September 10, 2009
Biker says first shot fired by accident
Ex-cop and former Bandido Michael Sandham is the first defendant to give evidence

Ex-cop and former Bandido biker Michael Sandham said the flinch was an accident.

It happened when he was hit by a bullet from Luis (Chopper) Raposo's gun, causing him to "accidently" shoot off his .303 rifle and set off the deadly night at the Elgin County farm.

And, he testified yesterday, taking the stand in his own defence at the Bandido murder trial, he wished he'd later shot co-accused Wayne Kellestine and Dwight Mushey as the killings of eight Toronto Bandido bikers went on into the night.

Sandham, 39, the former president of the probationary Manitoba Bandido chapter -- one of six men on trial for eight counts of first-degree murder -- yesterday became the first defendant to give evidence.

He often put his head down and sobbed while recalling the violence that April 8, 2006 and portrayed himself as peacemaker, a marksman with training in only some guns, a negotiator, comforter and, ultimately, the unwilling participant in a mass killing of his biker brothers.

He was scared, nervous, concerned and shocked, he said.

His lawyer, Donald Crawford told the jury Sandham would "give a real picture of what really happened."

But Sandham's take was wildly different than what the star Crown witness, a Winnipeg biker known only as M.H., has told the jury.

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Several times yesterday, some of the other accused men rolled their eyes and shook their heads at what Sandham said.

He repeatedly said killing wasn't part of the original plan and he wanted no part of it.

Sandham said he and the other Winnipeg Bandido bikers arrived at Kellestine's farm to find out why Kellestine hadn't carried out the orders from "El Presidente" in the United States to pull the patches -- yank the memberships -- of the Toronto Bandidos and kill Bandidos Canada president John (Boxer) Muscedere and Toronto chapter president Frank (Bam Bam) Salerno.

Kellestine, who was to be the next national president, told Sandham he wasn't going to let the U.S. dictate to him.

On the night of the killings, Sandham, Mushey and M.H. went to the barn, where Sandham hid in the loft with an unloaded .303. When the Toronto Bandidos arrived, he said he heard Jamie Flanz admire Luis (Chopper) Raposo's sawed-off shotgun.

"That's for Taz (Sandham's nickname) when he comes through the door," Raposo said.

Sandham said he realized he was cornered. "I started to think about what I'm going to do," he said, his voice breaking. "I just started to think about my daughter. I started to think I'm never going to see her again."

Sandham said he thought he was going to be killed "and that I might have to shoot somebody to get out of there."

He heard Kellestine say Sandham and Marcelo Aravena were staying at a nearby motel and he would call them. Sandham said he heard Kellestine say, "Come on guys, let's go," several times

He said Kellestine returned with Mushey and M.H. with guns drawn. Sandham popped out of his hiding place.

Sandham said Raposo saw him, grabbed his gun and pointed it at Sandham. "I started screaming at him, 'Put the gun down; we're just here to talk'. "

"He's just grinning and ignoring me," he said, before Raposo shot at him. The shot hit him. "I flinched and boom," he said. His rifle had discharged.

Sandham said M.H. fired a "duck gun," shocking Kellestine, who fired his gun and grazed Paul Sinopoli's leg. Then Kellestine yelled for everyone to stop shooting.

Raposo was dead. Sinopoli and George Kriarakis were wounded.

Kellestine, Sandham testified, ordered him out of the loft and took the rifle. Sandham said Kellestine had a "look in his eyes" and said he was "a man to be feared." Sandham said he didn't have a gun for the rest of the night.

Kellestine and Sandham spoke privately and Kellestine said, "Things have changed."

Salerno told Kellestine he knew a place to dump the body, Sandham testified.

"Everybody thought they were going home," he said. Kellestine told them they'd be bound in the cars and driven back to Toronto.

Kellestine took Muscedere out first. Accused Brett Gardiner thought he heard two pops and Sandham ran outside to see Kellestine leaning into a car, then shut the door. Kellestine came back to the barn without Muscedere.

Kriarakis was going into shock and Sandham, who has training in first aid, said he "snugged" a blanket around him and determined he needed to go to the hospital.

When he took Kriarakis to the tow truck, "he thanked me for helping him," Sandham said.

Salerno shook hands before he was led out of the barn with Mushey and M.H, he said, but Sandham wouldn't because Salerno's hand was covered in blood. .

Sandham said he was feeling sick and went outside to see Kellestine shoot Salerno.

"It crossed my mind to shoot Wayne," he said, but he didn't have a gun. He was afraid others would hurt him if he hurt Kellestine.

He couldn't run, he couldn't get to a phone. "I didn't do anything. I just sucked it up and just stood there and just pretended I was going along with everything."

Mushey offered to kill Sinopoli and Trotta, Sandham testified.

Kellestine gave the handgun to Sandham and ordered him to kill Flanz, Sandham said. He told the jury he told Kellestine, "I didn't come here for this."

Kellestine warned Sandham he, too, would die if he didn't do as he was told, Sandham testified. He said Mushey took the gun and shot Flanz.

Sandham returns to the witness box today.

Jane.sims@sunmedia.ca

THE DEAD

George Jessome, 52; George Kriarakis, 28; Bandidos Canada National president John Muscedere, 48; Luis Raposo, 41; Frank Salerno, 43; Paul Sinopoli, 30; Jamie Flanz, 37; and Michael Trotta, 31.

THE ACCUSED

Wayne Kellestine, 60, and Frank Mather, 35, of Dutton-Dunwich; Brett Gardiner, 25, of no fixed address; and Michael Sandham, 39, Marcelo Aravena, 33, and Dwight Mushey, 41, of Winnipeg have all pleaded not guilty to eight counts of first degree murder.



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