Now, when I said that I was taking a chance, it appears that the BLM, at least in Nevada, can wait two years to press charges for alleged crimes

The Bundy Affair – #12 Dave Bundy’s Two Citations

As mentioned in “Violence Begets Non-Violence”, Dave Bundy was arrested, taken to Las Vegas, spent the night, never saw a judge, and was cited for Failure to Disperse and Resisting Arrest. Then, he was released onto the streets of Las Vegas, over 80 miles from the Ranch, with no cash in his pocket. At the time that article was written, I was waiting on copies of the citations, to see what light they might shed on the incident. So, now we have the citations, and there are some interesting aspects to them.

First, in the “Place of Offense” box, both citations say “BLM lands on or near SR 170”. Now, if it was on SR 170, it is a state road, so we must wonder where the BLM presumes it has jurisdiction.  I haven’t contacted the Nevada Department of Transportation to determine the actual Right-of-Way (R/W) width of SR 170, however, in measuring the width between fence lines along the roadway, it appears that the R/W width is 66 feet (a common width for older roads). The pavement measures about 26 feet. So there is State Road R/W for about 20 feet off of the edge of the pavement. If Dave was “on” or “near” the State Road, he was probably on state land, not on federal land. So, we must wonder why the BLM can presume to have jurisdiction, first to tell anybody on the road to “Disperse”, and second, to presume the authority to arrest them.

The “regulation” cited is being 43 CFR 8365.1-4 (a):

(a) No person shall cause a public disturbance or create a risk to other persons on public lands by engaging in activities which include, but are not limited to, the following:

Now, that does say “public lands”, which would give them jurisdiction if Dave was not “on” or “near” SR 170, but the citation clearly says “on or near SR 170”, instead, on “public lands”. So, it is probably safe to assume that the double-speak is a CYA (cover your backside) to have an appearance of legitimacy.

Next, we can look at the specific charges, the “Failure to Disperse” being 43 CFR 8365.1-4 (a)(3):

  (a)(3) Refusing to disperse, when directed to do so by an authorized officer;

Now this requires an “authorized officer”. We will get to that point, shortly. However, if we assume that any agent is an “authorized officer”, are we also to assume that he does not have to have cause — that he can simply tell someone to “disperse” because that someone was taking his picture?

The second citation is for 43 CFR 8365.1-4 (a)(4):

  (a)(4) Resisting arrest or issuance of citation by an authorized officer engaged in performance of official duties; interfering with any Bureau of Land Management employee or volunteer engaged in performance of official duties;

Starting at the back and working forward, the BLM vehicles were leaving the Gold Butte area. They were driving their vehicles. So, how can taking pictures constitute “interfering with… engaged in performance of official duties”? Was it the agent’s “official duty” to get out of his vehicle and tell someone standing on, or near, a public road, that he is resisting arrest? That leaves the broader question as to whether Dave Bundy resisted arrest or the issuance of a citation.  Well, he was arrested, but it appears, as we shall see, that it was, at best, a matter warranting nothing more than a citation.

Now, the event on the ground occurred sometime around or shortly after 1:30 PM (1330). The citation was issued at 4:19 PM (1609).  Since Dave signed the citation, it must have been “presented” to him over two hours after the incident on SR 170. That is plenty of time to get to Las Vegas, just 80 miles down Interstate Highway 15. So, though I haven’t been able to speak with Dave, presumably he received the citation shortly after he arrived in Las Vegas – not where the incident occurred

But, there is another problem. The issuing officer, Officer No. 22, C. Allen, is not among the 195 agents assigned to the “Gold Butte Impound” operations plan. However, we know that Lisa Wilson was the one that questioned Dave on the way to Las Vegas, and she is a member of the Gold Butte Impound team. Perhaps she is either not “an authorized officer”, in which case, she had to get C. Allen to issue the citation, or is just plain lazy and got C. Allen to issue it for her. However, if she is not authorized to issue a citation, then is she authorized to make an arrest? And, if so, was she authorized to order Dave to disperse?

Officer C. Allen, not being a member of the team, probably works out of, and was in Las Vegas during this entire episode. And, since the Constitution guarantees us the right to meet our accuser, is Lisa Wilson, or C. Allen, or perhaps some other agent that is a member of the Gold Butte Impound team, the accuser? This creates a bit of a quandary.  If you have ever gotten a citation, you see the accuser and even watch him write up the citation. But, then, the government is very good at creating quandaries for law abiding citizens.

Now, believe it or not, this entire discussion is moot, at least from the legal standpoint. The citations don’t provide for a fine. Instead, they require an appearance in court. However, in the “Court Address”, “To be notified” is written in. Now, I may be out of line here, but I will take that chance. Presumably, the government had no case, at all, against Dave Bundy. They were simply acting out their role as arrogant thugs, and that you should do whatever they say — or else. Dave Bundy got the “or else”, and he also has two souvenirs of the encounter.

Now, when I said that I was taking a chance, it appears that the BLM, at least in Nevada, can wait two years to press charges for alleged crimes.  I suppose it is possible that they will add an additional Count to the Superseding Indictment – Count Seventeen; Dave Bundy, Failure to Disperse and Resisting Arrest, in violation of 43 CFR 8365.1-4 (a)(3) and (a)(4).