ROAD BLOCK'S BATTLE

FOR FREEDOM CONTINUES

 

     What would you do if you were falsely accused, prosecuted and punished for killing a person you didn't even know?

What if a prosecutor continued with that action even when homicide investigators told him he had the wrong man on trial?

What if repercussions from that bogus trial lasted over thirty years, and prevented you from ever being free?

 

        On April 25th, 1975, in Volusia County Florida,  David W. "Stoney" Adamson's body was found floating in the Tomoka River.  Adamson had been shot in the neck, slit from his chest to the abdomen, and dumped in the river with a concrete block tied around his neck.  The Homicide investigation failed to turn up sufficient evidence linking anyone to this brutal crime.

Two years later, in early 1977, Harold Gabriel, an ex-Outlaws member from the Daytona chapter (on the run for crimes he committed in Volusia County) was hiding out in Arizona.  Gabriel contacted law enforcement with a story about the death of Adamson, hoping it would allow dismissal of the charges against him so he could return home to Daytona.

Gabriel claimed that during a party in Orlando, Roadblock personally told him that he had shot Adamson. Gabriel also told the investigators that at one point Roadblock sent him out to his van for beer.  When he opened the van's door, he saw the dead body of an associate nicknamed "Shrimp".   Gabriel elaborately described Shrimp lying dead on his back with coagulated blood on his chest, one shoe on and one missing.  Gabriel further told law enforcement agents that Roadblock had killed a club hang-around named Ross Ewen during this same time period.

Based on Gabriel's dramatic story, Roadblock and fellow club member Thor Hansen were arrested and charged in September 1977 with Adamson's 1975 death.   The two men found themselves scheduled to begin trial  in 1978 for first-degree murder in the shotgun slaying.   Judge Uriel Blount was assigned to conduct the trial , and Assistant State's Attorney (ASA) Horace Smith was to prosecute the case.

Roadblock's attorney Robert Willis quickly presented evidence in court that not only was Shrimp alive, but he had been incarcerated in the Volusia County jail after the date Gabriel claimed Roadblock killed him.  Furthermore, the third supposed victim Ross Ewen also turned out to be very much alive. 

Assistant State's Attorney (ASA)  Smith, however, already knew Ewen was alive and was an eyewitness to Adamson's murder.   Ewen, in the U.S. Army and stationed in Germany,  first testified to CID investigators that a man calling himself Tim Jones/ aka Garbage had  killed Adamson.  He told them that he was at the boat shop when Adamson was killed.  He heard a shot and saw Tim Jones holding a smoking gun.  Ewen gave full, accurate details of what happened afterwards, including the disposal of Adamson's body.

When the military investigators relayed Ewen's story to A.S.A. Smith, Smith told them Ewen was lying.  Smith said if  Ewen didn't get his story straight, he would be charged in the murder himself.  Between the CID investigators and A.S.A. Smith,  Ewen was coerced to change his story to suit them.  Threatened with possible criminal charges and the destruction of his military career,  Ewen's only way out was to lie, naming Roadblock instead of Tim Jones as the murderer.

When Defense attorneys Robert Willis and Robert Adams traveled to Germany to depose Ewen, they discovered he had made a prior statement clearing Roadblock.    However, there was no longer a record of Ewen's first statement, and he refused to cooperate with them.   Ewen also refused to show up for trial , remaining in Germany rather than face a defense counsel who knew he was lying.   

When Ewen failed to appear, Judge Blount allowed an unconventional move:  a court clerk read Ewen's  extorted second deposition to the Jury,  implicating Roadblock.

Despite A.S.A. Smith's maneuverings,  the case fell apart.  Evidence continued to point to Tim Jones, while another witness placed Roadblock in Jacksonville at the time Adamson was killed.   The trial  ended in a hung jury.   Judge Blount declared a mistrial and ordered a new trial  on the first degree murder charges.

While Roadblock sat in Volusia County jail waiting once again to face trial  on this death penalty crime, investigators located a girl who was present at the boat shop when Adamson was killed.  Her story confirmed Ewen's original statement, Roadblock's alibi and further eroded A.S.A Smith's case.

Volusia County Homicide investigators once again tried to get A.S.A. Smith to consider the overwhelming evidence indicating someone other than Roadblock actually killed Adamson.  Smith's response was:  "Harrell is the president of the Outlaws Motorcycle Club, we've got a shot at him now, and we're going to take it"

This let Roadblock know exactly where he stood.  This new murder trial wasn't about who killed Adamson.   It was about a prosecutor intent on sending a high profile motorcycle club member to the electric chair for political reasons.

As the case unraveled, A.S.A. Smith became desperate for a victory over the club members that would allow him to end the case before it ended his career.   He came up with a deal that would allow both defendants to plead guilty to a third degree felony (Accessory After the Fact) for time served.

Roadblock was reluctant to agree with the plea deal--a third-degree felony charge was still severe, and would associate him with a murder he didn't commit.   A.S.A. Smith upped the ante, offering to dismiss several unrelated charges against co-defendant Hansen.   Certain he would face the death penalty yet again if he didn't agree,  Roadblock entered a no contest plea to Accessory After the Fact.  He was released on December 20th, 1978, and spent the holidays with his family, relieved the ordeal was over.

Little did Roadblock know that the repercussions from this case would haunt him for another thirty+ years.

Years later, after being convicted on unrelated RICO charges, RB found that the Adamson murder still directly impacted his life.  Both BOP and the U.S. Parole Commission used the old Accessory conviction to increase RB’s offence severity classification, and to deny him parole.

Armed with more legal experience, RB successfully challenged the old conviction in Court, and won.   The conviction was overturned, and the State of Florida quickly dismissed all charges.

Once again, RB hoped that the Adamson incident was well behind him.   Wrong again!

In December 2009, RB was released after almost 30 years in prison.   He was looking forward to riding a motorcycle again and enjoying a quiet lifestyle among his family and friends.  Instead, he was notified that the U.S. Parole Commission decided he should be on parole until 2032.  Yes, you read that right.   2032.    At Roadblock’s age, that is a life sentence.   The Commission also added unreasonable conditions, NOT ordered by the Courts as part of his sentence, nor justified by his convictions or prison conduct. The conditions state: 

“In addition, you shall not associate with or ride motorcycles with any member of the Outlaw Motorcycle Gang or any other motorcycle gang with a history of involvement in criminal activities.   You shall have no connection whatsoever with the Outlaw Motorcycle Gang or such other motorcycle gang.  If you are found to be in the company of gang members while wearing the clothing, colors or insignia of the outlaw or any other motorcycle gang with a history of involvement in criminal activities, the U.S. Parole Commission will presume that the association was for the purpose of participating in unlawful gang business.”

Roadblock’s personal battle for freedom continues.  As he often states “a true 1%er never gives up.”   We will keep you updated about his battle for the rights of motorcycle riders everywhere.