David Fry, the last to surrender at the Malheur National Wildlife Refuge on Feb. 11, told a federal court judge Monday that he stayed at the sanctuary because he felt the need to film the encounter in the absence of other media and he was fearful of going to jail.
"The reason I stayed was because I was the last camera man,'' Fry, 27, said, as he argued to be released pending trial in the federal conspiracy and weapons case. "I have nothing to hide. I didn't even come to the refuge with a gun. I came to document the whole event as a video person.''
Fry, dressed in a standard blue jail smock, stood beside his lawyer and issued an unusual, personal plea for his release to U.S. District Court Judge Robert E. Jones. He made his remarks after his attorney and his father urged the judge to reconsider a magistrate judge's ruling from a month earlier that he remain in custody.
Jones said he was concerned about Fry's mental instability and threats of suicide hours before his surrender to FBI agents.
Fry responded that he threatened suicide because he was fearful that he'd be raped in jail upon arrest. He said he only gave up after the FBI assured him that would not occur. In court, Fry Monday sought to justify his suicidal threats by citing a Biblical passage, referencing how people "jumped on their swords'' rather than face an army of uncircumcised men.
"I look at you as a vulnerable person,'' Jones told him. "We have to worry about your own safety. In the environment where you are, you're safe.''
Jones said he was concerned that Fry couldn't handle the stresses he might encounter outside of jail, and would not be able to follow conditions of any release, as a federal prosecutor had argued.
"A lot of things about you are positive. By nature, you're a gentle person. You've shown great affection for animals, the environment and so forth,'' the judge said. "But when you get into a tight situation, you can act out.''
Fry drove to Oregon from suburban Cincinnati during the first week of the Jan. 2 takeover of the refuge. He live-streamed videos from the refuge, but his broadcasts were cut off in the last days of the 41-day occupation. Another Internet broadcaster ran live audio of the anxious hours leading up to Fry's Feb. 11 arrest as thousands of people followed it in real time, listening to Fry's requests for pizza and marijuana and his talk about his wish to die rather than end up in prison.
He's now one of 27 people facing federal indictment stemming from the takeover. He's charged with federal conspiracy to impede federal officers from doing their work at the refuge, possession of a firearm at a federal facility and the use and carrying of a weapon in the course of a crime of violence.
Fry's lawyer, Per C. Olson, said Fry was lighthearted and calm before the police fatal shooting of occupation spokesman Robert "LaVoy" Finicum on Jan. 26, but afterwards he was under incredible stress and was "very fearful of being apprehended in a violent way.''
Olson proposed that Fry's dad monitor his son if released.
David Fry's father, William Fry Jr., of Blanchester, Ohio, came to U.S. District Court in Portland on Monday. He offered to help supervise his son if he were to be released from custody. "I came here to support my son. I was hoping for a more positive outcome.'' William Fry Jr., wearing a red-white-and-blue American flag tie, took the witness stand Monday, and said his son would work at his dental practice from 10 a.m. to 6 p.m., and he'd report any violations of his release. He said he had called a mental health worker to check on his son in 2009, which led to his five-day hospitalization. He said his son has not been hospitalized since and has not been prescribed medication.
William Fry said neighbors and friends in their hometown of Blanchester, Ohio, "are all very concerned about what's going on here.''
The judge questioned the senior Fry about guns in his home and whether his son has shown interest in them. William Fry, who had served in the U.S. Marine Corps., said they're locked up in a huge, combination safe, mostly double-barreled shotguns he's collected over the years.
"He's kind of aloof to it – hasn't shown much interest,'' William Fry said of his son's stance regarding his firearms.
Federal agents found a shotgun and four other rifles in Fry's car after the occupation was over, prosecutors have said.
Fry's lawyer said his client put those guns in his car to keep others safe from them. Many didn't have a safety on them, so he put the firearms in his car so no accidents would occur, Olson said.
David Fry told his lawyer he wanted to speak for himself, and stood and addressed the judge. "I'm absolutely not a violent person. I don't like guns,'' he said, adding that he was removing ammunition from the firearms that he found left behind by others at the refuge and placed the guns in his car so no one would get hurt.
Assistant U.S. Attorney Ethan Knight said Fry did arm himself at the refuge with a firearm, and repeatedly disregarded federal agents' orders to leave the wildlife sanctuary.
Michele Guyton, a psychologist who evaluated David Fry at his attorney's request, told the court that she did not believe Fry required any medication for any particular condition, and only refused medication when he was hospitalized in 2009.
David Fry said his hospitalization in 2009 and concern about his mental health is overblown. He said he wasn't doing anything wrong in 2009, and, "they came and snatched me away,'' referring to his involuntary hospitalization. He said he was just suffering from severe depression at the time.
The judge said Fry's continued detention was not punishment, but being done to protect him. He said U.S. District Court Judge Anna J. Brown, who is handling the Malheur refuge takeover case, intends to start trial right after Labor Day.
"I'm going to keep you in custody until trial with extra protection,'' Jones said.
Fry objected, saying the judge failed to consider the context of his actions at the refuge. He argued that he's no longer suicidal.
"I only came out to protest. I have much concerns for society. I absolutely do not feel suicidal,'' Fry told the court. He said he's committed to seeing the federal case through in court.
Forty-five minutes into the hearing, Judge Jones stood and adjourned the hearing.
As deputy marshals moved in to place handcuffs around Fry's wrists, Fry continued to object, shaking his head, and saying "I don't feel safe here,'' and referencing a rash or disease he said he feels like he's picking up in custody.
"Love you Dad,'' Fry uttered, before he was led out of court.
-- Maxine Bernstein
mbernstein@oregonian.com
503-221-8212
@maxoregonian