AO 91(Rev. 11/11) Criminal Complaint 

UNITED STATES DISTRICT COURT 

for the 

District of Oregon FILEDC'8 .Jft.t '1610:()7USDC-ffiP 

United States of America 

v. 

Jason PATRICK, 

Duane Leo EHMER, 

Dylan ANDERSON, 

Def endant(s) 

) 

) 

) 

) 

) 

) 

) 

Case No. 

'16-MJ-06 r .

11-3 

CRIMINAL COMPLAINT 

I, the complainant in this case, state that the following is true to the best of my knowledge and belief. 

On or about the date(s) of January 2, 2016, to the present in the county of Harney in the 

District of ___ eg n _ __ , the defendant(s) violated: 

Code Section Offense Description 

18 U.S.C. § 372 Conspiracy to Impede Officers of the United States from discharging their 

official duties through the use of force, intimidation, or threats 

This criminal complaint is based on these facts: 

See attached Affidavit. 

~ Continued on the attached sheet. 

Katherine Armstrong, Special Agent, FBI 

Printed name and title 

Sworn to before me and signed in my presence. 

City and state: Portland, Oregon Stacie F. Beckerman, U. S. Magistrate Judge 

Printed name and title 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 1 of 39
UNITED STATES OF AMERICA ) 

) 

DISTRICT OF OREGON ) 

AFFIDAVIT OF KA THERINE ARMSTRONG 

I, Katherine Armstrong, having been first duly sworn, do hereby depose and state as 

follows: 

Introduction and Agent Background 

1. I am a Special Agent (SA) of the Federal Bureau of Investigation (FBI) and have 

been so employed for approximately one-and-a-half (1 Yi) years. I am currently assigned to the 

FBI's Portland Division and am part of the violent and organized crime squad. In 2014, I 

successfully completed twenty-one (21) weeks of training at the FBI Academy located in 

Quantico, Virginia. During that time, I was taught the use and practical application of various 

investigative techniques that Federal law enforcement officers are allowed to employ. In 

addition to my formalized training in violations of the law at the FBI Academy, I have also 

acquired knowledge and information pertaining to violations of federal law from numerous other 

sources, including: formal and informal training, other law enforcement officers and 

investigators, informants, and my participation in other investigations. Prior to joining the FBI, I 

was a prosecutor with the Philadelphia District Attorney's Office for approximately two-and-ahalf years and briefly worked in the private sector as a civil litigator. I attended law school at 

Temple University in Philadelphia, Pennsylvania, and have been certified to practice law since 

October 2010. 

Purpose of Affidavit 

2. This affidavit is submitted to support a criminal complaint and arrest warrants for 

Jason PATRICK, white male, date of birth xx/xx/1972; Duane Leo EHMER, white male, date of 

birth xx/xx/1970; and Dylan ANDERSON, aka "Captain Moroni," white male, date of birth 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 2 of 39
xx/xx/1981, for the felony crime of Conspiracy to Impede Officers of the United States from 

discharging their official duties through the use of force, intimidation, or threats, in violation of 

Title 18, United States Code, Section 372. 

Other Conspirators Charged 

3. On January 26, 2016, at approximately 4:25 p.m. the FBI and the Oregon State 

Police began an enforcement action to take into federal custody individuals involved in the 

armed occupation of the Malheur National Wildlife Refuge. During the arrest shots were fired. 

One individual is deceased and one was injured. The following individuals were taken into 

custody: Ammon Bundy (hereinafter A. Bundy); Ryan Payne, Ryan Bundy (hereinafter 

R. Bundy), Brian Cavalier, aka "Booda Bear," and Shawna Cox. Joseph O' Shaughnessy and 

Peter Santilli were taken into custody later that evening. Also on January 26, 2016, Jon 

Ritzheimer was taken into custody in Arizona. 

4. On January 26, 2016, A. Bundy, Ritzheimer, O'Shaughnessy, Payne, R. Bundy, 

Cavalier, aka "Booda Bear," Cox, and Santilli were charged by Criminal Complaint with the 

felony crime of Conspiracy to Impede Officers of the United States from discharging their 

official duties through the use of force, intimidation, or threats, in violation of Title 18, United 

States Code, Section 372. On January 27, 2016, all but Ritzheimer made an initial appearance in 

federal court in the District of Oregon. Ritzheimer made his initial appearance in the District of 

Arizona. 

5. The above-named individuals, most of whom have been armed, have been 

working together, with additional known and unknown actors, to control federal property while 

refusing to leave, intending to impede and prevent by force the federal officials who work on and 

use that property from performing their official duties. The facts set forth in this affidavit are 

Affidavit of Katherine Armstrong Page2 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 3 of 39
based on my own personal knowledge; knowledge obtained from other individuals during my 

participation in this investigation, including other law enforcement officers; interviews of 

witnesses; my review of records related to this investigation; and communications with others 

who have knowledge of the events and circumstances described herein. 

6. Persons identified by name in the photographs contained herein have been 

independently identified by a witness with knowledge or a law enforcement officer through 

motor vehicle records and/or criminal history records. All photographs of the Malheur National 

Wildlife Refuge that depict the land, entrances/gates, and buildings inside and out have been 

identified by a Federal Wildlife Officer or staff member with the U.S. Fish and Wildlife Service 

who works at the Malheur National Wildlife Refuge. The Federal Wildlife Officer or staff 

member with the U.S Fish and Wildlife Service has confirmed the photographs depict what is 

represented in this affidavit. All video referenced in this affidavit has been downloaded and 

preserved by investigators. 

7. I have not included all information learned through this investigation. I have 

included information I believe is sufficient to establish probable cause for the criminal complaint 

and arrest warrants requested by this affidavit. 

Investigation 

8. Based on the foregoing facts, I have probable cause to believe that starting on or 

about January 2, 2016, and continuing through January 26, 2016, PATRICK, EHMER, and 

ANDERSON, conspired with A. Bundy, Ritzheimer, O'Shaughnessy, Payne, R. Bundy, 

Cavalier, Robert Lavoy Finicum, Cox, Santilli, and other known and unknown individuals to 

impede by force, intimidation, or threat, officers of the United States from discharging their 

I l l 

Affidavit of Katherine Armstrong Page3 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 4 of 39
duties in the Malheur National Wildlife Refuge in Harney County, Oregon, in violation of 

Title 18, United States Code, Section 372. 

9. This affidavit is based on an investigation by the FBI into the activities of 

A. Bundy, Ritzheimer, O'Shaughnessy, Payne, R. Bundy, Cavalier, Finicum, Cox, Santilli, 

PATRICK, EHMER, ANDERSON, and others in connection with an armed occupation of the 

Malheur National Wildlife Refuge (MNWR), a unit of the National Wildlife Refuge System 

managed by the United States Fish and Wildlife Service (USFWS). The MNWR is federal 

property. 

Hammond Sentencing 

10. ,On June 6, 2012, Dwight and Steven Hammond were convicted of two counts of 

arson by a jury in the District of Oregon. They were originally sentenced on October 30, 2012. 

Dwight Hammond was sentenced to serve three months in prison, and Steven Hammond was 

sentenced to serve twelve months. On February 7, 2014, the Ninth Circuit Court of Appeals 

overturned the District Court's sentence. The United States Supreme Court denied a petition for 

writ of certiorari on March 23, 2015. On October 7, 2015, Dwight and Steven Hammond were 

resentenced to serve a mandatory, five-year term of imprisonment. On January 4, 2016, the 

Hammonds reported to a Federal Correctional Institute in California to serve the remainder of 

their sentences. Prior to surrendering to serve their sentences, the Hammonds, through their 

attorney, continued to distance themselves from A. Bundy and his group. 

11. On January 4, 2016, A. Bundy addressed the media and stated that he named his 

group of protesters the "Citizens for Constitutional Freedom" (CCF), and they were acting in 

support of the Hammonds. A. Bundy told a national morning news show that members of CCF 

were armed because "We are serious about being here. We're serious about defending our 

Affidavit of Katherine Armstrong Page4 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 5 of 39
rights, and we are serious about getting some things straightened out." When asked on the show 

ifhe anticipated it would lead to violence, A. Bundy responded, "Only ifthe government wants 

to take it there." 

12. In a video posted on an Internet website titled "Citizens for Constitutional 

Freedom News Conference" posted on January 4, 2016, A. Bundy said their purpose is to restore 

and defend the Constitution, and they have spent two months petitioning the state and county 

representatives to stand for the Hammonds against the so-called "unconstitutional 

actions." Bundy said, "We feel that we have exhausted all prudent measures and have been 

ignored. And it has been left to us to decide whether we allow these things to go on or whether 

we make a stand." In the video, Finicum makes a statement about the purported oppression 

against ranchers, specifically the Hammonds. 

13. On January 4, 2016, Hamey County Sheriff Dave Ward held a press conference 

and informed the armed occupiers of the MNWR that the Hammonds had peacefully surrendered 

themselves to complete their federal sentences and informed the armed occupiers that "it was 

time to leave." 

Armed Occupier Activity in Harney County, Oregon 

14. On October 5, 2015, A. Bundy and Payne visited Hamey County Sheriff Dave 

Ward in Hamey County. During the visit, A. Bundy and Payne told Ward that he needed to 

protect the Hammonds from going back to prison. Payne and A. Bundy informed Ward that if 

the Hammonds spent one more day in jail there would be "extreme civil unrest." On 

November 12, 2015, A. Bundy publicly posted a letter from the Bundy family to Hamey County 

Sheriff Dave Ward. The letter was posted online at http://bundyranch.blogspot.com and was still 

publicly viewable as of January 26, 2016. In summary, the Bundy family claims that federal 

Affidavit of Katherine Armstrong Pages 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 6 of 39
employees are abusing their positions within the federal government to punish the Hammond 

family. Several additional blog posts, made on November 12 and later, further state that it is the 

Bundy family position that the Hammond family has been illegally arrested. 

15. A Facebook Community page titled "Hamey County Liberty News" includes 

eight videos on the page. I personally viewed the Facebook page on January 7, 2016, and all 

videos appear to be narrated by the same individual, who identifies himself on several of the 

videos as PATRICK. In one of the videos, posted on December 12, 2015, and titled "Time for 

some camping" PA TRICK is pictured standing outside with the road sign "Hammond Ranch 

Rd" clearly visible in the background. PA TRICK talks about winter camping and camping in the 

area. In a video posted on December 13, 2015, and titled "Through the wind and snow yesterday 

I neglected to post this lovely cattle drive," PA TRICK identifies himself as being present in 

Hamey County and later states he is doing some "tactical camping." In an untitled video posted 

December 15, 2015, PATRICK discusses a community meeting in Hamey County and shows a 

flyer for the meeting indicating that it will include a "presentation on Committee of Safety by 

Ryan Payne." 

16. On December 18, 2015, a citizen (hereafter Citizen) of Hamey County was 

shopping at the Safeway grocery store in Bums, Oregon. Citizen was wearing a BLM shirt. 

Citizen was confronted by two men, one whom she identified as Ritzheimer. Citizen reported to 

law enforcement that she heard yelling, and when she turned around, the second individual 

shouted "you're BLM, you're BLM" at her. That person further stated to Citizen that they know 

what car she drives and would follow her home. He also stated he was going to bum Citizen's 

house down. Ritzheimer and the second individual left the area in a black pick-up truck with 

black canopy and no visible license plate. Since the incident, Citizen has observed a similar 

Affidavit of Katherine Armstrong Page 6 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 7 of 39
vehicle outside her residence. Citizen was unable to identify the driver of the vehicle when she 

later saw it. The following week, a second vehicle, described as a white truck with a pink license 

plate and a big rebel flag sticker on the back window, aggressively tailgated Citizen, flashing 

lights and driving erratically. Citizen believed the second incident was related to the first. 

Citizen also saw the black pick-up truck outside of her place of employment early in the morning 

hours of Christmas Day. 

17. On December 26, 2015, a video posted to an Internet website channel indicated 

the video is a "call out" to all "patriots" to meet at the Safeway parking lot in Burns, Oregon, on 

January 2, 2016, for the protest. One of the individuals states they are in Burns, Oregon, and are 

there to support the Hammonds. A screenshot from the video, attached below, shows 

O'Shaughnessy on the far left, PATRICK second from the right, and Ritzheimer on the far right. 

In the video each individual identifies himself by name. Their identities have also been 

independently confirmed through motor vehicle records. 

Affidavit of Katherine Armstrong Page 7 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 8 of 39
18. On December 31, 2015, a video posted to an Internet website showed Ritzheimer 

in a car saying "we the people need to take a stand," "we need real men and women here to take 

a stand" and that he has "had to do a lot of soul searching" and he is "one hundred percent 

willing to lay down my life, to fight against tyranny in this country." 

January 2016 - Takeover of Malheur National Wildlife Refuge 

19. According to open source reporting that I have reviewed and conversations I have 

had with other law enforcement officers, on January 2, 2016, several hundred unidentified 

individuals participated in a protest in Bums, Oregon, related to the resentencing of Steven and 

Dwight Hammond. Following the protest, A. Bundy, Ritzheimer, O'Shaughnessy, Payne, R. 

Bundy, Cavalier, Finicum, and PATRICK, among others, entered the MNWR, blocked the 

entrance to the Refuge, and began their armed occupation of several buildings within the 

MNWR. The MNWR and all buildings located thereon are federal property and facilities. The 

armed occupation of the MNWR has been continuous and ongoing since January 2, 2016. The 

MNWR is located in Hamey County, District of Oregon. A news article posted on an Internet 

website on January 3, 2016, at 7:19 a.m. and updated January 4, 2016, at 12:53 p.m. included a 

photo with the caption "The militiamen have blocked the entrance to the headquarters of the 

Malheur National Wildlife Refuge with vehicles" and is shown below. This photograph has 

been verified by a Federal Wildlife Officer with the U.S. Fish and Wildlife Service and 

confirmed to depict the entrance to the MNWR. The Federal Wildlife Officer identified the 

vehicle as an MNWR vehicle blocking the main road. 

II I 

Ill 

II I 

Affidavit of Katherine Armstrong Page8 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 9 of 39
20. According to a senior official with the U.S. Fish and Wildlife Service, Pacific 

Region, the MNWR is adjacent to the Steens Mountain Wilderness, with the Wild and Scenic 

Donner and Blitzen River flowing into it at its southern boundary. The MNWR consists of more 

than 187,700 acres of prime habitat, including 120,000 acres of wetlands that provide a crucial 

stop for waterfowl along the Pacific Flyway. Particularly important to colonial waterbirds, 

sandhill cranes, and redband trout, the Refuge also encompasses upland and riparian habitats 

vital to many migrating birds and wildlife. The MNWR hosts over 320 bird species and 58 

mammal species. The MNWR supports over 20 percent of the Oregon population of breeding 

greater sandhill cranes. Refuge property includes more than 200 miles of water delivery ditches, 

7 major irrigation dams, 450 miles offence, and 200 miles of roads. 

21. Refuge property also contains 13 historic buildings. Many were built by the 

Civilian Conservation Corps in the 1930s and early 1940s. The headquarters features National 

Register of Historic Places structures and landscaping including five wood frame buildings (clad 

with local lava rock and roofed with terra cotta tile) that function as offices, workshops, natural 

Affidavit of Katherine Armstrong Page9 

/ 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 10 of 39
resource labs, and visitor facilities. A historic lookout tower, mature landscaping, and modem 

shop, garage, and wetland management infrastructure are also part of the historical headquarters 

ensemble. In 2014, there were 23,967 visitors to the MNWR including birders, hunters and 

outdoor recreationists. The winter hunting season closed at the end of December; currently, 

there are no open hunting seasons on the Refuge. 

22. The MNWR is staffed by employees of the United States Fish and Wildlife 

Service. As a result of the armed occupation of the MNWR by the known conspirators and 

others, which began on or about January 2, 2016, and continuing to the present, employees of the 

USFWS who work at the MNWR have been prevented from reporting to work because of threats 

of violence posed by the defendants and others occupying the property. Sixteen (16) federal 

employees work at the MNWR, including one federal law enforcement officer and a volunteer 

coordinator who lived on the Refuge and works in the visitor center. 

23. According to a senior official with the U.S. Fish and Wildlife Service, Pacific 

Region, following the unauthorized, armed occupation of the MNWR, the staff has been unable 

to conduct any official operations, including but not limited to business elements, critical 

management requirements, law enforcement operations, visitor services, and essential 

maintenance activities. As a result, the MNWR is being degraded and damaged by the inability 

of the staff to conduct required conservation management operations which are essential to the 

MNWR. The staff is entrusted with the management of the MNWR through the Fish and 

Wildlife Service Mission, the Refuge System Mission, and the governing comprehensive 

conservation planning document which includes the applicable authorities of the Refuge 

Administration Act, the Refuge Improvement Act, as well as supporting acts. In addition, active 

contracts, cooperative agreements, and other partnership arrangements requiring work on the part 

Affidavit of Katherine Armstrong Page 10 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 11 of 39
of contractors or collaborative partners are not able to occur as a result of the armed 

occupation. Any and all legal arrangements that exist with contractors and other business 

collaborators are being hindered resulting in loss of time, funding, and critical management 

elements. 

24. USFWS management believes that as long as this unauthorized, armed occupation 

persists, it is unsafe for employees to be in the area. 

25. According to a Special Agent with the Bureau of Land Management (BLM), on 

January 2, 2016, the BLM learned, by watching a live online video stream, that numerous 

individuals to include A. Bundy and Payne left the rally that was in support of the Hammonds in 

Burns, Oregon, and travelled to the MNWR to take it over. BLM was notified later that day by a 

Hamey County Sheriffs Officer that a source informed him that the group controlled the 

MNWR and had explosives, night vision goggles, and weapons and that if they didn't get the 

fight they wanted out there they would bring the fight to town. 

26. Due to the presence of armed individuals occupying the Refuge and also learning 

that some of their associates were still in the Burns area, the BLM made the decision to close the 

Burns District Office, located at 28910 Highway 20 West, Hines, Oregon, 97738. The office is 

currently closed and has been since January 4, 2016. This BLM action was taken out of concern 

for the safety of the approximate 80 employees who work there. 

Continued Occupation of the MNWR 

27. Following the arrests of A. Bundy, Ritzheimer, O'Shaughnessy, Payne, R. Bundy, 

Cavalier, Cox, and Santilli on January 26, 2016, law enforcement directed all remaining 

occupants of the MNWR to leave. By the morning hours of January 27, 2016, several armed 

individuals remained at the MNWR and refused to leave. Checkpoints were put in place by the 

Affidavit of Katherine Armstrong Page 11 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 12 of 39
FBI to identify those individuals who leave and prevent anyone from entering the MNWR. On 

January 27, 2016, PATRICK, EHMER and ANDERSON were taken into custody when they 

attempted to leave the MNWR through an FBI checkpoint. I have reviewed video footage on 

social media posted January 27, 2016, that shows the remaining occupants using equipment on 

the MNWR to move materials in a defensive position to block the roads. I have reviewed video 

on social media posted January 27, 2016, that shows known armed occupiers with firearms at the 

MNWR. One individual said the FBI "is coming to kill us" and "the media was waiting for a 

blood bath, now there is going to be one." Another individual in the video stated ''what you 

gonna do when the militia come after you FBI?" 

Social Media Posts, and News Reports 

28. Since the armed occupation of the MNWR, the occupiers have continually posted 

to various social media accounts and conducted interviews with news media, within and outside 

of the MNWR buildings, as further described below. 

A.Bundy 

29. On January 3, 2016, a video posted on an Internet website by "The Conspiracy 

Scope" showed A. Bundy and two others at the MNWR. The location of this video at the 

MNWR was confirmed by a Federal Wildlife Officer of the U.S. Fish and Wildlife Service. The 

Federal Wildlife Officer confirmed the individuals are at the main entrance to the MNWR. One 

individual is in the background holding a rifle. A. Bundy states that we have "taken over the 

Malheur National Wildlife Refuge" and that the MNWR will become a "base place for patriots 

from all over the country to come and be housed." A. Buridy continues by saying that "we're 

planning on staying here for several years." A. Bundy also says in the same video, "We are 

calling people to come out here and stand" and "We need you to bring your arms and we need 

Affidavit of Katherine Armstrong Page 12 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 13 of 39
you to come to the Malheur National Wildlife Refuge." One individual is also in the video 

saying that he agrees with A. Bundy and that they need people to "bring your arms." Two screen 

shots were taken from the video. The screen shot on the left shows two individuals (one with a 

rifle), and the screen shot on the right shows an unknown individual armed with a rifle, standing 

with A. Bundy, shown below: 

30. On January 4, 2015, A. Bundy gave a news conference at the MNWR. A photo 

on a news website shows Cavalier (second from left), A. Bundy (third from left), and others 

leaving the news conference together, below. According to a Federal Wildlife Officer with the 

U.S. Fish and Wildlife Service who has viewed this photo, the group appears to be walking down 

the hill from the main entrance to the MNWR and toward the main headquarter building. 

Ill 

Affidavit of Katherine Armstrong Page 13 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 14 of 39
Ritzheimer 

31. Ritzheimer appeared in a video titled "Militants take to social media to recruit 

supports," posted on January 4, 2016, to an Internet website and stated, "We are in my truck 

parked outside the Refuge," "We need you to get here and stand with us," "whether you are 

armed or unarmed," and "Please get up here to help us." Another person also appeared in the 

video stating, "We need your help guys." Ritzheimer also posted a video where he stated, "I've 

had to do a lot of soul searching up here, and I am with good people who also have had to do a 

lot of soul searching, some who've done this soul searching for years, and I am one hundred 

percent willing to lay my life down, to fight against tyranny in this country." A photo posted on 

an Internet news website shows Ritzheimer adjusting a sign outside the MNWR on January 5, 

2016, shown below. A Federal Wildlife Officer with the U.S. Fish and Wildlife Service has 

confirmed the location of the signs on the MNWR close to the main entrance. 

Affidavit of Katherine Armstrong Page 14 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 15 of 39
32. On January 5, 2016, in a video taken by Santilli and posted to YouTube, 

Ritzheimer states "last word we got is they're headed out here" in reference to the armed 

occupiers who believed they were going to be raided by the federal government. Ritzheimer 

further states, "We got word that they're coming out here, uh so we are trying to plan and 

maintain a defensive posture" and "Right now underneath that tarp right there-Lavoy Finicum 

is sitting underneath that tarp, and he is not going to let them come through. We're maintaining 

a defensive posture back here." In the still shot below, Ritzheimer is carrying what appears to 

be, based on my training, experience and knowledge of firearms, an AR-15-style rifle with sling. 

Affidavit of Katherine Armstrong Page 15 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 16 of 39
O'Shaughnessy 

33. A video entitled "#aslongasittakes" was live-streamed starting January 5, 2016, 

continuing into January 6, 2016, and posted on YouTube to the "Pete Santilli Show." The video 

is filmed at or just outside the MNWR. The location of the video outside the MNWR was 

confirmed by a Federal Wildlife Officer. In the video, O' Shaughnessy was interviewed by 

Santilli and states, "We have people here that are standing up for the constitution," "We need 

every patriot in this country to come out here and and support the message," "You guys need to 

be out here to show your support you need to stop the bickering," and "If you want to lock arms 

in front of this reserve and make sure that these federal agents and this corrupt government 

doesn't come through those gates, you can do that. Or if you want to go on in and do what you 

gotta do then go on and do that, everybody has a place in this and everybody need to be here." 

O'Shaughnessy further states in the interview, "I'm right now in the process of trying to set up a 

constitutional security protection force to make sure that these federal agents and these law 

enforcement don't just come in here like cowboys, that's we have to prevent that um." 

Payne 

34. Payne arrived to Hamey County in November 2015. In one public source email 

dated November 20, 2015, posted by a user using email address rypavnel@xxx.com with the 

user name "Ryan Payne," Payne was encouraging others to support him in planning a response to 

Hamey County, and wrote: 

The opportunity to defend the Hammonds is not the first, nor will it be the 

last. But the display of tyranny in this particular case is so appalling, the people 

being directly subjected to it so undeserving, and the oppressive weight so heavily 

and completely applied; upon not only the Hammonds, but their entire 

community; that to decide to allow it to persist should trouble the soul such that 

death might be a welcome relief. 

Affidavit of Katherine Armstrong Page 16 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 17 of 39
We must be wise, and great discernment must guide our decisions, 

particularly when we ask that others be willing to shed their blood alongside us. 

We must choose our engagements with great care and consideration for the lives 

of all involved, on all sides. The situation calling out to us now is such that to not 

heed it's [sic] cries will be a betrayal of the very foundation and principles we 

have built our convictions on, and reduce them to empty claims. 

35. On November 22, 2015, a second email was posted by the same user as above 

stating: "I have made my decision. I spoke with those that I began this endeavor with, well 

before OMD came to be, and we agreed that the people must be given an example, and that this 

is what we sought to provide. Perhaps the example I provide is such to educate them, whether as 

a leader, or as to what they should not do. Only God can determine such things." 

36. On January 5, 2016, Payne was contacted by Bums Police Department at a 

McDonalds in Harney County, Oregon. Payne was with a second individual at the time of 

contact and both individuals were armed. An officer's body camera captured the event and a still 

image from the contact is shown, below. Payne is the individual on the left, with a visible 

holster on his hip. 

Affidavit of Katherine Armstrong Page 17 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 18 of 39
37. The photo below depicts Payne at the MNWR. A staff member of the U.S. Fish 

and Wildlife Service who works at the MNWR, has confirmed the photo depicts the interior of 

the RV park common room, a building located inside the MNWR. Payne has been positively 

identified by law enforcement through motor vehicle records and open source information, 

including Internet sharing websites. 

38. On January 4, 2016, a national news organization posted a video online of 

A. Bundy delivering a press conference. A screenshot from that video appears below. The 

Affidavit of Katherine Armstrong Page 18 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 19 of 39
screenshot depicts Cavalier, A. Bundy, Payne, and other known and unknown individuals. This 

photograph has been verified by a Federal Wildlife Officer with the U.S. Fish and Wildlife 

Service to depict the MNWR's headquarter tower in the background. Given the proximity of the 

tower to the individuals, the individuals are likely standing close to the Refuge entrance sign on 

the entrance road. 

R. Bundy 

39. On January 6, 2016, R. Bundy was photographed by a national news reporter 

inside an MNWR building with A. Bundy. The location of the photograph inside a U.S. Fish and 

Wildlife biologist's office in a federal building on the MNWR was confirmed by a Federal 

Wildlife Officer of the U.S. Fish and Wildlife Service. This photograph was posted to a national 

Internet news website. The photo clearly shows R. Bundy carrying a rifle while A. Bundy is on 

the phone, as shown below: 

Ill 

Ill 

Affidavit of Katherine Armstrong Page 19 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 20 of 39
Cavalier 

40. Cavalier, who uses the handle "Booda Bear," posted a video to an Internet 

website channel on September 9, 2015, in which he stated, "I am Cliven and Carol's and the 

family's personal body guard." 1 As recently as January 4, 2016, he can be seen standing next to 

and escorting A. Bundy during press conferences, as seen in the below screen shot (Cavalier is 

the individual on the left). According to a Federal Wildlife Officer with the U.S. Fish and 

Wildlife Service, the photo depicts A. Bundy at the main entrance and the trees in the 

background surround the main headquarter building. Sometime after January 4 and before 

January 11 , 2016, Cavalier left the MNWR. Cavalier was arrested on January 11, 2016, by the 

Buckeye Police Department in Arizona. He had outstanding warrants from Prescott and Prescott 

Valley, in Arizona. Cavalier was in possession of a firearm at the time of his arrest. After his 

arrest, he was released and returned to Hamey County. 

1 Cliven and Carol Bundy are the parents of A. BUNDY and R. BUNDY. 

Affidavit of Katherine Armstrong Page 20 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 21 of 39
' ~ , • * .. ~ ""'~ ~ ' ' • ,; : :.. 

- - - -

Finicum 

41. In a local news report dated January 5, 2016, located online, Finicum spoke to 

reporters at the MNWR. Finicum was interviewed on video outside the Refuge wrapped in a 

tarp and blanket. He stated, "There are things more important than your life and freedom is one 

of them. I'm prepared to defend freedom. " Finicum was reported as holding a rifle and 

backpack and was staying at the entrance to the Refuge overnight. A. Bundy, identified as a 

group leader, said the group would take a defensive position as they were anticipating a possible 

raid. In a later video posted on January 6, 2016, the speaker states, "There was intel that the uh, 

um, camp was going to be raided." He then shows the heavy equipment which was placed to 

barricade the road and stop the "feds. " He then states the equipment was brought up for them to 

"defend themselves." A photo accompanying the local news article and captioned "Activists 

Affidavit of Katherine Armstrong Page 21 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 22 of 39
have used heavy equipment to block to the road to the Malheur wildlife refuge buildings" is 

shown below. A Federal Wildlife Officer with the U.S. Fish and Wildlife Service identified the 

equipment in the photograph as an MNWR loader and grader blocking the main entrance. 

42. A photo shown below from a local news station posted online on January 6, 2016, 

shows Finicum carrying a rifle at the MNWR. The location ofFinicum at the main entrance of 

the MNWR was confirmed by a Federal Wildlife Officer of the U.S. Fish and Wildlife Service. 

Affidavit of Katherine Armstrong Page 22 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 23 of 39
Cox 

43. On January 4, 2016, a video was posted to an Internet website titled "Citizens for 

Constitutional Freedom News Conference Oregon 1-4-16(1)." In the video, A. Bundy introduces 

Cox who identifies herself and spells her name. Cox speaks as a representative of the "Citizens 

for Constitutional Freedom" and other participating groups, including Bundy Family and 

Supporters, Liberty for All, Oregon Bearded Bastards, Pacific Patriot Network, and Liberty 

Watch Washington. A screenshot from the video is shown below: 

44. On January 6, 2016, Cox was photographed with A. Bundy inside a building at 

the MNWR. The photo was posted online to a national news website with the caption "Ammon 

Bundy (L), and supporter Shawna Cox work in an office at the Malheur National Wildlife 

Refuge." A Federal Wildlife Officer with the U.S. Fish and Wildlife Service confirmed the 

photo depicts the inside a U.S. Fish and Wildlife biologist's office in a federal building on the 

MNWR. 

Affidavit of Katherine Armstrong Page 23 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 24 of 39
Santilli 

45. Law enforcement became aware Santilli has been in Hamey County, Oregon, 

since January 2, 2016, but the exact date of his arrival in the area is unknown. Santilli operates a 

channel on Y ouTube called "Pete Santilli Show." Details of the channel indicate it is 

categorized as entertainment under a standard license for Y ouTube. Santilli has posted video to 

the channel concerning the Hammond family and has been calling for people to come to Oregon 

since at least December 27, 2015. Santilli often streams live video from his YouTube channel. 

All video referred to in this affidavit has been preserved by law enforcement agents. In the 

referenced videos, Santilli often wears a vest which says "PRESS" with his name below it. 

Santilli has identified himself as a member of the Oath Keepers and wears insignia which 

indicates his affiliation with the III% group, detailed below. According to open source 

information, the Oath Keepers and III%ers have been identified as organizations associated with 

the anti-government patriot movement. 

46. On December 27, 2015, a video was posted on Santilli's YouTube channel "Pete 

Santilli Show" titled "Operation Hammond Ranch - Patriot ALL-CALL Deployment to 

Affidavit of Katherine Armstrong Page 24 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 25 of 39
Oregon." In the video, Santilli mentions known armed occupiers Ritzheimer and O' Shaughnessy 

and states they have "put out an all call for all patriots to respond. It was a call to action, all 

patriots to respond no later than January 2 to Oregon." Santilli also states: 

There's going to be a lot of updates coming, ok. Ah, a lot of stuff that's going to 

be happening out there, I can't go into the exact details, because a, I don't have all 

the details. I ah, I, let's call it, um, I'm not a, I need to be on a need to know 

basis. I'm going to be, as a member of the media, ah, exercising my First 

Amendment rights to cover this stuff for the American public cause the main 

stream media is not going to be bringing you what we are going to be bring to, 

bringing you as to what's happening, ah, at Hammond Ranch. So, ah, we are 

calling it initially here Operation Hammond Ranch. That may change, ah, but we 

want to bring awareness to Hammond Ranch. 

Santilli continued in the video by stating: 

What it's about, it's in Oregon, ah, and we need you to get out there, ah, this is an 

all call, ah, it's been green lighted, for all patriots to respond to Oregon on or 

before January 2, ah there's going to be a patriot convoy on January 2. You'll be 

getting those exact details. So I'm Pete Santilli. Be sure to like, comment, 

subscribe, and share the heck outta this thing. Get the word out, ah, to all patriots 

that can get out there, especially in the Pacific Northwest. Ah, you must get out 

there, ah what is happening here .... 

Santilli continues: 

Ok, ah, we got the Federal government running around as if they're trying to 

protect us from terrorism. No, they're trying to shut down patriots like me, 

Schuyler Barbeau, throw them in jail, throw the Hammonds in jail, call them 

terrorists, and, ah, let all the Syrian refugees come in. We're not going to let it 

happen. We're going to take a stand .... Ok, I'm sure they had original 

intentions to be extremely peaceful. Ah, of course, ah, we, ah, we must get the 

Federal government to comply with our peaceful demands, ah, otherwise we have 

to explore all opportunities that we have made available to us through our 

founding fathers. So, ah, um, be prepared, be alert, um, and definitely respond to 

this call of action, call to action folks, all call, all patriots get out there. Thank 

you. Alright, here we are. 

47. On January 2, 2016, a video was posted on YouTube channel "Pete Santilli 

Show'' titled " [Live feed 2] Operation Hammond Ranch." The video appeared to be filmed in 

the parking lot of the Safeway grocery store in Burns, Oregon, prior to a scheduled protest at 

Affidavit of Katherine Armstrong Page 25 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 26 of 39
noon the same day. In the video, Santilli states, "Hey ladies and gentlemen, I just want you guys 

to know, I want it stated for the record here on the Pete Santilli Show." Santilli then turns and 

faces the camera directly and states: "Hey Stewart Rhodes, I tore up my membership card. I'm 

still an Oath Keeper, homey, huh, how does that work? I don't need your card. I don't need to 

pay your membership dues." Santilli then turns away from camera and addresses others and 

says: "I tore up my card. I tore up my card. I tore up my card. I'm still an Oath Keeper. See 

how that works?" Santilli then turns back to camera and says: "You know what, sue me. I got 

nothing. I got a freaking, I got an ash tray and a freaking pocket a hole. That's it. Sue me. Sue 

me. I'm an Oath Keeper. Can you imagine that? I tore up my card. I didn't blow up. It's 

amazing." 

48. On January 2, 2016, a video was posted to Y ouTube channel "Pete Santilli Show" 

titled "Live feed Hammond ranch." The following conversation was heard on video but took 

place off-camera: 

Ammon Bundy: Hey we're continuing the stand. We're continuing the stand 

[at/out] the MNWR. 

Santilli: Ok. 

Ammon Bundy: Let everybody know that. 

Santilli: Ok. 

Ammon Bundy: They're to go to the MNWR ... [inaudible] ... after the rally ... 

MNWR right after. 

Santilli: [Coming back on microphone]: Ok, here we go . . . . [Returns to 

protest]. 

Also captured in the same video, an unidentified male greets A. Bundy, and states he was with 

A. Bundy in Nevada. The following conversation was then captured on video: 

II I 

Affidavit of Katherine Armstrong Page 26 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 27 of 39
Ammon Bundy: We're continue the stand ... [becomes inaudible as Santilli's 

cameraman moves away, and bumps into someone]. 

Cameraman: I was trying to get away from that conversation. 

Below is a still frame shot from the above conversation as A. Bundy speaks to the unidentified 

man. 

49. Later, on the same video, the camera pans back as A. Bundy leans in to Santilli 

and says, "Malheur, Malheur." The below still shot captures the moment A. Bundy is talking to 

Santilli (Santilli is facing away from camera with mesh vest and black baseball cap). Santilli 

appears to acknowledge A. Bundy and then pulls A. Bundy in for a public speech on Santilli's 

live stream. 

Affidavit of Katherine Armstrong Page 27 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 28 of 39
50. On January 5, 2016, a video was posted on YouTube channel "Pete Santilli 

Show" titled "Live update Burns Oregon #aslongasittakes." In the video, Santilli states: "We 

want a constitutional sheriff, constitutional peace officers, but here is what we need, most 

importantly, ok, this is what we need, now I'm gonna say this and I am going to be talking about 

it throughout the day: one hundred thousand, unarmed, men and women, to stand together. It is 

the most powerful weapon in our arsenal, those guns that we were talking about, those that were 

carrying guns .... " Santilli then talks to a gas station attendant and repeats the same call for one 

hundred thousand people. 

51. Also on January 5, 2016, a video entitled "#aslongasittakes" was live-streamed 

for several hours. The video started on January 5, 2016, continued into January 6, 2016, and was 

posted on YouTube channel "Pete Santilli Show." The video is filmed at or just outside the 

MNWR. The location of the video outside the MNWR was confirmed by a Federal Wildlife 

Officer of the U.S. Fish and Wildlife Service. During the video, Santilli stated, "We're not 

fucking going nowhere." Santilli later stated, "Here is what we need. I'm gonna tell you 

something right now. Captain Joe, myself, I'm not armed. I am armed with my mouth. I'm 

armed with my live stream. I'm armed with a coalition of like-minded individuals who sit at 

home and on YouTube and watch this." 

52. On January 6, 2016, a video was posted on YouTube channel "Pete Santilli 

Show" titled "press conference." In the video, Santilli states, "We need to join together, one 

hundred thousand, unarmed men and women, one hundred thousand of them, whether they be 

from the outside, or they be from here in this local county." 

I II 

II I 

Affidavit of Katherine Armstrong Page 28 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 29 of 39
53. On January 7, 2016, a video was posted on YouTube channel "Pete Santilli 

Show" titled "Live From Burns, Oregon - #aslongasittakesoregon." In the video, Santilli states: 

I want one hundred thousand people out here, shoulder to shoulder, uh, unarmed. 

That's what I am calling for. Out here, between, and and to learn, ok, and to also 

protect the good souls that are inside, uh, if the Sheriffs department is telling you 

not to come out here, ok, uh, that means that they are trying to keep you away 

from the truth .. . . Ok, this learning experience that is going to take place here in 

the coming days, you guys are going to be blown away as this thing starts to 

unravel, uh, but you need to come out here, ok, you need to come out and not 

cower in fear . . .. 

54. On January 11 , 2016, a video was posted on YouTube channel "Pete Santilli 

Show" titled "Burns, Oregon - Community Meeting @ Burns High School." In the video, 

Santilli can be seen wearing III% on the sleeve of his shirt, shown below. 

5 5. On January 12, 2016, a video was posted to Y ouTube channel "Pete Santilli 

Show" titled " 1/12116 Day 11 - Update [1] from Malheur Wildlife Refuge in Burns, Oregon -

#OregonFront." In the video, Santilli states: 

Ill 

II I 

Affidavit of Katherine Armstrong Page 29 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 30 of 39
I give you my word from this point forward, I will be lawful, I will be 

constitutional, ok, but I want to stand with you shoulder to shoulder, in 

opposition to what is happening here in Bums, and I want to crush 

communism here in Bums, and I want to crush socialism here in Bums, and 

I want to call upon everyone, if we can get one hundred thousand people 

standing shoulder to shoulder with me with flowers and determination, to 

take a stand against what's happening here in Burns. I want you to join me 

at this meeting. Please join me at this next meeting. Please. I'm going to 

go .... 

56. On January 17, 2016, a video was posted to an Internet video sharing website by 

user "Veritas 13 Fox" titled "Press Brief, FBI Cam#, & Calling BS on ABC News." In the video 

Santilli can be seen standing behind Finicum, with Ritzheimer and another occupier, at the main 

entrance to the MNWR. The vest Santilli is wearing has a clearly visible Oath Keeper patch on 

front. The vest also reads "PRESS" on the back. The video depicts that just prior to the press 

conference, Santilli whispered something in Finicum's ear and patted him on the back. After 

Finicum stated that the property does not go back to the BLM and then stated, "It does not return 

to the federal government," Santilli put his arm around the individual standing next to him. After 

Finicum spoke, Santilli addressed the media and said: 

LaVoy's ah, offered me the opportunity to come up and speak to the members of 

the press. Uh, my name is Pete Santilli, uh for those_ of you that don't know me, 

uh I've accumulated approximately fifteen million uh minutes of viewing time, on 

the stream total combined uh worldwide, and I want to uh let the main stream 

media know uh that those that are not watching the stream or haven't been tuned 

in to my show, shame on each and every one of you. For those people that have 

been following the main stream media ... [inaudible] . .. still asking the question. 

After twelve, thirteen days of being out here people are still wondering what the 

core issues are here, on this land. Shame on each and every one of you, millions 

of dollars being spent, you have an obligation to communicate to the public, and 

unfortunately your filtering [inaudible] . . . the public is not well informed. 

A screen shot of the video is shown below: 

II I 

I II 

Affidavit of Katherine Armstrong Page 30 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 31 of 39
57. On January 21 , 2016, a video was posted to Y ouTube channel "Pete Santilli 

Show" titled "BREAKING: Ammon Bundy Meets & Negotiates With FBI [EXCLUSIVE]." In 

the video, A. Bundy can be seen and heard speaking with FBI personnel over a speaker on a cell 

phone. Cavalier is standing beside A. Bundy. Santilli introduced himself to several people as he 

filmed what was going on. Approximately thirteen minutes after leaving the meeting and while 

driving away, Santilli had the following conversation with a second person in his vehicle, who is 

off-screen, operating the video camera: 

Camera person: They're amping up their uh little camp there. You know they are 

building, they have built a uh very large triage in the hospital. We have, we've 

confirmed that, we have, and we've also noticed in the last week that they're 

starting to uh get closer and closer to the refuge. 

Santilli: Can I say something? Can I add something? 

Camera person: Well of course. 

Santilli: This is what I wanna tell, and good patriots will do good things, that's 

what I'm calling for. All you good patriots out there, it's time to staff up. Ok. 

Camera person: Staff up? Yes. 

Affidavit of Katherine Armstrong Page 31 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 32 of 39
Santilli: I'm gonna say this right now, loud and clear, and I want to put it out to 

every one of you patriots out there right now. This is to provoke constitutionality, 

ok, only! That's it. So don't say 'oh my goodness lo lo lo, shut your cake hole! ' 

If you're a patriot, ok, and and you believe in what we're doing here as to ah 

protecting our god given rights, ok, you need to get in your car and come out here 

ok. Good patriots will do good things. Now's the time, time to staff up, ok. 

Time to staff up. I, I saw a compound that is so [video skips] .. . alright, that's 

what I'm calling for, that's what I'm provoking here, alright! Uh, we have a 

Second Amendment right uh to do that, to keep and bear arms. So those patriots 

that do keep and bear arms lawfully and constitutionally, it's time to staff up now! 

Right now. 

PATRICK 

58. On January 5, 2016, PATRICK was interviewed on a radio show. In the 

interview, PA TRICK stated, "We hope to achieve is restore the constitution and the right of 

people of Hamey County ... access of the land back to proper jurisdiction" and "Most people 

are walking around without a weapon." PATRICK stated during the radio interview that he had 

arrived in Harney County on December 8, 2015. PATRICK posted a photo of himself on 

Facebook standing outside of the MNWR with the sign for the MNWR visible in the background 

of the photograph. The photo below was posted on January 2, 2016. 

Affidavit of Katherine Armstrong Page 32 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 33 of 39
EHMER 

59. Agents accessed EHMER's public Facebook page. On January 8, 2016, EHMER 

updated his profile photo. The photo posted, shown below, depicts heavy equipment blocking 

the main entrance to the MNWR. EHMER commented on the photo on January 9, 2016, at 3:44 

a.m. The comment reads, "my post I will guard everything in my post and quit my post only 

when properly relieved." This photograph has been confirmed by a Federal Wildlife Officer 

with the U.S. Fish and Wildlife Service to depict the back or north facing side gate that closes the 

Service entrance (eastern) to the headquarters complex. The photo was taken facing SISE. 

- _ ..., posl , .. _,, everylling in nrypost ml <Pl"""""' .. -111-11'- ~.04-I< 

60. On January 9, 2016, EHMER posted another photo, shown below, on his 

Facebook page with the caption "guard duty." This photograph was shown to a Federal Wildlife 

Officer with the U.S. Fish and Wildlife Service. Based on other images the Federal Wildlife 

Officer has viewed during the occupation, the officer is confident that this is the fire area set up 

at the main (western) Refuge entrance to the headquarter complex. 

Affidavit of Katherine Armstrong Page 33 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 34 of 39
61. On January 9, 2016, EHMER shared a link to an online news article on his 

Facebook page. The link included a photo, shown below. EHMER commented underneath the 

link with the photo, "yep its [sic] me" and "and my horse Bellboy." This photograph has been 

confirmed by a Federal Wildlife Officer with the U.S. Fish and Wildlife Service to show an 

individual on MNWR grounds. The Federal Wildlife Officer confirmed the horse and individual 

are located approximately half way down the main entrance road. The visitor parking area is 

shown in the background. The entrance road starts at the top of the ridge and drops away 

towards the north to the parking area. The photographer is close to the entrance and the photo 

was taken facing north. 

Ill 

II I 

Affidavit of Katherine Armstrong Page 34 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 35 of 39
2 people e this 

me 

Duane Ehmer and my horse Hel!boy 

J 9 ~ 

• 

62. More photos accompanied the news article, including the one shown below, 

depicting EHMER on a horse, carrying a sidearm. This photograph has been confirmed by a 

Federal Wildlife Officer with the U.S. Fish and Wildlife Service to depict MNWR grounds. 

According to the Federal Wildlife Officer, judging by the size of the Refuge tower structure, the 

horse and rider are close to the base of the headquarters Refuge tower. 

Affidavit of Katherine Armstrong Page 35 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 36 of 39
63. On January 10, 2016, EHMER posted a photo with the caption "up in the tower," 

shown below. A Federal Wildlife Officer with the U.S. Fish and Wildlife Service confirmed the 

photo appears to be taken from the MNWR's headquarter tower, looking SISE. 

64. EHMER updated his status on Facebook on January 13, 2016. It stated "And 

people wonder why lam [sic] in a guard tower in burns standoff protecting our American 

neighbors." 

Affidavit of Katherine Armstrong Page 36 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 37 of 39
ANDERSON 

65. On January 5, 2016, a video titled "Breaking patriots liberate wild life refugee 

[sic]" was posted to an individual's Facebook page. The below photo is a screen shot from that 

video. A Federal Wildlife Officer with the U.S. Fish and Wildlife Service confirmed the photo 

was taken at the main entrance to the MNWR. The sign covered by the American flag in the 

background is the main Refuge entrance sign, identified by the stone base of the sign and 

partially visible blue goose on the sign. The individuals appear to be standing on the western 

facing side of the sign. ANDERSON is wearing a camouflage jacket and holding a long gun. 

Also in the photograph are Finicum, A. Bundy, and Ritzheimer. 

66. On January 3, 2016, ANDERSON was photographed by a national news reporter 

standing outside the Refuge. A Federal Wildlife Officer with the U.S. Fish and Wildlife Service 

confirmed the photo appears to depict a Refuge vehicle blocking the area where a cable gate can 

be installed in a fence line to close the main Refuge headquarter's entrance. The photographer is 

shooting towards the N/NW and the entrance road is visible as it descends down the hill. 

Affidavit of Katherine Armstrong Page 37 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 38 of 39
67. In addition to social media posts made by individuals noted above, multiple news 

reports, interviews, and videos have reported or shown the occupiers of the MNWR to be armed 

with pistols and long guns. 

Conclusion 

68. This affidavit and the requested arrest warrants were all reviewed by two 

Assistant United States Attorneys (AUSAs) prior to being submitted to the Court. The AUSAs 

informed me that in their opinion, the affidavit is legally and factually sufficient to establish 

probable cause to support the issuance of the requested warrants. I respectfully request the Court 

to authorize the proposed arrest warrants based on this complaint. 

Affidavit of Katherine Armstrong 

THElf()N~E~TACIEF.BECKERMAN 

U.S. Magistrate Judge, District of Oregon 

Page 38 

Case 3:16-mj-00006 Document 1 Filed 01/28/16 Page 39 of 39