The sweeping criminal conspiracy case against alleged members of the Hilltop Crips street gang withstood assaults from the defendants’ attorneys Thursday.
Defense attorneys had asked Pierce County Superior Court Judge Thomas Felnagle to dismiss the conspiracy charge – the crux of the case against the remaining two dozen suspected gang members.
Felnagle declined to do that but scheduled another hearing for May 21, during which prosecutors and defense attorneys again will argue over the validity of the charge.
Each of the 25 defendants is charged with conspiracy to commit 13 crimes. Most also are charged with a range of other crimes.
Defense attorneys have requested more specifics on the conspiracy allegation and during Thursday’s hearing told Felnagle they haven’t gotten them.
“We are still wondering what our individual clients did,” said Robert Quillian, who is representing Bryant Morgan. “This type of umbrella theory simply cannot stand the scrutiny of fairness.”
Defense attorneys also contended the prosecution’s conspiracy theory is not legal.
Deputy prosecutor Greg Greer argued the state has been providing the defense attorneys with information.
He also continued to back the state’s conspiracy accusation, arguing prosecutors believe the defendants were part of a street gang that exists specifically to commit crime in the community.
In the gallery, the defendants nodded and snickered as the attorneys argued.
In the end, the judge decided to continue the case as it now is structured.
“The state complied with its best shot on what they have available,” Felnagle said. “I believe we need to proceed to the next level.”
The next hearing will examine the specifics of the conspiracy case against each defendant.
“What I want to focus on is how definitive can the state get,” Felnagle said. “What is the bottom level of detail the state can provide, and I need to decide whether that is legally sufficient.”
Meanwhile, the number of defendants in the case continues to be whittled down.
Originally, 36 men were charged with criminal conspiracy and other crimes after a police crackdown in early February. Six have pleaded guilty; one has had his case dismissed; one has had his case moved to federal court; and one remains on the loose. Twenty-five others have pleaded not guilty and remain jailed pending their trial June 1.
Twenty-year-old Byron Hebert pleaded guilty Wednesday to conspiracy to commit a drive-by shooting, committing a drive-by shooting, first-degree robbery with a firearm and first-degree possession of a firearm.
Superior Court Judge Rosanne Buckner sentenced Hebert to 19 years, three months in prison, which was the high end of his sentencing range.
The conspiracy charge against two others – 30-year-old Randall Embry and 22-year-old Christopher Simms – was added to pending 2009 criminal cases involving the two.
In other developments Thursday:
• Felnagle granted defense motions against adding a new charge against two defendants. Greer had filed paperwork to charge Eugene L. Henderson, 35, and Jamal R. Henry, 27, with leading organized crime. Their attorneys objected Thursday.
“It’s too late to throw in another complicated statute,” said David Gehrke, who represents Henderson.
Felnagle agreed and said prosecutors could charge the two men separately with the crime.
• A new charge was added against William N. Terry, 21. He was originally charged with criminal conspiracy and theft of a motor vehicle. Prosecutors have added first-degree trafficking in stolen property.
A plea of not guilty was entered on Terry’s behalf Thursday.
• Prosecutors added a gang-related aggravating factor to several charges of several defendants.
The aggravating factor, that the crime was committed to maintain or advance his position in a gang, could add time to a prison sentence if the men are convicted as charged. All the defendants pleaded not guilty to the changes.
Stacey Mulick: 253-597-8268 stacey.mulick@thenewstribune.com blog.thenewstribune.com/crime Pierce County Superior Court Judge Thomas Felnagle
on his decision to continue the case of the alleged Hilltop Crips
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