Indictment charges 16 in Malheur takeover

PORTLAND, Ore. (KOIN) – The newly unsealed indictment against Ammon Bundy also charges 15 other people.

No new charges have been added, however, the four people still occupying the Malheur Wildlife Refuge have now been added to the group being charged.

All of the defendants named in the indictment are currently charged with one count of conspiracy to impede officers of the United State, a felony. More charges are possible.

The indictment charges Ammon Bundy, his brother Ryan Bundy, Jon Ritzheimer, Joseph O’Shaughnessy, Ryan Payne, Brian Cavalier, Shawna Cox, Peter Santilli, Jason Patrick, Duane Leo Ehmer, Dylan Anderson, Sean Anderson, David Fry, Jeff W. Banta, Sandra Lynn Pfeifer Anderson, and Kenneth Medenbach.

Medenbach was arrested by the Oregon State Police in January for reportedly driving a government vehicle that had been stolen from the refuge.

The indictment, which was filed Wednesday but unsealed early Thursday, claims that the group “did knowingly and willfully conspire and agree together and with each other and with persons known and unknown to the Grand Jury to prevent by force, intimidation and threats, officers and employees of the United States Fish and Wildlife Service…from discharging the duties of their office at the Malheur National Wildlife Refuge.”

Bundy Reacts

Ammon Bundy’s lawyers released an audio statement from Bundy, from jail. In the statement he claims he is in solitary confinement. He also called the takeover an educational effort.

“Taking over the refuge was not only right, it was the duty of the people to do. The takeover of the Malheur Refuge was a needed action to show government officials that the people will not be complacent when they prosecute and bully good people like the Hammonds. Go home Oregon State Police. You have already killed enough. Go home FBI. It is time to end this.” -Ammon Bundy, from jail.

Prosecutors: Conspiracy began in October 2015

Prosecutors, through their filings, claim on Oct. 5, 2015, two of the “conspirators” traveled to Harney County to “warn the Harney County sheriff of ‘extreme civil unrest’ if certain demands were not met. The armed occupation at the refuge started Jan. 2, 2016, records show.

The indictment claims that in Nov. 2015, “defendants and conspirators” recruited and encouraged other individuals, in person and on social media, “to participate and assist” in the occupation.

It remains unclear if a federal arrest warrant has been issued for the four remaining occupiers at the refuge.

The father of one of the last four occupiers of a wildlife refuge in eastern Oregon says he is disappointed his son has been named in a grand jury indictment against 16 defendants.

William Fry of Ohio is the father of David Fry, one of the holdouts at the Malheur National Wildlife Refuge. William Fry told the AP on Thursday he had been hoping for a more positive outcome.

He defended his son for standing up for his beliefs. William Fry also said he and his wife still hope and pray their son will come home safely.

The charges and what might happen

Criminal defense attorney Kevin Sali, who is not affiliated with the case, said typically an arrest warrant would be issued after a grand jury indictment. However, Sali noted that under the Federal Rules of Criminal Procedure, Rule 9, the government could request a “summons” for an individual to appear before a magistrate judge on a certain date.

“It’s possible this was to get them in, into the system, as the government continues to investigate, get additional evidence, there may be more charges down the line,” Sali said.

The likelihood of all 16 going on trial together is slim, he said. Some may try to cut plea deals.

“There’s a lot of power the federal government has in a criminal prosecution,” he said. “It’s pretty common as time goes on to see even the more stalwart defendants who have been saying, ‘No deal, take this to trial,’ to start realizing what their exposure is, and start looking for a way to start minimizing that.”

Sali also said it is unlikely, because no new charges were added, that earlier release decisions will be impacted. Under federal law, defendants can request a detention hearing as the case progresses.

Spokespersons with the FBI and United States Marshals Service declined to comment.

The Deschutes County Sheriff’s Office is currently investigating OSP following the shooting death of Robert “LaVoy” Finicum who died Jan. 26 during an encounter with OSP and FBI agents during a traffic stop. On Tuesday, a spokesperson for DCSO said reports from the shooting may not be released until mid March.

The Associated Press contributed to this report.