Pike's Pub 6 will face a jury together, trial set for late May

ALLEN COUNTY, Ind. ---They stood in a row like obedient schoolboys, shoulder to shoulder, softly and deferentially repeating phrases like “yes, ma’am,” and “yes, your Honor.”

The men known as the Pike’s Pub Six were in court Friday in front of Allen Superior Court Judge Fran Gull to find out whether or not they would face a jury together in what is known as a joinder trial for the beating of James Simmons on May 30 at Pike’s Pub in Waynedale.

The 5-day trial is now scheduled for May 18-22 here in Allen County, with the first pre-trial hearing scheduled for Jan. 23.

From top left: Ryan Minick, Jerrad Impton, Doug Zuber. Bottom from left: Christopher Yoho, Justin Wert, Vard Warnock.

Only one of the six attorneys - all retained - objected to the joinder trial. Auburn-based John Watkins representing Ryan Minick of Fort Wayne said there was every reason to separate the charges and that Minick hired only him and not five other attorneys to represent him.

For further reading and viewing:

https://www.theprobablecause.com/post/pike-s-pub-defendants-in-court

https://www.theprobablecause.com/post/pike-s-pub-attack-what-we-know-now

Because Watkins was late to the hearing, having had legal business in another county, his objection came after all the other attorneys agreed to have them tried together.

There had not been a motion of severance up to that point, which, according to Indiana law “a defendant's motion for severance of crimes or motion for a separate trial” and that the motion “must be made before commencement of trial, except that the motion may be made before or at the close of all the evidence during trial if based upon a ground not previously known.”

This would be difficult, Allen County Chief Prosecutor Tom Chaille pointed out, because all six are seen together on a recorded video, a video that went viral once it hit social media.

“If there’s proffers later, that’s a whole separate issue,” Chaille told the court. A proffer would mean one of the six could testify against another or others in hopes of gaining an advantage.

Judge Gull overrode Watkins' objections and went ahead with the joinder motion.

The beating of a black man by six white men, all seen wearing clothing that identified them as members of the Outlaws Motorcycle Club, a criminal gang as noted by the U.S. Department of Justice, dominated the local media for at least a week.

Activist groups called for swift justice, particularly as one of the six men was heard to call Simmons the “N” word.

On June 11, the Allen County Prosecutor’s office charged six men with Level 5 battery resulting in serious bodily injury and misdemeanor criminal recklessness.  On June 27, the prosecutor’s office sought to add a criminal gang enhancement, which if convicted, could double the sentence.

Later, a third count for Felony 6 criminal gang activity was added.

The five men facing these charges are Douglas Zuber, 66, Jerrad Impton, 52, Christopher Yoho 42, Ryan Minick, 44, and Vard Warnock, 58, all of whom have Fort Wayne addresses in court documents. Justin Wert, 35, of Churubusco was charged with strangulation on top of the aforementioned charges.

There initially was a misidentification of one suspect, but it was quickly withdrawn and Warnock was charged instead.

Two Fort Wayne-based attorneys were retained. Travis Friend of Haller & Colvin was retained by Zuber, who was called “the money behind the bar,” in the probable cause affidavit. Ryan Gardner is representing Warnock.  

Watkins of Auburn is representing Minick and Impton, Wert and Yoho have retained attorneys from Indianapolis.

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