Dismissal of Charges Against Bunkerville Defendants
by Shari Dovale
The Federal prosecutors filed a motion to dismiss the superseding indictment against four defendants in the Bunkerville Standoff on Wednesday, February 7th.
Defendants from Tier 2, the final group set for trial, include Dave H. Bundy, Mel D. Bundy, Joseph D. O’shaughnessy, And Jason D. Woods.
The case is, in essence, over for these four men, as the motion specifically asked for the indictment to be dismissed with prejudice. This means there is no chance for the government to come back and attempt to try them for the same charges.
In light of the Judge’s order to dismiss the charges against the previous group of defendants last month, it is expected that Judge Gloria Navarro will grant this motion quickly.
The prosecutors filed a ‘Motion To Reconsider Orders Dismissing Indictment With Prejudice’ against the Tier 1 defendants, including Cliven Bundy, his sons Ammon and Ryan, and Activist Ryan Payne.
In this motion, the government admits to the snipers and the cameras:
There has never been any dispute that armed federal officers positioned themselves on public land so they could surveil the Bundy ranch to watch for signs of impending interference with the operation, and that at least for a time, they used a camera to assist with that surveillance.
However, the prosecution does not address the fact that they called these an “Urban Legend” and implied they were a fantasy made up by the defendants. Stating in court that the defendants were on a “fishing expedition”, they made every attempt to hide this evidence from the Court.
Judge Navarro gave the prosecution everything they wanted for months, actually years, until the truth was forced to come out. She ruled against the defendants at every turn. She finally tried to make things right last month when she ruled for the dismissal with prejudice.
The court was correct when it ruled that the prosecution violated the Brady rules multiple times. This seems to be one last-ditch effort on the part of AUSA Steven Myhre and company to save face.
Quite a lot is riding on this indictment for the government, including hundreds of millions of dollars. They must find a way to justify this bad behavior. Let’s hope that Judge Navarro does not fall for their fairy tales once again.
motion to dismiss with prejudice
motion to reconsider dismissal of tier 1
This motion is required in order for the case to be appealed to the 9th Circuit in San Francisco. This is the same court that mandated the re-sentencing of the Hammonds, which was the putative trigger for the Oregon standoff. Judges such as Navarro rarely overturn their own decisions. However, it is likely she would be overturned by the very reliably pro-government and very liberal 9th Circuit. Navarro could then re-try the case knowing the 9th Circuit has her back…and could confidently limit the defense as she did in the “tier 3 gunman” trials.
At that point, the Bundy’s would have to decide if they will respond to the summons for a retrial…and you can bet popular Clark County Sheriff Lombardo will not intervene. Will they hole-up at the ranch in Bunkerville and ask “militia” to come to their aid? If that’s the case, this won’t end well for the Bundys.
Wow, not picking on the little people, are you, Generalissimo? Nothing like marshaling the full force of the Federal government to “git ’em, boy”.
And just a point of order, Patriots are “pro-government”…”pro-good-government”. It Patriots protest against bad government that does not mean they are “Anti-Government”.
every single government official involved with this case should be charged and tried for treason Rest assured Justice is coming for the Bundys the Hammonds and mr. LaVoy
Myhre has already been dismissed from this case and assigned elsewhere. NOTHING will happen to any of these Federal **********s. They are all in bed together and they cover each others mistakes and failings as if they were all infallible. Just another case of the government boys and girls club. Once you are a member, you are never held accountable by your peers. Case in point: Clintons and the Clinton Foundation. There are NO rich people in prison!
Thank you Shari. Neil, I agree, well said as usual.
Thanks Shari….Have there been any comments as yet from the Bundys ? Myhre’s last desperate gambit ! Recall that Navarro has blamed this whole debacle on Myhre, and he really has nothing to lose in seeking a reversal of Navarro’s decision. If she allows the original Dismissal with prejudice to stand, Myhre will have botched the trial of the century. As Shari pointed out, his only chance of saving face is an admission by Navarro that she was hasty. But….how much is this hack’s face worth, at the price of another round of defeat and humiliation sure to come in any new trial ? This Bundy et all case has become the all time train wreck in the annals of jurisprudence. The thought of any new proceeding smacks of Kamakazi. Even in the Federal fantasy world it would be too much.