Kevin Augustiniak Sentenced

March 30, 2012

All Posts, News

Kevin Augustiniak, a member of the Mesa, Arizona charter of the Hells Angels Motorcycle Club, was sentenced to 23 years in prison by a Maricopa County Superior Court Judge named Peter Reinstein yesterday for the murder of a woman named Cynthia Yvonne Garcia in Phoenix in October 2001.

For the last decade Garcia’s murder has been used to exemplify the alleged inherent psychopathy of all members and friends of the Hells Angels Motorcycle Club.

Garcia, a 44-year-old mother of six who has been widely described as a substance abuser, was killed after going to the Mesa clubhouse in October 2001. Garcia was beaten at the clubhouse and stabbed after being taken into the desert in the trunk of a car. Four patched Angels and two prospects were in the clubhouse around the time Garcia was beaten. The prospects were named Dennis Gilliard and David LeMoine. The four patch holders were Augustiniak (above), Paul Eischeid, Richard Hyder and Michael Christopher “Mesa Mike” Kramer.

Mesa Mike

According to multiple sources, the architect of the murder was Kramer. Kramer was the most senior club member there and he was intoxicated on methamphetamine at the time. Kramer punched Garcia and knocked her off a bar stool for “mouthing off.” He kicked the woman and ordered Augustiniak, Eischeid and Hyder to join in the assault. Kramer ordered the other Angels to throw Garcia in the trunk of his car. Kramer stabbed and slashed Garcia in the desert near Usery Pass south of Mesa.

By Kramer’s account, the nearly decapitated woman somehow managed to grasp his pant leg as she died. And, he was moved to treachery by that poignant gesture. Less than a month later Kramer became a paid ATF informant.

Kramer killed Hyder in a traffic accident the following Spring. He was eventually sentenced to five years probation for killing Garcia. He is now enrolled in the U.S. Marshalls’ Witness Relocation Program. Since the Garcia murder, Kramer has been paid slightly more than $415,000 by the federal government.

Augustiniak and Eischeid

Augustiniak and Eischeid were indicted for the murder as a result of Kramer’s participation in a racketeering investigation of Hells Angels in Arizona, Nevada and California. The well known investigation was eventually named Operation Black Biscuit for the Fox Television reality show America’s Most Wanted. The federal charges against Augustiniak were dismissed. Eischeid fled to Argentina where he was discovered and apprehended in February 2011. Eischeid is unlikely to be extradited.

Augustiniak was indicted for the second degree murder of Garcia by an Arizona grand jury in 2007. On advice of counsel he pled guilty in October 2011. He attempted to withdraw the plea but his motion was denied.

Relatives of both the victim and the convicted man made statements before the sentencing.

“I just want justice,” Garcia’s daughter, Angela Ruiz, told Judge Reinstein. “I want him to get the maximum because he’s still breathing and my mom’s gone.”

Augustiniak’s father told the judge that his son should not be punished for what Michael Kramer did. “The Garcia family is not having the truth said here today,” Daniel Augustiniak told the judge. “My son didn’t have the trial he’s supposed to have, didn’t have the lawyer he’s supposed to have.”

Expert Insight

Last month outlaw biker authority Kerrie Droban cited the Garcia murder as an example of the continuing danger the Hells Angels present to Arizona and the general public in an interview broadcast on Phoenix television station KTVK. Droban is the author of Running With The Devil, a book about Operation Black Biscuit.

“Not only was it an extraordinary investigation, but you start to learn who the Hells Angels really are,” Droban told KTVK. “It is the modern-day Mafia and that’s really part of the fascination with these biker gangs.” A movie version of Running With The Devil is in pre-production.

Droban describes Garcia as a “biker groupie” and told the television station that her research has led her to believe that Paul Eischeid was the principal aggressor against the dead woman. “Amongst his peers, he was known as the go-to guy,” she said. “If you wanted someone taken care of, they called it TCB, taking care of business, if you wanted someone taken care of, you had Paul Eischeid do it.”

Eischeid was unavailable to comment or respond.

 

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48 Responses to “Kevin Augustiniak Sentenced”

  1. Outlaws daughter Says:

    Hope to see you soon Kevin

  2. Momma_mo Says:

    Thank you Rebel!!

  3. Rebel Says:

    Dear Momma_mo,

    My most sincere condolences. http://www.agingrebel.com/5070

  4. Momma_mo Says:

    All I am reading is a bunch of bull shit! Does anyone not care that a mother of 6 is dead! 6 children she had to leave behind because of some petty displayed act of power!! Unbelievable! Guess it wouldn’t effect you unless it was your mom! Have some sympathy people!

  5. mcganghater Says:

    the red/white sure focked up the OG when they dame 2 phx az the dirty dozer was way way better off. the HA all snitch when the heat gets turned up but they all say they do not do some homework oh an so do the other gangs snitch each other off . just look at the clown that ran 2 south america LOL an u people support rapist really bet u would not if was your family member

  6. NorCalGrappler Says:

    Add this to the long line of fucked up shit that these fucken guys do to peiple. Seriously. Wait for the day when they have to pay for all the bullshit they do. Why do they let these guys have Club Houses???

  7. j.m Says:

    This case has haunted me since my family and myself first heard of miss. Garcias death. I am also shocked beyond belief, kevins sister and my brother were married in 2001 I walked down the aisle as a bridesmaid and him a groomsman. We now have our blood running through are nephews veins. My heart breaks for the garcia family and those 6 children who are now motherless, I am in no way condoning kevins actions, but this kramer keeps popping up in my mind, and I can’t help but be furious that he has killed 2 or maybe more people, and was basically paid for it, he should be behind bars as well. I stongly believe he was the one giving. The orders….. Such a horrific case so sad for all families involved

  8. Jrod Says:

    For all of you who talk shit on here are nothing but a bunch of pussy bitches. I have nothing but respect for the HAMC. When you are respectful to people in life you will go further and have a better life.

  9. PHILIP Says:

    Go Rebel!!!!! Fuckin’ straight!. Go fuck yourself, you prick cop!

  10. observer Says:

    This being maybe the ultimate accusation, a willing, competent and determined defense is more than hard to find. Which of course is why we find the topic here.

  11. Rebel Says:

    Dear 10Guage,

    Burgess’ lawyer, Jim Barrett, the grandson of a Governor and a US Senator, appears to have been unenthusiastic about the case. Barrett has since been promoted.

    Rebel

  12. 10Gauge Says:

    ALL of the facts surrounding that case are as hinky as they come. I imagine someday with the direction technology is going there will be a way to prove (without a doubt) ALL of the “evidence” was completely manufactered. For Dave it will be too little too late.

    I just don’t understand how he was convicted when it was proven: that he never purchased the drivers the pictures were on, the amount of information was next to impossible to download, there was nothing linking thoses drivers to his computers, and the pictures were NEVER ACCESSED…WTF…I just don’t understand it.

    FTP, FTF, STOP FEDERALLY FABRICATED CRIMES AGAINST BIKERS

  13. YYZ Skinhead Says:

    Caretaker,

    “Porksicution”. That ought to become shorthand for pig harassment. Awesome.

    YYZ Skinhead

  14. El Jefe Says:

    First of all I am far from a 81 supporter BUT I did enjoy reading Dave’s World 81 before he went the myspace route.

    Dave’s World 81 had good public information with plenty of cathouse pics.. I remember there where pics of youngsters at a pool party but I think that was his daughters or stepdaughters friends.

    Whatever the case I felt Dave was probably guilty, reason being NO one know’s what goes in someone’s house but them.

    But after reading Rebel’s article on Dave, I do say now there is more than reasonable doubt that dude was setup by the feds.

    FTP

    ML & R (who have earned it)
    Keep ur friends close, keep your enemies closer

  15. Rebel Says:

    Dear Observer,

    Kiss, kiss. I love you too.

    I think it was always DavesWorld81.com. Content from the site was used as “evidence” against Burgess to prove that he was a person of poor character.

    Rebel

  16. Caretaker Says:

    Glenn s & yyz-i think about 98% of what’s in my closet is ha stuff… Always glad to help defend against “porksicution”.
    Free all angels and fuck the feds!
    Support 81 worldwide.

    Respects,
    Caretaker

    Ps: no disrespect intended to those here that fly different colors.

  17. YYZ Skinhead Says:

    Glenn S,

    Props for posting. I have a lot of 81 support shirts and a support patch on my flight. I bought them A: to show my support for the club because I have friends in the Frisco charter and B: they have a lot of cool art. I have yet another reason to buy them if they help the club defend themselves against pork prosecution.

    YYZ Skinhead

  18. Glenn S. Says:

    Observer says: “…I was just stunned by Rebel’s exhaustive pursuit of the matter, and his degree of comfort in the jungle of legal jargon. I then began to read more and more on this site, articles and posts, and eventually started littering the boards with my own 1 1/2 cents.
    I’m just flotsam in the wake, but what goes on here is more than simple entertainment. Stuff gets said, and taken care of, that wouldn’t happen otherwise. And, much of that is Rebel’s eloquent and tireless efforts on behalf of those already inside, and those in the path of the juggernaut of cultural cleansing that is sweeping through the streets of this country today. This I think is truly the spirit and the power of this site. So props to you, Rebel. You’re more than just a gifted, hard working writer, you’re a man with purpose beyond yourself, very rare in this world.”

    VERY well said.

    Stripedy life says:

    “Glenn,

    I bet you hold them in High Esteem, especially when you’re on your knees. You sound like a real 81 supporter, in the middle of an ha circle jerk. For you it was a good deal. You got a closet full of 81 support gear, and got cum drunk.”

    So what’s with the obsession these types have with dick sucking? Fucking cops or whatever they are always respond to the posts they don’t like with, basically, “You’re a dicksucker.” Never do they have any type of logical counterarguement or reasoned response, just “you’re a dicksucker.” To that, I think, the hit dog hollers.

    Yeah, I have a closet full of support stuff. And I buy support stuff at every opportunity, even the stuff that I might not wear. Why? Because a patchholder told me recently that it costs a lot to exist as a club and they get fucked with a lot by the different variations of swine, just because they are an MC, and it costs a lot to mount a legal defense to even the most petty harassments. And they sell the tee shirts, etc. to make the money necessary to exist in an unfriendly world. And I think that the world would be lesser without the MCs and would be better with fewer law enforcement agencies. So, Stripedy Life, next time I’m somewhere where support gear is for sale, I’m going to buy an extra tee shirt, just for you and in your honor, that I otherwise would not buy.

  19. Glenn S. Says:

    Rebel says: “I don’t know for sure who you are and I am not going to bother to find out.”

    I’d be curious. So how about it, stripedy life or whatever, who the fuck might you be? 13-year-old playing on daddy’s computer? Frustrated wannabe cop that couldn’t pass the psychological? Correctional officer? Tame baby raper helping the feds fabricate realistic evidence for a set-up?

  20. observer Says:

    Waaaaay back there, I, like MANY others, became interested in chess when Fischer met Spassky. Similarly, the Laughlin rodeo brought biker issues to my attention. As a result, I came upon “Dave’s World 81” I think it was called then, or maybe just “Dave’s World” (it went through some changes). David Burgess churned out quite a body of literature, I recall, and the message board was constantly lit up with Black & White vs Red & White matters. If memory serves, it got a little too hot, and Dave moderated it down to next to nothing somehow. Then that episode was set aside and the site hosting was shifted to MySpace, where it consisted mainly road stories and pictures, including a pretty extensive run down of Dave’s brothel inheritance and the attendant legal circus. Overall I was pretty impressed by this guy in a number of ways. Then the Wyoming thing happened, and it seemed like he’d been abducted by aliens or something. What happened to him was so completely illogical and out-of bounds somehow it was like his life had been intercepted by some wholly other reality. He’d been snatched away by something that couldn’t possibly have happened, but did somehow.
    I’ve been trying to remember how I first came across Rebel’s site here, and now I’m thinking it was through some link to this Burgess article:

    http://www.agingrebel.com/2650.

    When I read it, it was fascinating not only because I was already somewhat interested in the guy, and nobody else was offering much about what was the deal, as it were (I mean, this is a VERY touchy subject), but I was just stunned by Rebel’s exhaustive pursuit of the matter, and his degree of comfort in the jungle of legal jargon. I then began to read more and more on this site, articles and posts, and eventually started littering the boards with my own 1 1/2 cents.
    I’m just flotsam in the wake, but what goes on here is more than simple entertainment. Stuff gets said, and taken care of, that wouldn’t happen otherwise. And, much of that is Rebel’s eloquent and tireless efforts on behalf of those already inside, and those in the path of the juggernaut of cultural cleansing that is sweeping through the streets of this country today. This I think is truly the spirit and the power of this site. So props to you, Rebel. You’re more than just a gifted, hard working writer, you’re a man with purpose beyond yourself, very rare in this world.

  21. IrishDragon Says:

    Rebel,

    Well said, put that bitch in his place! Keep up the great work.

    Much respect

    IrishDragon

  22. jrnr Says:

    Go Rebel!!!!! Fuckin’ straight!. Just another shit stain on here to troll.

    Go fuck yourself, you prick cop!

    jrnr

  23. Rebel Says:

    Dear recognize my stripes or jeopardize your life,

    You’re a bully and a foul mouthed moron. Dave Burgess is neither a child molester nor an afficianado of child pornography. Dave Burgess was framed and the evidence against him was manufactured. His defender should be prosecuted. After Burgess refused to take a plea deal his lawyer simply refused to prepare for the case. When Burgess found another lawyer and the money to pay for him the judge in the case refused to let Burgess use that lawyer. The police work was corrupt. The press coverage of the case was corrupt. The verdict was corrupt.

    The justice system was corrupt. And, Burgess was most of all framed and punished because, for several years, he was an annoying voice on the internet. If there is a single reason why Dave Burgess was framed, it was because he talked back. Personally, I identify with the guy

    I don’t know for sure who you are and I am not going to bother to find out. I do see that you are posting your comment from a proxy server in Germany. I don’t specifically know if you are one of the people who framed Dave Burgess or not. I suspect you are. You talk like one of the fucking freaks who framed him.

    I will tell you this you foul mouthed motherfucker. You should fear me. I can’t yet prove who framed Dave Burgess but I am working on it. I haven’t gotten a guy out of jail yet but I am working on it. I haven’t gotten a cop locked up yet but I am working on it.

    Let me be absolutely clear, okay? I don’t give a fuck about the FBI or any of its fucking task forces. I don’t give a shit about Homeland Security. And, I sure as hell don’t give a fuck about Wyoming DCI or that fucking ICAC. You guys all make Ciccone look like a fucking prince.

    Come on asshole. Run your mouth some more. I collect clues. Next time, why don’t you skip the proxy server and use your real name? What’s the matter? You lose your balls, tough guy? Fuck your stripes! I’m easy to find. Come and get me.

    Rebel

  24. recognize my stripes or jeopardize your life Says:

    Caretaker,

    When burgess gets out are you going feed him young boys? I hear that the hells angels have a Chuck E Cheese reservation. I don’t give a fuck about your brother. If I see that pedophile with his hand on a little kids ass, I’m going to take flight.

    Glenn,

    I bet you hold them in High Esteem, especially when you’re on your knees. You sound like a real 81 supporter, in the middle of an ha circle jerk. For you it was a good deal. You got a closet full of 81 support gear, and got cum drunk.

  25. Glenn S. Says:

    Big V, I’ve been to a couple of such events recently and loaded up on support gear. I didn’t see any BHC stuff but I didn’t look through everything they had. I’ll make inquiries next time I see certain people.

    Garth says: “The ha’s supporters on this blog are blood thirsty heathens and don’t give a damn about human life of man woman or child…”

    Garth, after the life I’ve led, there’s not very much left in the world that I support, respect, and admire. Church and state fell of the pedistal for me before I finished grade school. “Society”, with its whining and rule making, wasn’t far behind. 81 is one of the few things left that stands high in my esteem, both in general and in person. If you don’t like it, piss off. By some definitions, I might be a heathen. But the only blood I thirst for belongs to those who would do me or those I care for (certain men, women, and children) harm.

  26. Rebel Says:

    Dear Caretaker,

    For better or worse, this is mostly a free speech zone around here. It usually has to get a lot, lot, lot worse before I censor somebody.

    Rebel

  27. Caretaker Says:

    Garth-
    Go fuck yourself. We stand by our brothers,be they right or wrong. Can you say the same? Choke on a dick you piece of shit!

    No respect,
    Caretaker-1%er
    A.F.F.A
    Ps-rebel,you can delete this post if you see a need to…

  28. Garth Says:

    The ha’s supporters on this blog are blood thirsty heathens and don’t give a damn about human life of man woman or child. I wish you all a short ride and a long hard prison stay for your crimes against society. Good riddance to you all….

  29. Izzy Wildheart Says:

    Glenn! When you go to paypal to pay for anything that is in £ it will immediately convert it for you, it takes the money from your account in the currency necessary.
    Caretaker, Kevin’s address will be on the “Brothers in jail” page on the site as soon as we have it.
    Nihilist http://www.bop.gov is an inmate search site for Federal only.

    Yes, Kevin’s sentence was a travesty, but the truth seems completely irrevelant in cases such as these as long is someone or anyone is held accountable and sentenced then it’s donuts all round for the cops and lots of money for the lawyers.
    Thanks for all you do Rebel and for being the one that puts the truth out there.
    Respects
    Izzy

  30. BigV Says:

    Glenn: Easiest way is to go to a public party. Nomads, Spartanburg and Greenville always have support merchandise.

    I saw a free Spook shirt, don’t know if it’s official or not. I was wearing a Victims of RICO shirt and the guy stopped me and we spoke for about 25 minutes near Abbeville. Nice man, no bullshit guy.

    I don’t know any of their people, not a patchholder, not a supporter, just repeating what a seemingly decent fellow said.

  31. Glenn S. Says:

    Rebel, it would be great to know you had the funds to go on that ride you wrote about recently, or to be able to afford to go to the doctor if you ever piss razor blades. You’d be doing a service if you’d provide a lazy man’s/busy man’s way to just click and donate a few extra bucks from time to time. I’ve paid to read stuff that is not as interesting or important as what you write.

    Tricky Tramp, as an ex-convict who has not forgotten from whence he came, I have tried to purchase support gear from your Big House Crew website, only to find that the price is in pounds and not dollars. Is there an American currency version?

  32. Austin Says:

    You can just send people money – including Rebel – via Paypal, and also from some bank accounts like ING Direct with just the intended’s email. I used the rebel@agingrebel.com email address, to send a small $$ token of my appreciation since my schedule wouldn’t let me get to LA for a dinner/beers in person. He got the money although I don’t remember exactly if I used paypal or my bank. It was a spontaneous gesture, and not quite enough appreciation. I arrived at this site a couple years ago while fact-checking some wild & fantastic tales of adventure my ex was sharing with me. Turns out – it’s just the way business gets done in the industry – not fantastic at all. My wise friend told me ; Trust but Verify. My thanks to all the contributors here, and especially our host, for helping me do that.
    I’m staying for the entertainment if no-one minds…

  33. BigV Says:

    Goddammit. It’s Tricky Fuckin’ Tramp. We’ve asked before but you deny, TRICKY TRAMP ?

    Do it for a cheap Harbor Freight Lift, Rebel.

    Add a goddamn Paypal account or dead drop mailbox or carrier pigeon tag/location.

    Paypal account being easiest.

    PLEASE !

    -Felonious Monk
    aka BigV in NC

  34. Rebel Says:

    Dear Tricky Tramp,

    You’re the best. I’m fine until I am not. Your words are encouraging though and I appreciate them.

    I am working on a book I am sure you will find interesting, by the way, between the occasional post and Sunday motorcycle ride. With any luck at all it will be done before June. It is not so much that the book is easy as it is that the story is clearcut and straightforward. Out Bad was very involved, most of the information was hidden and the case is still not completely resolved. Dave Burgess, on the other hand, was just flat out framed. Out of malice. As a way for some cops to justify their existence and pass the time.

    Say hi to Izzy.

    Rebel

  35. Tricky Tramp Says:

    Yo Biker People.
    This is directed to all of Rebels Readers. Fuck Rebels protests, he has to let me publish this. The Bighousecrew.net will guarantee 81 dollars a month to Rebels Breathing account. This will enable that the biker world got at least One Voice Somewhwere. All you other club
    s there follow suit.
    Yo Rebel. Set up your paypal account so we your readers aint got to work so hard to help YOU!
    Respects Tricky Tramp HAMCLEW

  36. Nihilist Says:

    Nevermind…”federal charges against Augustiniak were dismissed…” sorry

  37. Nihilist Says:

    Caretaker–addresses for Federal Prisoners can be found using the Inmate Locator service at http://www.bop.gov

    I have to agree with OneEye’s assessment of Droban’s writing. That moron soooo wants to be a screenwriter of sensationalist drivel and outright bullshit. As bad as her book about 81s was, the one about the Pagans/Pagan’s was worse. I bought it without paying close attention to the author. Oh well, know thine enemies…

  38. M Says:

    anyway you cut the cake, a rude woman is dead……

  39. rollinnorth Says:

    Only those who were there know what went down. The government bought and paid for Kramer’s version, so that’s likely all we’ll ever know. Bad times all around.
    Thanks for the update, Rebel. Keep up the good work. I’ll keep clicking.
    Respect

  40. M Says:

    Why not just kick her out of the CH…. I’m sure it took real killers to take care of her mouth….. fuckin’ fools

  41. observer Says:

    Rebel: Thank you.

  42. Rebel Says:

    Dear Caretaker,

    I would have left Droban out of this story but I happen to agree with you.

    Rebel

  43. Rebel Says:

    Dear observer,

    Yes she did. Her death was both a depraved and sensational crime. The question is, would she still be alive if Michael Kramer had not been there?

    Rebel

  44. observer Says:

    Substance abuser or not, any way you cut it Cynthia Garcia got the worst of this deal.

  45. rollinnorth Says:

    We can only hope that old expression, “What goes around, comes around.” holds true for Kramer.
    Repect

  46. Caretaker Says:

    Damnit,i was really hoping he’d beat this. My sympathies to the club,kevin and kevin’s family. Droban,get your head out of your ass and shut your mouth. Your opinion is not fact and ruins lives.

    Rebel,if you can get me kevin’s mail info i’d appreciate it. Thanks.

    Respects,
    Caretaker

  47. OneEye Says:

    Kerrie Droban’s writing reads like a grade 12 creative writing assignment. I read something about her nursing a dream of being an author, and after reading her overly dramatic book Runnin’ With the Devil I would hope that she’s a better lawyer than she is an author. By the way, that book is in my pile of “get these out of my house” books. Oh well, never let the truth get in the way of a good (or bad) story.
    I can’t help but wonder how many times Augustiniak called Kramer, “brother” and vice versa.

  48. Glenn S. Says:

    So Droban says that her prejudiced guess is (or research suggests) that Eischeid was the villian-in-chief, and not the rat Kramer? That, right there, sums a problem up in a nutshell. The feds decide, for whatever reason, what happeened in any situation. No need for a trial. Just a negotiated punishment to give the lawyers something to do.

    Symphathies to Kevin, his brothers, and his family. I’ll let the legion of victims’ advocates of the world express symphathies and outrage re Garcia.

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