Iron Order Held Blameless

April 16, 2019

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Iron Order Held Blameless

In a 33-page ruling published last week, a Philadelphia judge named Kenneth J. Powell Jr. reaffirmed his own decision that the Iron Order Motorcycle Club as a whole could not be sued for the homicide of Tonya Marie Focht in the parking lot of a bistro named the Bar-B-Q Pit in Lower Heidelberg Township, Pennsylvania on June 19, 2015.

Focht, a mother of two, had her head crushed after an Iron Order chapter sergeant-at-arms named Timothy “Munch” Martin pushed her under a moving car. Focht was trying to assist her boyfriend, Mark Groff. At the time, Groff was fighting with Martin and another Iron Order member named Wayne “Mo” Ritchie.

Martin and Ritchie were charged with disorderly conduct. Groff was charged with disorderly conduct and possession of brass knuckles.

Civil Suit

Focht’s survivors sued Martin and the Iron Order LLC. The complainants eventually hired a Philadelphia lawyer named Slade McLaughlin. After a years-long investigation, McLaughlin concluded that Martin and other members of the Iron Order at the Bar-B-Q Pit behaved the way the national club had trained them to behave. Iron Order members in widely separated locations have attacked members of other motorcycle clubs: Most notoriously the murder of Black Pistons Motorcycle Club Member Zachariah “Nas T” Tipton in Jacksonville Beach, Florida in June 2014 and the murder of Mongols Motorcycle Club member Victor “Nubs” Mendoza at the Colorado Motorcycle Expo in Denver in January 2016.

During the Focht civil trial last June, Powell ruled against the introduction of testimony from expert and fact witnesses, including former club president Raymond Lubesky, Donald Charles Davis and Russel Kolins; deposition testimony offered by Timothy Martin, Michael Crouse, Patrick Ward, Douglas Gottschall, Michael Petersheim; and proposed trial testimony by club officers Michael Crouse, Patrick Ward, Robert Ellis, and John Whitfield. Powell also refused to let the jury hear what he described as “a laundry list of incidents and altercations involving members of the Iron Order Motorcycle Club” because he thought the “evidence of incidents unrelated to the facts forming (Focht’s homicide) were not relevant. Even if this Court would have allowed corporate liability evidence against the national chapter, the jury would not have been permitted to hear ‘prior bad act’ evidence….”

Dismissed

Powell dismissed the suit against the Iron Order.

“This court could not allow appellant to twist and contort the meager facts of this case so that she could summon a reckoning day for motorcycle clubs, which is what she sought to do,” Powell wrote last week. “This is a case about a bar fight, involving a group of individuals acting alone, based purely on personal animosity towards each other, and nothing more.”

“With all of this personal baggage and animus between this group of people, it is difficult for this court to surmise how appellant believes this case represents anything more than personal bar fight that escalated,” Powell wrote.

Powell found “Martin accountable for $7,063,563.00.” It is unlikely that Martin, who by the time of the trial was unable to afford a lawyer, will be able to pay that amount.

Brian Grady, the Iron Order’s lawyer, told Max Mitchell of the The Legal Intelligencer, that the Iron Order “is ‘definitively’ a ‘law abiding club.’ The writings the plaintiff sought to produce, he said, are about the conduct of other, so-called ‘outlaw’ motorcycle clubs that may seek to clash with law abiding clubs, like the Iron Order.”

“Judge Powell painstakingly listened to all of the evidence and very thoroughly and thoughtfully made the correct legal decision,”

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30 Responses to “Iron Order Held Blameless”

  1. david Says:

    The reality of both the 50 State’s code of criminal procedure, and the Federal code, or rules, of criminal procedure is the rules FAVOR, the government all the time and in every criminal persecution case. Written in inequality, from the start.

    The defendant is purposely placed in an inferior and biased disadvantageous position.
    Yet, the defense attorneys don’t object to the un-level playing field called the Court-room.

    The dismissed Focht civil action against the IO was a Penn. state case, not federal.

  2. oldskewl Says:

    Letsbereal Says:

    “Though we may not like that IO has won another case the reality is case law has been set in Civil court that protects all clubs from a civil judgement as a whole”.

    So you’re saying a cop club with friends and connections to every alphabet agency in the country wins a case and now 3PP clubs will be held to the same standards?

    While I’ll agree that it may set a precedent for a mom and pop clubs or some goofy RC but the same standards don’t apply in the OMC world, if you think they do then you’re nuts or you just don’t have a clue about the life.

    All this did was apply the same set of rules that have been around forever, cops go free while the free thinkers go to prison. Maybe you don’t visit this page often enough to know, there are countless articles on here with 3PP going down with RICO and other made up BS and I don’t see Freddy getting a pass or anyone else with an OMC tag.

    The IO don’t give up an ounce of freedom when they wear their patch, can’t say the same goes for any other legit 3PP club.

    OS

  3. Surf Says:

    Can talk shit all you want. Still got away with it. Like always. Haters gunna hate. Haters everywhere in life. Doesn’t matter what you think is wrong or write. STILL GOT AWAY WITH IT. You can’t stop the black and white machine. And times are changing. Get used to it. Every has there ass clowns. And not everyone is a biker, Or outlaw. So keep you guys just starting shit, and we will keep starting shit, so we can all havefun.

  4. Letsbereal Says:

    Though we may not like that IO has won another case the reality is case law has been set in Civil court that protects all clubs from a civil judgement as a whole. That’s a huge plus when you really have to stop to think about it. The reality is all clubs at some point have had some sort of “ problem “ where a civilian or a member of another club has died or maimed in some fashion during club on club battles. Now the court is saying the Club as a whole can not be held liable for one of its members actions. This to me regardless of how it came about is a good thing for ALL clubs. Let’s also appreciate that another judge said the government can not take ownership of clubs trademarks, again a good thing for all clubs. We all know they will continue to try. @thinker how does one become a “ high ranking officer “ of IO and then later says got duped and became smart lmfao. You most likely got put out bad and went to Legacy going from drinking grape kool aid to Strawberry!

  5. Shovel Says:

    USCCA Member Level: Elite. “I was attacked, feared for my life and had to defend myself. Please send BOTH police and an ambulance to this location…I will cooperate 100%, but 1st I need my attorney.” Civil Defense & Damages Protection: $2,000,000.00 and Criminal Defense, Bail Bond Funding & Attorney Retainer: $250,000.00

    Are you smart enough to not talk yourself into jail when a snitch wearing a wire tries to get you to say you want a Glock .40 or meth or an undercover on this website tries to trick you into typing a threat involving explosives? If you are then you are smart enough to use a weapon and thereby qualify for that $250,000.00 retainer. Ride hard, ride FREE, and sleep in your own bed tonight hans. By the way if the other guy doesn’t need an ambulance then you haven’t finished taking care of business.

  6. panamaa Says:

    A lot of this Foghorn Leghorn shit going on around here again…..

  7. Thinker Says:

    @hans
    I am not sure I understand your comment. I assume you mean that you won’t speak to me because I am the “law” due to my previous affiliations. I guess I deserve that lol but I ain’t the “law” if I was I would not be here agreeing with you all. While you can certainly say IO is a cop club not every ex IO is Leo. Believe it or not. Some got duped into buying IO bullshit. Then they woke me. Like me.

  8. hans Says:

    @Thinker – I refuse to speak under the advice of my Attorney…. I do not speak to the “law” without proper counsel.

    @Hold_The_Phone – It will never change man. The people who try and uphold the Constitution will always be tossed to the dogs…………….

    The Fathers of this nation had to resort to meeting in Pubs for what they thought were rights that were all but wrong.

  9. SneakySnake Says:

    I see a “Bankruptcy” in Martin’s future! End of story!

  10. Ellis McPickle Says:

    Not for nothing but I wouldn’t any club being held responsible for the actions of a few. Either way FIO.

  11. Thinker Says:

    @RLG That won’t work. You don’t think they have any members who are FBI? That shit is washed clean, believe me, you won’t find anything.

  12. RLG Says:

    I should FOIA the IO FBI file for Rebel. Maybe we will have xmas in July…

  13. david Says:

    Maybe corporate liability for individual actions not being allowed to stand in the survivors’ civil case will not, or does not NOW, stand in a criminal case.

  14. Steel Says:

    Isn’t holding an entire club responsible for what some members do been the methodology used by the feds in prosecuting MCs? Yet, urine odor once again gets a damned pass. Unbelievable horseshit this is.

    Respects,

    Steel

  15. Kelt Says:

    Azzzz clown posers….LnR, Kelt

  16. Hold_The_Phone Says:

    Wait a minute…a few members of a real club get caught with some un-taxed personal use pharmaceuticals or get busted for a bar fight and instantly it’s RICO, RICO, RICO! The club is evil! When these shitbirds get busted, all of a sudden it’s “it’s not the club, it’s the individual!” When in the actual fuck?

    Consistency would be nice. Too bad this is a civil case in PA and not binding precedent for the feds when persecuting MCs.

  17. L-Frame S&W Says:

    This might be a good thing for the real MCs, when the fedcoats try to paint a club with the broad brush that an “outlaw MC” club is responsible for an individual member’s bad actions, and try to blame the club. Here the judge is blaming the individual responsible, instead of the club. Let’s turn this lemon into lemonade, and bring it up in every courthouse where the club is being blamed for an individual member’s actions.

    L-Frame S&W

  18. Igo Says:

    Just like everything else, if they keep randomly pushing buttons they will eventually push the wrong one and there will be serious consequences. Being a fake, and hiding behind a badge only goes so far.

  19. justbob Says:

    @ Paladin
    Yep

  20. Sieg Says:

    Ya know, Phuquehed, I wish you’d quit repressing yer feelings and just let it out!

    FTF/FTP
    TOSIAR

  21. Rotten Says:

    I have to wonder what department Timothy “Munch” Martin worked for? Fuckin faggot PIG clubs…

  22. Phuquehed Says:

    Figures, par for the course with anyone supposed to be on the side of ‘law’. Just another judge who sucked the dick of Urine Odor’s lawyer(s), listened to one side because it was all he needed. His corrupt shit-for-brains mind was already made up before court even started.

    The judge and urine odor lawyer(s) can go here: http://amishrakefight.org/gfy/ to enjoy your ‘win’, you air-wasting shit-holes.

  23. IronRider Says:

    The Urine Orod may think that this is absolution, it isnt, There bad ass act is wearing then not only with real MC’s but the public. If it wasn’t for real MC’s members abiding by the code to not talk to the cops, the Urine Odor would be enjoying prison shower time with their new friends in PC.

    Sieg said it there will be a ruling in the streets, it will happen because the Urine Odor boys think that they can keep hiding behind their law enforcement pals when they get in shit. Sooner or later someones isnt going to play so nice.

    The Urine Odor ought to stick to their SOA circle jerk night

  24. Thinker Says:

    As a former high ranking member of the IO ( I know I know, bring on the hate, but at least I realized and quit!) I can 100% say that the club as a whole does have an attitude, from the top down, that directly lead to this happening. That said, it’s chapter to chapter as to how they actually act towards other clubs and civilians. My chapter never had these issues but the club is full of phony tough guys who jump at the chance to prove it on a civilian.

  25. hans Says:

    Fukin pig wannabe cunt clubs…….F T P – F T F

  26. Drifter Says:

    quote from article…”Brian Grady, the Iron Order’s lawyer, told Max Mitchell of the The Legal Intelligencer, that the Iron Order “is ‘definitively’ a ‘law abiding club.’ The writings the plaintiff sought to produce, he said, are about the conduct of other, so-called ‘outlaw’ motorcycle clubs that may seek to clash with law abiding clubs, like the Iron Order.”” GFY

  27. Ben Says:

    He looks like a fag, out of a Village People lineup.

  28. 10Gauge Says:

    Fuck those punks.

  29. Paladin Says:

    “Powell found “Martin accountable for $7,063,563.00.” It is unlikely that Martin, who by the time of the trial was unable to afford a lawyer, will be able to pay that amount.”

    Focht’s survivors should strip this cunt of everything he owns and dog him for the balance for the rest of his life.

    Paladin

  30. Sieg Says:

    Unfortunately, no surprise.

    Eventually, the urine odor will face a ruling in the streets.

    FTF/FTP
    TOSIAR
    Fuck All Cop Clubs

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