Judge John McMahon found the Hells Angels, of which Wagner was an executive in the Niagara chapter, to be a national criminal organization.
McMahon said he based his decision on the organization’s structure, colours, membership rules, fortified clubhouses and criminal activities.
The ruling is expected to have implications for other Hells Angels members on trial disputing criminal organization charges, including Niagara chapter leader Gerald Ward.Although Ward’s case is being dealt with separately from Wagner’s, the same judge will be reviewing almost identical evidence to reach a verdict.
That verdict is scheduled for Nov. 21.On Tuesday, Wagner was found guilty of instructing four people to commit drug trafficking and transferring of a firearm in association with a criminal organization.He had pleaded not guilty to the charge earlier this month, but guilty to trafficking cocaine and possession of $150,675 in proceeds of crime.He will be sentenced on all counts on Oct. 7.
Wagner has agreed to forfeit the cash, his truck, motorcycle and house, which has no equity.The criminal organization conviction can carry a life sentence.
Crown prosecutor Tom Andreopoulos asked that Wagner be sentenced to 10 years in prison, in addition to time served, credited as four years.
But defence lawyer Andras Schreck argued for a sentence of no more than nine years minus time already served, which he argued was worthy of six years’ credit.
“I feel humiliated and embarrassed,” Wagner told court during his sentencing hearing.
He apologized to his 23-year-old daughter and 19-year-old son, who were in court, along with his parents.
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