Refuge occupier to remain in custody

Published 12:00 am Friday, February 2, 2018

A federal judge on Thursday denied Malheur National Wildlife Refuge occupier Ryan Payne’s release before his Feb. 27 sentencing, saying she lacked confidence that Payne would follow court orders.

U.S. District Judge Anna Brown cited Payne’s violation in December of her order not to have contact with co-defendants. He visited with Ammon Bundy and Jon Ritzheimer at the Bundy ranch in Nevada after a judge there declared a mistrial in the 2014 Bunkerville standoff case.

“Going to Ammon Bundy’s house to celebrate and to the Bundy ranch to celebrate were violations,” Brown said. “That’s the problem here.”

The judge also described Payne’s leadership role in organizing militia during the 2016 refuge occupation and his inflammatory statements about working to prevent two Harney County ranchers from surrendering to serve out federal prison sentences. In addition, she noted his intimidating stance with Harney County Sheriff Dave Ward.

“It seems when he’s engaged with other people who have this attitude, defiance of federal law, he continues to make bad decisions,” the judge said.

Payne apologized for his visit to the Bundy ranch. He said he recognized it’s in his best interest “not to affiliate with these people” and said his desire is to “repent for the deeds which I have pled guilty.”

Payne asked for the judge’s mercy. “I agree with your assessment that my interaction with certain individuals is somewhat of an influence on my decision making,” Payne said. “My honor and service to my country is slightly marred due to my actions. But one thing I don’t want to be marred is my integrity.”

Prosecutors expect to seek a three-year, five-month sentence for Payne, who has spent two years in custody after pleading guilty to federal conspiracy in the refuge takeover case and then went to Nevada to stand trial in the confrontation with federal authorities over Cliven Bundy’s cattle.

Assistant U.S. Attorney Geoffrey Barrow argued against Payne’s release, citing his continued opposition to federal government authority and violations of release conditions. Barrow pointed to Payne’s conduct before, during and after the armed refuge takeover.

Payne’s lawyer, federal public defender Lisa Hay, said Payne’s visit with Ammon Bundy and Ritzheimer was more the result of a “miscommunication, misunderstanding.” Hay further said Payne has changed while in custody the last two years, that he had a “misguided view” of government authority and now respects federal court orders.

Payne wanted to spend some time with his fiancee and children before the sentencing and would return to court, Hay said.

The judge offered to consider the possibility of briefly releasing Payne after his sentencing and having him surrender to marshals later in the day, and that arrangement might provide the same benefits.

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