Upload
truongnhu
View
219
Download
0
Embed Size (px)
Citation preview
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 1 Complaint In Rem FOR FORFEITURE
DECLARATION OF SPECIAL AGENT KATHERINE D. ARMSTRONG
I, Katherine D. Armstrong, do hereby declare:
Training and Experience
1. I am a Special Agent (SA) of the Federal Bureau of Investigation (FBI) and
have been so employed for approximately two (2) years. I am currently assigned to
the FBI’s Portland Division and am part of the violent and organized crime squad.
In 2014, I successfully completed twenty-one (21) weeks of training at the FBI
Academy located in Quantico, Virginia. During that time, I was taught the use and
practical application of various investigative techniques that Federal law
enforcement officers are allowed to employ.
2. In addition to my formalized training in violations of the law at the FBI
Academy, I have also acquired knowledge and information pertaining to violations
of federal law from numerous other sources, including: formal and informal training
by other law enforcement officers and investigators, informants, and my
participation in other investigations. Prior to joining the FBI, I was a prosecutor
with the Philadelphia District Attorney’s Office for approximately two-and-a-half
years and briefly worked in the private sector as a civil litigator. I attended law
school at Temple University in Philadelphia, Pennsylvania, and have been admitted
to practice law since October 2010.
Purpose of Declaration and Background of the Investigation
3. This declaration is made in support of the Complaint in rem for the forfeiture
of 50 firearms and assorted ammunition described below. The facts set forth in this
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 1 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 2 Complaint In Rem FOR FORFEITURE
declaration are based on the following: my own personal knowledge; knowledge
obtained from other individuals during my participation in this investigation,
including other law enforcement officers; my review of records related to this
investigation; communications with others who have knowledge of the events and
circumstances described herein; and information gained through my training and
experience. Because this declaration is submitted for the limited purpose of
establishing probable cause in support of the forfeiture of the defendants in rem, it
does not set forth each and every fact that I or others have learned during the
course of this investigation.
4. Federal law provides that it is unlawful under 18 U.S.C. § 372 to conspire to
impede officers of the United States from discharging their duties by force,
intimidation, or threat. Under 18 U.S.C. § 924(d), any firearm or ammunition
involved in or used in any violation of any criminal law of the United States is
subject to seizure and forfeiture. As described below, each of the defendants, in
rem, was involved in or used in a conspiracy to impede officers of the United States,
in knowing and willful violation of 18 U.S.C. § 372, and is therefore forfeitable to
the United States pursuant to 18 U.S.C. § 924(d).
5. On January 2, 2016, several hundred unidentified individuals participated in
a protest in Burns, Oregon, related to the resentencing of local ranchers Steven and
Dwight Hammond following their criminal convictions by a jury. Following the
protest, certain now-indicted conspirators entered the Malheur National Wildlife
Refuge (MNWR), blocked the entrance, and began an unlawful armed occupation of
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 2 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 3 Complaint In Rem FOR FORFEITURE
several buildings within the MNWR. The MNWR and all buildings located thereon
are federal property and facilities located in Harney County in the District of
Oregon. The armed occupation of the MNWR was continuous and ongoing from
January 2, 2016, until the occupation ended in the morning hours of February 11,
2016.
6. At the time of the takeover of MNWR, those involved in the initial entry and
occupation (occupiers) carried out the initial clearing of buildings on MNWR while
most were armed with rifles. The individuals cleared the buildings in a tactical
manner while armed. Occupiers also moved MNWR vehicles into positions that
blocked entrances to the MNWR. Occupiers moved heavy equipment in front of at
least one entrance to the MNWR as well.
7. The MNWR is staffed by employees of the United States Fish and Wildlife
Service (USFWS). As a result of the armed occupation of the MNWR by the known
conspirators and others, employees of the USFWS who work at the MNWR were
prevented from reporting to work during the occupation because of threats of
violence posed by the defendants and others occupying the property. Sixteen (16)
federal employees work at the MNWR, including one federal law enforcement officer
and a volunteer coordinator who lived on the Refuge before the armed takeover and
works in the visitor center. The MNWR was closed on January 2, 2016, and portions
of the facility that occupiers used remain closed to the public as of the date of this
declaration. Employees were allowed to return to work at the MNWR on or about
February 29, 2016.
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 3 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 4 Complaint In Rem FOR FORFEITURE
8. Due to the presence of armed individuals occupying MNWR, and also upon
learning that some of the occupiers’ supporters were still in the Burns area, the
Bureau of Land Management (BLM) made the decision to close the Burns District
Office, located at 28910 Highway 20 West, Hines, Oregon, 97738. The BLM office
was closed during the entire time the MNWR was unlawfully occupied. This action
was taken out of concern for the safety of the approximately 80 employees who work
there.
9. Throughout the armed occupation, many occupiers were photographed by
local, state, and national news media outlets carrying guns on their person.
Occupiers were photographed carrying both long guns and pistols in clearly visible
holsters. The carrying of these weapons was intended as a show of force and
intimidation.
10. Individuals who participated in the armed occupation of MNWR made
statements concerning the possession of firearms --- including the need for
additional firearms to be brought by additional supporters to MNWR --- so that the
demands they made would be taken seriously, so they could defend themselves if
law enforcement officers engaged with them, and because they were conducting
security patrols of MNWR. Additionally, several armed occupiers stated they would
not leave without their demands being met, and were willing to die at MNWR. For
example, occupier Jon Ritzheimer stated on several social media websites that he
would not be arrested and, “I want to die a free man.” Ritzheimer made further
video-taped statements such as “I am one hundred percent willing to lay my life
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 4 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 5 Complaint In Rem FOR FORFEITURE
down to fight against tyranny in this country,” and while addressing his family, said
that no matter what, “just know that I stood for something, don’t let it be in vain.”
Occupiers Blaine Cooper and Jon Ritzheimer posted a video to YouTube on January
4, 2016. In the video, Ritzheimer stated, “we need you to get here and stand with us.
More than anything. … Whether you are armed or unarmed, you get up here.”
11. In public meetings preceding the takeover, both Ryan Payne and Ammon
Bundy, characterized by other occupiers as leaders in the armed occupation, stated
that the intent of their effort was to remove the federal government from Harney
County and to prevent the Hammonds from spending one more night in jail. During
the first few days of the armed occupation, indicted co-conspirator Pete Santilli used
his YouTube Channel to provide live-stream coverage of the events in Burns,
Oregon. During one of these live-stream sessions late at night on January 5, 2016,
Joseph O’Shaughnessy was interviewed and stated, “I’m right now in the process of
trying to set up a constitutional security protection force to make sure that these
federal agents and these law enforcement don’t just come in here like cowboys,
that’s we have to prevent that…”
12. During an interview on a national news morning show, which was filmed
during the occupation, Ammon Bundy stated the occupiers were armed because “We
are serious about being here. We’re serious about defending our rights, and we are
serious about getting some things straightened out.” When asked if he anticipated
the occupation would lead to violence, Bundy responded, “Only if the government
wants to take it there.”
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 5 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 6 Complaint In Rem FOR FORFEITURE
13. On January 5, 2016, in a video taken by indicted co-conspirator Pete Santilli
and posted to YouTube, Jon Ritzheimer stated, “last word we got is they’re headed
out here,” in reference to the belief the armed occupiers held, that they were going
to be raided by the federal government. Ritzheimer goes on to state, “they’re headed
out here, uh, so we are trying to plan and maintain a defensive posture.” In the
video, Ritzheimer can be seen carrying what appears to be, based on my training,
experience, and knowledge of firearms, an AR-15 style rifle with a sling.
14. The armed occupiers would often hold press briefings on MNWR grounds.
During a press briefing videotaped on January 3, 2016, Ammon Bundy stated, “We
are calling people to come out here and stand,” and “We need you to bring your
arms and we need you to come to the Malheur National Wildlife Refuge.” At one
point during the armed occupation, environmental activists attended to hold
counter protests. During one of these press briefings and counter protests, an
environmental activist was accused by indicted co-conspirator Pete Santilli of being
an undercover FBI agent. I reviewed an interview of the activist accused of being an
undercover agent, and learned that when the accusation was levied, the crowd
became ugly, at which point the activist and a friend who also attended left the
scene as they feared for their safety.
15. According to numerous reports and interviews I read concerning this matter,
armed occupiers conducted security patrols and performed guard duty both in a
watchtower overseeing the MNWR and at front and back entrances to the MNWR.
Patrol and guard duties typically required occupiers to carry either a sidearm or
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 6 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 7 Complaint In Rem FOR FORFEITURE
have access to a long gun. Ryan Payne, along with other unknown unindicted co-
conspirators, provided guidance to other occupiers concerning tactics, and occupiers
were placed into “teams” to split up guard shift and patrol duties. When not on
duty, some teams would practice patrol movements. There was firearm training at
the refuge as well, though not all occupiers participated.
16. On January 26, 2016, at approximately 4:25 p.m., the FBI and the Oregon
State Police began an enforcement action to take into federal custody individuals
involved in the armed occupation of the Malheur National Wildlife Refuge. Shots
were fired during the arrest, and LaVoy Finicum was killed. Ryan Bundy was
injured. The following individuals were taken into custody: Ammon Bundy, Ryan
Payne, Ryan Bundy, Brian Cavalier, and Shawna Cox. During separate events in
the evening of January 26, 2016, Joseph O’Shaughnessy and Peter Santilli were
taken into custody as well. Jon Ritzheimer was taken into custody in Arizona on the
same day.
17. On January 26, 2016, Ammon Bundy, Ritzheimer, O’Shaughnessy, Payne,
Ryan Bundy, Cavalier, Cox, and Santilli were charged by Criminal Complaint with
the felony crime of Conspiracy to Impede Officers of the United States from
discharging their official duties through the use of force, intimidation, or threats, in
violation of Title 18, United States Code, Section 372.
18. On January 28, 2016, Duane Ehmer, Dylan Anderson, and Jason Patrick
were charged by Criminal Complaint with the felony crime of Conspiracy to Impede
Officers of the United States from discharging their official duties through the use
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 7 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 8 Complaint In Rem FOR FORFEITURE
of force, intimidation, or threats, in violation of Title 18, United States Code,
Section 372.
19. As described above, the individuals initially charged by criminal complaint
and later indicted by a grand jury, most of whom were armed, worked together with
many additional unindicted actors, both known and unknown, to control federal
property while refusing to leave, intending to impede and prevent by force the
federal officials who worked on and used that property from performing their official
duties. The use and display of firearms was integral to this conspiracy.
Seized Firearms and Ammunition Subject to Forfeiture
20. After the death of Finicum and arrest of Ammon Bundy and other leaders of
the occupation on January 26, 2016, remaining occupiers of MNWR began to leave
the refuge. By the early morning hours of January 27, 2016, law enforcement
officers had established a series of checkpoints at major roads in and out of MNWR.
Prior to the checkpoints being established, several vehicles left the refuge. Some of
these occupiers may have left with weapons, as they left prior to a later law
enforcement instruction to occupiers to leave MNWR without their weapons.
21. Several occupiers refused to leave MNWR grounds by January 28, and
established an encampment area outside on the west side of MNWR. These
individuals engaged in lengthy negotiations with FBI. As mentioned above, it was
communicated to these final occupiers that they were to leave MNWR without their
weapons.
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 8 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 9 Complaint In Rem FOR FORFEITURE
22. The occupations ended on February 11, 2016 when the last occupier, David
Fry, surrendered to FBI agents at MNWR.
23. A search of MNWR commenced on February 12, 2016 at approximately 8:00
a.m. The search ended on February 23, 2016 at approximately 2:38 p.m. Consent to
search all MNWR facilities and property was given by Federal Wildlife Officer John
Megan.
24. Throughout the armed occupation, occupiers were seen driving government
vehicles. These vehicles were also searched by FBI agents. Consent to search those
vehicles was also given by Federal Wildlife Officer John Megan.
25. During the search of MNWR facilities and property, 14 privately owned
vehicles were determined to be present on MWNR property. On February 19, 2016,
a search warrant was signed and agents began to search those vehicles.
26. In all, a total of 23 structures, nine (9) exterior locations, 14 privately-owned
vehicles, and numerous government-owned vehicles were searched.
27. During the search, the following ammunition was seized from the MNWR
guard tower (Building 21):
Item Group No. Item Description 33 One (1) round of ammunition with “04, 75” markings
28. The following ammunition was seized from the RV Park Day Room (Building
15):
///
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 9 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 10 Complaint In Rem FOR FORFEITURE
Item Group No. Item Description 34 Sixteen (16) .223 caliber ammunition rounds, packaged in
container found separately
35 Two (2) magazines each with large caliber bullets, no serial number visible
36 One (1) box of Remington brand buckshot, 12-gauge, containing (5) shotshells
29. The following ammunition was seized from the three-bedroom bunkhouse
(Building 17) located on MNWR:
Item Group No. Item Description 37 One (1) unspent rifle ammunition round, 7.62 x 54
38 One (1) unspent rifle ammunition round, 7.62 x 54
39 One (1) box of “Red Army Standard” 7.62 x 54R cartridges,
containing nineteen (19) unspent cartridges
40 One (1) box of “Red Army Standard” 7.62 x 54R cartridges, contains six (6) unspent cartridges
41 Three (3) boxes of “ZQ Ammunition”, 7.62 x 51mm rifle cartridges, with two (2) full boxes containing twenty (20) rounds and one (1) box containing four (4) rounds, all unspent
42 Thirty-five (35) rifle rounds, unspent, unknown caliber
43 One (1) unspent 7.62 x 54 ammunition round
44 One (1) Smith & Wesson .40 caliber ammunition round
45 One (1) full box of “AR Tactical” “22 Long Rifle” .22 caliber ammunition rounds
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 10 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 11 Complaint In Rem FOR FORFEITURE
30. The following ammunition was seized from the maintenance shop (Building
12) located on MNWR:
Item Group No. Item Description 46 Forty-one (41) unspent rifle rounds, .223 caliber
47 One (1) unspent rifle round, .223 caliber
48 One (1) unspent rifle round, .223 caliber
49 One (1) 12-gauge shotgun shell, red and gold in color
50 One (1) unspent rifle round, .233 caliber
51 One (1) unspent rifle round, .223 caliber
52 One (1) rifle magazine
31. The following ammunition was seized from the new fire shop (Building 19)
located on MNWR:
Item Group No. Item Description 53 Three (3) magazines containing ammunition
54 Four (4) shotgun shells
55 Six (6) shotgun shells
56 One (1) 7.62 round
57 One (1) loaded magazine
32. The armed occupiers who stayed on the refuge after January 28, 2016,
created an outdoor encampment on the west side of MNWR. The encampment was
located adjacent to a trench and when searched between the dates of February 15
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 11 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 12 Complaint In Rem FOR FORFEITURE
and February 19, 2016, contained abandoned property, government-owned vehicles,
and privately-owned vehicles. The following firearms and ammunition were seized
from the west encampment:
Item Group No. Item Description 58 Defense Procurement Manufacturing Services (DPMS), model
Panther, .223 caliber, serial number FH218222, with shoulder stock, strap, bipod, tactical grip and Vortex Strikefire scope
59 Anderson Manufacturing, model AM15, multi-caliber, serial number 15120075, with shoulder stock and sight
60 Remington Arms Company, Inc., model 740, serial number 18173, with strap
61 Tula (Russian) rifle, model SKS, .762 caliber, serial number 255, with attached bayonet
62 Izhmash (IMEZ) - RA, model Saiga, .223 caliber, serial number H09163414
63 “The Rifle Specialist”, model PRS-15, 5.56mm, serial number PRS 10001112, with scope
64 Smith & Wesson, model 10, .38 caliber, serial number D320584
65 Hi-Point, model C9, 9mm pistol, serial number P1301748
66 One (1) white cardboard box sealed and said to contain 250 12- gauge shotgun shells
67 One (1) white cardboard box sealed and said to contain 1,000 5.56mm cartridges
68 One (1) green plastic Cabelas-brand ammunition box sealed and said to contain 900 7.62mm cartridges
69 One (1) green metal ammunition box sealed and said to contain 100 30-30 cartridges
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 12 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 13 Complaint In Rem FOR FORFEITURE
70 One (1) green plastic ammunition box sealed and said to contain 670 5.56 cartridges
71 Ammunition described as: “10 shotgun shells; Excess of 350 7.62x39 cartridges”
72 Ammunition described as: 20 - 22.250 Rem; 27-7.62x39, 700 - .22; 8 - 30-30; 40 - 7.62x54; 40 - 45 Auto; 48-9mm
73 Ninety (90) shotgun shells, three (3) .223 cartridges, one (1) .45 auto cartridge, and one (1) 30-30
74 Twenty-seven (27) .223 cartridges
75 Two (2) magazines with cartridges
76 Seven (7) 7.62x39 cartridges
77 Six (6) 6.38 caliber cartridges
78 One (1) magazine containing forty-five (45) 5.56 cartridges
79 One (1) magazine and seventeen (17) cartridges
80 Three (3) magazines (empty) and 156 live rounds, 9mm Luger
81 Two (2) magazines and fifty-nine (59) cartridges
82 Two (2) magazines containing 5.56 mm cartridges
83 One (1) magazine containing cartridges
84 Cartridges: Ten (10) 30-06, seventy-six (76) 300 Winchester and ninety-six (96) 7.62
85 Sun City Machinery Co., 12-gauge shotgun, model Stevens 320, serial number 134744C
86 Tennessee Arms, model TNARMS-15, 556 NATO caliber, serial number 1527410852, with shoulder stock
87 Amadeo Rossi, model type not provided, 38 special, serial number D254978
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 13 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 14 Complaint In Rem FOR FORFEITURE
88 Benelli, model Nova, 12-gauge, serial number Z492773, with strap
89 Smith & Wesson, model 686, .357 caliber, serial number AWT7091
90 Sig Sauer, model P220, .45 caliber, serial number G171401
91 Remington Arms Company, model 783, .308 caliber, serial number RM93637F, with strap, scope, and bipod
92 Sturm Ruger, model Mini 14, 5.56 NATO caliber, serial number 583-11135, with shoulder stock
93 Ruger, model Mini 14, .223 caliber, serial number 187-05936, with strap bearing the name “Sage”
94 Winchester 12-gauge shotgun, model 1300 Defender, serial number L3624942, with external shotgun shell holder
95 Mossberg, model 500A, 12-gauge, serial number U348536
96 Taurus, model PT740 Slim, .40 caliber, serial number SGT34329
97 Jimenz Arms, model J.A. 380, .380 caliber, serial number 093877
98 Five (5) shotgun shells
99 One (1) magazine containing Remington .223 caliber rounds and one (1) loose, .223 caliber round
100 Five (5) .38 Special rounds
101 One (1) Tapco magazine containing 7.62 rounds
102 Five (5) shotgun shells
103 Six (6) .357 caliber rounds
104 Three (3) magazines containing .45 caliber rounds and one (1) loose, .45 caliber round
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 14 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 15 Complaint In Rem FOR FORFEITURE
105 One (1) magazine containing .308 caliber rounds and one (1) loose, .308 caliber round
106 Two (2) magazine containing .223 caliber rounds
107 One (1) magazine containing .223 caliber rounds
108 One (1) magazine containing .223 caliber rounds and one (1) loose, .223 caliber round
109 Fourteen (14) shotgun shells
110 One (1) magazine containing 40 caliber rounds
111 One (1) magazine containing 380 rounds
112 One (1) white cardboard box sealed and said to contain: 50 (fifty) 12-gauge shells; 15 (fifteen) .308 rounds; 300 (three hundred) rounds Remington 22 Thunderbolt; 500 (five hundred) .223 rounds contained in 8 (eight) magazines; 200 (two hundred) .45 rounds in one (1) blue bag; 25 (twenty-five) .40 rounds in one (1) blue bag; 25 (twenty-five) 9mm rounds contained in 3 (three) magazines
113 Ammunition described as: 6 - 12-gauge shotgun shells; 4 - 7.62 cartridges; and 2 - .45 caliber cartridges
114 Sturm Ruger, model Mini 14 Ranch Rifle, .223 rem caliber, serial number 197-14924, with strap and scope
115 Hi-Point, model C9, 9mm, serial number P1668416
116 Remington, model 870 Express Magnum, 12-gauge, serial number A369528M
117 Ruger, model Single Six, .22 caliber, serial number 268-20582
118 Ruger, model Speed Six, .357 caliber, serial number 162-20762
119 Tula Russian SKS rifle, 7.62x39mm, “Made in Russia” - Imported Vermont, serial number 3K8550
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 15 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 16 Complaint In Rem FOR FORFEITURE
120 IMBEL/Springfield Armory, model 1911A1, .45 caliber, serial number N523326
121 Rifle, Manufacturer Yugoslavia, model 59/66A1, .762 caliber, serial number G200828, with strap, flashlight, and bipod
122 Harrington & Richardson/New England Firearms Gardner, 12-gauge, serial number NK268865, with strap
123 Steyr, (Importer PW Arms), “Made in Russia”, model unknown, 30 7.62 x 54R caliber, serial number RMN0126828, with strap
124 Savage Arms, model 116, .300 Winchester Magnum caliber, serial number H585352, with scope
125 Winchester, model 94A, .30 Winchester caliber, serial number 5311759
126 One (1) white cardboard box sealed and said to contain: 900 (nine hundred) .223 cartridges; 500 (five hundred) .45 caliber rounds; 400 (four hundred) 7.62 caliber rounds; 250 (two hundred-fifty) 9mm rounds; 50 (fifty) .22 caliber rounds; 50 (fifty) .357 caliber rounds
127 One (1) white cardboard box sealed and said to contain: 150 (one hundred-fifty) .223 rounds; 50 (fifty) 22-250 rounds; 50 (fifty) .357 rounds; 60 (sixty) 7.62 rounds; 25 (twenty-five) 30-30 rounds; 25 (twenty-five) .38 rounds; 15 (fifteen) .45 rounds
128 One (1) 12-gauge shotgun shell
129 Nine (9) shotgun shells
130 Six (6) .22 caliber cartridges
131 Five (5) cartridges
132 Seven (7) 30.30 cartridges
133 Two (2) magazines containing 45 caliber cartridges
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 16 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 17 Complaint In Rem FOR FORFEITURE
134 Two (2) magazines containing .223 cartridges
135 One (1) magazine containing thirty-nine (39) 7.62 cartridges
33. In addition to creating encampments, the armed occupiers dug several
trenches. Investigators referred to these trenches in reports as Trench 1, Trench 2,
and Trench 3. Trench 1 was located on the west side of MNWR, adjacent to the west
encampment and MNWR parking lot. Trench 2 was located adjacent to the guard
tower. Trench 3 was determined to primarily be a garbage pit, located in the
proximity of MNWR RV pads, adjacent to a large gravel pile and MNWR burn area.
The following ammunition was seized from Trench 2:
Item Group No. Item Description 136 One (1) rifle round, type not provided
137 One (1) shotgun shell
138 One (1) shotgun shell
34. The following ammunition was seized from a fire truck located near the east
blockade on MNWR:
Item Group No. Item Description 139 One (1) rifle magazine
35. The following ammunition was seized from the fire bunkhouse (Building 20)
on MNWR:
Item Group No. Item Description 140 Two (2) rounds of 7.62 x 39 Tulammo (live)
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 17 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 18 Complaint In Rem FOR FORFEITURE
141 One (1) round of 7.62 x 39 Tulammo (live)
142 One (1) 12-gauge made in USA black color shotgun shell (live)
143 Twenty-Three (23) rounds of Fiocci USA 223 Remington (live)
144 One (1) pistol magazine with thirty (30) round capacity, black in color; loaded with unknown number of live ammunition with red tip
145 Seven (7) rounds LC15 greentip
146 Two (2) bullets [one (1) LC14 + one (1) LC08]
147 One (1) round 22 Hornet (live)
148 Three (3) rounds 7.62 x 39 (live)
149 Three (3) bullets LC14
150 One (1) 10 x bullet holder GGG Assy 11010483
151 One (1) bullet LC15 (live)
152 One (1) White Centurio 2 3/4" 12-gauge shotgun shell
153 One (1) bullet “Hornady” 223 REM broken tip
154 One (1) 2 x bullet holder GGGASSY 11010483
155 One (1) blank bullet, Shelton LPS 845LC
156 One (1) bullet RP 38 SPL
157 One (1) Mech-gar 18-round magazine with 18 rounds –“Beretta” written on it
158 One (1) bullet LC14
159 One (1) round of Winchester 45 auto ammunition
160 One (1) Live “FC1614” round of ammunition
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 18 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 19 Complaint In Rem FOR FORFEITURE
161 One (1) shotgun shell, “00 Buck”
162 One (1) box of “Remington 308 WIN x twenty (20) live rounds of ammunition”
163 Five (5) live rounds of GFL 9 Corto 03 ammunition
164 Forty-one (41) live rounds of PPU 223 REM ammunition
165 Eight (8) Winchester 12-gauge shotgun shells: seven (7) buck and one (1) slug
166 Two (2) boxes of Federal 45 auto ammunition, 100 live rounds
167 Four (4) live rounds of ammunition: three (3) FC2414 and one (1) LC15
168 Two (2) live rounds: one (1) LC12 and one (1) .223 Remington
169 One (1) empty Glock 9mm thirty-one (31) round magazine with spring and bottom plate
170 One (1) round “OEV 02 M80 7.62” ammunition
171 One (1) live round of Remington ammunition
172 Two (2) live Winchester 12-gauge shotgun shells, red in color
173 One (1) live round of FC 308 Winchester ammunition
174 Two (2) live rounds of ammunition: one (1) FC1614 and one (1) FC0714
175 One (1) live round of Winchester 9mm Luger ammunition
176 One (1) live round of LC15 ammunition
177 One (1) live round of “b x n 54” ammunition
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 19 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 20 Complaint In Rem FOR FORFEITURE
36. The following ammunition was seized from MNWR employee Carla
Burnside’s office (Building 7A) on MNWR. Ms. Burnside had not been in her office
since the occupation began and was present at the time of the search during which
the following items were seized, none of which belonged to her.
Item Group No. Item Description 178 One (1) unspent round of ammunition, caliber not visible
179 Five (5) .45 caliber ammunition rounds, unspent, found
together
180 Twenty-five (25) Winchester 12-gauge shotgun shells
181 Two (2) black magazines with “Gale Benson” scratched on bottoms, full of large ammunition rounds
182 Three (3) .45 caliber ammunition rounds, unspent
183 One (1) box of American Eagle brand 5.56 x 45 mm, green tipped, unspent ammunition rounds, box ripped with large quantity of rounds spilled on floor
184 Approximately eighty-four (84) unspent rifle ammunition rounds, with green tips found in gray bag
185 Twenty (20) .38 caliber ammunition rounds, unspent, found together inside white bottle
186 One (1) Sturm, Ruger & Company, Inc. magazine (empty), black in color, inside plastic bag and one (1) Ruger magazine (empty), black in color, inside original packaging
187 One (1) white container labeled “45 Auto”, full of unspent ammunition rounds
188 Five (5) boxes of Winchester 12-gauge shotgun shells, all boxes full
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 20 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 21 Complaint In Rem FOR FORFEITURE
37. The following ammunition was seized from MNWR employee Linda Beck’s
office (Building 7B) on MNWR. Ms. Beck had not been in her office since the
occupation began. Ms. Beck assisted the evidence response teams in determining
what items were property of the MNWR. The following items were seized, none of
which belonged to Ms. Beck:
Item Group No. Item Description 189 Bulk live ammunition Wolf WPA .223 Remington
190 One (1) box .38 Special 147gr Total Metal Jacket and one (1)
loose round
191 .38 Special 158gr jacketed hollow point bullets
192 One (1) green box containing loose, 7.62 ammunition
193 Eight (8) .357 live rounds
194 .223 bullets in brown paper wrapping
195 Four (4) rounds of R-P .38 Special
196 Four (4) 12-gauge shotgun shells (3 green shells and 1 red shell)
197 Twenty (20) rounds CBC brass .357 Magnum
198 Thirty-four (34) boxes of 12-gauge 00 Buckshot shells and five (5) additional loose shells
199 Two (2) black metal ammunition magazines with bullets
200 One (1) box American Eagle 5.56 X .45mm grain Full Metal Jacket bullets
201 One (1) box .223 Remington HV 50GRS V-Max polymer tip bullets
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 21 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 22 Complaint In Rem FOR FORFEITURE
202 One (1) black, high capacity magazine containing bullets
203 One (1) box .45 auto 230gr “FMJ Tul” ammunition
204 One (1) black, high capacity magazine containing bullets
205 One (1) bag of loose 9mm Luger bullets
206 One (1) .45 Colt WW bullet
207 One (1) box 12-gauge, 2 3/4 inch, 1 1/8 ounce, 8-shot, target load shotgun shells
208 One (1) partial box Hornady Zombie Max green tip 40 S&W 165gr bullets
209 Two (2) gray-colored metal ammunition magazines
210 Two (2) boxes MKE ZQ ammunition 7.62X51MM
211 Two (2) boxes Ultramax Remanufactured .223 Remington ammunition
212 One (1) box of Fiocchi ammunition 22-250 Remington and one (1) box of Remington High Performance Rifle 22-250 Remington ammunition
213 Four (4) boxes of Fiocitti ammunition .223 Remington, two (2) boxes Hornady ammunition .223 Remington, twelve (12) stripper clips containing .223 ammunition
214 One (1) box 12-gauge, 2 3/4 Dram Eq., 1 1/8 ounce, 8-shot Target Load, “Federal Ammunition”
215 One (1) Wolf .223 Remington live round
///
///
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 22 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 23 Complaint In Rem FOR FORFEITURE
38. The following ammunition was seized from the boat launch area at MNWR,
located approximately 1.5 miles northeast of the MNWR RV parking area:
Item Group No. Item Description 216 Seventeen (17) 7.62 caliber shell casings
217 Thirty (30) 7.62 caliber shell casings
218 Forty-two (42) 9mm caliber shell casings
219 Seven (7) .40 caliber shell casings
220 Ten (10) .45 caliber shell casings
221 One (1) live 7.62 caliber round
222 Ten (10) 7.62 caliber shell casings
223 Six (6) .308 caliber shell casings
224 Six (6) .223 caliber shell casings
225 Thirty-one (31) 9mm caliber shell casings
226 Thirty-four (34) .45 caliber shell casings
227 Five (5) 7.62 caliber shell casings
228 Sixty-eight (68) .223 caliber shell casings
229 One hundred fifty-eight (158) 9mm caliber shell casings
230 Thirty-eight (38) .40 caliber shell casings
231 Four (4) .45 caliber shell casings
232 Fourteen (14) 7.62 caliber shell casings
233 Seventy-six (76) 7.62 caliber shell casings
234 Six hundred eighty-four (684) .223 caliber shell casings
235 Thirty-eight (38) 9mm shell casings
236 Eighteen (18) .40 caliber shell casings
237 Sixteen (16) .45 caliber shell casings
238 Twenty-four (24) 7.62x39 shell casings
239 Three (3) live .223 rounds
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 23 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 24 Complaint In Rem FOR FORFEITURE
240 Two hundred ninety-two (292) .223 shell casings
241 One green metal ammunition box with “KPK” inscribed on exterior, containing three hundred forty-two (342) rounds of .308 ammunition, and seven (7) “Pmag” clips and one magazine in packaging
39. The following ammunition was seized during a ground sweep of MNWR. It
was located near MNWR’s fence line near the field house, on both sides of the fence
line. The fence separated MNWR from a private residence, described as a one-story
green house with white external propane tank:
Item Group No. Item Description 242 Four (4) .223 caliber shell casings and two (2) 7.62 caliber shell
casings
40. The following ammunition was seized from the north side of the MNWR main
service road, adjacent to a heavy equipment storage area and two shipping
containers:
Item Group No. Item Description 243 One (1) .223 caliber shell casing
41. As mentioned above, during the search of MNWR facilities and property,
fourteen privately-owned vehicles were determined to be present on MNWR
property. On February 19, 2016, a search warrant was signed and agents began to
search those vehicles.
42. The following firearms and ammunition were seized from a Dodge Ram truck
with Texas license plate BMK2664, VIN 1D7HA8D432S243452:
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 24 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 25 Complaint In Rem FOR FORFEITURE
Item Group No. Item Description 244 One (1) Intra-tech, model TEC-DC9, 9mm Luger pistol, serial
number D064235, with strap
245 One (1) metal ammunition box, army green in color, containing an excess of two hundred (200) rounds of 9mm ammunition
246 One (1) magazine containing 9mm live ammunition
43. The following ammunition was seized from a Chevrolet Silverado truck with
Arizona license plate CE82218, VIN 1GCHK23D77F165753:
Item Group No. Item Description 247 Seven (7) .223 caliber ammunition rounds, all unspent
248 One (1) army green metal canister with “Federal Ammunition”
label, containing 420 rounds of 5.56 x 45mm unspent ammunition
44. The following ammunition was seized from a Chrysler Town and Country
minivan with Utah license plate X186TL, VIN 2A4GP64L36R708639:
Item Group No. Item Description 249 One (1) .223 caliber ammunition, unspent
250 One (1) box of Remington pistol and revolver cartridges,
containing fifty (50) 9mm rounds
45. The following ammunition was seized from a Chevrolet Silverado Z71 4x4
pick-up truck with Montana license plate 307605A, VIN 1GC4K0C87BF126174:
Item Group No. Item Description 251 One (1) .45 caliber live ammunition
252 Fifty-Eight (58) spent .223 casings and one (1) spent 7.62, M80
casing
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 25 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 26 Complaint In Rem FOR FORFEITURE
253 One (1) evidence sealed box said to contain one (1) green ammunition can with bag of rifle rounds marked “LC 13” on the headstamps
254 Seven (7) .223 rifle casings and two (2) MKE 14 casings
46. Just prior to the execution of search warrants at MNWR, on February 10,
2016, Jason Blomgren, an indicted co-conspirator who posted videos of himself at
MNWR with other occupiers and performing guard duty, was arrested in Mesquite,
Nevada. During a post-arrest interview, Blomgren stated that after Finicum was
killed, Blomgren was concerned the federal government would try to murder him.
To protect himself, he began to carry a Smith & Wesson .40 caliber pistol at all
times. Blomgren received the gun from a fellow occupier Nathan Pieters when they
were at MNWR. Blomgren met Pieters at MNWR. At the time of his arrest,
Blomgren was armed with a Smith & Wesson .40 caliber handgun. This was the
same gun Blomgren had received from Pieters. The following firearm and
ammunition were seized from Blomgren at the time of his arrest:
Item Group No. Item Description 255 One (1) Smith & Wesson .40 caliber pistol, model SD40VE,
serial number HER5993
256 Three (3) magazines each containing fourteen (14) rounds
47. Indicted co-conspirator Eric Flores was arrested on February 10, 2016, and
gave a post-arrest interview on February 11, 2016. Flores stated he brought almost
all of his guns to MNWR, including one CZ Rami .40 caliber pistol. Flores handed
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 26 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 27 Complaint In Rem FOR FORFEITURE
out his weapons to other occupiers at MNWR. Flores gave fellow occupier Darryl
Thorn two weapons, a Ruger 5.56mm (AR-15) and his CZ Rami pistol. Flores
believed at the time of his arrest that Thorn was still in possession of his Ruger 5.56
and CZ Rami. Thorn wanted to keep them in the event somebody needed a weapon
to loan, or possibly buy.
48. On February 11, 2016, indicted co-conspirator Darryl Thorn was arrested in
the lobby of the Super 8 Motel located in Redmond, Oregon. Thorn had been
previously photographed at MNWR during the course of the armed occupation,
often armed with a rifle. Thorn had been shown performing guard tower duty in a
video produced by VICE News while the armed occupation was still ongoing. Upon
Thorn’s arrest, agents conducted a search of the hotel room he had been staying in
with his girlfriend. Thorn’s girlfriend rented the hotel room in her name. The
following firearm matching the description Flores gave of the pistol he gave Thorn
was seized from the hotel room:
Item Group No. Item Description 257 One (1) CZ-USA pistol, .40 caliber, model 2075, serial
number A751986
49. As mentioned above, on February 10, 2016, indicted co-conspirator Eric
Flores was arrested at his residence in Tulalip, Washington. Flores had been
previously photographed at MNWR carrying a rifle. Flores was also photographed
in the guard tower while the armed occupation was ongoing. Upon arrest, Flores
gave consent to seize several firearms in his possession. These firearms were
discovered in Flores’ bedroom. During a post-arrest interview, Flores admitted
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 27 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 28 Complaint In Rem FOR FORFEITURE
travelling to MNWR multiple times and eventually bringing all his firearms with
him to MNWR except for an SKS rifle. Flores loaned out some of his firearms to
individuals occupying MNWR who did not have any. Flores was shown a
photograph taken on MNWR grounds during the armed occupation. Flores was
armed with an AR-15 pistol and Darryl Thorn was holding an AR-15 with drum
magazine. Flores identified himself and further advised the AR-15 pistol and drum
magazine shown in the photograph are the same ones agents retrieved from his
bedroom in his home with his consent following his arrest. Flores stated he, and
others, brought weapons to MNWR to protect themselves. The following firearms
and ammunition were seized from Flores’ home at the time of his arrest:
Item Group No. Item Description
258 One (1) Tennessee Arms Company AR-15 pistol, serial number 1426504512, with stabilizing brace, strap, backup sights, AR-15 upper receiver and barrel and loaded AR-15 drum magazine
259 One (1) Mossberg, model 930, 12-gauge shotgun, serial number AF128047
260 One (1) Norinco, SKS rifle, 7.62x39 caliber, serial number 25001594K, with bipod and one(1) loaded 7.62 caliber magazine
261 Six (6) shotgun shells and one (1) shotgun part
262 One (1) metal box with seven (7) boxes of 5.56 ammunition, each box containing three (3) 10-round clips
50. On February 18, 2016, agents received a firearm from Tulalip Tribal Police
Department. This firearm was seized by Tulalip Tribal Police Department from
Flores’ cousin by consent earlier that same day. This firearm was also taken to the
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 28 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 29 Complaint In Rem FOR FORFEITURE
armed occupation at MNWR by Flores. During a post-arrest interview, Flores stated
he left three AR-15 rifles, a Saiga AK, and two pistols at the MNWR when he left
the refuge. Indicted co-conspirator Darryl Thorn brought one of the AR-15 rifles to
Flores after Thorn returned to Washington State. Flores gave that rifle to his
cousin Robert Joseph as a self-defense weapon. Flores frequently loans his firearms
to others. The following firearm was seized by the Tulalip Tribal Police Department
from Flores’ cousin:
Item Group No. Item Description
263 AR-15 rifle with Tennessee Arms Company LLC lower receiver (multi-caliber) and Palmetto State Armory upper receiver (5.56), serial 1527410940
51. On February 11, 2016, Wesley Kjar, an indicted co-conspirator, was arrested
in Salt Lake City, Utah. Kjar was photographed at MNWR on January 6, 2016,
holding a rifle. In an article published on April 13, 2016 by VICE News, a reporter
writes he traveled from MNWR with Kjar and others, going to Utah and later
returning to MNWR to retrieve Kjar’s belongings before leaving again. The reporter
states Kjar collected his AR-15 from MNWR before leaving the second time. In the
same article, Kjar was photographed carrying a pistol in a holster on his hip,
standing in front of a building on MNWR grounds. Kjar also posted comments to his
Facebook page, including the statement that people needed to “come to Oregon and
stand for the Ranchers and citizens of Harney county.” On the day of his arrest, FBI
Special Agents conducted a vehicle search of a white Jeep Wrangler and grey race
trailer being towed by an army truck that was owned by Kjar. The following
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 29 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 30 Complaint In Rem FOR FORFEITURE
firearms and ammunition were seized from the Jeep and grey trailer:
Item Group No. Item Description 264 One (1) I.O. Inc rifle, model Sporter 15, .223 caliber, serial
number ARI00418, with light, accessory sights and magpul grip
265 One (1) Ruger rifle, model 10/22 Takedown, .22 caliber, serial number 826-83980, with two (2) empty magazines contained in stock of rifle
266 One (1) Colt rifle, model SP1, .223 caliber, serial number SP29206, with attached strap
267 One (1) DPMS rifle, model AR-15, .223 caliber, serial number FFH044398, with attached Vortex “spitfire” scope
268 One (1) HS Products (Importer: Springfield) pistol, model XDM 3.8, .45 caliber, serial number MG657131
269 One (1) HS Products (Importer: Springfield) pistol, model XDS 3.3, .45 caliber, serial number S3190016
270 One (1) box containing fifteen (15) rifle magazines containing live ammunition (.223/5.56)
271 One (1) Wal-Mart bag containing one (1) box of Remington “22 Thunderbolt” ammunition, 500 rounds
272 Three (3) pistol magazines containing live ammunition (45 auto) and one (1) empty pistol magazine
273 One (1) box containing 425 loose .223 rounds live ammunition
274 One(1) green ammunition can containing 200 rounds of Blazer .45 ammunition
275 One (1) empty rifle magazine (.22 caliber)
276 One (1) box containing one (1) clear plastic bag containing 56 spent bullet casings (.223/5.56), and seven (7) magazine covers
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 30 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 31 Complaint In Rem FOR FORFEITURE
52. On February 11, 2016, Corey Lequieu, an indicted co-conspirator, was
arrested in Fallon, Nevada. Lequieu was photographed carrying a firearm and
driving a government ATV while on MNWR during the armed occupation. Lequieu
was also seen on video taken on January 4, 2016, during a press conference given by
Ammon Bundy. Lequieu can be seen in the background, carrying a rifle. Following
Lequieu’s arrest, FBI Special Agents traveled to Lequieu’s residence which he
shared with Debra Pope. Pope had also traveled to MNWR during the armed
occupation. Pope was asked about materials which she and Lequieu had taken from
MNWR following their participation in the armed occupation. Pope consented to
agents seizing ammunition Lequieu had taken from MNWR when they traveled
there. Pope then retrieved ammunition from the home she shared with Lequieu.
Pope advised agents the ammunition had been stored in either her room or the gun
safe in her house. Pope stated she had locked the ammunition in the gun safe and
hidden the key from Lequieu. The following ammunition was seized:
Item Group No. Item Description 277 Seventy-nine (79) rounds of 9mm ammunition 278 526 rounds of 5.56 mm ammunition as follows: ten (1) thirty-
round magazines containing 30 rounds each; one (1) twenty-round magazine containing seventeen (17) rounds each; one (1) green in color bandoleer containing 140 rounds; one (1) box containing 30 rounds; and one (1) ziplock baggie containing 39 rounds
279 Six (6) 30-round magazines, one (1) forty-round magazine, and one (1) ten-round magazine
280 1,500 rounds of .223 Remington ammunition
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 31 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 32 Complaint In Rem FOR FORFEITURE
53. During their conversation with Pope, agents learned that Lequieu had
weapons located at the residence of Mary Cross, also in Fallon, Nevada. Agents
accompanied Pope to Cross’s residence. Pope identified an AR-15-type rifle as the
one carried by Lequieu at MNWR. This firearm was located in the trunk of a vehicle
on the property along with another firearm. Agents seized the following items from
the trunk:
Item Group No. Item Description 281 One (1) Browning, model Hi-Power 9mm, serial number
245NM32652
282 One (1) Palmetto State Armory, model PA-15, multi-caliber, serial number LW068295
54. On February 11, 2016, indicted co-conspirator Geoffrey Stanek was arrested
in Forest Grove, Oregon. Stanek was photographed at MNWR during the armed
occupation. In one of the photographs, taken by Rob Kerr for Getty Images, Stanek
is standing in a garage at MNWR with what, based on my training and experience,
appears to be a smaller model Glock handgun. Following his arrest, Stanek
consented to FBI Special Agents searching a 2000 blue Dodge Durango. Stanek
owned this vehicle and had been driving it just prior to his arrest. During the
search, the following firearm was seized:
Item Group No. Item Description
283 One (1) Glock GMBH, 26 Gen 4, .9mm handgun, serial number XVA150, with loaded 9-round magazine
///
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 32 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 33 Complaint In Rem FOR FORFEITURE
55. Scott Willingham was photographed at MNWR and captured on video helping
remove government cameras from electricity poles. Willingham was later indicted
on one federal charge of theft for stealing government cameras. Prior to the
indictment, on March 16, 2016, Willingham was arrested by the Grant County
Sheriff’s Office on charges of disorderly conduct. During the course of the arrest,
officers learned that Willingham was in possession of a rifle. Willingham agreed to
turn the rifle over to the Sheriff’s Office. Willingham then took officers to a
residence and showed them the rifle and bullets. Willingham was interviewed after
his arrest and told investigators that prior to leaving MNWR, he took a rifle from
Ryan Payne’s truck. Willingham stated the rifle belonged to Payne and Payne had it
when he was in Afghanistan. Willingham described the weapon as an FN .308 rifle.
The following firearm and ammunition was seized from Willingham by the Grant
County Sheriff’s Office:
Item Group No. Item Description 284 One (1) Springfield SAR-4800 Sporter rifle, serial number
SA16479, with Vortex scope, bipod, strap and five (5) empty magazines
285 Two hundred twenty-three (223) rifle rounds, consisting of one hundred seventy-nine (179) .308 Winchester rounds and forty-four (44) 7.62mm rounds
Conclusion
56. It is evident from the statements and actions of the armed occupiers that the
open carry, display, and talk of weapons and need to use force if confronted by
federal agents, was done for the purpose of threatening and intimidating federal
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 33 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 34 Complaint In Rem FOR FORFEITURE
officials from discharging their duties. These actions were ongoing and continuous
from the beginning of the armed occupation on January 2, 2016 until the last
individual left MNWR on February 11, 2016.
57. Given the seizure locations of all the firearms and ammunition discussed in
this declaration, the repeated observed use of firearms by occupiers described above,
the public solicitation by occupiers for additional supporters to come to MNWR and
bring firearms with them, the fact that none of the seized firearms and ammunition
are believed to belong to MNWR employees, and the post-arrest statements of
several occupiers, it is my belief that all of the firearms and ammunition described
in this declaration had been brought to or near MNWR grounds by the indicted and
unindicted occupiers prior to seizure for the purpose of impeding, intimidating, and
threatening federal officers from discharging their duties.
58. Based on my experience as a Special Agent with the Federal Bureau of
Investigation and the circumstances described in this declaration, I have reason to
believe that the defendants, in rem, described in this declaration are subject to
seizure and forfeiture. There is probable cause to believe that each of the 50
firearms and the assorted ammunition I have described were involved in or used in
a conspiracy to impede officers of the United States in knowing and willful violation
of 18 U.S.C. § 372, and are therefore forfeitable to the United States pursuant to 18
U.S.C. § 924(d).
///
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 34 of 35
Declaration of Katherine D. Armstrong EXHIBIT A PAGE 35 Complaint In Rem FOR FORFEITURE
I declare under penalty of perjury that the foregoing is true and correct
pursuant to 28 U.S.C. § 1746.
Executed on this 10th day of June 2016.
s/ Katherine D. Armstrong KATHERINE D. ARMSTRONG Special Agent Federal Bureau of Investigation
Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 Page 35 of 35