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.