declaration of katherine d. armstrong exhibit a page 1 complaint

Declaration of Katherine D. Armstrong EXHIBIT A PAGE 1 Complaint In Rem FOR FORFEITURE

DECLARATION OF SPECIAL AGENT KATHERINE D. ARMSTRONG

I, Katherine D. Armstrong, do hereby declare:

Training and Experience

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

have been so employed for approximately two (2) 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.

2. 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

by 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-a-half

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 admitted

to practice law since October 2010.

Purpose of Declaration and Background of the Investigation

3. This declaration is made in support of the Complaint in rem for the forfeiture

of 50 firearms and assorted ammunition described below. The facts set forth in this

Case 3:16-cv-01057-MA Document 1-1 Filed 06/10/16 of 35


declaration are based on the following: my own personal knowledge; knowledge

obtained from other individuals during my participation in this investigation,

including other law enforcement officers; my review of records related to this

investigation; communications with others who have knowledge of the events and

circumstances described herein; and information gained through my training and

experience. Because this declaration is submitted for the limited purpose of

establishing probable cause in support of the forfeiture of the defendants in rem, it

does not set forth each and every fact that I or others have learned during the

course of this investigation.

4. Federal law provides that it is unlawful under 18 U.S.C. § 372 to conspire to

impede officers of the United States from discharging their duties by force,

intimidation, or threat. Under 18 U.S.C. § 924(d), any firearm or ammunition

involved in or used in any violation of any criminal law of the United States is

subject to seizure and forfeiture. As described below, each of the defendants, in

rem, was involved in or used in a conspiracy to impede officers of the United States,

in knowing and willful violation of 18 U.S.C. § 372, and is therefore forfeitable to

the United States pursuant to 18 U.S.C. § 924(d).

5. On January 2, 2016, several hundred unidentified individuals participated in

a protest in Burns, Oregon, related to the resentencing of local ranchers Steven and

Dwight Hammond following their criminal convictions by a jury. Following the

protest, certain now-indicted conspirators entered the Malheur National Wildlife

Refuge (MNWR), blocked the entrance, and began an unlawful armed occupation of



several buildings within the MNWR. The MNWR and all buildings located thereon

are federal property and facilities located in Harney County in the District of

Oregon. The armed occupation of the MNWR was continuous and ongoing from

January 2, 2016, until the occupation ended in the morning hours of February 11,

2016.

6. At the time of the takeover of MNWR, those involved in the initial entry and

occupation (occupiers) carried out the initial clearing of buildings on MNWR while

most were armed with rifles. The individuals cleared the buildings in a tactical

manner while armed. Occupiers also moved MNWR vehicles into positions that

blocked entrances to the MNWR. Occupiers moved heavy equipment in front of at

least one entrance to the MNWR as well.

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

Service (USFWS). As a result of the armed occupation of the MNWR by the known

conspirators and others, employees of the USFWS who work at the MNWR were

prevented from reporting to work during the occupation 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 before the armed takeover and

works in the visitor center. The MNWR was closed on January 2, 2016, and portions

of the facility that occupiers used remain closed to the public as of the date of this

declaration. Employees were allowed to return to work at the MNWR on or about

February 29, 2016.



8. Due to the presence of armed individuals occupying MNWR, and also upon

learning that some of the occupiers’ supporters were still in the Burns area, the

Bureau of Land Management (BLM) made the decision to close the Burns District

Office, located at 28910 Highway 20 West, Hines, Oregon, 97738. The BLM office

was closed during the entire time the MNWR was unlawfully occupied. This action

was taken out of concern for the safety of the approximately 80 employees who work

there.

9. Throughout the armed occupation, many occupiers were photographed by

local, state, and national news media outlets carrying guns on their person.

Occupiers were photographed carrying both long guns and pistols in clearly visible

holsters. The carrying of these weapons was intended as a show of force and

intimidation.

10. Individuals who participated in the armed occupation of MNWR made

statements concerning the possession of firearms --- including the need for

additional firearms to be brought by additional supporters to MNWR --- so that the

demands they made would be taken seriously, so they could defend themselves if

law enforcement officers engaged with them, and because they were conducting

security patrols of MNWR. Additionally, several armed occupiers stated they would

not leave without their demands being met, and were willing to die at MNWR. For

example, occupier Jon Ritzheimer stated on several social media websites that he

would not be arrested and, “I want to die a free man.” Ritzheimer made further

video-taped statements such as “I am one hundred percent willing to lay my life



down to fight against tyranny in this country,” and while addressing his family, said

that no matter what, “just know that I stood for something, don’t let it be in vain.”

Occupiers Blaine Cooper and Jon Ritzheimer posted a video to YouTube on January

4, 2016. In the video, Ritzheimer stated, “we need you to get here and stand with us.

More than anything. … Whether you are armed or unarmed, you get up here.”

11. In public meetings preceding the takeover, both Ryan Payne and Ammon

Bundy, characterized by other occupiers as leaders in the armed occupation, stated

that the intent of their effort was to remove the federal government from Harney

County and to prevent the Hammonds from spending one more night in jail. During

the first few days of the armed occupation, indicted co-conspirator Pete Santilli used

his YouTube Channel to provide live-stream coverage of the events in Burns,

Oregon. During one of these live-stream sessions late at night on January 5, 2016,

Joseph O’Shaughnessy was interviewed and stated, “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…”

12. During an interview on a national news morning show, which was filmed

during the occupation, Ammon Bundy stated the occupiers were armed because “We

are serious about being here. We’re serious about defending our rights, and we are

serious about getting some things straightened out.” When asked if he anticipated

the occupation would lead to violence, Bundy responded, “Only if the government

wants to take it there.”



13. On January 5, 2016, in a video taken by indicted co-conspirator Pete Santilli

and posted to YouTube, Jon Ritzheimer stated, “last word we got is they’re headed

out here,” in reference to the belief the armed occupiers held, that they were going

to be raided by the federal government. Ritzheimer goes on to state, “they’re headed

out here, uh, so we are trying to plan and maintain a defensive posture.” In the

video, Ritzheimer can be seen carrying what appears to be, based on my training,

experience, and knowledge of firearms, an AR-15 style rifle with a sling.

14. The armed occupiers would often hold press briefings on MNWR grounds.

During a press briefing videotaped on January 3, 2016, Ammon Bundy stated, “We

are calling people to come out here and stand,” and “We need you to bring your

arms and we need you to come to the Malheur National Wildlife Refuge.” At one

point during the armed occupation, environmental activists attended to hold

counter protests. During one of these press briefings and counter protests, an

environmental activist was accused by indicted co-conspirator Pete Santilli of being

an undercover FBI agent. I reviewed an interview of the activist accused of being an

undercover agent, and learned that when the accusation was levied, the crowd

became ugly, at which point the activist and a friend who also attended left the

scene as they feared for their safety.

15. According to numerous reports and interviews I read concerning this matter,

armed occupiers conducted security patrols and performed guard duty both in a

watchtower overseeing the MNWR and at front and back entrances to the MNWR.

Patrol and guard duties typically required occupiers to carry either a sidearm or



have access to a long gun. Ryan Payne, along with other unknown unindicted co-

conspirators, provided guidance to other occupiers concerning tactics, and occupiers

were placed into “teams” to split up guard shift and patrol duties. When not on

duty, some teams would practice patrol movements. There was firearm training at

the refuge as well, though not all occupiers participated.

16. 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. Shots

were fired during the arrest, and LaVoy Finicum was killed. Ryan Bundy was

injured. The following individuals were taken into custody: Ammon Bundy, Ryan

Payne, Ryan Bundy, Brian Cavalier, and Shawna Cox. During separate events in

the evening of January 26, 2016, Joseph O’Shaughnessy and Peter Santilli were

taken into custody as well. Jon Ritzheimer was taken into custody in Arizona on the

same day.

17. On January 26, 2016, Ammon Bundy, Ritzheimer, O’Shaughnessy, Payne,

Ryan Bundy, Cavalier, 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.

18. On January 28, 2016, Duane Ehmer, Dylan Anderson, and Jason Patrick

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.

19. As described above, the individuals initially charged by criminal complaint

and later indicted by a grand jury, most of whom were armed, worked together with

many additional unindicted actors, both known and unknown, to control federal

property while refusing to leave, intending to impede and prevent by force the

federal officials who worked on and used that property from performing their official

duties. The use and display of firearms was integral to this conspiracy.

Seized Firearms and Ammunition Subject to Forfeiture

20. After the death of Finicum and arrest of Ammon Bundy and other leaders of

the occupation on January 26, 2016, remaining occupiers of MNWR began to leave

the refuge. By the early morning hours of January 27, 2016, law enforcement

officers had established a series of checkpoints at major roads in and out of MNWR.

Prior to the checkpoints being established, several vehicles left the refuge. Some of

these occupiers may have left with weapons, as they left prior to a later law

enforcement instruction to occupiers to leave MNWR without their weapons.

21. Several occupiers refused to leave MNWR grounds by January 28, and

established an encampment area outside on the west side of MNWR. These

individuals engaged in lengthy negotiations with FBI. As mentioned above, it was

communicated to these final occupiers that they were to leave MNWR without their

weapons.



22. The occupations ended on February 11, 2016 when the last occupier, David

Fry, surrendered to FBI agents at MNWR.

23. A search of MNWR commenced on February 12, 2016 at approximately 8:00

a.m. The search ended on February 23, 2016 at approximately 2:38 p.m. Consent to

search all MNWR facilities and property was given by Federal Wildlife Officer John

Megan.

24. Throughout the armed occupation, occupiers were seen driving government

vehicles. These vehicles were also searched by FBI agents. Consent to search those

vehicles was also given by Federal Wildlife Officer John Megan.

25. During the search of MNWR facilities and property, 14 privately owned

vehicles were determined to be present on MWNR property. On February 19, 2016,

a search warrant was signed and agents began to search those vehicles.

26. In all, a total of 23 structures, nine (9) exterior locations, 14 privately-owned

vehicles, and numerous government-owned vehicles were searched.

27. During the search, the following ammunition was seized from the MNWR

guard tower (Building 21):

Item Group No. Item Description 33 One (1) round of ammunition with “04, 75” markings

28. The following ammunition was seized from the RV Park Day Room (Building

15):

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Item Group No. Item Description 34 Sixteen (16) .223 caliber ammunition rounds, packaged in

container found separately

35 Two (2) magazines each with large caliber bullets, no serial number visible

36 One (1) box of Remington brand buckshot, 12-gauge, containing (5) shotshells

29. The following ammunition was seized from the three-bedroom bunkhouse

(Building 17) located on MNWR:

Item Group No. Item Description 37 One (1) unspent rifle ammunition round, 7.62 x 54

38 One (1) unspent rifle ammunition round, 7.62 x 54

39 One (1) box of “Red Army Standard” 7.62 x 54R cartridges,

containing nineteen (19) unspent cartridges

40 One (1) box of “Red Army Standard” 7.62 x 54R cartridges, contains six (6) unspent cartridges

41 Three (3) boxes of “ZQ Ammunition”, 7.62 x 51mm rifle cartridges, with two (2) full boxes containing twenty (20) rounds and one (1) box containing four (4) rounds, all unspent

42 Thirty-five (35) rifle rounds, unspent, unknown caliber

43 One (1) unspent 7.62 x 54 ammunition round

44 One (1) Smith & Wesson .40 caliber ammunition round

45 One (1) full box of “AR Tactical” “22 Long Rifle” .22 caliber ammunition rounds



30. The following ammunition was seized from the maintenance shop (Building

12) located on MNWR:

Item Group No. Item Description 46 Forty-one (41) unspent rifle rounds, .223 caliber

47 One (1) unspent rifle round, .223 caliber


49 One (1) 12-gauge shotgun shell, red and gold in color



52 One (1) rifle magazine

31. The following ammunition was seized from the new fire shop (Building 19)

located on MNWR:

Item Group No. Item Description 53 Three (3) magazines containing ammunition

54 Four (4) shotgun shells

55 Six (6) shotgun shells

56 One (1) 7.62 round

57 One (1) loaded magazine

32. The armed occupiers who stayed on the refuge after January 28, 2016,

created an outdoor encampment on the west side of MNWR. The encampment was

located adjacent to a trench and when searched between the dates of February 15



and February 19, 2016, contained abandoned property, government-owned vehicles,

and privately-owned vehicles. The following firearms and ammunition were seized

from the west encampment:

Item Group No. Item Description 58 Defense Procurement Manufacturing Services (DPMS), model

Panther, .223 caliber, serial number FH218222, with shoulder stock, strap, bipod, tactical grip and Vortex Strikefire scope

59 Anderson Manufacturing, model AM15, multi-caliber, serial number 15120075, with shoulder stock and sight

60 Remington Arms Company, Inc., model 740, serial number 18173, with strap

61 Tula (Russian) rifle, model SKS, .762 caliber, serial number 255, with attached bayonet

62 Izhmash (IMEZ) - RA, model Saiga, .223 caliber, serial number H09163414

63 “The Rifle Specialist”, model PRS-15, 5.56mm, serial number PRS 10001112, with scope

64 Smith & Wesson, model 10, .38 caliber, serial number D320584

65 Hi-Point, model C9, 9mm pistol, serial number P1301748

66 One (1) white cardboard box sealed and said to contain 250 12- gauge shotgun shells

67 One (1) white cardboard box sealed and said to contain 1,000 5.56mm cartridges

68 One (1) green plastic Cabelas-brand ammunition box sealed and said to contain 900 7.62mm cartridges

69 One (1) green metal ammunition box sealed and said to contain 100 30-30 cartridges



70 One (1) green plastic ammunition box sealed and said to contain 670 5.56 cartridges

71 Ammunition described as: “10 shotgun shells; Excess of 350 7.62x39 cartridges”

72 Ammunition described as: 20 - 22.250 Rem; 27-7.62x39, 700 - .22; 8 - 30-30; 40 - 7.62x54; 40 - 45 Auto; 48-9mm

73 Ninety (90) shotgun shells, three (3) .223 cartridges, one (1) .45 auto cartridge, and one (1) 30-30

74 Twenty-seven (27) .223 cartridges

75 Two (2) magazines with cartridges

76 Seven (7) 7.62x39 cartridges

77 Six (6) 6.38 caliber cartridges

78 One (1) magazine containing forty-five (45) 5.56 cartridges

79 One (1) magazine and seventeen (17) cartridges

80 Three (3) magazines (empty) and 156 live rounds, 9mm Luger

81 Two (2) magazines and fifty-nine (59) cartridges

82 Two (2) magazines containing 5.56 mm cartridges

83 One (1) magazine containing cartridges

84 Cartridges: Ten (10) 30-06, seventy-six (76) 300 Winchester and ninety-six (96) 7.62

85 Sun City Machinery Co., 12-gauge shotgun, model Stevens 320, serial number 134744C

86 Tennessee Arms, model TNARMS-15, 556 NATO caliber, serial number 1527410852, with shoulder stock

87 Amadeo Rossi, model type not provided, 38 special, serial number D254978



88 Benelli, model Nova, 12-gauge, serial number Z492773, with strap

89 Smith & Wesson, model 686, .357 caliber, serial number AWT7091

90 Sig Sauer, model P220, .45 caliber, serial number G171401

91 Remington Arms Company, model 783, .308 caliber, serial number RM93637F, with strap, scope, and bipod

92 Sturm Ruger, model Mini 14, 5.56 NATO caliber, serial number 583-11135, with shoulder stock

93 Ruger, model Mini 14, .223 caliber, serial number 187-05936, with strap bearing the name “Sage”

94 Winchester 12-gauge shotgun, model 1300 Defender, serial number L3624942, with external shotgun shell holder

95 Mossberg, model 500A, 12-gauge, serial number U348536

96 Taurus, model PT740 Slim, .40 caliber, serial number SGT34329

97 Jimenz Arms, model J.A. 380, .380 caliber, serial number 093877

98 Five (5) shotgun shells

99 One (1) magazine containing Remington .223 caliber rounds and one (1) loose, .223 caliber round

100 Five (5) .38 Special rounds

101 One (1) Tapco magazine containing 7.62 rounds

102 Five (5) shotgun shells

103 Six (6) .357 caliber rounds

104 Three (3) magazines containing .45 caliber rounds and one (1) loose, .45 caliber round



105 One (1) magazine containing .308 caliber rounds and one (1) loose, .308 caliber round

106 Two (2) magazine containing .223 caliber rounds

107 One (1) magazine containing .223 caliber rounds

108 One (1) magazine containing .223 caliber rounds and one (1) loose, .223 caliber round

109 Fourteen (14) shotgun shells

110 One (1) magazine containing 40 caliber rounds

111 One (1) magazine containing 380 rounds

112 One (1) white cardboard box sealed and said to contain: 50 (fifty) 12-gauge shells; 15 (fifteen) .308 rounds; 300 (three hundred) rounds Remington 22 Thunderbolt; 500 (five hundred) .223 rounds contained in 8 (eight) magazines; 200 (two hundred) .45 rounds in one (1) blue bag; 25 (twenty-five) .40 rounds in one (1) blue bag; 25 (twenty-five) 9mm rounds contained in 3 (three) magazines

113 Ammunition described as: 6 - 12-gauge shotgun shells; 4 - 7.62 cartridges; and 2 - .45 caliber cartridges

114 Sturm Ruger, model Mini 14 Ranch Rifle, .223 rem caliber, serial number 197-14924, with strap and scope

115 Hi-Point, model C9, 9mm, serial number P1668416

116 Remington, model 870 Express Magnum, 12-gauge, serial number A369528M

117 Ruger, model Single Six, .22 caliber, serial number 268-20582

118 Ruger, model Speed Six, .357 caliber, serial number 162-20762

119 Tula Russian SKS rifle, 7.62x39mm, “Made in Russia” - Imported Vermont, serial number 3K8550



120 IMBEL/Springfield Armory, model 1911A1, .45 caliber, serial number N523326

121 Rifle, Manufacturer Yugoslavia, model 59/66A1, .762 caliber, serial number G200828, with strap, flashlight, and bipod

122 Harrington & Richardson/New England Firearms Gardner, 12-gauge, serial number NK268865, with strap

123 Steyr, (Importer PW Arms), “Made in Russia”, model unknown, 30 7.62 x 54R caliber, serial number RMN0126828, with strap

124 Savage Arms, model 116, .300 Winchester Magnum caliber, serial number H585352, with scope

125 Winchester, model 94A, .30 Winchester caliber, serial number 5311759

126 One (1) white cardboard box sealed and said to contain: 900 (nine hundred) .223 cartridges; 500 (five hundred) .45 caliber rounds; 400 (four hundred) 7.62 caliber rounds; 250 (two hundred-fifty) 9mm rounds; 50 (fifty) .22 caliber rounds; 50 (fifty) .357 caliber rounds

127 One (1) white cardboard box sealed and said to contain: 150 (one hundred-fifty) .223 rounds; 50 (fifty) 22-250 rounds; 50 (fifty) .357 rounds; 60 (sixty) 7.62 rounds; 25 (twenty-five) 30-30 rounds; 25 (twenty-five) .38 rounds; 15 (fifteen) .45 rounds

128 One (1) 12-gauge shotgun shell

129 Nine (9) shotgun shells

130 Six (6) .22 caliber cartridges

131 Five (5) cartridges

132 Seven (7) 30.30 cartridges

133 Two (2) magazines containing 45 caliber cartridges



134 Two (2) magazines containing .223 cartridges

135 One (1) magazine containing thirty-nine (39) 7.62 cartridges

33. In addition to creating encampments, the armed occupiers dug several

trenches. Investigators referred to these trenches in reports as Trench 1, Trench 2,

and Trench 3. Trench 1 was located on the west side of MNWR, adjacent to the west

encampment and MNWR parking lot. Trench 2 was located adjacent to the guard

tower. Trench 3 was determined to primarily be a garbage pit, located in the

proximity of MNWR RV pads, adjacent to a large gravel pile and MNWR burn area.

The following ammunition was seized from Trench 2:

Item Group No. Item Description 136 One (1) rifle round, type not provided

137 One (1) shotgun shell

138 One (1) shotgun shell

34. The following ammunition was seized from a fire truck located near the east

blockade on MNWR:

Item Group No. Item Description 139 One (1) rifle magazine

35. The following ammunition was seized from the fire bunkhouse (Building 20)

on MNWR:

Item Group No. Item Description 140 Two (2) rounds of 7.62 x 39 Tulammo (live)



141 One (1) round of 7.62 x 39 Tulammo (live)

142 One (1) 12-gauge made in USA black color shotgun shell (live)

143 Twenty-Three (23) rounds of Fiocci USA 223 Remington (live)

144 One (1) pistol magazine with thirty (30) round capacity, black in color; loaded with unknown number of live ammunition with red tip

145 Seven (7) rounds LC15 greentip

146 Two (2) bullets [one (1) LC14 + one (1) LC08]

147 One (1) round 22 Hornet (live)

148 Three (3) rounds 7.62 x 39 (live)

149 Three (3) bullets LC14

150 One (1) 10 x bullet holder GGG Assy 11010483

151 One (1) bullet LC15 (live)

152 One (1) White Centurio 2 3/4" 12-gauge shotgun shell

153 One (1) bullet “Hornady” 223 REM broken tip

154 One (1) 2 x bullet holder GGGASSY 11010483

155 One (1) blank bullet, Shelton LPS 845LC

156 One (1) bullet RP 38 SPL

157 One (1) Mech-gar 18-round magazine with 18 rounds –“Beretta” written on it

158 One (1) bullet LC14

159 One (1) round of Winchester 45 auto ammunition

160 One (1) Live “FC1614” round of ammunition



161 One (1) shotgun shell, “00 Buck”

162 One (1) box of “Remington 308 WIN x twenty (20) live rounds of ammunition”

163 Five (5) live rounds of GFL 9 Corto 03 ammunition

164 Forty-one (41) live rounds of PPU 223 REM ammunition

165 Eight (8) Winchester 12-gauge shotgun shells: seven (7) buck and one (1) slug

166 Two (2) boxes of Federal 45 auto ammunition, 100 live rounds

167 Four (4) live rounds of ammunition: three (3) FC2414 and one (1) LC15

168 Two (2) live rounds: one (1) LC12 and one (1) .223 Remington

169 One (1) empty Glock 9mm thirty-one (31) round magazine with spring and bottom plate

170 One (1) round “OEV 02 M80 7.62” ammunition

171 One (1) live round of Remington ammunition

172 Two (2) live Winchester 12-gauge shotgun shells, red in color

173 One (1) live round of FC 308 Winchester ammunition

174 Two (2) live rounds of ammunition: one (1) FC1614 and one (1) FC0714

175 One (1) live round of Winchester 9mm Luger ammunition

176 One (1) live round of LC15 ammunition

177 One (1) live round of “b x n 54” ammunition



36. The following ammunition was seized from MNWR employee Carla

Burnside’s office (Building 7A) on MNWR. Ms. Burnside had not been in her office

since the occupation began and was present at the time of the search during which

the following items were seized, none of which belonged to her.

Item Group No. Item Description 178 One (1) unspent round of ammunition, caliber not visible

179 Five (5) .45 caliber ammunition rounds, unspent, found

together

180 Twenty-five (25) Winchester 12-gauge shotgun shells

181 Two (2) black magazines with “Gale Benson” scratched on bottoms, full of large ammunition rounds

182 Three (3) .45 caliber ammunition rounds, unspent

183 One (1) box of American Eagle brand 5.56 x 45 mm, green tipped, unspent ammunition rounds, box ripped with large quantity of rounds spilled on floor

184 Approximately eighty-four (84) unspent rifle ammunition rounds, with green tips found in gray bag

185 Twenty (20) .38 caliber ammunition rounds, unspent, found together inside white bottle

186 One (1) Sturm, Ruger & Company, Inc. magazine (empty), black in color, inside plastic bag and one (1) Ruger magazine (empty), black in color, inside original packaging

187 One (1) white container labeled “45 Auto”, full of unspent ammunition rounds

188 Five (5) boxes of Winchester 12-gauge shotgun shells, all boxes full



37. The following ammunition was seized from MNWR employee Linda Beck’s

office (Building 7B) on MNWR. Ms. Beck had not been in her office since the

occupation began. Ms. Beck assisted the evidence response teams in determining

what items were property of the MNWR. The following items were seized, none of

which belonged to Ms. Beck:

Item Group No. Item Description 189 Bulk live ammunition Wolf WPA .223 Remington

190 One (1) box .38 Special 147gr Total Metal Jacket and one (1)

loose round

191 .38 Special 158gr jacketed hollow point bullets

192 One (1) green box containing loose, 7.62 ammunition

193 Eight (8) .357 live rounds

194 .223 bullets in brown paper wrapping

195 Four (4) rounds of R-P .38 Special

196 Four (4) 12-gauge shotgun shells (3 green shells and 1 red shell)

197 Twenty (20) rounds CBC brass .357 Magnum

198 Thirty-four (34) boxes of 12-gauge 00 Buckshot shells and five (5) additional loose shells

199 Two (2) black metal ammunition magazines with bullets

200 One (1) box American Eagle 5.56 X .45mm grain Full Metal Jacket bullets

201 One (1) box .223 Remington HV 50GRS V-Max polymer tip bullets



202 One (1) black, high capacity magazine containing bullets

203 One (1) box .45 auto 230gr “FMJ Tul” ammunition

204 One (1) black, high capacity magazine containing bullets

205 One (1) bag of loose 9mm Luger bullets

206 One (1) .45 Colt WW bullet

207 One (1) box 12-gauge, 2 3/4 inch, 1 1/8 ounce, 8-shot, target load shotgun shells

208 One (1) partial box Hornady Zombie Max green tip 40 S&W 165gr bullets

209 Two (2) gray-colored metal ammunition magazines

210 Two (2) boxes MKE ZQ ammunition 7.62X51MM

211 Two (2) boxes Ultramax Remanufactured .223 Remington ammunition

212 One (1) box of Fiocchi ammunition 22-250 Remington and one (1) box of Remington High Performance Rifle 22-250 Remington ammunition

213 Four (4) boxes of Fiocitti ammunition .223 Remington, two (2) boxes Hornady ammunition .223 Remington, twelve (12) stripper clips containing .223 ammunition

214 One (1) box 12-gauge, 2 3/4 Dram Eq., 1 1/8 ounce, 8-shot Target Load, “Federal Ammunition”

215 One (1) Wolf .223 Remington live round

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38. The following ammunition was seized from the boat launch area at MNWR,

located approximately 1.5 miles northeast of the MNWR RV parking area:

Item Group No. Item Description 216 Seventeen (17) 7.62 caliber shell casings

217 Thirty (30) 7.62 caliber shell casings

218 Forty-two (42) 9mm caliber shell casings

219 Seven (7) .40 caliber shell casings

220 Ten (10) .45 caliber shell casings

221 One (1) live 7.62 caliber round

222 Ten (10) 7.62 caliber shell casings

223 Six (6) .308 caliber shell casings

224 Six (6) .223 caliber shell casings

225 Thirty-one (31) 9mm caliber shell casings

226 Thirty-four (34) .45 caliber shell casings

227 Five (5) 7.62 caliber shell casings

228 Sixty-eight (68) .223 caliber shell casings

229 One hundred fifty-eight (158) 9mm caliber shell casings

230 Thirty-eight (38) .40 caliber shell casings

231 Four (4) .45 caliber shell casings

232 Fourteen (14) 7.62 caliber shell casings

233 Seventy-six (76) 7.62 caliber shell casings

234 Six hundred eighty-four (684) .223 caliber shell casings

235 Thirty-eight (38) 9mm shell casings

236 Eighteen (18) .40 caliber shell casings

237 Sixteen (16) .45 caliber shell casings

238 Twenty-four (24) 7.62x39 shell casings

239 Three (3) live .223 rounds



240 Two hundred ninety-two (292) .223 shell casings

241 One green metal ammunition box with “KPK” inscribed on exterior, containing three hundred forty-two (342) rounds of .308 ammunition, and seven (7) “Pmag” clips and one magazine in packaging

39. The following ammunition was seized during a ground sweep of MNWR. It

was located near MNWR’s fence line near the field house, on both sides of the fence

line. The fence separated MNWR from a private residence, described as a one-story

green house with white external propane tank:

Item Group No. Item Description 242 Four (4) .223 caliber shell casings and two (2) 7.62 caliber shell

casings

40. The following ammunition was seized from the north side of the MNWR main

service road, adjacent to a heavy equipment storage area and two shipping

containers:

Item Group No. Item Description 243 One (1) .223 caliber shell casing

41. As mentioned above, during the search of MNWR facilities and property,

fourteen privately-owned vehicles were determined to be present on MNWR

property. On February 19, 2016, a search warrant was signed and agents began to

search those vehicles.

42. The following firearms and ammunition were seized from a Dodge Ram truck

with Texas license plate BMK2664, VIN 1D7HA8D432S243452:



Item Group No. Item Description 244 One (1) Intra-tech, model TEC-DC9, 9mm Luger pistol, serial

number D064235, with strap

245 One (1) metal ammunition box, army green in color, containing an excess of two hundred (200) rounds of 9mm ammunition

246 One (1) magazine containing 9mm live ammunition

43. The following ammunition was seized from a Chevrolet Silverado truck with

Arizona license plate CE82218, VIN 1GCHK23D77F165753:

Item Group No. Item Description 247 Seven (7) .223 caliber ammunition rounds, all unspent

248 One (1) army green metal canister with “Federal Ammunition”

label, containing 420 rounds of 5.56 x 45mm unspent ammunition

44. The following ammunition was seized from a Chrysler Town and Country

minivan with Utah license plate X186TL, VIN 2A4GP64L36R708639:

Item Group No. Item Description 249 One (1) .223 caliber ammunition, unspent

250 One (1) box of Remington pistol and revolver cartridges,

containing fifty (50) 9mm rounds

45. The following ammunition was seized from a Chevrolet Silverado Z71 4x4

pick-up truck with Montana license plate 307605A, VIN 1GC4K0C87BF126174:

Item Group No. Item Description 251 One (1) .45 caliber live ammunition

252 Fifty-Eight (58) spent .223 casings and one (1) spent 7.62, M80

casing



253 One (1) evidence sealed box said to contain one (1) green ammunition can with bag of rifle rounds marked “LC 13” on the headstamps

254 Seven (7) .223 rifle casings and two (2) MKE 14 casings

46. Just prior to the execution of search warrants at MNWR, on February 10,

2016, Jason Blomgren, an indicted co-conspirator who posted videos of himself at

MNWR with other occupiers and performing guard duty, was arrested in Mesquite,

Nevada. During a post-arrest interview, Blomgren stated that after Finicum was

killed, Blomgren was concerned the federal government would try to murder him.

To protect himself, he began to carry a Smith & Wesson .40 caliber pistol at all

times. Blomgren received the gun from a fellow occupier Nathan Pieters when they

were at MNWR. Blomgren met Pieters at MNWR. At the time of his arrest,

Blomgren was armed with a Smith & Wesson .40 caliber handgun. This was the

same gun Blomgren had received from Pieters. The following firearm and

ammunition were seized from Blomgren at the time of his arrest:

Item Group No. Item Description 255 One (1) Smith & Wesson .40 caliber pistol, model SD40VE,

serial number HER5993

256 Three (3) magazines each containing fourteen (14) rounds

47. Indicted co-conspirator Eric Flores was arrested on February 10, 2016, and

gave a post-arrest interview on February 11, 2016. Flores stated he brought almost

all of his guns to MNWR, including one CZ Rami .40 caliber pistol. Flores handed



out his weapons to other occupiers at MNWR. Flores gave fellow occupier Darryl

Thorn two weapons, a Ruger 5.56mm (AR-15) and his CZ Rami pistol. Flores

believed at the time of his arrest that Thorn was still in possession of his Ruger 5.56

and CZ Rami. Thorn wanted to keep them in the event somebody needed a weapon

to loan, or possibly buy.

48. On February 11, 2016, indicted co-conspirator Darryl Thorn was arrested in

the lobby of the Super 8 Motel located in Redmond, Oregon. Thorn had been

previously photographed at MNWR during the course of the armed occupation,

often armed with a rifle. Thorn had been shown performing guard tower duty in a

video produced by VICE News while the armed occupation was still ongoing. Upon

Thorn’s arrest, agents conducted a search of the hotel room he had been staying in

with his girlfriend. Thorn’s girlfriend rented the hotel room in her name. The

following firearm matching the description Flores gave of the pistol he gave Thorn

was seized from the hotel room:

Item Group No. Item Description 257 One (1) CZ-USA pistol, .40 caliber, model 2075, serial

number A751986

49. As mentioned above, on February 10, 2016, indicted co-conspirator Eric

Flores was arrested at his residence in Tulalip, Washington. Flores had been

previously photographed at MNWR carrying a rifle. Flores was also photographed

in the guard tower while the armed occupation was ongoing. Upon arrest, Flores

gave consent to seize several firearms in his possession. These firearms were

discovered in Flores’ bedroom. During a post-arrest interview, Flores admitted



travelling to MNWR multiple times and eventually bringing all his firearms with

him to MNWR except for an SKS rifle. Flores loaned out some of his firearms to

individuals occupying MNWR who did not have any. Flores was shown a

photograph taken on MNWR grounds during the armed occupation. Flores was

armed with an AR-15 pistol and Darryl Thorn was holding an AR-15 with drum

magazine. Flores identified himself and further advised the AR-15 pistol and drum

magazine shown in the photograph are the same ones agents retrieved from his

bedroom in his home with his consent following his arrest. Flores stated he, and

others, brought weapons to MNWR to protect themselves. The following firearms

and ammunition were seized from Flores’ home at the time of his arrest:

Item Group No. Item Description

258 One (1) Tennessee Arms Company AR-15 pistol, serial number 1426504512, with stabilizing brace, strap, backup sights, AR-15 upper receiver and barrel and loaded AR-15 drum magazine

259 One (1) Mossberg, model 930, 12-gauge shotgun, serial number AF128047

260 One (1) Norinco, SKS rifle, 7.62x39 caliber, serial number 25001594K, with bipod and one(1) loaded 7.62 caliber magazine

261 Six (6) shotgun shells and one (1) shotgun part

262 One (1) metal box with seven (7) boxes of 5.56 ammunition, each box containing three (3) 10-round clips

50. On February 18, 2016, agents received a firearm from Tulalip Tribal Police

Department. This firearm was seized by Tulalip Tribal Police Department from

Flores’ cousin by consent earlier that same day. This firearm was also taken to the



armed occupation at MNWR by Flores. During a post-arrest interview, Flores stated

he left three AR-15 rifles, a Saiga AK, and two pistols at the MNWR when he left

the refuge. Indicted co-conspirator Darryl Thorn brought one of the AR-15 rifles to

Flores after Thorn returned to Washington State. Flores gave that rifle to his

cousin Robert Joseph as a self-defense weapon. Flores frequently loans his firearms

to others. The following firearm was seized by the Tulalip Tribal Police Department

from Flores’ cousin:


263 AR-15 rifle with Tennessee Arms Company LLC lower receiver (multi-caliber) and Palmetto State Armory upper receiver (5.56), serial 1527410940

51. On February 11, 2016, Wesley Kjar, an indicted co-conspirator, was arrested

in Salt Lake City, Utah. Kjar was photographed at MNWR on January 6, 2016,

holding a rifle. In an article published on April 13, 2016 by VICE News, a reporter

writes he traveled from MNWR with Kjar and others, going to Utah and later

returning to MNWR to retrieve Kjar’s belongings before leaving again. The reporter

states Kjar collected his AR-15 from MNWR before leaving the second time. In the

same article, Kjar was photographed carrying a pistol in a holster on his hip,

standing in front of a building on MNWR grounds. Kjar also posted comments to his

Facebook page, including the statement that people needed to “come to Oregon and

stand for the Ranchers and citizens of Harney county.” On the day of his arrest, FBI

Special Agents conducted a vehicle search of a white Jeep Wrangler and grey race

trailer being towed by an army truck that was owned by Kjar. The following



firearms and ammunition were seized from the Jeep and grey trailer:

Item Group No. Item Description 264 One (1) I.O. Inc rifle, model Sporter 15, .223 caliber, serial

number ARI00418, with light, accessory sights and magpul grip

265 One (1) Ruger rifle, model 10/22 Takedown, .22 caliber, serial number 826-83980, with two (2) empty magazines contained in stock of rifle

266 One (1) Colt rifle, model SP1, .223 caliber, serial number SP29206, with attached strap

267 One (1) DPMS rifle, model AR-15, .223 caliber, serial number FFH044398, with attached Vortex “spitfire” scope

268 One (1) HS Products (Importer: Springfield) pistol, model XDM 3.8, .45 caliber, serial number MG657131

269 One (1) HS Products (Importer: Springfield) pistol, model XDS 3.3, .45 caliber, serial number S3190016

270 One (1) box containing fifteen (15) rifle magazines containing live ammunition (.223/5.56)

271 One (1) Wal-Mart bag containing one (1) box of Remington “22 Thunderbolt” ammunition, 500 rounds

272 Three (3) pistol magazines containing live ammunition (45 auto) and one (1) empty pistol magazine

273 One (1) box containing 425 loose .223 rounds live ammunition

274 One(1) green ammunition can containing 200 rounds of Blazer .45 ammunition

275 One (1) empty rifle magazine (.22 caliber)

276 One (1) box containing one (1) clear plastic bag containing 56 spent bullet casings (.223/5.56), and seven (7) magazine covers



52. On February 11, 2016, Corey Lequieu, an indicted co-conspirator, was

arrested in Fallon, Nevada. Lequieu was photographed carrying a firearm and

driving a government ATV while on MNWR during the armed occupation. Lequieu

was also seen on video taken on January 4, 2016, during a press conference given by

Ammon Bundy. Lequieu can be seen in the background, carrying a rifle. Following

Lequieu’s arrest, FBI Special Agents traveled to Lequieu’s residence which he

shared with Debra Pope. Pope had also traveled to MNWR during the armed

occupation. Pope was asked about materials which she and Lequieu had taken from

MNWR following their participation in the armed occupation. Pope consented to

agents seizing ammunition Lequieu had taken from MNWR when they traveled

there. Pope then retrieved ammunition from the home she shared with Lequieu.

Pope advised agents the ammunition had been stored in either her room or the gun

safe in her house. Pope stated she had locked the ammunition in the gun safe and

hidden the key from Lequieu. The following ammunition was seized:

Item Group No. Item Description 277 Seventy-nine (79) rounds of 9mm ammunition 278 526 rounds of 5.56 mm ammunition as follows: ten (1) thirty-

round magazines containing 30 rounds each; one (1) twenty-round magazine containing seventeen (17) rounds each; one (1) green in color bandoleer containing 140 rounds; one (1) box containing 30 rounds; and one (1) ziplock baggie containing 39 rounds

279 Six (6) 30-round magazines, one (1) forty-round magazine, and one (1) ten-round magazine

280 1,500 rounds of .223 Remington ammunition



53. During their conversation with Pope, agents learned that Lequieu had

weapons located at the residence of Mary Cross, also in Fallon, Nevada. Agents

accompanied Pope to Cross’s residence. Pope identified an AR-15-type rifle as the

one carried by Lequieu at MNWR. This firearm was located in the trunk of a vehicle

on the property along with another firearm. Agents seized the following items from

the trunk:

Item Group No. Item Description 281 One (1) Browning, model Hi-Power 9mm, serial number

245NM32652

282 One (1) Palmetto State Armory, model PA-15, multi-caliber, serial number LW068295

54. On February 11, 2016, indicted co-conspirator Geoffrey Stanek was arrested

in Forest Grove, Oregon. Stanek was photographed at MNWR during the armed

occupation. In one of the photographs, taken by Rob Kerr for Getty Images, Stanek

is standing in a garage at MNWR with what, based on my training and experience,

appears to be a smaller model Glock handgun. Following his arrest, Stanek

consented to FBI Special Agents searching a 2000 blue Dodge Durango. Stanek

owned this vehicle and had been driving it just prior to his arrest. During the

search, the following firearm was seized:


283 One (1) Glock GMBH, 26 Gen 4, .9mm handgun, serial number XVA150, with loaded 9-round magazine

///



55. Scott Willingham was photographed at MNWR and captured on video helping

remove government cameras from electricity poles. Willingham was later indicted

on one federal charge of theft for stealing government cameras. Prior to the

indictment, on March 16, 2016, Willingham was arrested by the Grant County

Sheriff’s Office on charges of disorderly conduct. During the course of the arrest,

officers learned that Willingham was in possession of a rifle. Willingham agreed to

turn the rifle over to the Sheriff’s Office. Willingham then took officers to a

residence and showed them the rifle and bullets. Willingham was interviewed after

his arrest and told investigators that prior to leaving MNWR, he took a rifle from

Ryan Payne’s truck. Willingham stated the rifle belonged to Payne and Payne had it

when he was in Afghanistan. Willingham described the weapon as an FN .308 rifle.

The following firearm and ammunition was seized from Willingham by the Grant

County Sheriff’s Office:

Item Group No. Item Description 284 One (1) Springfield SAR-4800 Sporter rifle, serial number

SA16479, with Vortex scope, bipod, strap and five (5) empty magazines

285 Two hundred twenty-three (223) rifle rounds, consisting of one hundred seventy-nine (179) .308 Winchester rounds and forty-four (44) 7.62mm rounds

Conclusion

56. It is evident from the statements and actions of the armed occupiers that the

open carry, display, and talk of weapons and need to use force if confronted by

federal agents, was done for the purpose of threatening and intimidating federal



officials from discharging their duties. These actions were ongoing and continuous

from the beginning of the armed occupation on January 2, 2016 until the last

individual left MNWR on February 11, 2016.

57. Given the seizure locations of all the firearms and ammunition discussed in

this declaration, the repeated observed use of firearms by occupiers described above,

the public solicitation by occupiers for additional supporters to come to MNWR and

bring firearms with them, the fact that none of the seized firearms and ammunition

are believed to belong to MNWR employees, and the post-arrest statements of

several occupiers, it is my belief that all of the firearms and ammunition described

in this declaration had been brought to or near MNWR grounds by the indicted and

unindicted occupiers prior to seizure for the purpose of impeding, intimidating, and

threatening federal officers from discharging their duties.

58. Based on my experience as a Special Agent with the Federal Bureau of

Investigation and the circumstances described in this declaration, I have reason to

believe that the defendants, in rem, described in this declaration are subject to

seizure and forfeiture. There is probable cause to believe that each of the 50

firearms and the assorted ammunition I have described were involved in or used in

a conspiracy to impede officers of the United States in knowing and willful violation

of 18 U.S.C. § 372, and are therefore forfeitable to the United States pursuant to 18

U.S.C. § 924(d).

///



I declare under penalty of perjury that the foregoing is true and correct

pursuant to 28 U.S.C. § 1746.

Executed on this 10th day of June 2016.

s/ Katherine D. Armstrong KATHERINE D. ARMSTRONG Special Agent Federal Bureau of Investigation


declaration of katherine d. armstrong exhibit a page 1 complaint

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