Oregon Live – by Beth Nakamura
Here’s what you need to know about Wednesday’s developments:
- Harney County Sheriff Dave Ward testified as the government’s first witnessin the federal conspiracy case against Ammon Bundy and six co-defendants in U.S. District Court in Portland. He spent about four hours on the witness stand between direct examination and defense lawyers’ cross-examinations.
- Ward said that in the two months leading up to the Jan. 2 takeover of the refuge, he had met with Bundy at least four times, starting on Nov. 5, 2015. Though most of the encounters were cordial, he said, Bundy made repeated ultimatums.
- Ward said the Jan 2. March and protest through Burns proceeded largely peacefully, with protesters tossing coins at the front door of Ward’s office. Asked during cross-examination by Bundy’s lawyer Marcus Mumford if that was out of line, Ward replied, “Actually I thought it was nice. We donated coins to the local kids club.”
- Ward said the refuge takeover clearly was not a “peaceful occupation” but rather an “armed room-clearing.”
- On Jan. 7, Ward arranged to meet with Ammon Bundy on a rural roadside outside of the refuge. Assistant U.S. Attorney Ethan Knight played a video of the encounter. Ward offered to escort Ammon Bundy and his followers out of the county, out of the state. Ammon Bundy accused the sheriff of ignoring their concerns. “I didn’t go to pick a fight. I wanted them to go home,” Ward testified. “I wanted them to realize there’s appropriate channels to go through. An armed takeover isn’t it.”
- Ammon Bundy’s lawyers pointed out that Ward, in his Jan. 7 roadside meeting with Ammon Bundy, told him, “I feel comfortable talking to you guys. I always felt comfortable sitting down with you.” Ward acknowledged that at no time during his meetings with Ammon Bundy in November and December did Bundy actually make any true threats.
- Ward also said Bundy was usually polite and easy to talk to during the meetings, but the encounters got tenser as time went on.
- U.S. District Judge Anna J. Brown said she was troubled by FBI agents’ failure to destroy or seal Facebook account information considered irrelevant to the Oregon standoff case in a timely manner, blaming the six-month delay on the government’s “seemingly nonchalant” efforts, according to a written ruling.
- Walter “Butch” Eaton Jr., a retired carpenter who moved to Burns just over four years ago, and who rode in the first caravan to the refuge Jan. 2,testified for the government. They ground rules were: “Don’t fire until fired upon,” according to Eaton. He left the refuge later that day and went home.
- Eaton said he returned to the federal wildlife sanctuary two more times, one a week later to deliver firewood and attend a meeting in the refuge firehouse. At the meeting, men spoke of doing night patrols on the property, the need to stay off social media and keep “low key,” and that men should be helping out in the kitchen, Eaton recounted. His third visit came about four or five days later. He dropped off wood and left after about 20 minutes, he said.
Coming today:
- Burns resident Walter “Butch” Eaton Jr. returns to the witness stand this morning for cross-examination by defense lawyers.
- Prosecutors then plan to call Chad Kargas, manager of the wildlife refuge, to the stand. Direct examination is expected to last two hours, Assistant U.S. Attorney Craig Gabriel said Wednesday.
- The next two government witnesses will be Bureau of Land Management special agent Jason Curry, to testify about the Nevada district court orders in place for the corralling of Nevada rancher Cliven Bundy’s cattle near Bunkerville, Nevada; and Jeff Rose, acting director of the Bureau of Land Management district office in Burns.
- Prosecutors are also expected to argue to allow two photos to be shown to jurors, including a photo of a locked safe and locked file cabinet in a refuge building that were both breached. Kargas is expected to testify that both were locked when he left the refuge on Jan. 1, but were both opened when he inspected them on Feb. 17 as FBI evidence agents led refuge staff through the building following the refuge occupation.
- The government also is planning to show jurors a photo of 10 men in military-style camouflage clothing carrying firearms, posing for a photo on The Narrows campground. The only person indicted in the photo is defendant Joseph O’Shaugnessy, who has pleaded guilty to a conspiracy charge.
- Late Wednesday, U.S. District Court Judge Anna J. Brown noted that defendant Ryan Bundy had filed a motion to recuse her as judge in the case, seemingly because she had ruled against many of his recent motions. She told him that his motions to continue the trial were moot since the trial had already started. Other motions she hasn’t acted on yet. She directed the motion to the court’s chief judge, Michael Mosman, she said. “It’s never a basis to seek a judge’s recusal because you disagree with a judge’s ruling,” Brown told Bundy.