This screengrab shows Jerry DeLemus in Bunkersville, Nev., just after the Cliven Bundy standoff in 2014. (YouTube)
DeLemus denied bail, to remain in custody pending trial
CONCORD — A federal judge has denied bail for a Rochester man facing conspiracy charges in connection to his role in a 2014 standoff with federal agents in Nevada.
U.S. District Court Judge Andrea Johnstone ruled Tuesday that Jerry DeLemus, a local tea party leader who stood with Cliven Bundy’s armed resistance at his ranch in Nevada in 2014, be held pending trial on nine federal charges based on an indictment brought in Nevada.
On Monday, U.S. Attorney Mark Zuckerman argued DeLemus would pose a danger to the public and be a possible flight risk if released. Defense attorney Jonathan Saxe argued DeLemus has no criminal history and hasn’t caused any problems in the nearly two years since the standoff.
“The evidence is not that strong, particularly in regard to some of the counts against my client,” Saxe said during Monday’s hearing.
In her ruling, Johnstone cites concerns over the “dangerousness” of DeLemus as factors in her decision.
“The nature of the offenses charged, combined with the weight of the evidence against the defendant and the demonstrated seriousness of danger to persons in the community that would be posed by the defendant’s release, weigh against his release and in favor of detention,” writes Johnstone.
DeLemus was arrested and taken into custody last week after a federal grand jury in Nevada issued an indictment against a number of new defendants charged in connection to a standoff between ranchers and federal authorities over grazing rights.
DeLemus is facing nine federal charges, including conspiracy to commit an offense against the United States, threatening a federal law enforcement officer, assault on a federal officer, obstruction of justice, attempting to impede or injure a federal law enforcement officer, interference with interstate commerce by extortion, and several firearms charges, according to court records.
Johnstone states because DeLemus is charged by indictment with using and carrying a firearm in relation to violent crime, “no condition or combination of conditions will reasonably assure the safety of any other person and the community.”
Johnstone does state the government failed to prove DeLemus would flee the state if granted bail.
“In this case, the government provided little to support its contention that the defendant is a flight risk,” writes Johnstone. “Furthermore, based on the defendant’s length of residence in the immediate area and close family ties, the government has failed to show by a preponderance of the evidence that the defendant is a flight risk.”
In her decision, Johnstone writes that any potential bail conditions for DeLemus she could assign to “assure the safety of the community” would hinge on his compliance with those conditions.
“Conditions of release ordered by this court are monitored and supervised by federal officers,” writes Johnstone. “Following the April 12, 2014, armed standoff, the defendant demonstrated by his own words that he will not cooperate with court orders and actions by the federal government that he perceives to be unlawful. The consequences of noncompliance with the court’s orders will not act as a deterrent given his espousements and willingness to risk his life, and the lives of others, to oppose such government actions, and, potentially the actions of the officers monitoring and supervising his release. Based on his own words, that activity cannot be mitigated with any conditions imposed by this court.”
View the judge's order below:
The 64-page indictment cites DeLemus as one of eight defendants who “planned, organized, led, and/or participated as gunmen in the assault, all in order to threaten, intimidate, and extort the officers into abandoning approximately 400 head of cattle that were in their lawful care and custody.”
Court papers describe DeLemus as a “mid-level leader and organizer of the conspiracy,” who recruited, organized, trained and gave logistical support to gunmen and followers. He is alleged to have been a leader and organizer of armed patrols and security checkpoints on the Nevada ranch.
DeLemus first traveled from New Hampshire to Nevada on April 10, 2014.
The indictment stems from the massive armed assault against federal law enforcement officers in and around Bunkerville, Nev., on April 12, 2014, which court records refer to as a conspiracy to thwart the seizure and removal of Cliven Bundy’s cattle from federal public lands. Bundy was under a federal court order to remove his cattle from the public lands since 1998. Two more court orders came in 2013, which led to an impoundment process and the armed standoff and alleged assault.
pfeely@unionleader.com
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