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A federal magistrate on Tuesday ordered a Utahn charged with conspiracy in the armed takeover of a wildlife refuge in Oregon to be detained, ruling the defendant is a flight risk and a danger to the community.
Wesley Kjar, a 32-year-old Manti native who lives in Salt Lake City, will be sent to Oregon to face prosecution there.
Magistrate Judge Dustin Pead made his decision at the conclusion of a hearing in U.S. District Court in Salt Lake City, where prosecutor Alicia Cook argued Kjar was an active participant in the occupation at the Malheur National Wildlife Refuge.
Kjar encouraged others to join the standoff and described himself as the right-hand man of occupation leader Ammon Bundy, according to Cook. In addition, Facebook postings by Kjar contributed to an "atmosphere of force and intimidation," she said.
But Kjar's attorney, federal defender Spencer Rice, said there was no call to arms from his client, who arrived in Oregon after the takeover and was there for just a handful of days. In fact, Rice said, Kjar tried to be a "voice of reason" when others were threatening violence.
Kjar is one of nine defendants indicted Feb. 10 by a federal grand jury in Portland, Ore., on one count each of conspiracy to impede officers of the United States. The defendants were arrested in six Western states last week.
The indictment alleges that the nine defendants conspired with each other and with other people to prevent U.S. Fish and Wildlife Service employees "by force, intimidation and threats" from carrying out their duties at their office at the Malheur National Wildlife Refuge in Burns, Ore. The conspiracy allegedly began about Nov. 5 and continued through Feb. 10, the date of the indictment.
The occupation began Jan. 2, with the group demanding the federal government turn public lands over to local control. Bundy was arrested Jan. 26 during a traffic stop, where police shot and killed Arizona rancher Robert "LaVoy" Finicum during a confrontation. The last occupiers left the wildlife refuge on Thursday after a 41-day standoff.
At Tuesday's hearing, Cook said Kjar left his job on an oil rig to join the standoff on Jan. 5 and became Bundy's bodyguard. She cited an article that says Kjar said he would not hesitate to stand between Bundy and a bullet and includes a photo of him wearing a tactical vest and holding a firearm as signs of his involvement in the occupation.
Even after leaving the refuge, Kjar continued his support of the occupation, Cook alleged. On Jan. 10, Kjar went to the Salt Lake City headquarters of The Church of Jesus Christ of Latter-day Saints and presented himself as Bundy's right-hand man in an attempt to meet with church leaders.
Kjar was arrested Feb. 11 on 4500 South just off of Interstate 15 while driving a tractor trailer, while a friend followed behind in Kjar's jeep, according to Cook. She said the trailer contained two pistols, three rifles. some loaded magazines, other ammunition, tactical vests, sleeping bags and boxes of men's clothing — leading her to speculate that Kjar was headed to Oregon to support the occupiers.
Rice countered that the trailer's contents belonged to the friend's father, whom Kjar was helping to move.
The defense attorney also said Kjar had gone to Oregon to support ranchers who were being thrown off their land and met Ammon Bundy and his brother Ryan for the first time. After a few days, Kjar "realized something needed to be done" and left Jan. 9. He arrived at Temple Square the next day with several others, Rice said.
Kjar thought a personal message from LDS leaders could end the standoff, but security guards said he should talk to his stake president about the matter, Rice said. Kjar returned to the refuge Jan. 11 for just a few hours to gather his belongings and left.
"He has now become a voice of reason against how things were handled up there [in Oregon]," Rice said.
The Associated Press has reported at least 25 people have been indicted on federal conspiracy charges in the standoff.
The defendants indicted with Kjar are Blaine Cooper, 36, of Humboldt, Ariz.; Corey Lequieu, 44, of Fallon, Nev.; Neil Wampler, 68, of Los Osos, Calif.; Jason Charles Blomgren, 41, of Murphy, N.C.; Darryl William Thorn, 31, of Marysville, Wash.; Eric Lee Flores, 22, of Tulalip, Wash; Geoffrey Stanek; and Travis Cox. Ages and residences of Stanek and Cox were not available.
Cooper had an appearance Friday in federal court in St. George. He confirmed his identity and reserved his arguments about detention until he is taken to Oregon for an arraignment.
The indictment claims one or more of the nine defendants, along with at least one other conspirator, performed the following "overt acts" in Oregon:
• Warned the Harney County sheriff of "extreme civil unrest" if certain demands were not met
• Occupied the wildlife refuge while using and carrying firearms
• Brandished and carried firearms while on the premises of wildlife refuge and prevented federal officials from carrying out their duties
• Refused to leave the refuge and threatened violence against anybody who attempted to remove them
• Beginning about Nov. 5, recruited and encouraged others in person and through social media and other means of communication to participate in the conspiracy
The indictment does not specify which defendants allegedly committed which acts.
Twitter: @PamelaMansonSLC