Cody Scott McChesney, the victim in the trial of Vagos motorcycle gang member accused of kidnapping and torturing him, won't be sentenced on two unrelated felony convictions of his own until after that trial, a judge decided Monday.
He was instead released of his own recognizance, albeit with a GPS monitor and orders to stay in the Northern Nevada area, along with behavioral stipulations.
McChesney, 32, of Carson City, was convicted of two felony counts of uttering forged instruments before he left the state to avoid reprisal from accusing Patrick William Ouellette, a leader in the Carson City chapter of the Vagos motorcycle club, of other crimes. He turned himself in April 11, but his sentencing was postponed for several weeks as his attorney and the Carson City District Attorney's Office came to terms.
McChesney's new sentencing date is set for Aug. 13, about a month after Ouellette's planned two-week trial is set to begin. Unless a deal is struck, McChesney faces between one and four years in prison.
McChesney sparked the case against Ouellette, 29, of Reno, with allegations that Ouellette and another Vagos member kidnapped him and a friend at gunpoint in September and then beat him with their hands, feet and a pistol.
Ouellette pleaded not guilty in April to six charges related to the incident. If found guilty, he could go to prison for life.
McChesney was not present for Ouellette's preliminary hearing - one point of contention for the defense attorney, Jesse Kalter. Kalter said several times during court proceedings that Ouellette had the right to face his accuser.
"The defense believes Mr. McChesney has lied, and now that we have Mr. McChesney, we can have justice," Kalter said after McChesney turned himself in.
Gerald Gardner, deputy district attorney and lead prosecutor, said it was unfortunate that McChesney wasn't in custody for Ouellette's preliminary hearing, but he's glad to have him now.
"He's a key witness in the case, absolutely," Gardner said.
