Warren Case Ends With A Whimper

December 12, 2017

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Warren Case Ends With A Whimper

The murder cases against three members of the Forever Two Wheelz Motorcycle Club in Warren, Ohio ended this morning when a third accused man acquiesced to a plea deal.

James A. Gardner, Charles Dellapenna III and former FTW president David Bailes, Jr. were all accused of murder and aggravated assault after a gunfight with members of the Brothers Regime Motorcycle Club at a bar called Shorty’s Place on June 18, 2016. Robert A. “Chopper Bob” Marto, president of the Brothers Regime, and Jason “Foot” Moore were killed during an exchange of gunfire between about 20 men. Two other men named Walter Hughes and Andrew G. Claypool were wounded..

Bailes was the first man charged but he was so seriously wounded that prosecutors dropped the case. Since the gunfight at Shorty’s, Bailes has been confined to a wheelchair.

Gardner was charged next. After Bailes recovered, he and Dellapenna were indicted. All three men are related to a woman named Giva Gardner. She is James Gardner’s wife, Dellapenna’s aunt and Bailes’ mother.

Let’s Make A Deal

James Gardner was the first defendant to crack. He pled guilty to two counts of complicity to involuntary manslaughter, two counts of complicity to felonious assault and he agreed to testify against Dellapenna and Bailes when they went to trial. In return, prosecutor Mike Burnett agreed to recommend that he spend no more that 15 to 20 years in the penitentiary.

A week ago Dellapenna pled guilty to complicity to involuntary manslaughter, complicity to felonious assault and carrying a concealed weapon and agreed, with Gardner, to testify against Bailes at trial. In return, Burnett assured Dellapenna he would not have to do more than 15 years in prison.

Bailes was scheduled to stand trial yesterday but before the proceeding could begin he and Burnett also reached a plea agreement. Bailes pled guilty to two counts of involuntary manslaughter and two counts of felonious assault and did not have to testify against anybody.

This morning,, Judge Andrew Logan sentenced Bailes to 10 years in prison.

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10 Responses to “Warren Case Ends With A Whimper”

  1. Old & Jaded Says:

    I think they played on the father’s emotions re the step-son in the wheelchair doing life and promised to go lighter on all three of ’em if he talked. He did – and then the others were confronted with his testifying against them and surrendered as well. Tx Biker is right – play stupid games, win stupid prizes!

    BTW – an article I read indicates that Giva Gardner’s twin sister, Noma Darhower, is Dellapenna’s mother. You can’t make this shit up…

  2. Gandalf Says:

    OK. So the Former Pres is in the Wheel Chair. Not the Father. Cops want the Pres more than the others… so Pres tells His dad and cousin to “rat” on Him. Then takes the whole rap in the Hallway deal… maybe gets the other 2 a lighter sentence when they get sentenced. It Could Have been His beef that started it??? Who knows. Either way sounds like some Strategic “ratting” to me. Followed by the Pres not letting them truly rat in court.

  3. Iron Rider Says:

    So the first guy who took a deal took 15 to 20 years for his “cooperation”. Then the other guy took a deal as well, but bailes took a deal didnt have to testify against anyone and got 10 years from the judge.

    This is why I say shut the fuck up, dont say a fucking word. This is a perfect example of why you dont say anything. The guys that took a plea and was going to testify is going to do a 15 to 20 stretch for cooperating, bailes took a deal never had to testify and got 10, now whats wrong with that picture? I will tell you, the prosecution still didnt have a strong enough case or they wouldn’t have pled balles out, its that simple.

    So shut the fuck up. If the prosecutions case was such a slam dunk , they why do they need YOU to testify? It’s because it isn’t a slam dunk and even with the testimony of a cooperating accused they still couldn’t get it done and pled balles out. and who got fucked here the guys who cooperated an extra 5 to 10 years more than balles.

    Dont be fooled by the cops and the prosecution telling you “oh we have you cold” “you’ll do the max if you dont cooperate” and bla bla bla. The prosecutor will promise you all the world but rarely can they deliver. If their case was so solid they wouldn’t need your ass, they have shit so they are grasping.

    Nothing like agreeing to rat and then for your cooperation your doing more time then the guys you were going to testify against and your a rat now, enjoy your 15 to 20 labelled a rat, cause we all know how well rat’s do in jail, about as well as rapists and child abusers and 15 to 20 is a long long time to be looking over your shoulder and the people you are going to side with in jail are sure the fuck not going to be any of the MC brothers, no it will be those in the lower common denominator scale of the equation and that is nothing to brag about, but you ratted, so your not going to have a choice.

    Do your self a favor when your in a pinch shut the fuck up, give them nothing they get nothing. Dont buy what the prosecutor is selling, because you are being played for a sucker, and look at this poor fuck, 15 to 20 and he never got to utter a word and the guy that didnt say shit and kep his mouth shut go 10. There ya go right there, never say anything. enough said.

  4. Gandalf Says:

    For that Matter…. Come Trial Day I’m next going to plead guilty to an “open Plea” so my kids don’t have to actually Rat. My Hallway deal would include my kids getting only 3 or 5. There may be a method to His madness. #ChessNotCheckers

  5. Gandalf Says:

    BTW: If they were my kids and I was in a wheel chair I tell them to rat on me. Heck, I’d give my kids other info against me… Just Sayin….

  6. Gandalf Says:

    @TX_Biker; Yep.

  7. 82FXR Says:

    The father was the first to plea out to rat on his son and nephew? With family like this, who needs enemies.

  8. Not the 99 Says:

    The one that didn’t rat got the best deal.
    Proof, that even prosecutor’s hate snitches.

  9. Not the 99 Says:

    It really doesn’t pay well to agree to testify against your brother or son, in this case.
    The one that was last, that made no deal, got the best in return.
    Makes me wonder what the first two would have gotten if they kept their mouths shut, and made that prosecutor do his job.

  10. TX_Biker Says:

    Play stupid games, win stupid prizes…

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