UPDATE: Protester ordered not to occupy federal property as condition of his release from federal charges now pending in Medford.
BURNS – Oregon State Police on Friday arrested one of the protesters occupying the Malheur National Wildlife Refuge after he drove into town, accusing him of having a stolen vehicle.
The man was identified as Kenneth Medenbach, 62, of Crescent. He was arrested on suspicion of unauthorized use of a motor vehicle, a class C felony punishable by up to five years in prison. He was to be booked into the Deschutes County Jail in Bend with bail set at $10,000, officials said.
According to federal court records, Medenbach is currently facing federal charges in Medford and was released from custody in November. A condition of his release was that he would not "occupy" any federal land. He was accused of illegally camping on federal property.
He is the first person arrested in connection with the armed occupation of the wildlife refuge, taken over two weeks ago.
He was arrested in the Safeway parking lot in one vehicle bearing federal government license plates. A second federal vehicle was parked next to him, but the man police suspect of driving that into town already had gone into the grocery before police arrived.
Both vehicles -- a pickup and a passenger van, bore door signs reading "Harney County Resource Center." That's the new name occupiers have given to the bird sanctuary they occupy, which is about 30 miles southeast of Burns.
"The U.S. Fish & Wildlife Service is grateful for the quick actions from law enforcement," said Megan Nagel, spokeswoman for the agency, which manages the refuge. "We will continue to work with law enforcement to recover vehicles bought and paid for by the American people to care for their national wildlife refuge."
In 1995, Medenbach was convicted on federal charges for illegally camping on the Gifford Pinchot National Forest in Washington state. He was ordered held in custody because of evidence that Medenbach poses a risk to the safety of other persons or the community because [he] acknowledges intimidation practices, references 'Ruby Ridge' and 'Waco, Texas,' and clearly would not follow conditions of release restraining his presence at the scene of the alleged unlawful activity," according to a federal appellate court ruling upholding his conviction.
The appellate ruling said there was "evidence that Medenbach had attempted to protect his forest campsite with fifty to a hundred pounds of the explosive ammonium sulfate, a pellet gun, and what appeared to be a hand grenade with trip wires. The government also proffered evidence that Medenbach had warned Forest Service officers of potential armed resistance to the federal government's continued control of the forest lands in question."
Mendenbach earlier attempted to squat on federal land in southern Oregon. U.S. District Court Judge Michael Hogan handled some of the proceedings. Hogan was the judge who in 2012 decided that Harney County ranchers Dwight Hammond Jr. and his son Steven should serve lighter sentences than required by law for setting fire to public lands.
His arrest comes amid growing public clamor for action to end the occupation.
Law enforcement officials have been taking a low-key approach so far. The FBI is handling the investigation of the occupation, but its presence in Burns is muted. Harney County Sheriff Dave Ward has repeatedly urged the protesters to go home, even offering to give them arrest-free passage out of the county. But at a community meeting earlier this week, he warned the militants that "there is an hourglass and it's running."
Whether Friday's arrest signals a change in tactics by police isn't certain.
No one from the refuge encampment appeared to show up at the scene of the arrest, though word of it spread through the compound and some of the occupiers hopped in cars to head toward town when they heard.
A tow company hauled away the van from the store parking lot as a state trooper drove away the pickup.
-- Les Zaitz