Civil Unrest Continues to Build Around Eastern Oregon Rancher Case

[Sdiver]

Looks as if the BLM is picking a fight again. This time in Eastern Oregon.

Civil Unrest Continues to Build Around Eastern Oregon Rancher Case

Burns, Or.- The Controversy surrounding a small town Oregon ranching family continues to build as the Federal Government has doubled down on it’s intention to re-sentence a father and son for crimes they have already served their sentence. In late 2012 Dwight Hammond and his Son were found guilty by a jury and sentenced for a pair of arson cases. Dwight Hammond stemming from a 2001 case was sentenced and served 3 months, while son Steven was sentenced and served a year and a day term in connection to a 2006 fire. The United States Government has now decided, three years after the original sentencing, to vacate the sentence and impose a mandatory 5 year prison term on both Hammond’s under a terrorism charge they were never convicted of.

In 2001 Dwight Hammond lit a range land fire on his private property (standard and common practice with many open range ranchers) to eradicate invasive species from his property and restore grazing pasture for his livestock. That fire ultimately spread onto state public lands managed by the Bureau of Land Management. The Hammond family as well has grazing rights on this land pre-dating the formation of the BLM. A sitting jury in Pendelton, OR. found Dwight Hammond guilty of arson for this 2001 fire despite the fact in Court testimony the BLM testified “There’s no dispute that the Hammonds called in to the BLM dispatch and checked to see if a fire could be set that day.” Further, for an arson charge there must be damage in excess of $100, yet in continued testimony BLM officials stated “…that the portion of the public land that burned as a result of that fire was improved, not damaged, by the fire, and there were no suppression costs.”

In 2006 Steven Hammond set a series of backfires on Hammond family private land in response to several lightning fires that were threatening the winter feed supply of the family livestock. The intent of these backfires was to create a fire break between the Hammonds land and the lightning fires on public lands that were not being suppressed by BLM fire fighting assets on scene. Those fires spread to public lands that were already likely to be burned by the lightning fires. The Pendelton Jury as well found Steven Hammond guilty of arson in relation to this incident.

However in the sentencing of both cases Judge Mike Hogan declined to sentence either of the Hammonds under Federal Mandated sentencing requiring a five year term as terrorists. Judge Hogan further qualified he found the consideration of sentencing the Hammonds to five years in prison as “shocking to his conscience” and clear violation of the 8th Amendment and deemed such a sentence would be “cruel and unusual punishment.” The Hammonds were never found guilty of a terrorism charge. Furthermore in Court transcripts of the sentencing the Government prosecutor acknowledged the jurisdiction of the Judge and the Court in making that determination and at the conclusion of the sentencing acknowledged the Government waiving the right to appeal for re-sentencing.

The Federal Government claiming authority under 18 U.S. Code 3742 (B), three years after sentencing and after the Hammonds had already completed their terms of sentencing, decided to move ahead in appealing the sentencing and in October of 2015 Chief U.S. District Judge Ann Aiken re-sentenced both Dwight and Steven Hammond to five year prison terms as terrorists. 18 U.S. Code 3742 (B)-, “Appeal by the Government.The Government may file a notice of appeal in the district court for review of an otherwise final sentence if the sentence was imposed in violation of law; was imposed as a result of an incorrect application of the sentencing guidelines; is less than the sentence specified in the applicable guideline range to the extent that the sentence includes a lesser fine or term of imprisonment, probation, or supervised release than the minimum established in the guideline range, or includes a less limiting condition of probation or supervised release under section 3563(b)(6) or (b)(11) than the minimum established in the guideline range; or was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable. The Government may not further prosecute such appeal without the personal approval of the Attorney General, the Solicitor General, or a deputy solicitor general designated by the Solicitor General.” The official statement of the Government was as follows:

Department of Justice
U.S. Attorney’s Office
District of Oregon

EUGENE, Ore. – Dwight Lincoln Hammond, Jr., 73, and his son, Steven Dwight Hammond, 46, both residents of Diamond, Oregon in Harney County, were sentenced to five years in prison by Chief U.S. District Judge Ann Aiken for arsons they committed on federal lands.

A jury sitting in Pendleton, Oregon found the Hammonds guilty of the arsons after a two-week trial in June 2012. The trial involved allegations that the Hammonds, owners of Hammond Ranches, Inc., ignited a series of fires on lands managed by the U.S. Bureau of Land Management (BLM), on which the Hammonds had grazing rights leased to them for their cattle operation.

The jury convicted both of the Hammonds of using fire to destroy federal property for a 2001 arson known as the Hardie-Hammond Fire, located in the Steens Mountain Cooperative Management and Protection Area. Witnesses at trial, including a relative of the Hammonds, testified the arson occurred shortly after Steven Hammond and his hunting party illegally slaughtered several deer on BLM property. Jurors were told that Steven Hammond handed out “Strike Anywhere” matches with instructions that they be lit and dropped on the ground because they were going to “light up the whole country on fire.” One witness testified that he barely escaped the eight to ten foot high flames caused by the arson. The fire consumed 139 acres of public land and destroyed all evidence of the game violations. After committing the arson, Steven Hammond called the BLM office in Burns, Oregon and claimed the fire was started on Hammond property to burn off invasive species and had inadvertently burned onto public lands. Dwight and Steven Hammond told one of their relatives to keep his mouth shut and that nobody needed to know about the fire.

The jury also convicted Steven Hammond of using fire to destroy federal property regarding a 2006 arson known as the Krumbo Butte Fire located in the Malheur National Wildlife Refuge and Steen Mountain Cooperative Management and Protection Area. An August lightning storm started numerous fires and a burn ban was in effect while BLM firefighters fought those fires. Despite the ban, without permission or notification to BLM, Steven Hammond started several “back fires” in an attempt save the ranch’s winter feed. The fires burned onto public land and were seen by BLM firefighters camped nearby. The firefighters took steps to ensure their safety and reported the arsons.

By law, arson on federal land carries a five-year mandatory minimum sentence. When the Hammonds were originally sentenced, they argued that the five-year mandatory minimum terms were unconstitutional and the trial court agreed and imposed sentences well below what the law required based upon the jury’s verdicts. The Ninth Circuit Court of Appeals, however, upheld the federal law, reasoning that “given the seriousness of arson, a five-year sentence is not grossly disproportionate to the offense.” The court vacated the original, unlawful sentences and ordered that the Hammonds be resentenced “in compliance with the law.” In March 2015, the Supreme Court rejected the Hammonds’ petitions for certiorari. Today, Chief Judge Aiken imposed five year prison terms on each of the Hammonds, with credit for time they already served.

“We all know the devastating effects that are caused by wildfires. Fires intentionally and illegally set on public lands, even those in a remote area, threaten property and residents and endanger firefighters called to battle the blaze” stated Acting U.S. Attorney Billy Williams.

“Congress sought to ensure that anyone who maliciously damages United States’ property by fire will serve at least 5 years in prison. These sentences are intended to be long enough to deter those like the Hammonds who disregard the law and place fire fighters and others in jeopardy.”

Assistant U.S. Attorneys Frank R Papagni, Jr., AnneMarie Sgarlata and Kelly Zusman handled the prosecution of this case.



More here ---> https://shastalantern.net/2015/12/ci...-rancher-case/