Spokane – A federal appeals court has upheld the 2007 racketeering and conspiracy conviction of Richard “Smilin’ Rick” Fabel, who at the time was the president of the Spokane-based chapter of the Hells Angels.
While upholding the jury verdict, the 9th U.S. Circuit Court of Appeals vacated a 90-month prison sentence given to Fabel in September 2007 by U.S. District Court Judge Robert Lasnik, of the Western District of Washington.
Lasnik presided over the 10-week trial in Seattle of Fabel and three other members of the outlaw motorcycle gang.
No date for resentencing had been set Thursday.
Lasnik erred in calculating Fabel’s “offense level” when the court determined an extortion victim in the racketeering conspiracy had a loss exceeding $10,000, the appeals court ruled.
Assistant U.S. Attorney Mike Lang urged the court to impose a 10-year sentence and said last week he will renew that recommendation when Fabel is resentenced.
Fabel, 51, is being held at the Federal Correctional Facility at Terminal Island, Calif.
Police say burglar didn’t make it far
Spokane police say they caught a residential burglar just minutes after the crime occurred Wednesday night.
Officers arrived at the home in the 600 block of East Cozza Drive about 7:10 p.m. after a neighbor reported seeing a man kick in the unoccupied home’s front door.
When officers arrived, Jesse W. Moore, 24, ran out the front door before being arrested near the intersection of North Dakota Street and Sitka Avenue, police said. Police found a pillowcase with items from the burglary along the path Moore ran, according to a news release.
“Once placed inside a police car, Moore began violently pounding his head against the windows and would not stop,” according to the release. Officers restrained his legs and transported him to the Spokane County Jail. He was booked on charges of residential burglary, obstructing and resisting arrest.
Driver sought in hit-and-run
A driver and passenger suffered serious injuries in a crash at Third Avenue and Stevens Street early Monday, but the driver who caused the accident drove away, and police are asking for help finding a suspect.
Witnesses described the suspect vehicle as a silver, foreign-model sedan like a Honda or Toyota, Spokane police said. The airbags on the car deployed, and the vehicle had extensive front-end damage.
The victims have been released from the hospital, according to police.
Last week, two men were struck by a black Chrysler PT Cruiser near Regal Street and Wabash Avenue that hadn’t been located either.
The car dragged one of the men for about half a block as it sped northbound on Regal.