Biker shot in SF faced county assault charges

The leader of the San Francisco Hells Angels motorcycle gang who was shot to death in a fight this week was facing prosecution in Sonoma County for the beating of a man outside a Petaluma restaurant.

Mark "Papa" Guardado, who was killed Tuesday night in the Mission District of San Francisco, was awaiting a preliminary hearing in the Feb. 10 felony assault outside McNear's Saloon & Dining House.

Along with co-defendant Jonathan Nelson of Healdsburg, vice president of the Hells Angels Sonoma County chapter, Guardado had unsuccessfully argued he should be allowed to wear club insignia to court.

He said a bailiff's refusal to allow him to enter the court wearing Hells Angels' attire was a violation of his First Amendment rights to free expression.

San Francisco police said Guardado was killed Tuesday in a struggle with a man who pulled a gun and rode off on a motorcycle.

His Sonoma County attorney, Patrick Ciocca, said Thursday he was devastated by what happened to his client.

"I know a lot of other people are, too," Ciocca said. "He was a good person who was loved by a lot of people."

In the February incident, Petaluma police said Guardado and Nelson punched and kicked a man who bumped Guardado before leaving the downtown Petaluma restaurant.

Sgt. Jim Stephenson said the victim was knocked unconscious but suffered no permanent injuries. The motive was unknown, and the victim did not appear to be a member of a rival motorcycle group, he said.

"It's like any gang," Stephenson said. "It's all about fear and intimidation."

He said prosecutors would seek multiple gang enhancements that could add time to any prison sentence if Nelson is convicted.

More recently, Guardado had been involved in a fight outside Pete's Henny Penny Restaurant in Petaluma, Stephenson said. The victim in that case did not file a complaint and there were no arrests, he said.

Judge Ken Gnoss in July prohibited Guardado and Nelson -- and their supporters -- from wearing Hells Angels garb in court, saying it is intimidating.

In their first few court appearances, the two men were told by Sheriff's Department court bailiffs that they couldn't enter the courtroom wearing clothing the bailiffs believed to be "gang attire."

The men opposed the move and in May each filed $5 million claims against Sonoma County alleging their constitutional rights to due process and freedom of expression were violated.

Gnoss ruled Guardado and Nelson could not attend court wearing the "Death Head" winged, horned skull that is the group's trademarked logo or red and white clothing that openly promotes the group.

At the time, Nelson's attorney, Martin Woods, argued that the attire is protected speech under the state and federal constitutions. He said a ruling prohibiting the men from wearing club regalia or certain colors is "over-reaching" and has no basis in law.

On Thursday, Petaluma Police Capt. Dave Sears said it is ridiculous to view members of the Hells Angles and other similar motorcycle groups as anything other than gang members.

"Their allegation is they are just a motorcycle club," Sears said. "But Kiwanis members don't kill Rotarians in bars."

You can reach Staff Writer Paul Payne at 762-7297 or paul.payne@ pressdemocrat.com.