James Hicks’ Murder

October 7, 2009

All Posts, News

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.”

, , , , , , , , , , , , ,

21 Responses to “James Hicks’ Murder”

  1. Fritz Says:

    Elvis is not dead.

  2. yeah Says:

    Fuck em

  3. Marcus Nestor Says:

    My most sincere condolences to everyone who knew this man. My condolences to the country, which is now a tin pot police state .I dont mean this garbage didnt used to happen becasue it did, I have known Pagans all my life and i was born in 58, so i remember the 70’s pretty well.The difference between now and then is, now there is much, much more willingness for this gestapo bullshit to be sanctioned Judicially..and by the press..back then a police murder was a big deal…now its just another day at work…

  4. Cyclemichael 1%er Says:

    Hitler, would love, what the USA has turned out to become. Hang-on to your life, the bast you can, because, if they have it there way, us biker we’ll all be dead……………

  5. Rebel Says:

    Dear Not Surprised,

    Thanks again. Nice piece of work.

    your pal,

  6. John Cokos Says:

    Since none of us were there, what we know of the actual events’s are circumstantial at best. But the underlying theme here is the Militiarization of the Domestic Poice Force in this country. Dressed in Black with Jump Boots bloused, like some testosterone spiked Navy Seal wannabe’s. Shit, they don’t even come close to the real deal. We are one step removed from house to house, warrentless smash and grab. It’s basically in place now as I speak about it, only the provication is missing.

  7. Snow Says:

    This really sucks, basically they murdered him just like they did to Derek Hale, best wishes to the families. May the bastards burn in hell.

  8. FTF Says:

    The plain and simple truth here is that James Hicks was murdered. Having been through a similar type raid just about a year ago I can tell anyone that these assholes don’t follow proper protocol, period. They come busting through the doors and windows guns at the ready barking orders at a pace that no human can understand that has just been woke up by the sound of his house being broken into.

    These assholes know this and hope, dream, and talk about this type of situation. They actually were hoping that the intel on me was true one ATF agent had told me during my ride to detention. When I asked him why he responded that he’d love to have shot my ass. And to think that this guy was actually out of a field office in Detroit far from my area.

    My condolences and respects to James’ Brothers, as well to his family and friends.

  9. Not Surprised Says:

    Below is a list of case law, court rulings, applicable Federal laws and cirumstances whereby an agent my petition for “dynamic entry” when asking for a search warrant. Note the language and logic behind “knock and announce”. I apologize if some of the language is tedious; it is “legalese”.

    “Under 18 U.S.C. § 3109, an agent executing a search warrant must announce his authority for acting and the purpose of his call. See, e.g., United States v. Barrett, 725 F. Supp. 9 (D.D.C. 1989)(“Police, search warrant, open up”). This knock-and-announce requirement, although statutory, has been incorporated into the Fourth Amendment, United States v. Bustamante-Gamez, 488 F.2d 4, 11-12 (9th Cir. 1973), cert. denied, 416 U.S. 970 (1974), and therefore a statutory violation may also be a constitutional one. United States v. Murrie, 534 F.2d 695, 698 (6th Cir. 1976); United States v. Valenzuela, 596 F.2d 824, 830 (9th Cir.), cert. denied, 441 U.S. 965 (1979). The knock-and-announce rule is designed to reduce the possibility of violence (the occupant of the premises may believe a burglary is occurring), reduce the risk of damage to private property (by allowing the occupant to open the door), protect the innocent (the agent may be executing the warrant at the wrong location), and symbolize the government’s respect for private property.

    Of course, if no one is present, there is no one to notify, and agents can search the place without waiting for its occupant. United States v. Brown, 556 F.2d 304 (5th Cir. 1977). The knock-and-announce requirement also does not apply when the door is open. United States v. Remigio, 767 F.2d 730 (10th Cir.), cert. denied, 474 U.S. 1009 (1985). It is unclear whether the rule applies to businesses, as different courts have reached different conclusions. Cf. United States v. Agrusa, 541 F.2d 690 (8th Cir. 1976)(§ 3109 applies to businesses), cert. denied, 429 U.S. 1045 (1977), with United States v. Francis, 646 F.2d 251 (6th Cir.)(§ 3109 applies only to dwellings), cert. denied, 454 U.S. 1082 (1981).

    After knocking and announcing, agents must give the occupants a reasonable opportunity to respond, although exigent circumstances may justify breaking in without an actual refusal. Compare United States v. Ruminer, 786 F.2d 381 (10th Cir. 1986)(break-in authorized where police waited five seconds and saw people running in house), with United States v. Sinclair, 742 F. Supp. 688, 690-1 (D.D.C. 1990)(one- to two-second delay, even with noise inside, was insufficient to warrant break-in).

    Moreover, exigent circumstances may justify forcible entry without “knocking and announcing” at all. Circumstances are exigent if agents reasonably believe that giving notice to people inside could cause (1) the officer or any other individual to be hurt; (2) a suspect to flee; or (3) the evidence to be destroyed. Additionally, investigators need not knock and announce when it would be a “useless gesture” because the people inside already know their authority and purpose.”

    Mr. Hicks was not subject to arrest. The warrant, was a “probable cause” search warrant, which was executed, by the way, without bearing any fruit. Mr. Hicks previously had a concealed wepon charge dimissed aginst him. At that time, he was not a felon, had no history of threats or domestic violence, was not a fugitive from justice, under indictment for a felony, had never been ruled mentally ill by a court of law, and was a US citizen. Otherwise, he would have been charged with “posession of a firearm by a felon”; the ATF staple infraction.

    At the time of service, Mr. Hicks was not a criminal. There was nothing in his personal or professional life, nor had any charge been alleged that would indicate he was either a deadly threat or a flight risk. These are the TWO main components for justifcation of a “no knock” warrant.

    We have no report Mr. Hicks threatend, pointed his weapon or in any other manner besides “refusing to drop his weapon”, presented a danger. One does not “drop” a shotgun. Unlike handguns or rifles, shotguns are notorious for accidental discharge with impact. Perhaps Mr Hicks was attempting to lean it in the corner, or maybe he turned to place it on the sofa. But if the expectation was for him to drop it on the floor and “put your hands up”, this is ridiculous, regardless of how many screaming agents there were.

    It has been reported Mr Hicks armed himself after hearing/seeing his front door being broken, and was in “protection mode” apparently, with his wife (there may have been other family members in the home) in close proximity. It may have been some relief to Mr Hicks when he realized this was not a typical home invasion robbery. it strains the imagination to think he would not comply with an order to disarm in the face of such firepower.

    Since this was a multi jurisdictional affair, each agency involved ,by protocol, would have had at least one member present.

    That would mean State agents, federal agents as well as either city or county agaents (it is their jurisdiction), with one “supervising” agent calling the shots. My best estimate based on experience and belief, is that a team of 6-10 armed officers were on hand.

    The shooter followed tactical training for close quarters firing; two or three shots in rapid sucession, to the torso, in a tight grouping. He likley then “cleared” the shotgun with a sweep of his boot, and kept his weapon trained on Mr Hicks.

    This altercation took place within the home itself. Protocol would place a minimum of four agents in the room. None of them felt the necessity to employ deadly force. All of them will however support the shooter’s decision. Rules of engagement dictate that a common threat be elimnated in a “fire at will” policy. It is unreasonable to assume that only ONE officer so outgunned his partners as to in effect, save the entire squad.

    I propose this as the plausible scenario: Mr Hicks appears suddenly in a room where agents say they entered by force because “no one answered their knock and announce”. Upon seeing him, the order is given to disarm. It is highly likley Mr Hicks was never within 10-15 feet of these agents, and was shot where he stood by a Va State Tactical officer who may or may not have:

    1. Issued a clear directive.

    2. Given sufficient time for Mr Hicks to react.

    3. Had an unreasonable expectation as to the method of Mr. Hicks disarming himself.

    It is evident that the justifcation for the shooting was given as “refusal to disarm”; to wit, faling to “drop” his shotgun. What is so highly unlikley as to be the stuff of fantasy, is that Mr Hicks challenged these officers, or verbally stated he would not comply.

    Bad shoot. Bad intel. Very typical of an ATF operation. It is VERY probable that in the pre-raid debriefing, Mr. Hicks was portrayed as a cross between Charles Manson and Jesse James, thus prejudicing all but the Federal officers who the real deal. This too, has been a common complaint from local agents in after-action reports of botched ATF raids.

    The only account of what took place that morning we will never have is that of James Hicks.

    Condolences and respects to his family and brothers.

  10. MrSteve Says:

    Reminds me of Ruby Ridge. And Waco. And this is one of many reasons why the Second Amendment is so important.

  11. sled tramp Says:

    Saw an ad for women cops of Broward County or something like that.Had a female LEO on camera smiling while saying,”There’s ALWAYS a good time to use a taser”.Up our way near Eugene,Oregon, the cops repeatably tasered a DUI out of his vehicle (he was too blasted to respond to the LEO’s).
    Remember that shows like that are bit hits with the public.
    Big fucking family entertainment….
    This a growing mindset among cops that they have no answerable actions.Anybody that can hammer three rounds into an inert person is thinking there’s no way he’s going to be in the shit over it.THAT’s the scary part obviously.

  12. Not Surprised Says:

    Excellent post and solid points, hightop. Thank you.

  13. hightop Says:

    It pisses me off that the cops are too cocky and lazy to even bother planting evidence anymore, but just expect that the public will accept their story that one man with a shotgun chose to go up against a bunch of highly armed and body-armored clowns in Ninja suits in order to keep them from entering his home and discovering that he had …. nothing illegal!
    The other thing I’m sick of is hearing how dangerous their jobs are. The delivery guy who brought the pizza’s for the party they probably had the night after they murdered this man has a more dangerous job. Give me a break.

  14. Not Surprised Says:


    I take no pleasure in being right on this one…….

  15. Doc Says:

    Not Suprised:
    You’re right. The ATF hit squad was out of the Louisville Ky field office and it was a member of the state police tactical unit that actually murdered him.

  16. Not Surprised Says:

    Deja Vu All Over Again

    Derek Hale (died November 6, 2006) was a retired Marine Sergeant who served two tours in Iraq. He was killed while peacefully sitting at his home in Wilmington, Delaware when three unmarked police cars pulled up and attempted to place him under arrest.

    They suspected that he was part of a narcotics ring due to his association with the Pagans Motorcycle Club, and proceeded to taser him when he failed to remove his hands from the front pocket of his hoodie, although witnesses say that he made no threats.[1] At first he was unable to respond to their demands because of the convulsions so they tasered him again, causing him to vomit.[2]

    When he was still unable to respond, they tasered him a third time before William Brown put his gun into Hale’s chest and shot him point blank three times. His death sparked outrage against the War on Drugs.[3] His widow, Elaine Hale, filed a wrongful death suit against more than 30 defendants, including state and city police departments.[4]

  17. YYZ Skinhead Says:

    Fucking pigs, and you just KNOW they’ll get away with what amounts to a contract hit.

  18. Rebel Says:

    Dear Not Surprised,

    Absolutely. I cannot confirm that Hicks was shot in the back so I did not put it in the story. The official version is that he was shot “in the torso.” The cops are still getting their song and dance together. The ATF did not find anything in the house because there was nothing to find.

    Hicks was just a guy. He could have been any one of us. He just got his name on a list and the cops got to go play soldier. And, you are right. A couple of agents could have gone to his house and politely knocked on the door and told him they had a warrant. But for an increasing number of cops, it is all about the drama.

    your pal,

  19. Dex Says:

    Do you ever wonder why the cops do these “Pre” dawn raids?
    Do you ever wonder why these same “Pre” dawn raids are on the evening news?
    The all mighty “$” dollar. It’s to show the hard working man that yes the Feds are keeping you safe and to do so we need more MONEY!!
    It’s the same when the fire Capt. Orders an air drop when it’s not needed. The firemen I know call it the CNN money drop.
    A safe boring traffic stop will not make the news. Why the news directors are in the business of selling ad time. So the moniker “if it bleeds it leads” is so true.
    Until we get a news channel that runs no ads and takes not one dime from any one will we get honest news.
    As My dad always said there are three sides to every story, his side, your side what really happened …

    Thanks for the site Reb


  20. Not Surprised Says:

    This is an all too familiar pattern. Pre dawn raids, numerous officers, busting in your home where your family sleeps.

    Bad intel on this one. Nothing found in the home. No reason he could not have been taken during a traffic stop.

    ATF always puts local Cops out front. You can bet if this was a righteous shooting, more than one would have fired. It is ALWAYS just one………

    And the rest back his play every time.

  21. JUST A BIKER Says:



Leave a Reply