A federal magistrate judge Friday allowed the release of Jeff Wayne Banta, a 46-year-old from Nevada who was among the last four holdouts to surrender at the Malheur National Wildlife Refuge on Feb. 11.

Banta is expected to be released from custody Monday.

Federal prosecutor Ethan Knight had sought Banta's continued detention on a federal conspiracy charge, particularly because he remained at the site long after arrests of the occupation leaders. Knight said he had concerns about Banta's judgment.

Jeff Wayne Banta

"The simple fact that he remained at the refuge when there were orders, suggestions'' by federal law enforcement to leave, should concern the court, Knight said.

But court-appointed attorney Robert Salisbury argued that Banta wasn't one of the occupation leaders, wasn't a member of a militia and has no prior criminal record.

"He's quite frankly a carpenter from Nevada'' who showed up at the refuge on the night of Jan. 25 after seeing a video online about the U.S. Bureau of Land Management, Salisbury said.

That was the night before the arrests of Ammon Bundy and other occupation leaders, and the shooting death by state police of Robert "LaVoy'' Finicum, 54, an occupation spokesman who tried to flee a felony police stop.

The mood at the refuge after Finicum's death and the initial arrests "became chaotic and downright dangerous at that point,'' Salisbury said.

Banta and three others who stayed at the refuge did so partly because of their "distrust of FBI negotiators and fear that they would be killed,'' his lawyer said.

Banta had recommended that the Rev. Franklin Graham, Billy Graham's son, come to the site to assist in a peaceful surrender, Salisbury said. The Christian evangelist was allowed to help with the negotiations that led to the surrender.

Salisbury described Banta as a hard-working, dependable man who has family ties in Yerington, Nevada, including a brother who works as a police officer there.

Upon release, he'll need to go to Elko, Nevada, to get his belongings from a friend's home but plans to stay with family in Yerington, his lawyer said.

Judge Stacie F. Beckerman said the nature of Banta's alleged offense was "incredibly dangerous,'' putting law enforcement at great risk, but she allowed his release because of his family ties, lack of any criminal record and "no history of this type of activity.''

Beckerman said she's still confounded by his decision to remain at the refuge after FBI orders to leave. She said any "rational person'' would have left.

"Let's all hope that he has learned a lesson through this,'' Beckerman said.

Banta isn't allowed to have any contact with any of the other 24 defendants in the federal conspiracy case. He also was ordered not to make any public statements encouraging unlawful activity. (Banta's release conditions)

"Ok, thank you,'' Banta told the judge.

He's one of six defendants who have been granted pretrial release in the case. The other five are Sandra Anderson, Shawna Cox, Duane Ehmer, Joseph O'Shaughnessy and Geoffrey Stanek.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian