Showdown averted at sunrise (Another Michigan Standoff Update)

Showdown averted at sunrise Sheriff agrees to set up meeting with Barkleys and local officials next week

HORTON BAY - An armed confrontation in Bay Township over property rights was averted today when Charlevoix County Sheriff George T. Lasater held a sunrise meeting with Lyle Barkley and his daughter, Kim, on the edge of their property and promised not to take any action today to enforce a court order against them.

Lasater agreed to set up a meeting next week with the Barkleys, county prosecutor Mary Beth Kur, township and county officials, and Norman Olson, a senior adviser to the Michigan Militia Corps Wolverines and a pastor, to attempt to resolve the issues peacefully.

Barkley said he was satisfied with Lasater's offer of a meeting and promise not to take action against him. But he vowed that if no permanent resolution of the issues could be found and the county attempted to remove three disputed housing units, he would defend his property, his wife, Shirley, two children and six grandchildren living on the property, with arms.

Olson, who lives in Alanson, attended the hour-long meeting on Camp Daggett Road to support the Barkleys and act as an intermediary. The only other people at the roadside meeting were a sheriff's deputy, members of the media and Kim Barkley's fiance, Charles McClure, 32.

Barkley and 0lson said they were satisfied with today's meeting. "It bought us valuable time," Olson said.

Olson said he could not speak for the Michigan Militia or other groups who have vowed to send hundreds of armed members from around the country to the Barkley property should a confrontation occur.

"My advice to the militia is to hold off and look for the miracle that I know is going to happen," Olson said.

Clint Dare, the commander of the Michigan Militia who initiated the meeting with Lasater, failed to appear as scheduled as a result of car problems on his trip from southern Michigan to the Barkley property.

The dispute drew national attention when Barkley declared last week that he would not move three manufactured housing units from his property, as demanded by township zoning officials backed by a district court order.

On Wednesday, District Judge Richard May waived the appeal bond, which amounted to $7,800 today and was set to increase by $100 a day, because all three of the Barkleys had filed an affidavit of indigency.

At the same time, circuit judge Richard Pajtas waived the $100 filing fee for the Barkleys to appeal May's order to remove two 12-by-60 foot trailers and a 29-by-34 foot former portable school house from his by the end of today.

Janet Potter, the district court administrator, said further legal action against Barkley pursuant to May's Aug. 28 enforcement order was in the hands of township officials.

She said the township would have to hire movers to remove the disputed housing, and any arrest would have to come from a petition from the township officials to Judge May to issue a warrant for Barkley's arrest.

At the roadside meeting today, Olson asked Lasater if Judge Pajtas "was eager to get this thing settled, just as we are?"

"I think he will do what he can within his realm of responsibilities, but he will do his job, just as I will do my job," Lasater said.

Olson said, "I've said for the last several days that you're the key individual. You have the ultimate decision here, not the judge, not the court, as the highest law keeper in the land.

"If you have an unconstitutional order before you, you have the right to either set it aside and say "There's something wrong with justice here." You need to look at it again."

"My question to you is if this comes to a worst case conclusion, can you look back and say it was worth it all and you just did your duty? Can you rest for the rest of your life with that on your record?" Olson asked.

Lasater responded: "I can simply say that's not going to happen as far as we're concerned. That scenario will not happen. We have reasonable people here, including Lyle, and I think that if we sit down we can hopefully come to some conclusion."

Turning to Barkley, he said: "You agree you're not going to be arrested. You have my word on that. I suggest we set up another meeting, somewhere that's mutual in agreement."

Olson told Barkley: "If he's a man of his word, I will say I trust him as far as what he says before this listening audience here."

Barkley responded: "I'm willing to work this thing out, and have been willing to work it out peacefully all along." Lasater said, "We're not going to instigate anything."

Olson said: "It's what you say and what you do and what the law enforcement people do and what the government officials do" that will determine the response of people who are supporting Mr. Barkley.

"And so we are reactive, responsive, defensive. We are not going to initiate anything that's going to cause these people to be in harm's way, any more than they are already."

Barkley said he had changed his views on the role of prosecutor Kur in resolving the dispute.

"When I spoke to her the other night I got some sad news back and I was kind of irritated and I told her at that time I didn't think that she had the power to work with me, and she'd had three months to get into this thing, because the building department is involved, and Charlevoix County in this.

"But now my attorneys tell me she does have a lot more power than I expected, so maybe we can get together with her and can get some of this stuff resolved," he said.

Barkley said he was working to bring the three housing units up to code, and had nearly completed one major element, replacing aluminum electrical wiring with copper.

I'm all for aggressive action on the part of police and sherriffs when the situation warrants such action (e.g. Columbine), but it's also nice to see a law enforcement officer who doesn't feel the need to go into a situation with all guns blazing just to prove how big his whing-whang is. A cool head like that would have saved lives at Waco.

That being said, ol' Joe Proppity-Rights here needs to realize he's endangering a lot of innocent people with his stupid standoff. While he has a legitimate interest in defending his right to do with his property what he wills, he fails to recognize that zoning is a perfectly necessary and constitutional practice as long as due process is followed. A courtoom is the proper place for this battle; by threatening an armed confrontation, he only reinforces the stereotype of the gun-totin' gaptoothed Cletus defendin' his holler from the Revenooers.

Let's all pray that justice in done in this case and that no one get hurt or killed in the process.

Maybe in the minds of a shallow, dumbed down populace this guy might come off as gaptoothed Cletus but those of us who have a better understanding of the "adminstrative processes" used by these various CORPORATE municipalities it's clear throughtout this whole affair that he's within his rights. Also, he knows that it's somewhat doubtful he'll get justice in a local kangaroo court despite laying out a whole bunch of money to some attorney. Luckily, the sheriff has intervened with a clear headed approach to solving the matter which is just another reason we must retain sheriffs in our communities regardless of the growing movement in the fedgov to replace them.

it's also nice to see a law enforcement officer who doesn't feel the need to go into a situation with all guns blazing just to prove how big his whing-whang is. A cool head like that would have saved lives at Waco. That being said, ol' Joe Proppity-Rights here needs to realize he's endangering a lot of innocent people with his stupid standoff. While he has a legitimate interest in defending his right to do with his property what he wills, he fails to recognize that zoning is a perfectly necessary and constitutional practice as long as due process is followed. A courtoom is the proper place for this battle

BUMP

I could not have said it better.

[As a matter of fact, I 'said it worse' in previous threads.]

Pest,Thanks again for today's update. I'm all for aggressive action on the part of police and sherriffs when the situation warrants such action (e.g. Columbine), ROTFLMAO ! Aggressive action at Columbine ?? Barf ! The wussy Cops at Columbine were so busy hunkering down that the shooters were enabled to commit mass murder ! Aggressive action ! Waco was aggressive action by murderous federal and state thugs .....

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