Militia leader is cleared in assault case

Militia leader is cleared in assault case
By Ignacio Ibarra
ARIZONA DAILY STAR
http://www.azstarnet.com/sn/crime/62674

Cochise County militia organizer Casey James
Nethercott was acquitted in federal court Tuesday of
charges he threatened to assault three U.S. Border
Patrol agents during a confrontation at his Ranch
Rescue Headquarters near Douglas last year.

The charges stemmed from an Aug. 31 incident in which,
federal prosecutor Maria Davila said, Nethercott
ignored attempts by Border Patrol agents to pull him
over on an immigration stop as he returned to his home
from Douglas.

Instead, she said, Nethercott led the three agents on
a slow-speed pursuit that ended at his ranch, where
the prosecutor claimed he threatened and attempted to
intimidate the agents who were lawfully investigating
their suspicions that Nethercott was involved in
smuggling.

Nethercott's attorney, Public Defender Jason Hannan,
said that from the beginning the prosecution of his
client was "a political case," driven by the
government's dislike of Nethercott's political views.

He said the confrontation alleged by the Border Patrol
agents never occurred. And he said the threats claimed
by the agents were shown to be nothing more than
Nethercott calling 911 on his cell phone and reporting
to the Cochise County Sheriff's Department that armed
agents were at his gate and he needed help to avoid a
shootout.

"It was politics, pure and simple. They were just
trying to get rid of him," Hannan said.

He said Nethercott, who spent more than five months in
federal custody, was released after the verdict.

"Casey never once considered entering a plea. This
case was about principles from the beginning. The jury
saw that," the defense attorney said.

The government's principal witnesses at the trial were
the three agents who were involved in the pursuit
before the confrontation at Nethercott's ranch.

Davila told the jury that the agents had received
information that a sensor had been activated near the
border and that they observed a minivan leave the
border and drive into Douglas.

The van was spotted later by the agents, who noticed
differences in the suspension of the minivan that
aroused their suspicions.

When they tried to stop the vehicle, they said it
slowed and pulled to the side of the road, leading
them to believe the driver was looking for a spot to
pull over and bail out.

They continued their pursuit, eventually ending up at
Nethercott's ranch about a quarter mile east of the
Border Patrol station.

Once at the ranch, Nethercott pulled through his gate,
got out of the vehicle and closed the gate with the
assistance of a large man, Kalen Riddle, who was armed
with a rifle, sidearm and large knife.

The agents also reported that Nethercott appeared to
be giving instructions to other unseen people in the
dark.

At that point, the agents testified they took cover
and drew their own weapons.

Hannan said by the time the agents arrived at
Nethercott's ranch they knew who was driving the
vehicle and that there was no smuggling case to
investigate.

But instead of backing off, they came onto
Nethercott's property with weapons drawn, instigating
a confrontation that was not diffused until Cochise
County deputies arrived at Nethercott's request.

He said videotape of the incident shot by a Border
Patrol surveillance camera and synchronized with a
Cochise County radio dispatch recording supported
Nethercott's version of events.

Nethercott was accused in 2003 of beating two illegal
immigrants detained in a Ranch Rescue operation in
Hogg County, Texas.

He was convicted last year on federal weapons charges
in the case, but the jury could not reach an agreement
on the assault charges.

Hannon said he did not have information on
Nethercott's other legal matters.

● Contact reporter Ignacio Ibarra at
520-806-7746 or iibarra@azstarnet.com.

=====
"Get off your ass and take your government back." ~Rocky Ward

http://www.federalobserver.com

http://groups.yahoo.com/group/libertarianisland/

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Friday, September 24, 2004
Judge: Militiaman stays in custody

The Arizona Republic

A member of an armed civilian border group accused of threatening a shootout with Border Patrol agents is a danger to the community and will remain in federal custody, a judge ruled.

At a detention hearing Wednesday in U.S. District Court, prosecutors described Casey James Nethercott, 37, of Douglas as a three-time convicted felon with a distrust of federal law enforcement and a "penchant for firearms."

An FBI agent testified that a search of Nethercott's property after the arrest yielded 18 firearms. He is legally barred from possessing guns.

Nethercott's attorney, Jason M. Hannan, told the judge the case was politically motivated.

Nethercott is accused of threatening three U.S. Border Patrol agents Aug. 31 in a standoff on his property.

When FBI agents arrested Nethercott on Sept. 15 outside a Douglas store, he and Kalen Riddle, 22, reportedly ignored orders to stop moving. An agent shot Riddle, seriously injuring him. Riddle was also present during the Aug. 31 standoff, federal agents said.

http://www.tucsoncitizen.com/index.php?page=border_news&story_id=092404a6_nethercott_brf_r

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"Militia is not a dirty word. It is a concept worthy of respect. It is a synonym for the People. The Militia is not a gang. It is the core essence of the ultimate repository of the sovereignty of the American citizenry. If necessary, the Militia will marshall and deal with governments' goons, errant persecutors, public servants, and perfumed princes and princesses. That, for better or worse, is the life of the law. That is reality."

-- Peter J. Mancus, Attorney at Law (California), 15 July 2004
http://www.ranchrescue.com/