Status of Hells Angels Is An Issue in Canadian Assault Trial

·

Status of Hells Angels an issue in assault trial

The assault and robbery with Hells Angels was a “wake-up call” for Daniel Fish.

https://www.thespec.com/news/crime/daniel-fish-biker-assault-sentencing-hearing/article_fef295c0-1bda-54c5-b8b4-ecde7e14f44a.html
By Nicole O’Reilly Reporter Hamilton Spectator June 27, 2026

Participating in an assault and robbery with a group of Hells Angels at a Hamilton bar was a “wake-up call” for Daniel Fish, his lawyer says.

So much so that the now 38-year-old has negotiated the terms of his resignation from the Red Devils Motorcycle Club — a support club of Hells Angels, defence lawyer Kim Edward said during his sentencing hearing Friday. Fish was a 10-year, full-patch member.

But the very fact that he cannot just leave, that he has to negotiate his resignation is “in a roundabout way evidence” that Hells Angels Motorcycle Club is a criminal organization, said assistant Crown attorney Sean Doherty.

The Crown is calling on Ontario Court Justice Amanda Camara to take judicial noticethat the bikers were acting for a criminal organization and to consider that as an aggravating factor in sentencing. He is also asking the court to consider the assault akin to aggravated assault, noting that a jail or penitentiary sentence is needed.

Fish was among five men convicted by Camara of assault cause bodily harm and robbery for the July 4, 2024 incident at Cadillac Jax bar and grill. The other four, who have separate ongoing sentencing hearings, were identified in court as Hells Angels Hamilton members.

Court heard the incident happened over a span of about three-and-half minutes. The victim, Daniel Scherer — wearing a probationary Rock Machine Motorcycle Club vest — was on the busy patio around 7 p.m. when 16 motorcycles pulled into the neighbouring parking lot of a convenience store. Many wore colours for Hells Angels and Red Devils.

Scherer was punched upwards of 10 times and his vest was stolen. Court found he was seriously injured, including being briefly unconscious, and blood was seen dripping from his forehead in surveillance video.

“Mr. Scherer wasn’t just beaten, he was humiliated,” Doherty said, adding that he could not escape.

When the group arrived, David Robson, who was then the president of the Rock Machine’s Guelph chapter, hid his vest behind the bar. Another man wearing a Vendettas motorcycle club vest did the same after the assault began. After the assault, some of the bikers — including Fish — swept the bar before everyone left.

Fish did not throw any of the punches, but pulled Scherer to the ground. All five men were found guilty for being co-conspirators.
Scherer never testified in court because he died Sept. 23, 2025 at 67, before the trial.

Doherty described the Hells Angels as a paramilitary organization, where members are expected to carry out orders. In this case he argued that the assault was premeditated and it was clear everyone knew what was expected of them. He described their actions as a “blitz.”

The Crown wants Fish sentenced to five years, or four years if the court does not take judicial notice that they committed the offences in association with a criminal organization.

There is ample case law finding Hells Angels is a criminal organization, but the Crown did not call any expert evidence during the trial. Nor did the Crown call any expert medical evidence about the severity of injury, Edward noted.

“To catapult them into a penitentiary sentence screams out for some evidentiary link that this is a criminal organization,” she said. “It would have been easy to call such evidence.”

Similarly she said if there was evidence this was an aggravated assault they should have been charged and tried on that charge.
Edward asked for a conditional sentence, including house arrest, followed by probation.

Fish, who is from Brantford, does not have a criminal record and has worked as a plumber for many years. The defence included numerous letters of support from businesses he has worked with, community supporters and family, who largely express surprise that Fish would be involved in such crimes.

Court heard Fish, who is an only child, is the primary caregiver for his 84-year-old father, including taking him to medical appointments, grocery shopping, finances and cleaning his house. His mother died after a protracted battle with Parkinson’s.

With uncertainty around whether he may go to prison, Fish asked for time to arrange care for his father and sell his home.

When given the chance to speak, Fish said he has been really focused and disciplined on his own personal well-being.

Court heard this included seeking therapy and an eagerness to improve himself, his lawyer said.

Fish returns to court July 31 along with three of his co-accused.

Nicole O’Reilly is a reporter at The Hamilton Spectator. noreilly@thespec.com

Comments

Please Login to post a comment