On Wednesday, federal judge Gloria Navarro declared a mistrial in the case against Nevada rancher Cliven Bundy, two of his sons, and militia member Ryan Payne, asserting that U.S. prosecutors willfully withheld crucial and “potentially exculpatory” evidence from the defense.
Bundy, his sons Ammon and Ryan Bundy, and militia member Payne were accused of leading an armed standoff with agents from the Bureau of Land Management (BLM) in 2014.
As The Arizona Republic reported:
Navarro cited five key pieces of information that prosecutors did not disclose: records about surveillance and snipers at the Bundy Ranch; unredacted FBI logs about activity at the ranch in the days around the standoff; threat assessments about the Bundys dating to 2012; and internal affairs reports about the BLM.
Navarro did not dismiss charges against the four men, but it is still up in the air as to whether the men will be retried because she did not issue a judgment as to whether the mistrial was with or without prejudice. Another hearing is set for January; the tentative date for a new trial, if there is one, is February 26.
Navarro had warned there might be a potential mistrial after prosecutors produced several documents that buttressed the defense claims that the federal government had used video surveillance and sniper teams during the standoff, and that the FBI had been involved in the controversy. Those documents demolished prior claims by prosecutors that no video surveillance or sniper teams were used, and that the FBI was not involved; prosecutors had alleged that the defendants concocted claims about snipers, videos, and the FBI to incite their militia before the standoff occurred.
On Monday, acting Nevada U.S. Attorney Steven Myhre accused the defense of a “thinly veiled attempt” to nullify any verdict with their claim that federal law enforcement officers instigated the standoff.
A report by a Bureau of Land Management special agent, who was later removed from his position in the investigation conducted by Myhre into the Bureau’s 2014 standoff, claimed the BLM displayed “incredible bias” and widespread misconduct in the matter.
The BLM had threatened Bundy for decades, warning him to remove his cattle from federal lands; in 2014, the BLM obtained a court order to seize his cattle when Bundy refused to renew permits that would have allowed his cattle to graze on public lands near his ranch.
That triggered hundreds of supporters to join the Bundys; several militia groups included. Federal agents backed off, claiming they were outgunned.
In 2016, 19 people were charged with conspiracy, assault, extortion and weapons violations for taking part in the Bundy cause. In April, a jury considering charges against six defendants only convicted Gregory Burleson of Arizona and Todd Engel of Idaho on weapons and obstruction charges, all conspiracy charges were dismissed. In August, a jury decided that Richard Lovelien, Steven Stewart, Eric Parker and O. Scott Drexler were innocent of conspiracy and extortion.