Judge recommends charge dismissed in biker case

A U.S. Magistrate has recommended that obstruction of justice charges be dropped against an Atlanta man who headed the Outlaw Motorcycle Club’s operations in Georgia and Alabama.

Larry “Larry Mack” McDaniel and two others were indicted on federal charges for allegedly obstructing an ongoing FBI investigation because McDaniel closed down an affiliate club after he found out a member there was a government informant. But U.S. Magistrate Clay Fuller found that an FBI investigation did not qualify as a “proceeding” under which obstruction charges could be brought and recommended they be dismissed.

Fuller’s recommendation goes to U.S. District Judge Richard Story, who is presiding over the case.

“We are delighted with the ruling and are confident it will be sustained,” McDaniel’s lawyer, Don Samuel, said. “Not only is it legally impermissible in our opinion to charge the crime as it was charged, but he’s also factually innocent.”

McDaniel, Howard Brown and Sean King were each indicted for obstructing justice. McDaniel also was charged with being a felon in possession of a handgun. McDaniel has pleaded not guilty to that charge as well.

Federal authorities have said a leak of the government informant’s name abruptly halted a lengthy criminal investigation into a number of motorcycle clubs. About 20 other motorcycle club members face federal drug and weapons charges.

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