Whatever pathetic racketeering case United States Attorney Charles T. Miller dreamed of bringing against 54 members and associates of the Pagans Motorcycle Club, it has now been overshadowed by the murder of James M. Hicks.
Hicks (pictured above) was not named in the indictment but police killed him anyway during a commando style invasion of his home that startled him awake about 6 am yesterday.
The Secret Indictment
This page has legally obtained a copy of the sealed indictment dated September 29th. That document accuses the Pagans of being an illegal enterprise that exists to enrich “members and associates…through, among other things, extortion, robbery and the operation of an illegal gambling business.”
The indictment seems to be both mendacious and bloated. The allegations include two counts of kidnapping; robbery by intimidation; witness intimidation; talk about who deserved to be killed; various offenses stemming from a long dispute with the Road Disciples Motorcycle Club; talk about alleged crimes on the telephone; possession of recreational amounts of recreational drugs; and numerous allegations of the illegal possession of firearms – either because the possessor was a convicted felon or because the police thought the possessor was capable of actually shooting someone.
The Pagans indictment which should bear the title United States versus Barbeito et al. has not yet been published. The sealed indictment identifies the case number for this matter as 2:09-CR-00222. No document associated with the case has yet been published.
The Secret Warrant
Police went to Hicks’ home in Dinwiddie County, Virginia to “serve” a search warrant. Like all the rest of this apparently fabricated case, that search warrant remains sealed. As of Wednesday evening in Virginia, police refused to discuss the warrant or why it was sealed.
The “no knock” warrant was “served” by Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and a Virginia State Police “Tactical Team,” which seems to be a euphemism in Virginia for “storm troopers.” According to multiple sources, Hicks awoke to the sound of someone breaking into his home. Hicks went to investigate with a shotgun and acquiesced to police demands that he put down the gun. According to those sources, when Hicks turned to lay down his gun a “Tactical Team” officer shot him multiple times.
According to a statement released today by an attorney named John Rockecharlie, Hicks’ “family and friends are devastated by the events of yesterday morning…. They are at a loss to understand why the police handled the situation in such a manner. James did not fire, point or brandish a firearm at any officer.
“In the chaos that was created by the police smashing down the door to his home, James was taken from his loved ones,” Rockecharlie continued. “We hope the authorities look closely at the actions of the police officers involved.”
Hicks was accused this summer of felony possession of 0.068 grams of powdered methamphetamine. Rockecharlie was defending him on that charge. A grand jury would have decided whether to indict him for methamphetamine possession this November.
The ATF has not yet released a statement on the shooting, what they were searching for or whether they found it. Virginia authorities said today that they “may release additional information.”