Lesser Felony Charge Brought in Road-Rage Case

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Attorneys began closing arguments Monday in the trial of Oak View resident Archie Schaffer Jr., president of the Santa Barbara Hells Angels, after prosecutors told the court they didn't have enough evidence to convict him of making criminal threats in an alleged road-rage incident in Casitas Springs.

California - Outside the presence of the jury, prosecutor Derek Malan told Ventura County Superior Court Judge Patricia Murphy that the district attorney was instead charging Schaffer with the lesser felony of attempting to make criminal threats.

Schaffer, 35, also is accused of street terrorism, reckless driving, committing a crime for the benefit of the Hells Angels and using a firearm in the commission of a crime.

His attorney, Anthony Zinnanti, argued that changing the charge at this point in the trial would prejudice Schaffer's case. Zinnanti noted the criminal charge was amended after the defense presented its evidence and rested its case.

Murphy disagreed and allowed Malan to charge Schaffer with attempted criminal threats stemming from the Jan. 17 incident in which Schaffer and five motorcyclists exchanged words, leading to accusations by two of the motorcyclists that Schaffer threatened and pointed a gun at them.

During closing arguments, Zinnanti immediately pointed out the lesser charge and described it as a sign that the case against his client was weak.

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