Posted on 09/23/2004 6:24:36 AM PDT by Kokojmudd
By Ignacio Ibarra ARIZONA DAILY STAR
A second border-militia leader was arrested on weapons charges by the FBI this week, and one arrested last week will remain in federal custody because he's considered a threat to public safety.
Ranch Rescue founder Torre John Foote, 47, also known as Jack Foote, was arrested by the FBI in Sierra Vista on Monday afternoon on a charge of illegal possession of a weapon, stemming from a 1996 misdemeanor conviction for domestic violence in Mineral County, Mont.
He is scheduled for a detention hearing in federal court this morning.
On Wednesday, a federal judge in Tucson ordered that Casey James Nethercott, leader of Arizona Guard, remain in federal custody to ensure the safety of the community.
In making her decision, Magistrate Jaqueline Marshall rejected arguments from Nethercott's attorney, Assistant Public Defender Jason M. Hannan, that federal agents, not Nethercott, instigated an Aug. 31 confrontation at Nethercott's ranch near Douglas that led to his Sept. 15 arrest.
Hannan also argued that the prosecution's use of Nethercott's extensive criminal history was improper because the cases had no relevance to the current allegations.
Nethercott's criminal history includes:
A conviction on weapons charges earlier this year in Texas, which is on appeal.
Convictions in 1996 and 1997 for assault and false imprisonment.
The FBI's case agent Bryan Witt said he'd watched on a remote Border Patrol camera as Nethercott handled and fired a weapon at the Ranch Rescue-Arizona Guard headquarters on his ranch just hours before he was arrested Sept. 15.
Nethercott was arrested at about 11 p.m. as he and a companion returned to his van in the Safeway parking lot in Douglas, said Witt, of the FBI's Sierra Vista office.
Nethercott's companion, Kalen Riddle, 22, who Witt said moved his hands toward his waist as arresting agents approached, was shot twice during the arrest. He remains in critical condition at Tucson's University Medical Center.
After the arrest, agents found two loaded handguns in the passenger compartment of Nethercott's van, one of them possibly the same .38 caliber handgun he'd been observed with earlier in the day, Witt testified.
A search of Nethercott's ranch the next day yielded 15 .308-caliber assault rifles, several handguns, several thousand rounds of ammunition, smoke grenades, flares, and M-80-type explosives similar to large, powerful firecrackers, Witt said.
Nethercott's arrest grew out of an Aug. 31 incident in which U.S. Border Patrol agents attempted to stop Nethercott's Dodge Caravan on suspicion of smuggling. Despite Border Patrol vehicles pursuing him with lights flashing, Nethercott ignored the agents and drove for more than a mile to his property and through the gate, before exiting the vehicle to confront the pursuing agents, Witt said.
In the confrontation that followed, armed Border Patrol agents took cover behind their vehicles after Riddle unslung a rifle from over his shoulder and then, on Nethercott's order, briefly resisted the agents' demands that he put the weapon down, Witt said.
Witt said agents watching the ranch through night-vision equipment reported seeing several people on the grounds as Nethercott shouted orders into a radio or cell phone for them to hold their positions.
In the case of Ranch Rescue founder Foote, the Cochise County Sheriff's Department had investigated the weapons-possession allegation earlier this year and in March forwarded its investigative report to the Cochise County Attorney's Office, where it remains under review, said department spokeswoman Carol Capas.
FBI Phoenix spokeswoman Susan Herskovits said Foote was arrested on a federal warrant with the assistance of the Sierra Vista Police Department.
Nethercott's Arizona Guard was originally part of Foote's Ranch Rescue but split off after a rift developed.
Contact reporter Ignacio Ibarra at 806-7746 or at iibarra@azstarnet.com.
And all they could do when the story broke is talk about the other guys police record and what occurred in a case that was completely unrelated to this shooting incident, attempting to discredit these people as much as possible.
Can't imagine having to live with shooting an unarmed man.
Or there's always the Vicky Weaver excuse......consider dangerous/armed with a baby.
Well, he was a "right wing wacko," so that makes it okay. After all, he was trying to prevent thousands of hard-working Mexican immigrants from coming to do the jobs Americans don't want to do. Obviously, the FBI has its priorities.
When approached by the FBI, you had better hope that your empty hands are already way up in the air.
Otherwise, they seem to be free to shoot you down like a dog, and then put "movements near waist" on their report.
Yeah, you're right......there seems to be a rising demand for drug dealers, auto thieves, baby production, etc.
Think Braga of Baltimore has been re-assigned to the STU?
Really... whats that POS doing these days?
Why did he refuse to stop? Perhaps general hatred of law enforcement, maybe he just hates the feds. More likely he was engaged in illegal activity and did not want to get busted.
The real stupid part of this is if he had stopped and just talked with the BP agents after realizing he was not a smuggler they would have said, thanks and sent him on his way.
He probably panicked when he realized he was illegally in possession of a firearm and need to buy time to ditch it.
I seem to remember that "she was standing behind the door while holding a baby" worked pretty well also...then there was "we drove the tanks through the walls so 'they' could escape after starting the fires themselves". As you say, "Either way, they get to shoot you."
FY 2002 Labor-HHS Appropriations bill. Public Law 107-116, enacted Jan. 10, 2002
Details in PDF on this little bit o' tyranny can be found here.
I guess unarmed civilians are now fair game in your estimation?
Extension of Lautenberg Amendment
FY 2002 Labor-HHS Appropriations bill. Public Law 107-116, enacted Jan. 10, 2002.
Sec. 213. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101 167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``1997, 1998, 1999, 2000, and 2001'' and inserting ``1997, 1998, 1999, 2000, 2001, and> 2002''; and
(B) in subsection (e), by striking ``October 1, 2001'' each place it appears and inserting ``October 1, 2002''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking ``September 30, 2001'' and inserting ``September 30, 2002''.
So does Lautenberg have to keep being "extended"? Is that how you read that?
Nethercott wasn't the unarmed man that was shot. The man that was shot was not even driving, or inside of a vehicle.
Everything you posted had absolutely nothing to do with the FBI shooting an unarmed man.
Come on.....
Just out of curiousity. Is it bufoonery to want to participate, as a state resident, in policing your own borders, given that the Federal authorities and the regular authorities of the State have proven completely inadequate to the task? What specific examples of "bufoon"..[ery] can you cite by members of border-patrolling militias in Arizona?
Counting you, one!
Not at all. I heartily support American Border Patrol, for example, because they know the law and work to stay within it. Ranch Rescue, however, is another story entirely - they don't know their limits for citizens arrest and act like military wannabees. Plays right into the propaganda of the pro-illegal immigration movement.
What specific examples of "bufoon"..[ery] can you cite by members of border-patrolling militias in Arizona?
There have been at least a couple that I can think of. Plus, Ranch Rescue had a couple of problems in Texas as well. You really need to get current on the story here.
It would appear so, otherwise this chicanary would not be necessary, I suppose. A read of the full text of the original bill would likely tell the tale. I'd help more but I'm trying to get some paying work done for a change! $;-)
Only a coward would shoot an unarmed man, even if fleeing.
OH I forgot, Kerry got a medal doing just that didn't he.
Lets see, the feds shoot and unarmed man, twice, and you come on this thread and attack those that were attempting to make a stand in the face of this unending government approved invasion. Then you fail to even comment on the fact that they shot an unarmed man, and you call him a baffoon???
Something is very wrong with this.
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