A federal judge Wednesday ordered the release of Oregon standoff defendant Dylan Anderson to his parents, allowing for his return to Utah pending trial.
U.S. District Judge Robert E. Jones ruled that Anderson, 35, isn't a flight risk and is no longer a danger to the community, particularly because he won't be allowed to possess any firearms while awaiting trial.
Dylan W. Anderson Anderson, known as "Captain Moroni,'' is one of 27 people facing federal indictment in the 41-day takeover of the Malheur National Wildlife Refuge outside of Burns in Harney County.
He has pleaded not guilty to conspiring to impede federal officers from working at the refuge through intimidation, threats or force, and to possession of firearms or dangerous weapons at a federal facility.
Samuel Kauffman, Anderson's court-appointed lawyer, argued that Anderson wasn't a leader of the occupation, didn't stay at the refuge over the duration of the occupation and lacks a criminal record beyond convictions for possession of alcohol by a minor and marijuana possession at age 18.
His attorney also pointed out the strong family support Anderson has, introducing his father and stepmother who had traveled to court from Utah with the hope of taking Anderson home. An older sister who lives in Beaverton also attended the hearing.
Assistant U.S. Attorney Geoffrey Barrow had sought Anderson's continued detention, but did point out to the judge that other co-defendants with similar backgrounds as Anderson's have been released pending trial.
According to federal prosecutors, Anderson was at the refuge on Jan. 3, photographed guarding the entrance with a rifle. He was quoted telling a reporter, "I didn't come here to shoot. I came here to die,'' according to a federal court filing.
Anderson had said he traveled to the Oregon refuge because he was inspired by Ammon Bundy, the leader of the occupation. Bundy has said the occupation was to protest federal control of public land and the return to prison of two Harney County ranchers convicted of setting fire to rangeland.
Anderson had told a reporter that God, in the form of a flock of geese, had validated his desire to join the refuge takeover.
"I just knew it was the right thing (to come to Oregon) ... I'm willing to die here,'' Anderson said, according to a federal court document.
The judge cited concern about Anderson's thought processes.
For someone to leave his family and wife, take up weapons and travel to the eastern Oregon refuge despite family protestations based "on a calling of God and wild geese" -- "that sounds like someone with a mental disturbance,'' Jones said.
"How can you make any sense of that?'' the judge asked.
Jones asked Anderson's lawyer if the defendant has ever seen a psychotherapist. Kauffman said Anderson had, but declined to offer more details.
Jones asked Anderson to explain.
"What about the wild geese?'' the judge asked him.
Anderson, standing beside his lawyer, said he was talking to a reporter and thought that referencing geese might stir some sympathy because he was on the grounds of a bird sanctuary.
"I'm a storyteller,'' Anderson said. "I told her about some geese I saw.''
"As I understand it, you were motivated by Mr. Bundy?'' Jones asked.
"Yes sir,'' Anderson replied.
According to prosecutors, Anderson left the refuge on Jan. 27, leaving behind two firearms, including an assault rifle and a handgun that had belonged to his grandfather. The FBI's Evidence Response Team has seized the weapons.
Anderson had returned to his home in Utah for 13 days in January before traveling back to the refuge on Jan. 21, his lawyer said. He wanted to check that he still had his delivery driver's job for a flower company. When he learned he had lost it, he went back to the refuge, his lawyer said.
Anderson, who was born and raised in Provo, Utah, plans to return to his wife and continue to live in a basement apartment in his mother's home that they rent, Kauffman said. His father and stepmother live close by in American Fork, Utah, according to his lawyer.
The judge allowed for Anderson's release, but asked Anderson's attorney to provide him with a report about Anderson's mental status that he could review.
Anderson must remain in Utah, except for trips to Portland for court appearances.
A trial is set for Sept. 7.
-- Maxine Bernstein
mbernstein@oregonian.com
503-221-8212
@maxoregonian