Judge places Oregon refuge occupier Geoffrey Stanek on home detention, 2 years probation

Updated on June 26, 2017 at 1:22 PM Posted on June 26, 2017 at 1:13 PM
BY MAXINE BERNSTEIN
mbernstein@oregonian.com
The Oregonian/OregonLive

A federal judge on Monday sentenced Oregon refuge occupier Geoffrey Stanek, described as among the least culpable of those indicted in the armed takeover of the Malheur National Wildlife Refuge, to two years of probation, including six months of home detention.
U.S. District Judge Anna J. Brown said she believed the home detention was warranted, partly to ensure he doesn't respond to such a "call to arms'' from Facebook acquaintances on behalf of "We the People'' again.


Geoffrey Stanek (MCSO)

"You're free to think what you choose, but your conduct crossed the line,'' the judge said. "I need to be sure you won't take it upon yourself to answer that type of call again...You need to put this chapter behind you. You need to respect the law, whether you agree with it or not.''

The judge said she considered that Stanek entered a guilty plea early to a federal conspiracy charge last year and that he didn't withdraw his plea after occupation leaders who went to trial were acquitted last fall. The fact that he heeded the FBI's request that he and others leave the refuge the night of Jan. 26, 2016, after the arrests of Ammon Bundy and others leaders, also worked in his favor, the judge said.

"On the other hand, you were part of the problem,'' Brown told Stanek.

Stanek, 27, brought an AR-15 rifle and a body armor vest to the refuge on Jan. 7, 2016, after learning of the takeover on Facebook. There, he performed armed guard duty in the watchtower and at the refuge entrances, and blocked a refuge entrance with an ATV belonging to the U.S. Fish and Wildlife Service.

Stanek thought the takeover of the refuge was a "constitutional protest,'' his lawyer Benjamin Andersen said.

"He didn't really have a concept of what was actually going on,'' Andersen added.

Stanek, who served in the U.S. Army from about age 18 until 21, said he also had medic training and thought he could use his medic skills at the refuge if things got out of hand.

"It's hard to wrap your head around,'' the judge said.

"Somehow you were preparing for a bloodbath.''

Stanek was allowed to leave the refuge the night of Jan. 26, 2016 through an FBI checkpoint, and was arrested two weeks later in Forest Grove.

Stanek's lawyer argued against home detention, and found it unfair that Stanek wasn't allowed to plead guilty to a misdemeanor trespass offense as three other co-defendants later did, including two who were among the last four holdouts at the refuge during a tense standoff with federal agents.

But the judge found Stanek more "culpable'' than Sean and Sandra Anderson, for example, who were among the last four holdouts and got a year probation for a misdemeanor plea to trespass.

Unlike the Anderson couple, who traveled back and forth to the refuge several times and didn't perform guard duty as often as Stanek, "you came, you stayed and stayed and stayed and then you left,'' the judge said.

Federal prosecutors would not allow Stanek to plea to a misdemeanor because of a threatening Facebook message he had with co-defendant Corey Lequieu in the days after he left the refuge, Assistant U.S. Attorney Craig Gabriel told the judge.

Lequieu and Stanek talked about killing federal agents on social media, at a time when the FBI was concerned about refuge occupiers returning to the west encampment where four people remained holed up during the last two weeks of the standoff, Gabriel said.

Gabriel also acknowledged that prosecutors learned from the first trial of Ammon Bundy, his older brother Ryan Bundy and five co-defendants, who were acquitted of federal conspiracy and weapons charges last fall. They also paid attention to the concerns of Juror 4 from the first trial, who spoke to The Oregonian/OregonLive shortly after the jury verdict.

"The government took a lot of lessons from the first trial, your honor, to be candid,'' Gabriel said, noting that jurors concluded that "whatever was happening at the west encampment was not part of a conspiracy.''

That's partly why Sandra and Sean Anderson were given a chance to plead guilty to the misdemeanor charge of trespass.

Eleven people pleaded guilty to the felony of conspiring to impede employees from the U.S. Fish and Wildlife Service and U.S. Bureau of Land Management from doing their work through intimidation, threat or force.

Sentences for those who enter guilty pleas to the felony are expected to range from home detention and probation to three years and five months in prison, Gabriel said.

Stanek and four others, Wesley Kjar, Eric Lee Flores, Travis Cox and Jason Blomgren, are considered "low-level defendants'' facing similar probationary sentences, Gabriel said.

The highest sentence for those who entered guilty pleas - three years and five months - will be recommended for occupier leader Ryan Payne, Gabriel said Monday. Others who have pleaded guilty to the felony charge who have been sentenced are Lequieu, who got two years and six months in prison, and Brian Cavalier, who received time served with about nine months in custody.

No federal employees spoke at the sentencing Monday. What's important to them are the conditions set for Stanek and others that they not be allowed to occupy, reside on or camp in any federal land, or enter land managed by the U.S. Bureau of Land Management, the U.S. Fish and Wildlife Service, the National Park Service or the U.S. Forest Service without a probation officer's approval, the prosecutor said.

"It was very costly to the government financially and to employees emotionally,'' Gabriel said. "The victims continue to suffer because of the occupation in this case.''

Brown, who is retiring next month, said the case was the most difficult in her tenure on the bench.

"Presiding in this case has been the most challenging legal experience of my career,'' she said, noting the wide range of legal perspectives and motivations in the case, and the second-guessing.

Stanek chose not to speak. As he stood beside his lawyer, the judge asked him what his plan is going forward.

"Plan on working hard to be a father to my daughter,'' said Stanek, dressed in black pants and a short-sleeved plaid button-down shirt.

"You're going to have to get a job, plan for a career and a life,'' Brown replied, and urged him to seek out veterans' services to help find employment.

Stanek has no prior criminal history. He previously worked as a security guard and was in the process of becoming a firefighter when he went to the refuge last year. He's had trouble finding a job since his conviction, his lawyer said.

The judge told Stanek if he does well on home detention after three months, his probation officer can request the court reduce or eliminate the home detention period.

"I think you've earned the chance to play it out this way,'' she said. "Honestly, I don't want to see you again, Mr. Stanek.''

"No offense, I don't want to see you again either,'' Stanek replied.

"It's a deal,'' the judge said. "Make it work.''

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