CHARLESTON, W.Va. -- A federal judge's ruling that a felon must hire someone to act as a bodyguard will likely lead to an appeal to the 4th Circuit in Richmond, adding another detour in the racketeering case against members and associates of the Pagans Motorcycle Club.

 On Friday, U.S. District Judge Thomas E. Johnston ruled that federal prosecutors must prove that Pagans national vice president Floyd "Jesse" Moore paid his subordinates wages or some other form of tangible payment in order to convict them of acting as bodyguards by carrying guns on his behalf.

Federal law makes it illegal for someone "employed for" a convicted felon to carry a gun "in the course of such employment."

Defense attorneys in the Pagans case have argued that to employ means to hire as an employee, while prosecutors maintain that the law means that felons may not use other people to carry guns on their behalf. In Moore's case, according to the government's theory, he was able to use his senior position in the Pagans to order underlings in the club to do his bidding.

Johnston's ruling had an immediate effect on at least two plea hearings scheduled for this week.

Richard Timothy "Lucky" Weaver, of St. Albans, had struck a deal with prosecutors where he would plead guilty to participating in a conspiracy to protect Moore. In exchange, prosecutors had agreed to dismiss all other charges against him.

At a hearing on Monday, Assistant U.S. Attorney Steve Loew conceded that the government could not prove that charge given Johnston's interpretation of "employ." Both sides had reserved the right to appeal Johnston's ruling on that issue as part of the plea deal, he said.

Johnston agreed to enter an order dismissing the charges against Weaver so that the government would have an adverse ruling to appeal.

Both sides said Monday that they hope that the appeals court will review the case, a sentiment echoed by Johnston.

"The last thing I wanted to do was make new law" on the meaning of "employ" in the bodyguard law, but this was the first time the issue had come up in any court, he said.

"I would much rather the 4th Circuit weigh in on this. I would much rather have them have final say than me."

Prosecutors had reached a similar deal with Elmer Luke "Tramp" Moore, of Buckhannon, Loew said. Moore, who is Floyd Moore's son, has a plea hearing scheduled for Tuesday.

Johnston's ruling also means that the first trial, which centered on the alleged conspiracy to act as bodyguards and was scheduled to begin next week, will likely not take place. In addition, it sets aside the guilty plea of Donnie Ray "Hoss" Workman, of Red House, who admitted he participated in a conspiracy to protect Floyd Moore in November.

In June, Putnam County sheriff's deputies arrested Workman and charged him with DUI, DUI causing injury, leaving the scene of an accident causing injury and three other misdemeanors after he allegedly struck a woman walking on Grandview Ridge while driving home in his truck from a bar. Workman had been placed on home confinement with electronic monitoring following a March arrest on DUI charges.

On Friday, Martin Craig "Martin One Percent" Nuss, president of the Orlando, Fla., chapter of the Pagans, pleaded guilty to interstate travel in aid of racketeering. Nuss admitted that in April 2008, he traveled from Florida to St. Albans to deliver the proceeds of an annual motorcycle raffle to Floyd Moore.

In exchange, prosecutors dismissed all other charges, including racketeering charges, against Nuss.

Nuss faces up to five years in prison when sentenced by Johnston on Nov. 15.

Reach Andrew Clevenger at acleven...@wvgazette.com or 304-348-1723.