His friends call Clyde “Butch” Utz a lovable, harmless guy who can hardly walk because of circulation problems with his legs and the fact that he weighs 370 pounds.

Federal prosecutors call him a dangerous biker gang member who needs to be locked up.

A legal battle has developed at federal court over whether Utz, 50, of Alden, should be kept in jail while awaiting trial in the Chosen Few motorcycle gang case.

Last Tuesday, prosecutors filed an appeal of a ruling made last week by U. S. Magistrate Judge Jeremiah J. Mc- Carthy, who said Utz could be confined to his home under electronic monitoring while he waits to go to trial.

That is not acceptable, said Assistant U. S. Attorneys Anthony M. Bruce and John E. Rogowski.

They said Utz is the former sergeant- at-arms of the Chosen Few, a “warlike” biker gang whose members made firebombs and kept illegal guns in a walk-in vault inside their Depew clubhouse. Utz was one of 20 alleged Chosen Few members arrested on federal racketeering charges last month.

“There is no condition, or set of conditions that could guarantee the safety of the community” if Utz is not kept in jail, Bruce said in court papers. Appeals of bail rulings are rarely filed at Buffalo’s federal court.

Because of the government appeal, Utz’s release has been delayed until a new bail hearing can be held before District Judge William M. Skretny.

Utz was involved in a 2004 firebombing incident, several discussions about planned violence, and an attempt earlier this year to crash a pickup truck into a Hummer driven by a rival biker, the prosecutor said.

Utz is “harmless” and he didn’t hurt anyone in any of those incidents, said his court-appointed attorney, Patrick J. Brown.

“He’s like a big guy who hangs out at the local fire hall, because he wants to belong to something,” Brown said. “He’s 50 years old, has been in the club for 20 years, and there’s no proof that he ever hurt anyone.”

Utz, an auto mechanic, could not be reached to comment.

Forty-nine people, including two Buffalo Common Council members and several business owners, wrote character letters to McCarthy in support of Utz’s efforts to be released on bail.

The letters from Council President David A. Franczyk and Council Majority Leader Richard A. Fontana were written on official city stationery. Law enforcement officials involved in the Chosen Few case were miffed by the letters written by the two government officials.

“Do these letters mean that it’s the city’s official position that a Chosen Few member should be released on bail?” said one police official.

Franczyk and Fontana said they wrote the letters at the request of a close friend of Utz who came to their offices. They said they wrote the letters on behalf of Utz’s character, and not to pronounce judgment on the charges against him.

“I’ve known him since I was a teenager. He’s always been the sweetest, nicest guy, and a gentleman,” Franczyk said. “I don’t know anything about the charges against him. I didn’t even know Butch was in a biker gang.”

Similar comments came from Fontana. He and Franczyk said they had no regrets about sending their letters to the court on city stationery.

“I’m an elected official, and I have the right to express my opinion on something,” Fontana said.

Utz was described as “a happy-go-lucky jolly man, like Santa,” by Marlene Engle, who lives with him.

“He has always been the peacemaker, not looking for a fight,” Engle said.

Federal agents said they secretly made audiotapes and videotapes of Chosen Few bikers in their clubhouse, discussing plans for violence against their rivals.

Before his arrest in the Chosen Few case, Utz’s only criminal record was a driving-while-intoxicated conviction about eight years ago, Brown said.

Most of those arrested last month have been released on bail while they await felony trials.