Wednesday, March 5, 2014

SAN BERNARDINO: Charges dismissed against Vagos president

San Bernardino County prosecutors dismissed charges against the Vagos Motorcycle Club President Tuesday, stemming from an October raid.
Pastor Fausto Palafox, 47, was charged, along with two other Vagos members with stealing a motorcycle, possession of stolen property and participating in a gang.
Palafox and the other club members, Cesar Joaquin Rodriguez, 35, and Scott Randall Rivera, 46, appeared in a San Bernardino courtroom Tuesday morning.
Rivera and Rodriguez were both ordered to attend a preliminary hearing Feb. 14, but prosecutors moved to dismiss the charges against Palafox “in the interest of justice.”
The three men were among 10 people arrested during a raid by the San Bernardino County district attorney’s office and Department of Justice at multiple locations throughout the county. Authorities served 52 search warrants and also seized drugs and weapons.
Following the raid, San Bernardino County prosecutors charged five people in the raid. One person has pleaded guilty to felony marijuana possession for sale. Another charge for possession of body armor was dismissed.
Joseph Yanny, an attorney for Palafox and the Vagos club, said the raid wrongfully labeled the club as a gang. He said Palafox had no criminal record and was “a decent man.”
“It’s unfortunate things have gone as far as they’ve gone. It would be better if this had not happened at all,” Yanny said. “But sometimes these things have to occur for people to see what’s going on or what’s not going on.”
San Bernardino County district attorney’s officials did not comment on Palafox’s case specifically. They stood by the raid as a success that took unrelated drugs and weapons off the street. Prosecutors previously described the club as a violent gang, when the arrests were announced.
Yanny said none of the drugs or weapons was related to the club, which does not condone violence or illegal activity. He said the stolen motorcycle charge was a result of a civil dispute following a sale between members and the victim did not want to press charges.
Vagos members were previously targeted in a March 2010 raid in Riverside County. The Vagos filed a lawsuit claiming defamation of character in that case, prompting an apology by Riverside County officials.
Yanny said San Bernardino County was following a similar course, but did not say a lawsuit was planned.

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