Ryan Payne, a pivotal "architect'' of the Oregon refuge occupation who used his military experience to lend credence to the takeover and help fortify the federal wildlife sanctuary in 2016, was sentenced Tuesday to three years and a month in prison.
Payne was the most culpable of the defendants convicted in the armed takeover of the Malheur National Wildlife Refuge and deserved a nearly three-and-a-half year prison term, Assistant U.S. Attorney Geoffrey Barrow argued. Such a sentence would send a message not only to him but to "the Patriot community'' that armed conflict with the federal government results in serious punishment, he said.
Oregon Federal Public Defender Lisa Hay, who represented Payne, countered that her client's mindset has changed over the two years he's been in custody, that he's remorseful and recognized his "misplaced path.'' She sought a two-year sentence, essentially the time's he's already served, saying it would allow him to get the treatment he needs for a productive life. He'd like to return to Montana and someday start a ranch for troubled teens and veterans, Hay said.
In a three-page, handwritten apology to the court, Payne, 34, wrote of his complete humiliation, acceptance of responsibility, recognition of the court's authority, and his estrangement from friends, close family members and former U.S. army colleagues as a result of his actions. He described himself as the law's "meanest vagrant: a forever criminal, in the land I sought to defend.''
Document: Payne's apology letter
Payne, wearing standard blue jail scrubs, stood before U.S. District Judge Anna J. Brown and read from a prepared statement on lined yellow paper. He apologized, disavowed his past allegiance to militia and said his days of political activism are over.
"My apology first to those whose lives were disrupted by my actions,'' Payne said, adding that he recognized the emotional distress he caused to federal employees who worked at the federal refuge and the residents of Harney County.
"I would like to apologize generally to the American people,'' Payne continued. "My militia ties and former sentiments are severed. I accept the authority of this court. ... I am aware of the severity of my words and actions.''
The judge said she had a hard time believing that Payne had truly reformed his character and beliefs, particularly after she saw the photos he posted to Facebook in December, posing with co-defendants Ammon Bundy and Jon Ritzheimer at the Toquop Wash near Bunkerville, Nevada, and at the Bundy Ranch. The pictures were taken after his December release from custody in Las Vegas as his Nevada prosecution fell apart. His immediate contact outside of court with Bundy and Ritzheimer violated the conditions of his release.
"It was as if you were celebrating of course the win, but in a way that once again thumbed your nose, I'll say politely, to the rule of law and to the Constitution,'' Brown said. "The grin on your face at the Bundy Ranch. The big smiles ... photo with Ammon Bundy. Those convey something different from a disavowal of your associations.''
Facebook photo of Ryan Payne with Oregon refuge occupier Jon Ritzheimer in late December that concerned a federal pretrial services officer. They're standing at the Toquop Wash near Bunkerville, where a 2014 armed standoff with federal rangers occurred. (Screenshots from Facebook that were shared with U.S. District Judge Anna J. Brown) Payne's actions were "thoughtless and wrong'' but "not as egregious a violation'' as some, his lawyer argued.
Brown called it "hubris.''
Payne had previously served as "militia coordinator'' for the Bundy family in April 2014 to help thwart the court-ordered federal roundup of cattle belonging to Cliven Bundy for his failure to renew a grazing permit and pay grazing fees and fines for two decades. The federal prosecution of Payne in Nevada was dismissed with prejudice last month because of prosecutors' misconduct.
The judge also said she was troubled by Payne's "very alarming history'' with militia networks, particularly with Operation Mutual Defense that he co-founded. Prosecutors released a 91-page transcript of Operation Mutual Defense's weekly board meetings from October, November and December 2015, the months preceding the refuge seizure. The board spoke of potential missions, including intervening in the resettling of refugees in Montana, seizing the Harney County courthouse or attempting to free a federal inmate by staging a "dynamic entry'' into a prison by shielding militiamen with protesters.
The judge said the recorded remarks "are simply incredulous.''
"If they weren't so frightening, they'd be ridiculous,'' Brown said.
Hay acknowledged the recorded statements are frightening but argued they're protected by the First Amendment and were "more musings rather than plans.''
Payne's lawyer urged the judge to consider his two tours of combat in Iraq, his post-traumatic stress disorder suffered from his military service and his immediate surrender to the FBI and state police when authorities stopped the occupation leaders on U.S. 395 on Jan. 26, 2016, as they were driving to a community meeting in John Day.
Clinical psychologist Suzanne Best, hired by the defense, testified that Payne was struggling to find his identity after his military service, where he had hoped to protect Iraqi citizens but instead returned a "trained killer.'' He found meaning in the U.S. Constitution, the Bible and religion, she said. The psychologist read some of Payne's statements to her, including one in which he referred to his role in the Malheur occupation as "his most recent service.''
Payne's intent at the refuge wasn't to cause harm but to protect the refuge occupiers, Hay told the court. He organized guard duty and provided target shooting practice to keep the occupiers busy, she said.
"He believed he was doing the right thing,'' Hay said. "He was motivated by an ideal, which we accept is not the right ideal.''
Brown said she struggled to understand Payne and whether his and his lawyers' assurances that his thinking has evolved were legitimate.
"You served your country and come back and take up arms against the United States,'' the judge said. "It's complicated. You're complicated.''
But Brown said there was no doubt Payne, from the months preceding the refuge takeover, was involved in the "intimate planning that went into this really unheard of event.''
The judge decided to sentence Payne to the low end of the sentencing range determined, which ran from 37 to 46 months, as she had with co-defendants in the case.
Payne had pleaded guilty to conspiring to impede federal employees at the refuge through intimidation, threat or force. Under the plea deal, Payne received less time for accepting responsibility, though the judge questioned if that was warranted, considering he had attempted to withdraw his guilty plea. He received enhancements for serving as a leader of the occupation and for a crime that intended to influence the government through intimidation or threat. The judge made it clear that he was not being sentenced for any terrorism offense.
Payne will get credit for time served and face three years of post-prison supervision. He also faces a $10,000 restitution payment. The judge ordered Payne not to have any associations or contact with co-defendants in the Oregon refuge case, the Nevada prosecution, nor with board members of Operation Mutual Defense. He can't possess a firearm.
"I understand,'' Payne said.
Payne told the court he wants nothing more than to return to his fiancee, children and family and "live a life worthy of the Lord.''
"Good luck to you,'' Brown told him.
Payne bowed his head toward the judge, turned back and smiled at his mother and fiancee and was led out of the courtroom.
-- Maxine Bernstein
mbernstein@oregonian.com
503-221-8212
@maxoregonian