EF! case histories.
dstaples at livingston.net
Tue Oct 21 09:57:58 EST 1997
Court Cases involving eco-terrorists
(From the EcoTerror Response Network Web Site)
October 3 1996. Helena, Montana. Earth Firster Ronald J. Constable,
27, was sentenced in federal court to one year in a federal
penitentiary, $200 in restitution, one year of supervised probation
and 500 hours of community service for tree spiking in an October
incident near Essex, Montana (see 1993). Constable was permanently
prohibited from entering any state or federal public lands. In June
1996 he became the first person to be convicted under a 1988 federal
law against tree spiking. An undercover agent found Earth First
literature in his possession. Constable admitted affiliation with
Earth First. Tree-spiking conviction a first, Helena Independent
Record, Saturday, October 5, 1996, by Mark Goldstein, p. 1A.
March 21 1996. Long Creek Ranger District, Malheur National Forest,
Oregon. Earth Firsters calling themselves "Cascadia Rising" blocked
Forest Service Road 4555 leading to the Reed Fire Salvage Timber
They blocked the road with a Chevy pickup truck turned on its side
a tripod of poles with an activist hanging from the tip, a tactic
known as "hippie on a stick". The blockage prevented Malheur Lumber
Company logging crews from getting to their work site and kept
numerous recreationists from camping and hiking sites. The leader was
long-time Earth Firster Asante Riverwind (alias of Michael Christian,
date of birth February 4, 1953) of the Blue Mountain Biodiversity
Project, accompanied by Jessica Hinton and Steven E. Hazlett and ten
others (unidentified). On Sunday, July 14, 1996, Forest Service Law
Enforcement Officer Gale Wall made contact with Riverwind in the
Malheur National Forest and gave him five Notices of Violation for
leadership of and participation in the March incident. Riverwind
refused the notices and Officer Wall mailed them to his address in
Fossil, Oregon, certified return receipt requested. The total cost to
the taxpayer of the incident including road cleanup was $15,886.60.
Freedom of Information Act file # 6270-1-1 (96-193-MBS).
Assistant U.S. Attorney Barry Sheldal filed an Information against
Riverwind, who entered a guilty plea to one count of blocking a road.
On May 8, 1997, Federal Judge Ancer Hagerty of the United States
District Court in Portland, Oregon, ordered Riverwind to pay a $300
fine, $252.52 restitution and a $25 fee assessment, and placed him on
probation until restitution was paid. Riverwind paid the next day.
Case No. 9757. W. Alton Jones Foundation contributed $13,140.00 to
Riverwind's Blue Mountain Biodiversity Project in 1995 and $18,000 in
April 1, 1994. Kalispell, Montana. District Court Judge Michael Keedy
sentenced two brothers, Earth Firsters Daniel Sean Carter and Michael
Thomas Carter, for spiking trees, cutting down billboards and
vandalizing logging equipment. Daniel pleaded guilty to 2 of 4 counts
of felony criminal mischief, received nine years in prison,
ordered to pay $5,884 in restitution and 200 hours community service.
Two charges of cutting down signs were dismissed. Michael pleaded
guilty to 3 of 12 counts of felony criminal mischief, was given 19
years prison with all but 90 days in county jail suspended, ordered
pay $34,473 in restitution and 200 hours community service. Other
charges of cutting down billboards were dismissed. Michael was also
convicted of vandalizing equipment belonging to Schellinger
Construction Company. The crimes were committed between December 1989
and July 1991. The brothers worked as carpenters. Carter brothers to
pay $40,000 for spiking trees, Hungry Horse News, Thursday, April 7,
1994, by Becky Shay, p. 25.
8/27/93. Nez Perce National Forest, Idaho. Seven Earth First
convicted of criminal trespass for violating a U.S. Forest Service
closure of the Cove-Mallard area. Those found guilty were: Jacob
Lawrence Bear, 24; Lawrence Alan Juniper, 44; Michael Richard Vernon,
43; Michele E. Pflam, 24; Beatrix A. Jenness; Peter J. Leusch; and
Megan E. McNalley. Pflam received the biggest fines as Boyle imposed
$250 for violating the closure and another $250 for interfering with
authorities by chaining herself with a bicycle lock July 15 to the
rear axle of a Forest Service vehicle. Earth First Activists
Of Violating Forest Closure, Portland Oregonian, Friday, August 27,
1993, by The Associated Press, p. D6.
8/11/93. Spokane, Washington. Earth Firsters John P. Blount, 32, of
Masonville, Colorado, and Jeffrey C. Fairchild, 27, Ashland,
Wisconsin, were sentenced for convictions on two counts of tree
spiking the Post Office Creek timber sale in Idaho in March 1989, two
counts of destruction of federal property and two counts of
conspiracy. Blount was handed a 17-month jail term and fined $1,000.
Fairchild was given 60 days in jail and a $1,000 fine. Both were
ordered to pay a one-quarter share of the $19,639 in damage to spiked
trees. A third defendant, Daniel A. LaCrosse, 36, Salem, New
Hampshire, was charged with conspiracy to spike trees and conspiracy
to destroy government property. Two other defendants, Arvid Hartley
and Neil McClain were both sentenced to 90 days home detention and
ordered to pay their share of the $19,639. Clearwater Forest Trial
Opens In Idaho Tree-Spiking Case - Lawyer Denies Intent To Harm
Anyone, Lewiston Tribune, June 8, 1993, by The Associated Press, p.
5A. See also, U.S. tree-spiker sentences surprisingly stiff,
Sun (British Columbia), August 17, 1993, by Neal Hall, p. C1.
6/4/93. Missoula, Montana. Arvid E. Hartley and Neil K. McLain
guilty in federal court to misdemeanor charges of spiking trees in
Idaho. They agreed to testify against three others accused in a
tree-spiking March 29, 1989. Accused were John Blount, Jeffrey C.
Fairchild and Daniel A. LaCrosse. Hartley and McLain both admitted
that they put metal spikes in trees with the intent to hinder a
sale in the Post Office Creek area of the Clearwater National Forest
near Powell, Idaho. Two Plead Guilty To Spiking Trees To Stop Sales
Idaho, Portland Oregonian, Saturday, June 5, 1993, from correspondent
and wire reports, p. B8.
8/13/92. Cove/Mallard, Idaho. Three Earth First activists pleaded
guilty to criminal trespass and spent 9 days in jail for locking
themselves to road-construction equipment in Nez Perce National
Forest. Tree-spiking discovered in old-growth timber stand nearby.
three had been charged with resisting arrest, obstructing justice and
injury to a vehicle. Each was fined $100 and sentenced to 60 days in
jail. Earth First! Activists Get Out of Jail - Trio Had Chained
To Road Construction Gear In Idaho; Spiked Tree Found Nearby, Rocky
Mountain News, Thursday August 13, 1992, by Associated Press, p. 1.
6/13/91. Murphysboro, Illinois. Three Earth Firsters, Rene Cook of
Murphysboro, John Wallace of Waterloo and Thomas Herb of Carbondale
were convicted on misdemeanor charges of disorderly conduct,
obstruction and criminal trespass. Three convicted in timber protest,
Southern Illinoisian, June 13, 1991, by Phil Brinkman, p. 1A.
7/16/90. Gallatin County, Montana. Earth Firster Lyn Lee Georges
Dessaux arrested on two counts of misdemeanor assault, one for
multiple stabbings of Dan R. Jacobs of Kalispell with a ski pole, the
other for multiple stabbings of Hal Slemmer of Billings with a ski
pole, in a Fund for Animals protest on March 17 to disrupt the
hunt near West Yellowstone. Dessaux became so violent that the animal
rights video camera operator documenting the scene stopped taping and
screamed at Dessaux to stop. Dessaux was found guilty on both counts
February 8, 1991 in a jury trial in Justice Court in Bozeman (Case
Number CR90-0963). Justice of the Peace Scott Wyckman sentenced
Dessaux to 6 months in Gallatin County Jail, suspended to 45 days.
Dessaux was released after 28 days on condition he perform community
service with the Humane Society in lieu of paying court debts, but
shelter rejected his help. Sentence in the case of The State of
Montana v. Lyn Georges Dessaux, Case Number CR90-0963, February 8,
1991. Shelter Rejects Bison Activist - Humane Society Wont Take His
Help, Bozeman Daily Chronicle, Saturday, March 9, 1991, by The
Associated Press, p. 1A.
My Ego Stroke: http://www.livingston.net/dstaples/
More information about the Ag-forst