Prosecutors seek to dismiss charge against motorcycle club president

Paul Egan / The Detroit News

Detroit -- Prosecutors have asked a federal judge to dismiss the only remaining criminal charge against the national president of the Devils Diciples motorcycle club.

Jeff Garvin Smith, 55, of Mount Clemens, who heads the bike club that intentionally misspells its name, is scheduled to go to trial Nov. 3 on an indictment charging him with illegally possessing body armor after having been convicted of a felony.

Assistant U.S. Attorney Matthew Schneider, who is handling the case, declined comment today on why he asked U.S. District Judge Paul D. Borman to dismiss the indictment.

In a court filing Friday, Schneider told Borman he filed the motion to dismiss "to avoid compromising an ongoing investigation and because the interests of justice require it."

The government's motion came two weeks after Borman denied Smith's motion to dismiss the indictment. Prosecutors had argued against that motion.

An investigation continues into New Baltimore District Court Judge Paul Cassidy, a longtime friend of Smith's whose home and office were searched by the FBI in April.

Cassidy announced his retirement from the bench shortly after news of the federal investigation became public.

Prosecutors charged Smith and 17 alleged club members and associates with drug trafficking and false statement charges in early April, but dropped those charges later that month, saying the government needed additional time "to investigate the extent of the criminal act alleged and the participants in it."

Andrew Wise of the Federal Defender Office, who represents Smith, declined comment on the government's motion to dismiss the indictment.

Christopher Andreoff, Cassidy's attorney, said he has heard nothing from the government about the status of the Cassidy investigation.

The Devils Diciples are headquartered in Clinton Township but also have chapters in Ohio, Indiana, Illinois, Alabama, Arizona, California and England. The club was formed in 1967 and has about 100 to 150 members, according to an FBI affidavit.

pegan@detnews.com (313) 222-2069