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United States v. Bundy

United States District Court, D. Nevada

February 7, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
RYAN BUNDY, Defendant.

          ORDER

          GEORGE FOLEY, JR., United States Magistrate Judge

         This 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).

         BACKGROUND AND DISCUSSION

         The 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).

         The Government submitted to following exhibits as rebuttal to Defendant's evidence:

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 horseback;
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 Site;
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 12, 2014;
10. Video of an interview with Defendant Ammon Bundy on April 12, 2014 after the release of the cattle and conclusion of the ...

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