Daily Independent (Ashland, KY)

Local News

July 13, 2012

Attorney seeks to block testimony about ’07 shooting

LONDON, Ky. — The attorney for one of the defendants in a case involving what the government claims was a multistate motorcycle theft and money-laundering ring is seeking to prevent testimony regarding a 2007 fatal shooting in Boyd County linked to the investigation that led to his client and nine others being indicted.

Garis Pruitt’s pleading on behalf of his client, Mark Justice, 52, of Ashland, is among a flurry of pretrial motions filed recently in the case, which is scheduled to go to trial Aug. 6 in U.S. District Court in London.

In his motion, Pruitt, of Catlettsburg, argues allowing prosecutors to introduce testimony regarding the shooting, which resulted in the death of Gregory Allen Chapman of Ohio, would “have significant potential to prejudice” jurors against his client.

Justice wasn’t involved in the shooting, which occurred on March 7, 2007, at a house on Ky. 5. However, his son, Adam Justice, was. He was at the scene, drove Chapman to King’s Daughters Medical Center, where he was pronounced dead shortly after arrival, and was initially charged in the incident, although charges against him were later dismissed.

The shooting was first believed to be a home-invasion incident, but a subsequent investigation by the Boyd County Sheriff’s Department revealed it was related to an illegal drug transaction. Pruitt maintains the very nature of the incident could potentially bias jurors against his client.

Pruitt also said while he anticipated the government would argue Chapman was involved in the theft ring prior to his death, the circumstances surrounding his death “were entirely unrelated” to the charges against Mark Justice and his co-defendants.

“There is no evidence indicating the conduct of Greg Chapman and Adam Justice had anything to do with motorcycles, much less the concealment of funds derived from the transportation of motorcycles in interstate commerce, the topics at issue here,” he wrote.

Pruitt also said he expected prosecutors to argue evidence regarding the shooting should be admitted because the investigation into Chapman’s death led to the discovery of a motorcycle “chop shop” on Meade Springer Road believed to have been used in the theft ring. However, he urged the court to consider “other, less prejudicial evidence” capable of establishing that fact.

The 10 defendants in the case are facing a total of 18 charges. In addition to Justice, the others charged are Richard “Dickie” Meade, 64,  and George Ferguson, 53, both of Ashland; John C. Slusher, 58, Pineville; Shon Fields, 33, of Cincinnati; Robert Jason Chapman, 31, and Christina Bannigan, 31, both of Cleves, Ohio; and Robert “Trader Bob” Harris, 61, Margaret “Peggy” Harris, 60, and Matthew Harris, 38, all of Newport. Robert and Matthew Harris are the husband and son, respectively, of Peggy Harris.

The government alleges the defendants participated in a money-laundering conspiracy related to the interstate shipment of stolen motorcycles. Some of the defendants also are charged with money-laundering and possessing stolen vehicle parts with the intent to sell them. Additionally, Fields is charged with obstruction of justice for allegedly lying to the grand jury, Robert Harris is charged with making false statements to a federal law enforcement agency and Slusher and Chapman are charged with threatening witnesses to try to keep them from testifying before the federal grand jury that was investigating the alleged conspiracy.

The indictment lists four pieces of property  — two in Boyd County and one each in Bell and Campbell counties — the U.S. Attorney’s Office is seeking to have forfeited because it alleges they are proceeds of or facilitated the commission of some of the crimes alleged in the indictment.

Additionally, the government is seeking a monetary judgment of $2.5 million, which prosecutors believe represents the amount the defendants derived from their alleged criminal conduct.

According to the indictment, the defendants altered or obliterated the vehicle identification numbers on stolen motorcycles. They then allegedly transferred the titles to others, before selling them, to conceal the fact the bikes were stolen.

The defendants face maximum prison sentences of 20 years if they are convicted. However, application of federal sentencing guidelines would likely result in them receiving far less time.

KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.

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