Both Hammonds had been previously arrested in 1994 for blocking the BLM from building a fence. The BLM was constructing a fence that would block Hammond cattle from grazing on land the BLM had claimed as a “refugeâ€. But the Hammonds claimed that area as a “historic right of way†that has been in use since 1871. “We have never had a permit,†Susan Hammond said. “We have a right to use it.†The Hammonds served only two days in jail, their hearing was postponed indefinitely for this offense, and to date has never taken place.
Nevertheless the Hammonds were tried and convicted in 2012 under the “Anti-terrorism and Effective Death Penalty Act of 1996†for arson on public land for the 2001 fire and a similar fire in 2006. The statutory minimum sentence was five years. However, Judge Hogan deemed a five year sentence too lengthy per the 8th Amendment(cuel and unusual punishment). Consequently he sentenced the Hammonds to 3 months and one year respectively. The Hammonds did indeed serve that time in jail. Dwight 3 Months and Steven 12 Months.
However, the BLM and the US government are now contesting that sentence as a violation of the Anti-terrorism act. Suit has been filed in the District Court of Oregon (Eugene) for the Hammonds to serve the balance of the prescribed minimum sentence. The hearing on 7 Oct 2015 in Eugene, Oregon. was only a sentencing hearing, as the Hammonds have already been found guilty (and served jail time) for the offense. During this hearing, they were sentence to the remaining five years in a federal penitentiary.
In the meanwhile the BLM is refusing to renew the Hammonds’ grazing permits, forcing them to find alternative feed for their cattle. In a separate suit, the BLM is also charging the Hammonds $400,000 for alleged costs of fighting fires and damage to the public lands. In the event the Hammonds must sell some or all their private ranch land to meet that monetary demand, the BLM has filed first option to buy the land forcing the Hammonds to sell to them.
The Hammonds agreed in 2013 to pay the $400,000 as their insurance company agreed to help substantially. Dwight & Susan Hammond have moved off their ranch to Burns, Oregon, in anticipation of Dwight going to jail for four more years & nine months. Then his wife Susan will be able to care for herself in town.
Dwight purchased his ranch & grazing rights in 1964. He confirmed to me that his grazing rights predated the establishment of the BLM, by virtue of being established by previous owners of his ranch.
Steven Hammond is reluctant to talk to anyone about the situation in fears of the federal government's actions against him and his young family.”
