Montgomery County judge dismisses charges against two Pagans bikers in Wawa shooting
Attorneys for Erik Dixon and Luke Higgins argued there was no evidence they had fired any shots during the encounter last fall.
Criminal charges filed against two members of the Pagans outlaw motorcycle club accused of provoking a shootout that injured six people last fall have been dismissed, officials said Wednesday.
Erik Dixon, 33, and Luke Higgins, 29, were charged in October with aggravated assault, conspiracy and related crimes for the attack, which police say took place as the Pagans targeted a rival club outside of a Wawa in West Norriton.
They were among nine Pagans implicated in the Oct. 17 encounter with the Unknown Bikers outlaw club, during which two bystanders were shot.
In a ruling handed down late Tuesday, Montgomery County Court Judge Risa Ferman dismissed the charges against the two without prejudice after their attorneys argued there was no evidence that they attacked anyone during the encounter. The two men, according to court filings, were riding with the group when the gunfire erupted.
Dixon fled the scene, leaving his motorcycle behind. Higgins drove away afterward and was arrested by Norristown Police.
Prosecutors declined to comment on the case, nor say whether they would refile the charges.
Dixon’s attorney, Abraham Hopson III, said Wednesday that he was pleased with Ferman’s decision. His client, he said, was simply at the wrong place at the wrong time.
“It was just a coincidence that the Pagans ran into the other club at the Wawa,” Hopson said. “[Dixon] thought they were going to get some gas, and then drive out to Bethlehem Pike to drink some beers and dance with girls.
“That’s what he signed up for.”
Higgins’ attorney did not respond to a request for comment.
After pulling into the Wawa on Main Street, the Pagans encircled the Unknown Bikers and began assaulting them, according to the affidavit of probable cause for their arrest. The group, prosecutors said, were after the “cuts” of the rival gang members, their denim vests bearing the club logo.
In the world of outlaw clubs, a biker’s cut is sacred and, therefore, a trophy sought by his rivals.
During the melee, the Unknown Bikers opened fire on the Pagans with two 9mm handguns in what prosecutors described as an act of self-defense.
Four of the Pagans were injured in the gunfire. Nearby, a man filling his tires with air was shot in the face as he dived for cover, and a woman smoking a cigarette outside the store was shot in the right side.
Another member of the Pagans charged in the shooting, Jason Lawless, pleaded guilty Monday to simple assault and conspiracy. He was sentenced to 145 days to 23 months in county jail.
The six other members of the club are scheduled to go to trial in May before Ferman.