Randy “Mad” Yager, an American Outlaws Association patch holder accused of racketeering in a 1997 RICO case titled USA v. O’Neill et al., agreed to a plea and sentencing agreement in a 90 minute hearing on March 24. About an hour of the hearing was held in camera, off the record with observers barred.
The plea deal is sealed. Yager agreed “to a sentence of 15 years imprisonment plus a term of supervised release.”
He had been scheduled to begin his trial today. Publically available portions of the plea hearing suggest that Yager is in poor health.
In the original, 1997 indictment, Yager was accused of stealing someone’s patch, conspiring to murder members of the Invaders Motorcycle Club and conspiring to murder members of the Hells Angels. A superseding indictment unsealed about a year ago accused Yager of conspiring to commit more violent acts and of murdering a Hells Angel named Jack Castle on March 3, 1995.
As part of his plea deal, Yager agreed that he was “the regional president of the Chicago Region, and a member and president of the Gary Chapter of the Outlaws” criminal enterprise which “engaged in a pattern of racketeering activity…which affected, interstate and foreign commerce.” The language is legal boilerplate and is intended, as much as anything, to discourage public scrutiny of this example of American justice.
Virtually all of the case against Yager is sealed. The secrecy does not seem to be intended to hide any betrayal made by Yager against his former club brothers. The secrecy seems intended to protect informants who entered the federal witness relocation program and changed identities at some point more than a decade ago.
In a motion filed three weeks ago, Yager’s lawyer, Stephen P. Hurley complained:
“Giving witnesses new identities, secreting them in other venues, refusing to reveal their contact information and acting as a self-appointed intermediary between a witness and the defense is interfering – and far more effectively than telling a witness not to speak to the defense.”
“The government, excuses itself with the notion that these ‘are not defense witnesses,’ and therein reveals its proprietary approach. Thus the government is quite comfortable in asserting that the defense ought be satisfied that it asked these witnesses whether they wish to speak to the defense and the witnesses said no. Were a defendant required to accept the government’s representations without challenge, there would be no need for trials.”
The government also accused Yager’s defense of having improper knowledge of what the government might be expected to argue at trial. Apparently, the defense was the inadvertent beneficiary of a document that suggested the existence of evidence that might prove Yager’s innocence and which the government intended to withhold from the defense.
“The document addresses some of the predicate acts with which Mr. Yager is charged and many of the ‘other acts’ which the government has requested the court permit it to prove in Mr. Yager’s trial,” Hurley wrote. “It states the government’s positions on what occurred and who was responsible for those occurrences. It is anticipated that the government will express inconsistent positions in the upcoming trial. Thus, the statements within the document will reveal to the trier of fact the prior inconsistent statements of a party opponent. The government seems to suggest, though it does not say it, that the document it created is not the statement of the party opponent. The government says the cases cited by Mr. Yager are ‘inapposite,’ but does not explain how. The government is Mr. Yager’s opponent, and the statements are the statement of the government’s representatives in the very same case. The government does not deny that this document resides within the very same presentence report files that it has claimed, and continues to claim, contain no exculpatory evidence; and fault the defense for saying that those files ‘may’ contain other exculpatory evidence.”
United States District Court Judge Joseph Peter Stadtmueller was deaf to Hurley’s words.
Once In Mexico
Yager avoided answering the charges against him in 1997 by relocating to Rosarito, Mexico with his common law wife, a concert violinist named Margie Jelovcic. They lived happily there as Mr. and Mrs. David Michael Dorian. They lived humbly and were well known for their devotion to one another and their charitable works.
Using methods that are too secret to disclose to the public, but which probably included a kind of flying, cellphone trap called a “dirtbox,” United States Marshals tracked the couple down on October 15, 2014. They were in a bar called La Maroma, eating steak and drinking beer when their world shattered.
Under circumstances that grow more obscure with the passage of time, Yager was arrested and his wife was killed by Mexican police. He has been officially in American custody since four hours after his apprehension.