Oregon wildlife firefighter with anti-government history charged with burns

Late in the afternoon on October 19, 2022, the plane lost control in what lawyers described as “sudden and unexpectedly strong winds” and plunged onto Isey Highway north of Seneca, Oregon, burning about 20 acres of private property.

Around the same time, Snodgrass called law enforcement to report people were driving aggressively and harassing firefighters in an area with a history of violent anti-government activity, including an armed takeover in 2016. of Malheur National Wildlife Refuge.

Firefighters familiar with the incident said the aggressive behavior toward Snodgrass, which follows previous crashes in the area, included swerving in front of a wildland fire truck and hitting a Forest Service four-wheeler. It is said that the act included almost colliding with each other. They did not wish to be identified due to the sensitive nature of the ongoing case.

“There’s a very strong anti-government sentiment in the area where I live, called Eastern Oregon. This is my home now,” he said, working with the Forest Service to fight wildland fires for 17 years. said Eric Franta, a steward for the National Federation of Federal Employees (NFFE), who has been fighting the war. “Especially in Grant County where Malheur is located.”

Mr. Snodgrass called the police, but when Grant County Sheriff Todd McKinley arrived at the scene of the fire, he arrested Mr. Snodgrass on a Class A misdemeanor charge of reckless arson as the fire continued, and said that while the fire was in the midst of extinguishing efforts, “The fire was caused by a fire that was removed from the staff,” the defense statement states. He was not charged or arraigned until last month.

Now, Mr. Snodgrass’ attorney, Michelle Kerin, wants to move the case to federal district court. If that happens, the charges may be dropped.

“Because Mr. Snodgrass was acting in his official capacity as a federal employee…he is immune from prosecution under the Supremacy Clause,” Kerin argued in a federal complaint filed last week. He argued that he had a right to have his case heard in federal court. .

According to a Cornell Law School summary, that part of the Constitution, Article 6, states: “The Federal Constitution and federal laws generally supersede state laws and even state constitutions.” This means that if a state prohibits interference with the exercise of the constitutional powers of…

If the case moves to federal court, Snodgrass could still stand trial, but state prosecutors would argue the case.

In a message to employees shortly after the arrest, Forest Service Director Randy Moore said, “This situation is highly inappropriate, and we send our full condolences to Byrne Voss and all of our employees performing their official duties as federal employees.” I have no intention of standing by and not defending the situation.” This employee should not have been excluded…”

Snodgrass’ arrest has colleagues wondering if it’s worth going through the trouble of potentially becoming a scalded boss. “Given what happened to Snodgrass, many of us are questioning the risks involved and whether it’s worth it,” said Jeremiah Marsh, burn director for Wallowa County in northeastern Oregon. Only,” he said. “I really don’t want to go to Grant County,” said Marsh, the NFFE regional vice president who represents employees from five national forests, including Snodgrass, citing the anti-government stance.

Grant County District Attorney Jim Carpenter declined an interview request but provided a news release his office issued shortly after the arrest. “To be clear, Mr. Snodgrass’s employer or position does not protect him if it is determined that he acted recklessly. Rather than lowering standards, it could actually raise them.

Carpenter said, in an apparent reference to political tensions in the region, that “many people will try to exaggerate this to make it something it is not. The problem is, given the prevailing circumstances, It’s whether a neighbor was reckless when he started a fire adjacent to another neighbor.”

But the connection to Malheur and the political atmosphere are too obvious to ignore.

In January 2016, armed right-wing extremists angered by the government’s land management practices seized control of the Malheur National Wildlife Refuge, sparking a 41-day standoff with federal authorities, who were told by the occupiers’ spokesman, Lavoie Finicum was shot dead. .Approximately 20 people, including leader Ammon, were arrested. Bundy was notorious for his anti-government activities.

According to local news reports, then-sheriff Glenn Palmer showed goodwill toward the occupiers, calling them “patriots” and supporting the Bundy family. This fostered continued disharmony between federal and local authorities.

McKinley, a former aide under Palmer, declined to comment. According to public broadcaster OPB, he defeated Palmer in 2020, saying: [the sheriff’s office] It was moving in a direction I couldn’t support. … To me, it just seemed like it was serving certain individuals within the community and not the community as a whole. ”

Some people in the area support Greater Idaho’s movement to move much of Oregon, including Grant County, to Idaho “so conservative counties can become part of a red state.” . Donald Trump, who was not friendly to federal officials while in the White House, won the county’s 2020 presidential election with 76% of the vote. It is a sparsely populated place, with an area of ​​4,528 square miles and only 7,200 people, less than 2 people per square mile.

Grant County and other rural Mountain West counties have a long history of “significant tension” with Washington, said John Kincaid, a government and public service professor at Lafayette College in Easton, Pennsylvania. In 1995, county voters approved a landmark policy. It prohibits the Federal Land Management and Forest Service from owning and managing federal land within Grant County,” said Kincaid, who is also a fellow at the National Academy of Public Administration. “In 2002, the county asked Congress to grant county title to all federal lands, approximately 60 percent of Grant County’s territory,” another symbolic effort.

The Forest Service will continue to operate there, even if some people don’t appreciate it.

“Regardless of where Forest Service employees perform their duties, our mission remains the same,” said Forest Service spokesman Wade Muhlhoff.