Megan Cassidy

The Republic | azcentral.com

A federal judge ruled Thursday that Jon Ritzheimer, a Peoria man arrested in connection with the occupation of Malheur National Wildlife Refuge in Oregon, is ineligible to be released from custody before his trial.

A subsequent ruling ordered that Ritzheimer be extradited to Oregon, where he will join fellow protesters indicted on a felony charge of conspiracy to impede federal officials in their official duties through the use of force, intimidation or threats.

Jon Ritzheimer surrendered to the Peoria Police Department on Jan. 26 and has remained in federal custody since.

Ritzheimer appeared Tuesday afternoon in U.S. District Court in Phoenix, where U.S. Magistrate Judge Eileen Willett considered arguments as to whether he should be allowed out on bail.

Willett's decision, issued in a four-page document filed in federal court, was based on two factors: She found that there was "clear and convincing evidence" that Ritzheimer was a danger to the community and a "preponderance of evidence" that he was a flight risk.

A second filing, issued minutes later, ordered U.S. Marshals to transport Ritzheimer to Portland, Ore., where he will face further court proceedings. He was among 11 armed demonstrators arrested in connection with the standoff, which began Jan. 2 and was ongoing as of Thursday night.

Prior to the Oregon occupation, Ritzheimer had become for many a symbol of modern hate, gaining Valley notoriety in 2015 as a Confederate flag-waving activist and an outspoken fixture at anti-Muslim rallies.

In a video posted on his Facebook page on Jan. 30, Ritzheimer is seen telling his two crying daughters that he has to go away again “for a little while.” An accompanying message pleads for donations to help with his legal fees.

“I just want the country to live by the Constitution, and I just want the government to abide by it,” the post states.

Willett's Thursday ruling essentially echoes arguments made Tuesday by Deputy U.S. Attorney Lisa Jennis, who said Ritzheimer is a danger to the community because of his willingness to die for his beliefs.

Defense attorney Elizabeth Kruschek had argued that Ritzheimer was not a flight risk and that he should be released based on his lack of a criminal record and his surrender.

Arizona court records do not reveal any major criminal history for Ritzheimer prior to January. A conviction on the federal charge carries a sentence of up to six years in prison.

The decision on Ritzheimer’s pre-trial quarters follows a trend recently set by Portland-based Magistrate Judge Stacie F. Beckerman, who ordered eight of the arrested occupiers be detained without bond.

Those held include standoff leader Ammon Bundy, as well as co-defendants Jason Patrick, Duane Leo Ehmer, Dylan Anderson, Ryan Bundy, Ryan Payne, Brian Cavalier and Peter Santilli.

Two others — Shawna Cox and Cottonwood, Ariz.-based Joseph O’Shaughnessy — were granted release on the condition that they agree to home detention and a GPS monitor.

Kenneth Medenbach, the first of the protesters to be arrested, was accused of driving a stolen vehicle, according to oregonlive.com. Reports said he was booked into the Deschutes County Jail in Bend, with bail set at $10,000.

Four others named in the indictment have not yet been arrested, according to a spokesman from the Harney County Joint Information Center.

The spokesman declined to comment on negotiations for Sean Anderson, David Lee Fry, Jeff Wayne Banta and Sandra Lynn Pheifer, citing an ongoing investigation.