Stanislaus County Superior Court Judge Dawna Frenchie Reeves said defendants Brandon Ferrell, 18, Joshua Huggins, 17, Kurt Petersen, 22, and Larry Williams, 20, will have to return to the county lockup if they cannot post bail when they are arraigned May 22.Four young men suspected of assaulting a man in Graceada Park and who share an interest in an underground band called Insane Clown Posse must stand trial as members of a criminal street gang that authorities call Juggalos, a judge said Friday.Prosecutors allege that the men are gang members, rather than fans of a band whose lyrics are so raw they wouldn't be heard on mainstream radio, because they travel in a pack, share a common sign or symbol -- the cartoon hatchetman associated with the Detroit-based band -- and commit crimes. Defense attorneys say their clients are just young men who got drunk and behaved badly. The judge said there is enough evidence of gang affiliation to let a jury decide the matter.
"I am disturbed by the level of violence displayed by these young men on March 7," Frenchie Reeves said as she set bail for Ferrell, Huggins and Petersen, who have no records, at $90,000, and bail for Williams, who was convicted of assault as a juvenile, at $125,000.The defendants were released on their own recognizance in the midst of a four-day preliminary hearing last month because of a technicality. They invoked their right to a speedy trial before a prosecutor's scheduling conflict prompted a temporary suspension of the proceedings.Defense attorneys objected to the bail order, saying the previous custody ruling should not be reversed unless their clients violate the terms of their release. The defendants have come to court as required and have not gotten into trouble since they left jail and Juvenile Hall last month.Huggins, a minor, is being tried as an adult.The judge said she will order bail as soon as a prosecutor files formal charges, because there was no provocation for an assault on William August, 53, who was strolling in Graceada Park about 9 p.m. on a Saturday with his girlfriend and daughters, ages 17 and 11.
According to witnesses, Petersen ran up to August, asked to shake his daughters' hands, received a rebuff because he made the family uncomfortable, then returned about 10 minutes later with his friends, who toppled August and kicked him, breaking his leg in two places.The defendants, along with another man who has not been charged, were pulled off August by other Juggalos.A police officer told the court that fans of Insane Clown Posse have been hanging out in the park on weekend nights in recent months.If some of the Juggalos have formed a street gang, their presence remains small. Authorities have documented 38 Juggalos as gang members countywide. The district attorney's office could point to only four juvenile cases since 2001 in which people claiming to be Juggalos committed crimes.A gang investigator told the court about five local groups associated with a nationwide Juggalo movement: Modesto Family Klowns, Psychopathic Criminal Klowns, Juggalo Rider Bitch, Down 2 Party and Nothing 2 Lose.She could not place the defendants in any of the groups, nor could she say if the defendants' gang had a name other than Juggalo. She said some of the defendants have posted photos of themselves throwing hand signs for WC, or "wicked clown," on social networking Web sites.The defendants promised not to engage in any Juggalo activities, such as painting their faces in crazy clown makeup or hanging out in the park. They left the courthouse and avoided August, who attended the hearing and declined to comment.Defense attorneys said the young men have regrets.