Bundy, militia in court: What to expect

Militia took over the Malheur National Wildlife Refuge on Jan. 2, 2016

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(L-R) Brian Cavalier, Ammon Bundy and Ryan Bundy at the Malheur National Wildlife Refuge, January 2016. They and 5 others were arrested by the FBI on Jan. 26, 2016 (KOIN)
(L-R) Brian Cavalier, Ammon Bundy and Ryan Bundy at the Malheur National Wildlife Refuge, January 2016. They and 5 others were arrested by the FBI on Jan. 26, 2016 (KOIN)

PORTLAND, Ore. (KOIN 6) — Ammon Bundy, along with 7 other people, will appear in fedearl court on Wednesday.

The FBI arrested Ammon Bundy, Ryan C. Bundy, Brian Cavalier, Shawna Cox, Ryan Waylen Payne, Joseph Donald O’Shaughnessy, Peter Santilli and Jon Eric Ritzheimer on probable cause, according to bureau spokesperson. Each has been charged with one felony charge of conspiracy to impede officers of the United States from discharging their official duties through the use of force, intimidation, or threats.

The United States Attorney’s Office could file additional charges at a later time, criminal defense attorney Kevin Sali said.

Ritzheimer was arrested in Arizona. His first court hearing has not been determined, but US Attorney Bill Williams said at a midday press briefing he would be brought to Oregon to face the charges.

This combination of photos provided by the Multnomah County Sheriff's Office and the Maricopa County Sheriff's Office shows eight people involved in the occupation of the headquarters of the Malheur National Wildlife Refuge in Oregon on Jan. 2, 2016, who were arrested on Tuesday, Jan. 26, 2016. Top row from left are Ammon Bundy, Ryan Bundy, Brian Cavalier and Shawna Cox. Bottom row from left are Joseph Donald O'Shaughnessy, Ryan Payne, Jon Eric Ritzheimer and Peter Santilli. (Multnomah County Sheriff's Office/Maricopa County Sheriff's Office via AP)
Top row from left are Ammon Bundy, Ryan Bundy, Brian Cavalier and Shawna Cox. Bottom row from left are Joseph Donald O’Shaughnessy, Ryan Payne, Jon Eric Ritzheimer and Peter Santilli. (Multnomah County Sheriff’s Office/Maricopa County Sheriff’s Office via AP)

Complete coverage of the militia at Malheur

The United States Marshals Office confirmed the suspects arrested Tuesday in Harney County will appear before the Honorable Magistrate Judge Stacie F. Beckerman in U.S. District Court on Wednesday at 1:30 p.m. PST.

Sali, who is not representing any of the suspects, spoke to KOIN 6 News on Wednesday and said the first court appearances are usually very brief. He said the defendants will be brought before the judge, she will ask them their true name, they will be advised of the charges filed against them, and a date for a future hearing will be set.

“Nothing about today will be a determination of whether or not they are in fact guilty or not,” Sali said.

The U.S. Federal Courthouse in downtown Portland, Jan. 27, 2016 (KOIN)
The U.S. Federal Courthouse in downtown Portland, Jan. 27, 2016 (KOIN)

A release decision will also have to be made. Sali said the United States Attorney’s Office wants Bundy and others to remain in custody. Attorneys will have to present evidence that shows the suspects are a flight risk or a danger to the community.

If any of the suspects are released, certain conditions may be ordered.

“It would not surprise me at all, if, for example, if they are prohibited from communicating with each other, prohibited from communicating with other people involved in these sorts of protests or movements,” Sali said.

He also expects – if the case hasn’t already – to go before a grand jury for consideration of more serious charges.

“It wouldn’t surprise me at all if you see either broader or more serious charges brought down the line,” Sali said.

Security around the U.S. Federal Courthouse in downtown Portland has visibly increased.