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Judge orders continuing custody for Boundary
County man charged in Bundy standoff; will be
transported to Nevada for arraignment |
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March 10, 2016 |
Todd C. Engel, a man who is reportedly from
Boundary County, Idaho, will remain in federal
custody and will be transported to Nevada to
face charges for multiple felonies in connection
with his participation in the 2014 Cliven Bundy
armed standoff with law enforcement over grazing
rights and access / control of federal lands.
The decision for Mr. Engel to remain in
detention was issued today by U.S. Magistrate
Judge Candy W. Dale, a judge for the United
States Courts District of Idaho, after hearing
arguments from Mr. Engel's attorney and from a
federal prosecutor in a hearing to determine
whether Mr. Engel could be released from custody
or if he should remain jailed pending his
upcoming arraignment to answer charges filed by
a Nevada grand jury. Today's hearing was held at
the U.S. District Court Courthouse in Coeur
d'Alene.
A Superseding Criminal Indictment filed in U.S.
District Court in Nevada, dated March 2, charged
Mr. Engel with the following felonies:
• Conspiracy to Commit an Offense Against the
United States
• Conspiracy to Impede or Injure a Federal
Officer
• Use and Carry of a Firearm in Relation to a
Crime of Violence
• Assault on a Federal Officer
• Threatening a Federal Law Enforcement Officer
• Obstruction of the Due Administration of
Justice
• Interference with Interstate Commerce by
Extortion
• Interstate Travel in Aid of Extortion
He is charged with one count of each of the
above violations, with the exception of the
charge of Use and Carry of a Firearm in Relation
to a Crime, for which he is listed four times in
the indictment.
 He
was arrested on these charges on March 3 in
Idaho, the day after the Grand Jury indictment
was made public. Three other Idaho men, all from
southern Idaho, were also arrested the same day,
as well as eight others from four other states.
The Nevada standoff drew national attention back
in 2014, when Mr. Bundy, a rancher from
Bunkerville, Nevada, resisted federal rules to
obtain required permits and pay fees for
allegedly grazing his cattle on federally-owned
public lands in southeastern Nevada. The
incident quickly became a flashpoint for, among
others, those who contend that federally-owned
land actually belongs or should belong to the
states and who oppose the exercise of federal
authority on those lands. The standoff escalated
into an armed confrontation between law
enforcement and Mr. Bundy, along with supporters
who were drawn to his cause.
Mr. Engel traveled to Nevada during the
standoff; the charges he is now facing stem from
what the grand jury said was his role in that
confrontation.
Court proceedings today
Mr. Engel entered the courtroom in Coeur d'Alene
just before today's hearing began. Approximately
50 people were seated in the spectator section
of the courtroom, including some from Boundary
County. He appeared to immediately recognize,
smile at, and wave to some of those in
attendance.
The prosecutor in the hearing, Assistant U.S.
Attorney Traci Whelan, emphasized that the
proceedings were not to determine whether Mr.
Engel was guilty or innocent of the charges;
instead the hearing was only to determine
whether he should be released pending trial, or
should remain in custody. She indicated that he
is presumed innocent at this time, and his guilt
or innocence will be determined at a full trial
at a later date in Nevada.
Ms. Whelan went on to present material that she
felt indicated Mr. Engel should remain in
custody. She started with a video she said Mr.
Engel had made and posted online on the morning
of the day he was arrested. In this video, Mr.
Engel is seen seated alone as he states he is
aware that arrests of other participants in the
Bundy standoff were being arrested, and
expressed concern that he may be arrested also.
He stated in this video that he knew people were
getting ready to fight, and that this could be a
"turning point in the resistance," as in the
Oklahoma City bombings.
She also played for the court a recording of a
telephone conversation Mr. Engel had with LaVoy
Finicum, the man who was shot and killed by law
enforcement officers at the recent Malheur
Wildlife Refuge standoff in Oregon. In that
conversation, Mr. Engel is heard telling Mr.
Finicum to consider leaving the Malheur site,
and moving to a different location in a county
where he might have a sheriff more friendly to
those in the standoff. Later in the conversation
Mr. Engel said he could round up some "seriously
armed dudes," who could participate in the
standoff.
The prosecutor also presented other Facebook
posts she felt backed up her request that his
incarceration be continued.
She also read lines from a transcript of a
meeting Mr. Engel had in the Bonner County
Sheriff's Office, where he met with an
undersheriff and a lieutenant. In that
conversation, he reportedly said at one point,
"I'll stay out of your county, but I will wage
war." She later stated Mr. Engel indicated in
this meeting that he would like a phone call if
a warrant were to be issued for his arrest,
which she interpreted as meaning he would then
try to avoid being apprehended.
Mr. Engel's defense attorney, Colin Prince with
Federal Defenders of Eastern Washington and
Idaho, called two witnesses who testified to the
character of Mr. Engel. Both indicated that they
knew him well, and did not consider him a
violent man, and that to their knowledge he had
never hurt anyone. One witness said that Mr.
Engel was "just the opposite of a violent
person." He went on to say that he did not agree
with all of Mr. Engel's political views, but
still considered him to be of good character.
The other witness said he considered Mr. Engel
to be a part of his family, and that at times in
the past he had permitted Mr. Engel to take his
children on outings, camping, and so forth. This
witness went on to say he believed Mr. Engel
would appear for all required court proceedings
if he were released. Mr. Prince went on to point
out that the presence of so many people present
to observe the proceedings in the courtroom
indicated the defendant had ties to the
community.
Attorneys present closing arguments
In her closing arguments, Ms. Whelan listed
reasons she felt the defendant should remain in
jail. She stated he did not seem to have close
ties to the community, that in a prior interview
since his arrest, he was not able to supply
reliable contact information for neighbors or
friends, that the address on his driver license
did not match where he was living, and that all
of this indicated he would possibly be an
increased risk for fleeing if freed.
She further stated that the law enforcement
officers in Nevada at the site of the Bundy
standoff were there to enforce a total of three
valid court orders regarding Mr. Bundy's use of
federal lands. She said that if Mr. Engel wished
to challenge those orders, he could have done so
through legal means, but instead he showed up on
the scene armed and intimidating. She asked that
because of the risk that Mr. Engel might flee if
freed, and because he could potentially pose a
harm to the community, that incarceration be
continued.
Mr. Prince, Mr. Engel's attorney, countered by
saying it is true the defendant owned guns, had
a lot of opinions, and often expressed his
opinions in military language, but that he had
never been a threat to anyone. Mr. Prince stated
the defendant had traveled to Nevada and more
recently to the Malheur Wildlife Refuge to help
facilitate a peaceful end to those standoffs,
not to escalate them.
Mr. Prince further pointed out that when Mr.
Engel had heard people were being arrested in
the Bundy case, and he feared he might also be
arrested, he did not flee. Instead, he simply
went to his office that day. Mr. Prince said if
a person is looking to flee, "what you don't do
is go to the office." He further pointed out
that in the two years since the Bundy standoff,
Mr. Engel had not harmed anyone, had not fled to
avoid prosecution, should not be considered a
flight risk or a danger, and should now be freed
pending trial.
Mr. Prince requested that instead of
incarceration, the judge consider permitting Mr.
Engel to stay at a halfway house, with possible
GPS monitoring, and with having other strong
conditions.
The judge's decision
In presenting her decision, Judge Dale indicated
that she was required to consider and follow
guidelines required by legislation and by
previous case law in determining if Mr. Engel
would be a flight risk or a danger to the
community. She said that although he is presumed
innocent, the Nevada grand jury had already
considered whether there was probable cause in
charging Mr. Engel with unlawful use of a
firearm, and that the alleged crimes were of a
violent nature that included use of a firearm.
She indicated it was relevant to this hearing
that he had aided in defying a lawful court
order in appearing on scene in an apparent show
of support for Mr. Bundy in Nevada with a loaded
AR-15. She stated that a lot of people could
have potentially been harmed in the Bundy
standoff.
She went on to state that his conduct since the
Bundy standoff continued to show active support
of people who defied lawful orders of a court,
and said that whether those orders were right or
wrong, they were still lawful. She felt he could
be a danger, given that he had allegedly
encouraged, or participated, or encouraged
others in defiance of a lawful court order.
She stated her final determination was that it
had been shown by a preponderance of evidence
that Mr. Engel was a flight risk, and
potentially a dangerous person, that he would
continue to be held in custody, and that he
would be transported by the U.S. Marshal's
service to face charges in Nevada.
Is Mr. Engel really a resident of
Boundary County?
Finally, regarding Todd Engel as a current
resident of Boundary County: News reports across
the nation on the day Mr. Engle was arrested
consistently identified him as "Todd Engel of
Boundary County, Idaho." At today's hearing, no
one was ever asked or made a statement as far as
where Mr. Engel has been living. It was brought
up that the address on his driver license did
not match where he was living. It was mentioned
that he had lived in an apartment in Coeur
d'Alene, and that he was building a house.
It was mentioned that he at one point had worked
with a real estate office in Sandpoint. It was
mentioned that he has been a contractor, and
that he was involved with a company called the
North Idaho Training Center, which, according to
its website, provides military-style training,
has "Todd E." listed as an owner and instructor,
and has an address given as "Bonners Ferry,
Idaho." Paperwork on file with the Idaho
Secretary of State, dated just seven weeks ago
on January 19, shows the North Idaho Training
Center is a current business in Idaho, with Todd
Engel listed as the contact person for the
business, and gives a contact address in
Ponderay, Idaho.
NewsBF checked with officials at the District
Court today to find an address for Mr. Engel's
residence. They tried, but could not find any
address for him in their records. They
recommended we contact Mr. Engel's attorney,
which we did. His attorney, Mr. Prince, declined
to provide any information on the defendant's
residence, citing concerns for his privacy. |
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