CONCORD — A Rochester man facing conspiracy charges in connection to his role in a 2014 standoff with federal agents in Nevada remained in custody Monday after a one-hour court hearing over whether he should be released.
U.S. District Court Judge Andrea Johnstone said she needed more time to consider all of the information in the case against Gerald DeLemus, who faces nine federal charges based on an indictment brought in Nevada.
Prosecutors argue DeLemus would pose a danger to the public and be a possible flight risk if he was released. Defense attorney Jonathan Saxe argued the opposite in a courtroom packed with dozens of friends and supporters of DeLemus. The supporters greeted DeLemus with a standing ovation, then sang “God Bless America” as he was ushered from the courtroom after the hearing.
Supporters also set up outside the courthouse, holding flags and carrying signs. Police were a visible presence outside the building; security was tight on the inside as well, with U.S. marshals and court officers stationed throughout the courtroom. Once the three rows of benches in the gallery filled, the overflow of supporters watched a video feed from a room next door.
“The evidence is not that strong, particularly in regard to some of the counts against my client,” Saxe said during the hearing.
DeLemus was arrested and taken into custody last week after a federal grand jury in Nevada issued an indictment against a number of new defendants charged in connection to a standoff between ranchers and federal authorities over grazing rights.
The 64-page indictment cites DeLemus as one of eight defendants who “planned, organized, led, and/or participated as gunmen in the assault, all in order to threaten, intimidate, and extort the officers into abandoning approximately 400 head of cattle that were in their lawful care and custody.”
Although DeLemus did eventually join the protest, Saxe noted more than once that his client was not part of the incident on April 12, 2014, in which federal agents backed away from armed protesters who had guns pointing at them.
“He never even knew there was that conflict,” Saxe said, noting DeLemus was on the way from New Hampshire to Nevada at the time. “He didn’t know that it did happen until after he got there.”
Assistant U.S. Attorney Mark Zuckerman argued that DeLemus was still an active participant in the events, having been in touch with rancher Cliven Bundy. DeLemus chose on April 10 to drive 40 hours cross-country in support of the ranchers, Zuckerman said. He noted that DeLemus had a .50-caliber sniper rifle with him, stopping along the way to make sure it was properly sighted.
“In terms of dangerousness, our argument could begin and end just with that weapon,” Zuckerman said.
Zuckerman said DeLemus was put in charge of “Camp Liberty” after he arrived at the ranch. He cited a video of an interview in which DeLemus vowed to defend with force if necessary.
“The defendant was unambiguously public in his reasons for being there,” Zuckerman said.
Saxe, who presented his arguments after the prosecution, noted that there was no violence after DeLemus arrived in Nevada and said his client would voluntarily return to the state to answer to the charges against him.
Saxe also pointed out that DeLemus flew west again to visit a similar occupation in Burns, Oregon. He said DeLemus went to Oregon to help broker a peaceful resolution and made that clear to the FBI by contacting agents in advance.
Saxe also called four people who testified as character witnesses for DeLemus, who served six years in the U.S. Marine Corps and ran for Strafford County sheriff two years ago.
Three of the witnesses were members of the New Hampshire House of Representatives, colleagues of DeLemus wife, state Rep. Susan DeLemus, R-Rochester.
Rep. Warren Groen, R-Rochester, wearing an American flag-patterned tie, was the first character witness. He said DeLemus was “absolutely not” violent. Groen said DeLemus was a standout citizen who would answer to the charges without any need of bail as an incentive.
“He’s always been a man of his word,” Groen said.
State Rep. John Burt, R-Goffstown, and Rep. David Bates, R-Windham, also spoke on behalf of DeLemus.
“Jerry is a man of integrity and honor and is someone I would have no issue vouching for,” Bates said. “I do not believe he is a violent man at all.”
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