A federal judge Tuesday sentenced Oregon refuge occupier Darry Thorn, who did armed guard duty at the Malheur National Wildlife Refuge and urged others to stay and fight after the arrest of the takeover leaders, to a year and a half in federal prison.

U.S. District Judge Anna J. Brown's sentence fell below the guideline range of two years to 2 1/2 years in prison. She said she took into account Thorn's troubled upbringing, cognitive limitations and history of substance abuse and mental health problems.

They don't justify what Thorn did, she said, but help explain his "series of bad decisions, one after another.''

"I have given you the benefit of every favorable inference from your background, but that's never going to happen again,'' Brown told Thorn.

Darryl Thorn, 33

The judge urged Thorn to get his high school equivalency diploma and take advantage of group programs in prison to figure out how to cope with stress and anxiety "because you're not going to be able to be angry, carry guns or call people names when things go wrong.''

Thorn, 33, a member of a Washington militia group, rejected several plea offers and went to trial earlier this year. A jury convicted him of conspiring to impede federal employees at the refuge through intimidation, threat or force and possession of a firearm in furtherance of the conspiracy. Brown found him guilty of trespass and tampering with government vehicles or equipment, both misdemeanors. He's already agreed to pay $5,000 in restitution.

Thorn has been in custody since the judge revoked his release in August after an "acute mental crisis.'' He appeared in blue jail scrubs, with a crew cut, slight beard and black-rimmed glasses. When led into the courtroom, he said, "Good mornin' '' to a few supporters. Before the hearing got underway, attorney Andrew Kohlmetz relayed to Thorn that co-defendant Duane Ehmer was outside and said to say "he loves you.''

"Is Hellboy out there?'' Thorn asked, referring to Ehmer's horse.

Assistant U.S. Attorney Ethan Knight urged the court to send Thorn away for two years and three months, while Thorn's defense lawyer sought time served and supervised release.

Thorn's role, from the time he arrived at the refuge in early January 2016 to his effort to convince others to stay and fight during a tense debate in the darkened bunkhouse the morning of Jan. 27, 2016, revealed an ongoing "willingness to behave in a threatening, potentially dangerous way,'' Knight said.

Co-defendant Duane Ehmer, sentenced last week to a year and a day in prison stemming from his role in the refuge takeover, rode his horse outside federal court while Darryl Thorn was sentenced on Tues., Nov. 21, 2017.

While not among the leadership, Thorn was a "vocal and consistent presence'' in the conspiracy, a member of the Washington 3 Percent militia who frequently did armed guard duty in the refuge watchtower, was photographed with an assault rifle with a bayonet and double-barrel magazine and posted photos from his guard duty shifts on Facebook.

In a Jan. 27, 2016, video that captured the chaotic debate among the remaining occupiers at the refuge after the arrests of the occupation leaders off site, Thorn pushed others to remain.

"We came here for one (expletive) reason, to fight,'' Thorn was recorded saying. Thorn, dressed in camouflage with the word "militia'' visible in block letters across the front of his jacket, sat on a stool with several assault rifles between his legs.

As others spoke of a peaceful resolution or driving off the refuge in a government truck, Thorn, clearly agitated and losing his patience, cut in: "I got dropped off here. I don't have a (expletive) job no more.'' He called out others as "salty mother-(expletive)'' who are talking with their "tails between their legs.''

"I'm here to fight," he said "I'm not here to run.''

Prosecutors successfully convinced the judge to increase Thorn's sentencing range by three levels for the threatening use of a gun and two more levels as part of a terrorism enhancement clause for an offense committed to influence the government by intimidation or coercion.

The underlying conspiracy, Knight argued, was done to influence the government to release two ranchers from Harney County who had returned to prison to serve out a five-year sentence for setting fire to public lands and to turn over the federal wildlife refuge to local residents.

Defense lawyer Jay Nelson, the third lawyer appointed for Thorn, painted for the court what he described as Thorn's "appalling'' childhood.

"In short, Mr. Thorn joined the MNWR protest as a scarred man looking for community, not a fight,'' Nelson said in his sentencing memo.

According to the memo, Thorn was born to an indigent and drug-addicted mother who deprived him of contact with his father, a deputy sheriff and animal control officer. Thorn was subjected to domestic violence, child abuse and drug abuse by his stepfather. From ages 12 to 17, Thorn was removed from the home and placed in foster homes. A foster father than unexpectedly killed himself. He never made it past eighth grade and now has three biological children.

"In truth, Mr. Thorn has never escaped the long shadow of his traumatic childhood,'' Nelson wrote.

Thorn stood before the judge, his hands clasped behind him.

"This has literally been two years of hell going through these court proceedings,'' Thorn said. "This has been extremely difficult mentally, physically, emotionally. ... I have a family that I would like to get back to.''

He said he never had anyone to teach him right from wrong and that his court experiences opened his eyes "to the do's and don'ts of certain situations.''

"I'm standing here as a man willing to accept responsibility,'' he said.

The judge asked if Thorn now regretted not accepting earlier plea offers and wondered what his future may bring. Thorn didn't respond.

"I haven't heard you say you're sorry at all for being engaged in the refuge,'' Brown told him. "I want to hope you're ready to move on. ... In the end, it's really about you. You've got to learn how to live in this world.''

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian