Commissioner pleads not guilty to charges stemming from ATV protest ride
SALT LAKE CITY — A San Juan County commissioner who organized a ride to protest the federal government's closure of an ATV trail in southeastern Utah pleaded not guilty along with four others Friday to misdemeanor charges.
Federal prosecutors charged the five men, including Commissioner Phil Lyman, with one count of conspiracy to operate off-road vehicles on public lands closed to off-road vehicles and one count of operation of off-road vehicles on public lands closed to off-road vehicles.
"These are God-fearing Americans who want to enjoy the great outdoors, especially the great outdoors right outside their back door," said Nathan Crane, an attorney representing Monte Jerome Wells.
Also charged are Jay Demar Redd, Shane Morris Marian and Franklin Trent Holliday.
This spring, Lyman told reporters he organized the ride in San Juan County's Recapture Canyon to protest the decreasing access to ATV trails on public land.
The Bureau of Land Management declared the area off-limits to all-terrain vehicles because off-roading was causing damage to ancestral Puebloan ruins.
The county submitted a right-of-way application to the agency for construction of a new trail in the canyon, a decision that remains under review and is fueling frustration over a closed trail that Lyman says has been a thoroughfare for cattlemen and others since pioneer days.
The ride, which Lyman promoted through traditional and social media, brought rebuke from BLM Director Neil Kornze.
Lyman appeared in court without a lawyer, but U.S. District Magistrate Judge Evelyn J. Furse appointed him one for the hearing.
Lyman told the judge that the County Commission has an interest in the validity of the right-of-way and is willing to participate in his defense, which adds "complexities" to his hiring an attorney. He said he doesn't know if he qualifies for a public defender and is concerned about the "exorbitant" cost of legal fees.
After the hearing attended by several dozen family members and friends of the five men, Lyman told reporters he wanted to talk but his lawyer advised him against it.
Furse scheduled a two-day trial beginning Dec. 22. If convicted, the five men face up to one year in prison, a $100,000 fine and 12 months of probation. Prosecutors also said there is a possibility they would have to pay restitution.
Federal prosecutors charged the five men, including Commissioner Phil Lyman, with one count of conspiracy to operate off-road vehicles on public lands closed to off-road vehicles and one count of operation of off-road vehicles on public lands closed to off-road vehicles.
"These are God-fearing Americans who want to enjoy the great outdoors, especially the great outdoors right outside their back door," said Nathan Crane, an attorney representing Monte Jerome Wells.
Also charged are Jay Demar Redd, Shane Morris Marian and Franklin Trent Holliday.
This spring, Lyman told reporters he organized the ride in San Juan County's Recapture Canyon to protest the decreasing access to ATV trails on public land.
The Bureau of Land Management declared the area off-limits to all-terrain vehicles because off-roading was causing damage to ancestral Puebloan ruins.
The county submitted a right-of-way application to the agency for construction of a new trail in the canyon, a decision that remains under review and is fueling frustration over a closed trail that Lyman says has been a thoroughfare for cattlemen and others since pioneer days.
The ride, which Lyman promoted through traditional and social media, brought rebuke from BLM Director Neil Kornze.
Lyman appeared in court without a lawyer, but U.S. District Magistrate Judge Evelyn J. Furse appointed him one for the hearing.
Lyman told the judge that the County Commission has an interest in the validity of the right-of-way and is willing to participate in his defense, which adds "complexities" to his hiring an attorney. He said he doesn't know if he qualifies for a public defender and is concerned about the "exorbitant" cost of legal fees.
After the hearing attended by several dozen family members and friends of the five men, Lyman told reporters he wanted to talk but his lawyer advised him against it.
Furse scheduled a two-day trial beginning Dec. 22. If convicted, the five men face up to one year in prison, a $100,000 fine and 12 months of probation. Prosecutors also said there is a possibility they would have to pay restitution.
Email: romboy@deseretnews.com, Twitter: dennisromboy
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I find the comments over at the deseret news so unintelligable, seems the hate towards these True Americans is very strong. The lies about the Redd's family are still strong which is sad since the truth has been known some years now. The blm /epa / feds are way out of line, above the Constitutional laws, and have used force of arms, threats, and violence upon Americans. Even lied and created false things about them to protect themselves.
The torture of Dr. Redd which led to his death by the hands of the Same BLM who threatened to sniper the Bundy family (armed or unarmed) is what has happened to the Federal Government.
They are selling off the lands water / minerals for profit, but 1st they must close them down to all access by American's at all costs, thousands of farmers and ranchers in the western lands have been forced out of business, stolen lands and minerals and water rights they had earned for 4 - 6 generations. Then the Feds Sell off the Water and make billions, the lands as well to business entities many outside America. (been happening for over 30 yrs now)
You see, people who prefer to listen to the normal media, bought and spoon fed by the DC Government, your being lied to, and propagandized an your just turning into sheep.
I bet if Obama and his allies took a Nuclear weapon then used it upon an American City or State, then blame say the ranchers, farmers, tea party, constitutional party, etc. you know Oathkeeping American's.
That the main street media worshipers would Buy hook line and sinker the lie / story Obama would sell to them.
That is the state of America.
Past time to awake!
S.T.Huls
Witness to the Fall of the Constitutional Republic of America.
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I find the comments over at the deseret news so unintelligable, seems the hate towards these True Americans is very strong. The lies about the Redd's family are still strong which is sad since the truth has been known some years now. The blm /epa / feds are way out of line, above the Constitutional laws, and have used force of arms, threats, and violence upon Americans. Even lied and created false things about them to protect themselves.
The torture of Dr. Redd which led to his death by the hands of the Same BLM who threatened to sniper the Bundy family (armed or unarmed) is what has happened to the Federal Government.
They are selling off the lands water / minerals for profit, but 1st they must close them down to all access by American's at all costs, thousands of farmers and ranchers in the western lands have been forced out of business, stolen lands and minerals and water rights they had earned for 4 - 6 generations. Then the Feds Sell off the Water and make billions, the lands as well to business entities many outside America. (been happening for over 30 yrs now)
You see, people who prefer to listen to the normal media, bought and spoon fed by the DC Government, your being lied to, and propagandized an your just turning into sheep.
I bet if Obama and his allies took a Nuclear weapon then used it upon an American City or State, then blame say the ranchers, farmers, tea party, constitutional party, etc. you know Oathkeeping American's.
That the main street media worshipers would Buy hook line and sinker the lie / story Obama would sell to them.
That is the state of America.
Past time to awake!
S.T.Huls
Witness to the Fall of the Constitutional Republic of America.
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