Los Angeles, CA -- (SBWIRE) -- 07/03/2014 -- Attorney Jeff Voll Wins the Freedom of Man Wrongly Accused of Gang Assault Jeff Voll, criminal attorney in Los Angeles, California, was successful in seeking an acquittal of street terrorism and a mistrial of assault for client Army Captain David Moore. Moore, along with Sgt. Richard Rivero were accused of stabbing civilian Ali Joseph III at Mollies Pub in Barstow, California on April 25, 2011. The White House, Gangland and Pentagon became involved in this case shortly after the men were charged. Pentagon officials instructed the San Bernardino District Attorney’s Office not to offer any plea bargains because the men were Vagos Motorcycle Club members.
At trial, witness evidence showed that on April 25 a drunken Joseph was the aggressor who became angry with Moore, who talked to his date several times that night. Bartender Robin Stickley, on duty that night, testified that Joseph shouted, he “Wasn’t afraid of the Vagos and that he had beaten up a Vago in the past.”
Joseph testified that he and Moore exchanged words outside the bar. Moore and Rivero had left the bar on their way back to Fort Irwin and Joseph followed him outside. He said Moore stabbed him in the lower right area of the stomach gutting his intestines. Joseph then testified that he punched Moore and he fell to the ground. Rivero then punched Joseph. He contended he could see Moore out of the corner of his eye and that Moore stabbed him in the back as he lunged at him from the pavement. During Voll’s cross-examination, Joseph admitted he never actually saw a knife or Moore stab him.
In closing arguments, Voll argued to the jury that Joseph lied to police and to them. Moore didn’t stab him at all. Joseph actually stabbed himself along a jagged fence while running away from the men. Based on the evidence, the jury was deadlocked on the assault with a deadly weapon count. The judge declared a mistrial. On June 30, 2014, Voll will return to court to present a defense motion to dismiss the case. During that time, the Moore case may be settled for a time served misdemeanor.
Prosecutors had claimed that the men were involved with a criminal activity because of the Vagos Motorcycle Club involvement. Under California Street Terrorism charge, a street gang member participates in one of the 33 enumerate felonies. The state presented testimony from California Highway Patrol Officer Jeff Moran, a gang expert, that Rivero was a prospect for the gang based on three photos of him. In the photographs, Rivero was wearing Vagos “support gear”. Moran also admitted that Rivero was wearing no Vagos gear the night of the incident. He testified that Rivero had no Vagos tattoos. The jury rejected the prosecutor’s Street Terrorism claim in both of the men's cases.
Both Moore and Rivero were charged with assault with a deadly weapon with bodily injury and gang enhancement. The state claimed that the attack was committed on behalf of the Vagos Criminal Street Gang. They faced 17 years in prison. Moore and Rivero didn¹t testify. Rivero, defended by attorney Mike Scafiddi, was acquitted of all charges.
Voll is criminal law defense attorney in Los Angles admitted in 2001. He has never worked as a prosecutor or police officer. His focus has always been on defending clients regardless of the type of evidence the prosecutor may claim to have against his clients. In one 12-month period, he successfully had over 120 cases completely dismissed on all counts. These cases range from driving under the influence to drug possession and robbery.
About Jeff Voll
Jeff Voll was born in East Los Angeles California in 1965, during the height of the Civil Rights Movement. He attended elementary school, college and Law School in Los Angeles County. He has been practicing criminal defense law since 2001. With over 120 criminal cases completely dismissed in one 12 month period, he has an unbeatable track record of success for his clients who have been charged with committing crimes. For more information visit http://www.laduidefender.com/