Federal jury gets case of alleged Bloods leaders

NORFOLK

Two alleged leaders of the Bounty Hunter Bloods terrorized Norfolk neighborhoods the past several years through drug dealing, fear, intimidation and violence and should be convicted of racketeering charges, an assistant U.S. attorney told a federal court jury in closing arguments Wednesday.

But the evidence against Mikal Mustafa Mix and Gary Lynn Toliver Jr. is slim, defense attorneys countered, and based on the unreliable testimony of convicted felons and Blood members.

The jury in U.S. District Court began deliberating Wednesday afternoon and was sent home after failing to reach a verdict by 5:30 p.m.

The Bounty Hunter Bloods rely on power, respect and fear to "control a neighborhood," Assistant U.S. Attorney Bill Muhr told the jury. "In essence, terrorize a neighborhood," he said.

Mix, 30, known as "Stash," is charged with being one of the top leaders of the Bloods in Norfolk. He is accused of running a "chapter" in Ocean View and was linked to other chapters, or sets, in Norview, the Little Creek area, Coleman Place, Ballentine, Poplar Halls and University Apartments.

Toliver, known as "BG," is accused of being a lower-level leader but in control of the Norview area.

Muhr recounted for the jury five years of drug dealing and violence attributed to the gang. Among the incidents he cited:

- A March 2004 shooting at the Ocean View VFW hall that left a teenage girl with a bullet wound to the head. Mix is charged with supplying the guns to the shooters.

- A May 2004 shooting and robbery of two Navy men at an Ocean View motel, allegedly directed by Mix.

- A shooting last summer in downtown Norfolk that left two people injured. Toliver and others were arrested after a high-speed chase.

- Several home invasions, including one last August that Toliver is charged with in which one of the victims was burned repeatedly with a hot iron.

- A July 27, 2007, mob attack on three young men in East Ocean View that left 19-year-old James S. Robertson dead. Mix is charged with being an accessory by helping one of the attackers get away.

Muhr described the attack as a "story of three individuals who wandered into Bounty Hunter Bloods territory and paid a dear price for it."

Mix's attorney, Lawrence H. Woodward Jr. - who most recently defended former NFL star Michael Vick - asked the jury to consider the lack of physical evidence linking his client to the crimes: no wiretaps, no search warrants, no fingerprints, no DNA, no guns, no drugs.

"Have they brought you one cell phone record? Not one," he said, citing several witnesses who testified of cell-phone calls Mix supposedly made to other gang members.

"They have not produced one item of evidence against Mr. Mix, except testimony," Woodward said. Those who testified "are liars, murderers, drug dealers and convicted felons," he said.

The most damaging testimony came from Bloods who took plea bargains in exchange for possible reductions in their prison sentences.

Toliver's attorney, Rebecca Colaw, called the deals a "Kmart Blue Light Special."

She recounted the testimony of Marlon Reed, known as "Boss" or "Black Marlo," who described the intricacies of the gang and Mix's and Toliver's positions and involvement. His testimony was critical to the government's case.

"Marlon Reed doesn't want to spend the rest of his life in prison," Colaw said. "He said he would do anything to get back on the street."

Reed previously pleaded guilty to racketeering and related charges and is scheduled for sentencing in October.

Colaw and Woodward also pointed to inconsistencies and to admitted lies from some of the witnesses.

Muhr down played the inconsistencies, calling them "misrecollections of facts."

A third defendant, Elizabeth Horne, is also awaiting the jury's verdict. She is accused of helping set up a home invasion robbery of her boyfriend, but she is not a Blood.

Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com