by Cris Italia
Pagans rushed the entrance seeking to ambush members of the Hells Angels who were attending the annual Hell Razor's Ball. They entered with extreme force using knives, bats, and chains to cause as much damage as possible. Members of the Hells Angels did what they could to protect themselves and women and children who were also attending the event. Just moments into the fray, Raymond Dwyer, 39, of Oceanside opened fire into a crowd of Pagans, killing Robert Rutherford, 51, of Lancaster, PA.
"This was absolute self defense all along," said Dwyer's attorney, Michael Dergarabedian. "[The Nassau District Attorney's Office] could never prove it wasn't."
This was a rare occasion, according to the District Attorney's office, murder charges are seldomly dropped. "We can't prove beyond a reasonable doubt that Mr. Dwyer was not justified when he shot," said Nassau Assistant District Attorney Robert Hayden. Hayden confirmed that the shooting was indeed self-defense. Self-defense includes acting in defense of others who are being attacked.
"They basically had one witness who claimed to have seen him at the scene firing a weapon," Dergarabedian said. "But after the prosecution sighted that he acted in self-defense the murder charge was dropped."
Dwyer faced 25 years to life if he was convicted of the murder charge. Although the charge was dropped, Dwyer still faces a procession of weapon charge. "We negotiated a plea bargain in which [Dwyer] will spend no more than 18 months in prison," said Dergarabedian who represents the Hells Angels. "We put together a team of lawyers for this and now we are going to move on to phase two." Phase two includes the assault charges. Several members of both gangs were hurt, but there was just one unfortunate death.
Through the past few months, Dwyer was said to have remained calm and confident. "He understood the circumstances, but at the same time he knew if this case ever went to trial he would be acquitted of the murder charge," Dergarabedian said. "Of course there were times when you wonder if the justice system will come through, but he never really had a concern of whether or not he would be convicted."
