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Seattle police officer charged in Sturgis shooting

02:15 PM PDT on Thursday, August 28, 2008

Associated Press

KING

The annual Sturgis Motorcycle Rally attracts hundreds of motorcyclists to the town of Sturgis every year.

SIOUX FALLS, S.D. - Grand jurors have indicted a Seattle police detective, a Hells Angel biker he shot, and four other people following a bar fight at this year's Sturgis motorcycle rally.

Joseph McGuire, 33, of Imperial Beach, Calif., was shot and injured Aug. 9 at the Loud American Roadhouse by Ronald Smith of Seattle, 43, a vacationing off-duty Seattle police detective, authorities said.

Both men are charged with alternative counts of aggravated and simple assault.

The four other men charged are, like Smith, members of the Iron Pigs Motorcycle Club, a biker group culled from the ranks of law enforcement and firefighters. Dennis McCoy, 59, a Seattle police sergeant; Scott Lazalde, 38, of Bellingham, Wash.; James Rector, 44, of Ferndale, Wash.; and Erik Pingel, 35, of Aurora, Colo., were charged with carrying a concealed pistol without a permit and an alternative count of failure to abide by a permit of a reciprocal state.

McGuire and Smith also face those charges, and Smith is further charged with perjury.

"The grand jury must've decided that Mr. Smith, having taken an oath to testify truly, in a state proceeding, stated intentionally and contrary to the oath, a material matter which he knew to be false," Meade County State's Attorney Jesse Sondreal wrote in an e-mail to reporters.

The prosecutor said he did not want to comment beyond a news release in which he wrote that warrants will be served and no court dates have been set.

Ten people testified Thursday before the grand jury. On Aug. 10, 25 people appeared before the same panel, Sondreal wrote.

Smith, who said after the shooting he had been attacked, had clashed with the Hells Angels before. In 2005, he pressed misdemeanor charges against the owner of a Seattle motorcycle shop, Anthony James Magnesi, for threatening him over the telephone.

But the charges were dropped after Magnesi and his attorney, Paul Bernstein, played a recording of the call for city prosecutors. On the tape, Smith called Magnesi a "dirtbag," told him that being a member of the Hells Angels is a crime -- which it's not -- and said, "You better watch your back," Bernstein said Thursday.

The biker had called Smith after learning through friends that Smith had been asking about him. Magnesi was under no criminal investigation at the time, and had simply called the detective to offer to speak with him, Bernstein said.

"The detective just went bezerk, making all sorts of threats and being very angry," said Bernstein, a former city and county prosecutor in Seattle. "The detective, he's doing this intimidating, 'You're a dirtbag Anthony, don't be calling me.' It's the stuff you see and hear in the movies, but when it's real, it's chilling."

The Seattle Times has reported that in a column for the newspaper of the Seattle Police Officers' Guild, Smith frequently wrote about outlaw motorcycle clubs.

Smith was twice disciplined in 2005, first for taunting fans at a Seattle Seahawks playoff game and later after he was accused of threatening to shoot a Tacoma restaurant manager. The first incident resulted in a two-day suspension, the second with a letter in Smith's file.

He testified last year at a federal racketeering and murder trial involving members of the Washington Nomads chapter of the Hells Angels.

The Seattle Police Department released a brief statement thursday, saying "The Seattle Police Officers' Guild (SPOG) has been made aware of the findings of the Meade County Grand Jury surrounding the events which occurred in Sturgis South Dakota on August 9th of this year. We are certain that once all the facts are known, the involved SPOG members will be vindicated and absolved of any wrong-doing. Until that occurs, we are heartened by the news that Detective Ron Smith is recovering from his serious injuries and that no other parties were injured except for Detective Smith and his alleged assailant."

"We would also encourage members of the community to remember that mere charges do not imply guilt and that the involved officers are innocent until proven guilty."

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