the vehicle because Yager failed to use a proper turn signal as he veered right from State Route 20 onto Howard. In contrast, Yager argues that, according to Officer Heavern, the police officer who provided back-up to Morrow during the incident, the stop was made on Central.”
If the stop was made on Central Avenue, the official reason given for it is a lie and nothing found in the car can be used as evidence against Yager.
There was a hearing on this matter on December 23. Judge Stadtmueller will announce in February whether he thinks the traffic stop was legal or not. Yager’s trial is scheduled to begin in Milwaukee on March 28.