Ammon Bundy and fellow militants will not face a charge that could have carried a life sentence, after a judge found their armed occupation of a wildlife refuge wasn't a crime of violence.
U.S. District Judge Anna J. Brown on Friday dismissed the most serious charge — using a gun to commit a crime of violence — against Bundy, his brother Ryan, Jon Ritzheimer, Ryan Payne, Brian Cavalier, Jason Patrick and Sean Anderson, related to their occupation of the Malheur National Wildlife Refuge earlier this year.
The charge exposed the seven men to the possibility of life in prison. It also carried a minimum sentence of five years and a mandate to serve the sentence consecutively to any sentence imposed for the other two counts — conspiracy to keep federal workers from doing their jobs by using force, intimidation or threats, and possession of firearms in a federal facility.
Those two charges are considerably less serious. Neither imposes a minimum sentence. The conspiracy charge carries a maximum of six years in prison, while the possession charge has a maximum of five years. In her June 10 ruling, Brown found that the conspiracy charge is not a
crime of violence because threats and intimidation can apply to
nonviolent acts like damage to property, rather than physical violence
against a person. Similarly, a threat to blackmail a federal
officer "is a kind of threat that does not necessarily require as an
element the 'threatened use of physical force,'" Brown wrote. The
ruling sets the roadmap for the trial against the 26 defendants, which
is set to begin in September and anticipated to drag into 2017...more
Thought this article provided more info than previous post on this topic.
Issues of concern to people who live in the west: property rights, water rights, endangered species, livestock grazing, energy production, wilderness and western agriculture. Plus a few items on western history, western literature and the sport of rodeo... Frank DuBois served as the NM Secretary of Agriculture from 1988 to 2003. DuBois is a former legislative assistant to a U.S. Senator, a Deputy Assistant Secretary of Interior, and is the founder of the DuBois Rodeo Scholarship.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment