United States District Court, D. Nevada
FOLEY, JR., United States Magistrate Judge
matter is before the Court on Defendant Ryan C. Bundy's
Motion for Own Recognizance or Bail Pending Trial (ECF No.
1082). On January 9, 2017, the Court granted Defendant's
motion to reopen the detention hearing to afford him the
opportunity to (1) present evidence to refute the probable
cause finding underlying the superceding indictment and the
rebuttable presumption that Defendant poses a substantial
risk of nonappearance and a danger to the community; and (2)
to present evidence showing that he does not pose a risk of
nonappearance or danger to the community and that conditions
of pretrial release can be fashioned. See Order (ECF
No. 1263) (the provisions of which are incorporated into this
order as if set forth in their entirety).
reopened detention hearing was conducted on January 31, 2017.
Mr. Bundy elected to testify under oath and be subject to
cross-examination. He testified at length on his own behalf
and was cross-examined by counsel for the Government.
Defendant called three other witnesses: (1) retired Las Vegas
Metropolitan Police Department (LVMPD) officer Mark McEwen,
(2) Shem Teerlink, and (3) Defendant's wife, Angela
Bundy. Defendant also submitted numerous letters from family
members, friends, and members of his community attesting to
his good character, and their belief that he is not a danger
to any other person or the community, and that he does not
pose a risk of nonappearance. See Notice of
Filing Exhibits A Through Q Letters in Support of Ryan C.
Bundy (ECF Nos. 1445, 1473, 1533).
Government submitted to following exhibits as rebuttal to
1. Audio of a March 17, 2014 telephone conversation between
Defendant Ryan Bundy and BLM Special Agent Johnson;
2. Video of events on March 28, 2014 when trucks and cattle
trailers operated by BLM contractors entered the area to
commence cattle removal operations and were met by some of
the Defendants or their supporters who were on foot or
3, 4. Video interviews with Defendant Ammon Bundy on April
12, 2014 as he proceeded in a vehicle to the Impoundment Site
where BLM officers and cattle were located;
5. Video of the encounter between Defendant Ammon Bundy and
BLM Special Agent D. Love at the gate to the Impoundment
6. Video of the encounter between Defendant Ammon Bundy and
Las Vegas Metropolitan Police Officer T. Roberts at the gate
to the Impoundment Site;
7. Video of Defendant Ryan Bundy and BLM Special Agent D.
Love discussing the release of the cattle;
8. Video interview of Defendant Ammon Bundy on April 12, 2014
following the release of the cattle;
9. Video of Defendant Ryan Bundy addressing Defendants'
supporters regarding the resolution of the incident on April
10. Video of an interview with Defendant Ammon Bundy on April
12, 2014 after the release of the cattle and conclusion of