Day 41: Refuge takeover ends as last, reluctant holdout surrenders

The 41-day armed occupation of the Malheur National Wildlife Refuge ended Thursday as three of the four last holdouts south of Burns surrendered somewhat easily — but it took over an hour on a live-streamed phone call and talked with an FBI negotiator for the last man to be coaxed and convinced to come out.

Hours of live stream audio late Wednesday that led to Thursday’s conclusion presented a mix of tense, sometimes obscene criticism of the FBI and government actions, as well as prayers, songs and efforts by a Nevada lawmaker to keep the foursome calm. She headed to Portland on the way to Burns — and so did Cliven Bundy, the rancher whose sons were leaders of the Malheur occupation.

But David Fry, the fourth who was to come out of the tent and turn himself in, refused to do so, claiming his grievances have not been dealt with.

Late Wednesday, while Nevada Assemblywoman Michele Fiore spent time at PDX on the phone to the refuge holdouts, Cliven Bundy was detained after getting off his plane – and taken to jail on federal charges in both his own 2014 Nevada standoff with federal agents and on a conspiracy charge in the refuge occupation.

The four holdouts eventually agreed to surrender — unarmed but carrying flags — Thursday morning to the FBI at a checkpoint near their encampment, once Assemblywoman Michele Fiore and the Rev. Franklin Graham arrive on the scene.

A new live stream from a friend of the occupiers, Gavin Seim, began Thursday morning, at https://www.youtube.com/watch?v=616S8t9tek4 (warning: there may be graphic language in the audio and is on the accompanying chat stream.) Fiore said she’d climbed into a car with FBI agents heading to the scene, after they meet Graham.

The lawmaker and reverend kept in contact with the foursome as they approached but said they’d likely lose contact as they got into an armored vehicle to go to a checkpoint and meet the departing occupiers.

“I’m looking forward to giving you guys a big hug,” Graham said before leading them in a brief prayer.

The four who had refused to leave are: 27-year-old David Fry, of Blanchester, Ohio; 46-year-old Jeff Banta, of Elko, Nevada; and married couple Sean Anderson, 48, and Sandy Anderson, 47, of Riggins, Idaho.

Holding flags (and the Andersons each other hands) did turn themselves in, but Fry was refusing to come out of a tent, saying his grievances had not been addressed. Livestream host and “liberty speaker” Gavin Seim and “constitutional educator” KrisAnne Hall pleaded for him to join the others and turn himself in.

As close to 20,000 on YouTube listened in, one of many specifics he gave was the need to be able to “opt out” of paying taxes that go toward abortion.

“I’m going to stay here,” Fry said. “If they attack me, I’m going to defend myself.”

“I don’t care what people think of me,” Fry said as 11 a.m. approached, in a talk that ranged from talk of suicide with a pistol to leaking nuclear plants to “UFOs are real.”

Finally, about 11 a.m. — after a cookie and “one more cigarette” — and a call for those outside to shout “Hallelujah” — Fry apparently walked out around 11 a.m.

“Keep your hands up,” an agent is heard saying, then, “Put your hands behind your back.”

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Here’s the full FBI statement issued early Wednesday evening:

“At approximately 4:30 pm (Pacific) on Wednesday, February 10, 2016, one of the occupiers rode an ATV outside the barricades established by the militia at the Malheur National Wildlife Refuge. FBI Agents attempted to approach the driver, and he returned to the encampment at the refuge at a high rate of speed.

“At this time, the FBI has moved to contain the remaining occupiers by placing agents at barricades both immediately ahead of and behind the area where the occupiers are camping. Negotiations between the occupiers and the FBI continue. No shots have been fired.

“It has never been the FBI’s desire to engage these armed occupiers in any way other than through dialogue, and to that end, the FBI has negotiated with patience and restraint in an effort to resolve the situation peacefully. However, we reached a point where it became necessary to take action in a way that best ensured the safety of those on the refuge, the law enforcement officers who are on scene, and the people of Harney County who live and work in this area,” said Greg Bretzing, Special Agent in Charge of the FBI in Oregon.

“Wednesday marks day 40 of the occupation of the refuge. Further updates will be released as appropriate.”

The live YouTube link was streamed and recorded at: https://www.youtube.com/watch?v=cOlrSain0lk&feature=youtu.be. (Be aware of graphic language at times in the live stream.)

A man who identified himself Sean Anderson, one of the occupiers, said an FBI negotiator, “Mark,” had said they don’t want to hurt anyone.

“Then leave,” Anderson said. “Because the only way we’re leaving here is dead or without charges.”

The occupier said five armed vehicles known as MRAPS had surrounded their encampment. He said they would “not fire until fired upon.”

Nevada Assemblywoman Michele Fiere arrived at the Portland Airport and talked with them by phone as she and Ammon Bundy’s lawyer headed east toward Burns. She said she was heading to the refuge to try to help negotiate a peaceful end. They also said they were taking a call from the Rev. Franklin Graham, who had talked earlier to the occupiers in an attempt resolve the standoff.

“We haven’t done anything wrong,” Anderson said. “They killed LaVoy (Finicum) and they’re about to kill us.”

Sandy Anderson, his wife, said the FBI agents were getting closer.

“Please don’t let us die in vain tonight,” she said. “Please stand up.” And she said lobbing tear gas would be the same as firing, and they would fire back.

Anderson also used a line familiar to those who remember the police encounter with protesters at the Chicago Democratic Convention of 1968: “The whole world is watching!”

Fiere offered to come out with the foursome to end the occupation.

“We will all walk out together,” she said.

Graham reportedly made a similar offer to come to the refuge, though the occupiers said they were told no one would be allowed in.

Also heading to Burns was Cliven Bundy, the father of Ammon and Ryan Bundy, he announced on the Bundy Ranch Facebook page.

The FBI confirmed late Wednesday that Cliven Bundy was taken into federal custody but did not detail the charges.

But The Oregonian reported he was arrested on federal charges in his 2014 Nevada standoff with federal agents, as well as the same “conspiracy to interfere with federal officers” charges his two sons and more than a dozen others face. He was being held without bail on a U.S. Marshal’s hold after being booked into the Multnomah County Jail.

Refuge occupier Sean Anderson said shortly after 9 p.m. that he’d spoken with an FBI agent named “Bill” and that they had arranged to go to the checkpoint to turn themselves in in the morning.

“We have to walk to them with our hands raised and no weapons — we told them we’re going to be carrying American flags,” he said. Worried about their treatment of his wife Sandy, he said the agent “assured they will treat us with respect.”

A short time later, Anderson said he’d talked again with “Bill,” about Fiere arriving Wednesday night. He said they wanted to wait to surrender until the Rev. Graham also was on scene Thursday morning, with a tentative time of 8 a.m. for the surrender.

“We’ll meet both of them at the checkpoint,” he said, leaving their guns behind in their own cars. “They said they wouldn’t escalate anything (overnight). I just hope that they keep their word. We’ll keep our word, and we’ll clean this up in the morning.”

“It goes against everything we believe in, but we’re going to do it,.” Anderson said before the live audio stream ended shortly before 10 p.m.

NewsChannel 21’s Wanda Moore and Trent Penter are in Harney County to report for our Thursday newscasts and Kandra Kent will be heading there Thursday morning. We’ll have the latest here and on all NewsChannel 21 newscasts.

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Earlier story:

As four occupiers remain on the Malheur National Wildlife Refuge on Day 40, the controversy away from the refuge continues as well.

While most Harney County residents criticized the methods of Ammon Bundy and his group, many supported the message.

It’s been splitting opinions, and not just in Harney County.

“Grant County has been torn apart a little bit over the occupation,” said County Judge Scott Myers.

The County Court put together a resolution condemning the occupation.

“They will not be welcomed in Grant County,” Myers said.

The fear of the bordering county is to become the next hot spot for militia members.

“We would like it [the opposition to the occupation] to be very clear to those considering relocation,” Myers said.

Myers said around 50 residents were on hand Wednesday as commissioners reviewed the draft resolution. Most people were in support of the resolution, according to Myers, but said the wording was too soft.

That comes after word that Grant County Sheriff Glenn Palmer is under investigation by the Oregon State Sheriff’s Association for his conduct in relation to the occupation.

Palmer met with militia members twice and had scheduled another meeting with the group leaders. On their way to the meeting, Ammon Bundy and other militia members were arrested and LaVoy Finicum was shot.

“There’s heightened concern because of that issue,” Myers said.

Meanwhile, the ACLU of Oregon has defended the First Amendment rights of Pete Santilli, one of the 16 people indicted in connection with the occupation. Santilli has a conservative online radio show.

ACLU is defending Santilli’s First Amendment rights in a statement saying: “Law enforcement can and should differentiate between controversial statements and real threats.”

According to the court affidavit, Santilli has identified himself as a member of the Oathkeepers and the III% group. On his show, he made several calls to action, asking people to come join the occupation.