Maloney Trial Day Four

April 3, 2014

All Posts, News

There was more prosecution testimony today in the trial of David Maloney. Maloney was accused of murder and attempted murder after a three minute gun fight in the parking lot of a Veteran’s of Foreign Wars Hall in Winter Springs, Florida in September 2012.

The murders seem to be incomprehensible to anyone who does not have some knowledge of the prideful, violent, honor and testosterone driven, sometimes Faulknerian and frequently stupid world of motorcycle outlaws: Which is to say the murders are obviously incomprehensible to the Florida reporters covering the trial who keep reporting over and over that Maloney started an offshoot of the Warlocks Motorcycle Club called the Philly Warlocks. And, if the reporters don’t get it the jurors don’t get it either. So, it is impossible to handicap a verdict.

It is incontrovertible that five members of the Warlocks Motorcycle Club rode into the VFW lot carrying a donation of $800 and members of another club with the same name lit them up without any immediate provocation. Maloney is arguing that he acted in self-defense, by which he and his lawyer mean that Maloney and his club brothers were driven by paranoia. They have attempted to convince jurors that it isn’t paranoia if you really do have enemies who are out to get you. Maloney is being tried in the same courthouse where a grown man named George Zimmerman was found not guilty of murdering a black teenager named Trayvon Martin on account of Zimmerman’s paranoia.

Dyess And Dula

Three men named Harold “Lil Dave” Liddle, Peter “Hormone” Schlette and Dave “Dresser” Jakiela were mortally wounded within seconds of entering the VFW driveway. None of the three were carrying firearms although they all do seem to have been armed with sticks and blades, as motorcycle outlaws are always armed with something. Two other men named Brad Dyess and Ronnie “Whiteboy” Mitchell were carrying guns and they survived.

Dyess testified today that he survived by shooting back. After seeing Schlette (photo above) executed Dyess testified he pulled out a gun of his own. “I fired two more shots to keep me from being shot at and give me a chance to get over the wall,” he told jurors. Dyess quickly came under fire from Maloney and two other members of the other Warlocks who hid behind a truck. “I saw him (Maloney) come out the door (of the VFW Hall) and pull a pistol and he dove behind a truck over there,” Dyess testified.

Maloney’s defender, a guy named Michael LaFay wanted jurors to know that Dyess put bullet holes in the truck behind which his client hid. He showed the jury photos and compelled Dyess to answer the incredibly fatuous question, “That is the S-10 truck that you identified Mr. Maloney, Mr. Smith, and Mr. Ekard at, is that correct?.”

Another witness, an undercover police sergeant named Bradley Dula testified that Maloney, had indeed avoided being shot by hiding behind the truck, and confirmed the prosecution’s contention that Maloney was wearing a bullet proof vest. “You could see through the shirt that he had a bullet-proof vest on,” Dula testified. The prosecution implied that Maloney could not have been acting in self defense because he was wearing the vest. The jury was then shown the vest.



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23 Responses to “Maloney Trial Day Four”

  1. Ol'Goat Says:

    “It’s impossible to handicap a verdict”?
    Great writing.

  2. Rahlow Says:

    @ Glenn S,
    I think we are in the same geographical region. I’d like to sit down and chat with you, over yer beverage of choice, we could discuss this trial going on in Florida and Save the Patch “movement” (for lack of a better word). I’m gonna just put my email out here if you care to contact me,,if it’s a no no I guess Rebel can delete it.

    Club life is changing, or at least the environment surrounding club life is.
    I feel clubs, all clubs, are faced with a very fine line when it concerns how they handle their business in the environment of the general public.

    Respect to the deserving

  3. Glenn S. Says:

    I believe your analogy is flawed, Paladin. On the one hand, there is an effort on the west coast to raise funds and public awareness about government persecution of motorcycle clubs. Some clubs are a part of that particular effort, some are not, for whatever reason. I haven’t asked anybody that would know why this is, and I won’t because it is none of my business.

    On the other hand, there is a criminal trial happening in Florida where members of one motorcycle club are being tried for killing members of another motorcycle club. If space aliens appeared and asked me what a criminal trial is, I’d have to answer that, on Earth, there are a bunch of gangs called “governments” that seek to control everybody and those efforts at control include the demand that they referee every single conflict and impose a punishment of their choosing. I’d have to point out that the results of these efforts to referee, called “trials”, are often unjust, based on personal animosity on the part of the government, and that the government pretty much controls the entire process. The aliens might ask why we tolerate this and I’d answer that not all of us do, and some of us refuse to participate in the process. (At that point, the aliens might whip out their phasers and shoot me, because non-conformists get the death penalty by their rules but who knows).

    In the Florida case, the government might, or might not be engaged in the pursuit of justice, might or might not be using the trial to gather intelligence, might or might not be playing one side against the other for reasons unrelated to the shooting, one can only look at common practices of the government to try and guess their motives. It wouldn’t surprise me one bit if the government sends the defendants to a prison where they are certain to be killed, so they can later prosecute the killers or entertain themselves or retaliate against the defendants for something unrelated to this case. Or they might threaten to send the defendants to a particular yard to turn them.

    I’ve been told, by my friends, that I love logic to the extreme and sometimes fail to consider the emotions involved in particular situations. I’ve also been told, by certain acquaintances, that I should let go of “criminal values” if I’m gonna claim to be law abiding. But experience has taught me that the government is like a camel, and if its nose gets in your tent, the whole damn camel will soon be eating at your table, fucking your woman, and sending you out of the tent to get more of what it wants, whether you are law abiding or not.

  4. Paladin Says:

    Glenn S.,

    There was no intentional bait in my post. I believe you posted that you really wanted to hear thoughts on your posted topic. So, I put up a post on what I thought / think, based on what I see and what I’m not seeing. I readily admit that the last part of my post was off your intended topic, but thought it had some relevance, based on how one tactic can be modified to work equally well in two different arenas.

    I do have a pending appointment with my optometrist for my yearly eye exam. If I’m prescribed new glasses, I very well may see things differently. And, let’s not forget the very real possibility that I’ve totally misread your entire post. If this is in fact the case, I apologize. My reading comprehension skills may be fading with the advancement of age.

    Long May You Ride,


  5. Glenn S. Says:

    Apples and oranges, Paladin. And I won’t rise to the bait.

  6. Paladin Says:

    Glenn S.

    I think what we’re seeing is; “the enemy of my enemy is my friend” tactic at work. In a way, the same tactic is being worked against the Mongols. The difference is; The Florida Warlocks are taking an active role, where the MCs that refuse to help Save the Patch, participate through their abstinence.

    Long May You Ride,


  7. Glenn S. Says:

    Yes, this a valid topic on a website for members and supporters of 1% motorcycle clubs, and supporters of the 1% lifestyle, IMHO (emphasis on the last acronym). Having said that, does anybody think a trial is anything but a pig circus (to paraphrase Bob Dylan)? Does anybody think one particular trial is a search for truth and justice when others are pig circuses? Does anybody here really think participating in the sham that masquerades itself as a “criminal justice” system is, in any way, the right thing to do? Does doing so not represent situational ethics more than a principled stance even, especially, when strong emotions are involved? I’m not being a smartass, I really want to hear thoughts on this topic. As a still relatively new biker, I’ve always respected the principled stance of: “real bikers don’t cooperate with law enforcement–ever”.

    One might be compelled to show up in a courtroom and take an oath to tell the truth. In such a case, if one took the 5th, it might or might not pass the laughability test. But one cannot be compelled to posses the memory needed to recollect past events with the certainty a man of conscience would need when his words have consequences for others, friend and foe alike. Just my .015.

  8. Metal Dave Says:

    It never fails to amuse me when people who clearly eat up their side’s media spin accuse dissenting opinions of “bias”. Pro-tip: Both sides freely engage in spin and failure to see that pretty much means you’re stuck in the molasses, whether it’s the Hannity Fasco-Brand or the “lamestream” commie traitors. That whole Zimmerman dogshit was a freakin’ case study in how one event can get worked like a twenty-dollar dope whore, christ…
    Sorry for the off-topic rant, just kinda riffing off CN’s post above mine. Rebel is pretty much a cat I DON’T think of when I get out my “political agenda merchant” list…

  9. CN Says:

    Imagine for a moment that there’s an unseen hand in all this. A puppet master if you will. Anyone who has been to an event where a government hated organization is running things knows damn well there’s likely a spook around every corner. The marked squad cars, window tinted SUV’s/RV’s, the helocoptors are the obvious players but far from the totality of what’s really there. I’m having a really hard time with the notion that there isn’t real time footage of all this and a dozen or more Feds/Cops milling about who, as far as I can tell, have not given very much testimony and the more they are involved in instigating something the less likely they are to take the stand. This shit didn’t just happen to happen. There has to be history here not that we are likely to ever hear or see any of.

    @ L Frame S&W: This is the 2nd time I’ve seen you comment here and hijack the topic away from the story line. Ask anybody, I don’t normally call BS on anyone here but your agenda seems to have very little to do with our Culture/Heritage/Cause much less the story line at hand. I’m sure where there’s blogs where the 2nd & “the lame stream media” are discussed ad nausium. When Sarah Palin rode on the back of that Harley in Washington that was a PR campaign, Sarah Palin isn’t a Biker, she’s a tool. The NRA is a PAC, they don’t ride in a pack. And, if you don’t like what the author of this blog has to say about a way of life you have demonstrated that you know nothing about, STFU. You might actually learn something because trust me, you aren’t educating anyone here. After your 1st attempt at joining the discussion I tried to play nice. I’m a gun smith, former Marine Corps rifle marksmanship instructor and collector all of which has zero to do with this story. Suggest you buy a copy of Out Bad by the author of this blog and educate yourself before you try to correct a man who has devoted himself to bringing out the truth about the saga many of us must contend with 24/7. Thank you & have a nice day.

  10. Sieg Says:

    Meh, there is a difference between taking the Fifth when you are a defendant, and refusing to testify in court.

    The Fifth, to my understanding, doesn’t really apply to a person testifying, unless of course their testimony would be on the lines of “I know he didn’t do cause I did”. That said, as my lawyer tells me continuously, there are only three possible answers to any question under oath; “yes”, “no”, and “I can’t recall”. Naturally, there are always gonna be circumstances when a person, or maybe even a club, decides that it’s better for someone to give some testimony, whether in the hopes of influencing the outcome in their favor, or gathering intel, or whatever.

    I’d hafta say for myself, and I would bet it’s where H&P is coming from, is like they say in the Chi, “I don’t know nothing from nothing”.


  11. RLG Says:

    I think Jim666 asks an important question.

  12. Paladin Says:

    An affirmative defense is required when making a legal claim to self defense. In other words: The claimant needs to explain to a jury or judge, why he/she did what he/she did, when he/she did it. To do otherwise, casts the shadow of doubt over the claimant.

    When the shooting started, Maloney was in the VFW building, and therefore not directly threatened with death or grave bodily harm. After the shooting started, Maloney made the decision to leave the safety of the building and join the fray.

    Maloney’s attorney could possibly use the “defense of others” facet of the self defense claim, but based on the fact that Maloney was wearing a bullet resistant vest, speaks to Maloney’s anticipation of a lethal confrontation.

    The Courts use the “reasonable person” standard when assigning responsibility to a party or parties involved in a legal proceeding. A person or person’s prior knowledge will also be examined. The question will be: Knowing what Maloney knew and anticipated (by wearing a bullet resistant vest), would a reasonable person have kept the fund raiser on calender, or would a reasonable person have cancelled the event and tabled it to a different time and place?

    Long May You Ride (to those that deserve to),


  13. L-Frame S&W Says:

    Rebel, you didn’t offend me a bit.

    As a LTC holder, I have a hard time with the media bullshit about GZ (and their constant anti-gun rhetoric). I listened to the tapes, not the ones edited by the lamestream media, but the full tapes. My take on it was when dispatch told GZ he didn’t need follow TM, he said OK, then it sounds like he is walking back to his car. TM was on his father’s doorstep talking to his GF, and she told him to go inside, instead, he went “creepy lookin’ cracka” hunting. If he had gone inside, he would still be alive today. Whether he was a “punk” or not makes no difference now.

    I think you and I will continue to disagree on what happened that night, but there is no more information to be had on what really happened. So, agree to disagree?

    I will continue to read your posts, and comment where I feel I should, and NOT comment where I feel I shouldn’t.

  14. Rebel Says:

    Dear L-Frame S&W,

    I am sorry to have offended you. Unfortunately I offend people every day.

    I believe George Zimmerman decided that his neighborhood had a serious problem that only he could solve. So he appointed himself as a sort of unofficial cop to go solve the problem that was in his head. In order to protect himself while he was a hero solving the problem in his head he carried a pistol. He spotted an example of the problem in his head. He saw a black kid, who I understand was probably an asshole, and he literally pursued that kid until he was able to make the problem in his head real. I think psychologists call that a self-full filling prophecy. Then Zimmerman popped the kid. And, I understand that Zimmerman was getting his ass kicked at the time.

    I still think my anology between Zimmerman and Maloney is valid. All Zimmerman had to do was stay in his car. All the Harpy Warlocks had to do was talk first and shoot later when there was a real, actual threat. I still think the two murders are connected by irony. I think it is particularly ironic that Maloney is being tried in the same court house where Zimmerman was tried. I regret you disagree but that won’t be the worst thing that happens to me today.

    Please continue to read. You might like the next thing I write better.


  15. Meh Says:

    “I’m confused why anyone isn’t invoking the fifth amendment “as to not incriminate thyself”

    Because to many jurors that translates to “I’m guilty so I ain’t talking” which would not logically accompany a claim of self-defense.

    The lawyers in the group may weigh in (it would certainly be interesting) on the utility of taking the Fifth in different situations.

  16. One Eye Says:

    In all of theses incidences that occur-Laughlin, Sparks, the Wedding Chapel, the VFW-I see these overt acts of violence and it’s not difficult to understand how John and Jane Q can be spoon fed by the media to believe M/Cs are, for all practical purposes, sociopaths. I understand clubs aren’t going to hold hands and sing “What A Wonderful World,” but I would think that the “Save The Patch” campaign might have a little more credence if the open acts of hostility weren’t in public places. It’s difficult to spin a situation when a parking lot is transformed into the OK Corral. Fighting a fire is much easier when it’s not being fed and incidents like these seemed to be the precursor to the non-association laws in Australia. I know I’m not a PHer, but it’s just an observation from someone who watches.

  17. Hated and Proud Says:

    I’m confused why anyone isn’t invoking the fifth amendment “as to not incriminate thyself”

  18. Hated and Proud Says:

    Here is an interesting twist to the new Florida law plan, intended to revise the self-defense (or stand your ground) law. This was approved just yesterday (Thursday)

  19. Road Whore Says:

    And as we’ve been discussing on “Maloney Trial Continues,” this is the issue that has to be resolved in order for Save The Patch to be effective:

    “…the prideful, violent, honor and testosterone driven, sometimes Faulknerian and frequently stupid world of motorcycle outlaws…”

    (Rebel’s quote from above.)

    Ride Free

  20. Jim666 Says:

    Why are “ANY” Patch Holders testifying ?

  21. rollinnorth Says:

    L-Frame S&W,
    I get the sense you have not been reading Rebel’s work for long.

    Thanks for keeping us informed of this strange case. Keep up the good work.


  22. Rahlow Says:

    What I dont understand is why its not been stressed that the deceased were shot while still on their motorcycles? Pictures of the crime scene the day of the murder show their bikes not in parking places but in the driving “lane” of the parking lot. God damn it aint hard to see they were ambushed as they rode in.

  23. L-Frame S&W Says:

    “Maloney is being tried in the same courthouse where a grown man named George Zimmerman was found not guilty of murdering a black teenager named Trayvon Martin on account of Zimmerman’s paranoia.”

    Rebel, we will never know the circumstances that led to George Zimmerman shooting Trayvon Martin, but all the evidence submitted indicates that George Zimmerman acted in self defense in that shooting.

    Since then, Mr. Zimmerman has acted like an idiot, painting himself as a complete fool, but, in his defense, the media is looking for any excuse to show he is a vigilante, bent on shooting any black man that crosses his path.

    Rebel, I would expect better from you, given your experience with media bias, to not believe the bullshit the lamestream media spews, than your comment about GZ murdering TM.
    rant off

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