Federal prosecutors will seek a nearly four-year sentence Thursday for Oregon refuge occupier Jason Patrick, arguing that he was one of the leaders of the 2016 takeover and among the first to arrive armed.

Patrick also has "proved to be difficult to supervise'' while out of custody before and during his trial, prosecutors said.

But Patrick and his standby lawyer say he wasn't an organizer. Though they acknowledge that he was a loud and vocal supporter, posted videos on social media and spoke out at press conferences, he didn't exercise authority over others while occupying the Malheur National Wildlife Refuge near Burns, they argue.

His role was "something akin to a volunteer,'' defense lawyer Andrew Kohlmetz wrote in a sentencing memo.

A jury convicted Patrick, 45, of conspiracy to impede federal workers through intimidation, threat or violence, a felony. A judge convicted him of trespass, tampering with vehicles and equipment and destruction or removal of property, all misdemeanors.

He's seeking a sentence of time served. Prosecutors are seeking three years and 10 months.

Co-defendant Jason Blomgren described Patrick as No. 5 in the chain of command among the key figures of the occupation, prosecutors said. In a document found on leader Ammon Bundy's phone, Patrick was described as in charge of "Organization'' and "Moral" (sic).

In a Dec. 26, 2015, video taken in Burns with co-defendants Blaine Cooper, Jon Ritzheimer and Joseph O'Shaughnessy, Patrick claimed the government had no authority to own federal land, and the group called on like-minded "patriots'' to come to Burns on Jan. 2, 2016, to protest the return to prison of two Harney County ranchers convicted of setting fire to public land.

Patrick also was present at a Dec. 29, 2015, meeting where Bundy announced his plan to stage an armed takeover of the refuge and was among the first to arrive at the refuge on Jan. 2, 2016, according to prosecutors. Patrick carried an AR-15 rifle at the time, witnesses said.

Patrick carried a gun at the refuge in violation of his release conditions in a pending Georgia case and helped remove a fence on the edge of the wildlife sanctuary in a highly publicized stunt, prosecutors noted.

They also highlighted a video of the chaotic night at the refuge bunkhouse after the occupation leaders were arrested and the takeover's spokesman was shot and killed by police on Jan. 26, 2016. Patrick urged those remaining at the refuge to stay, while one suggested driving out in a government fire truck and another suggested leading a convoy to Idaho.

Patrick surrendered to the FBI early the next day and remained in custody until July 12.

Prosecutors said Patrick showed contempt for the court during pretrial hearings and his trial. He repeatedly failed to carry any identification necessary to enter the courthouse and told U.S. District Judge Anna J. Brown when he was late to court that he had no way to notify her and quipped that he'd communicate via carrier pigeon in the future.

Prosecutors are seeking extra time for Patrick's leadership role, and his possession of a gun on the refuge and a terrorism enhancement for the conspiracy conviction.

Patrick's lawyer objects to the enhancements, noting Patrick was never convicted of a firearms offense and didn't organize the takeover. Patrick's simple presence at the Dec. 29, 2015, meeting at a home in Burns where Bundy described his idea "is not evidence of any leadership role,'' his lawyer wrote.

Further, Kohlmetz wrote, "This case does not involve terrorism.''

"Mr. Patrick's intent in participating in the occupation was to draw attention to the plight of the Hammond family and to a lesser degree to support a lawsuit concerning the constitutionality of the federal government's ownership of lands,'' Kohlmetz wrote.

Kohlmetz also asked the court to more closely examine the Jan. 26, 2016 video.

"Of all the highly agitated, mentally unstable and outright insane people speaking, Mr. Patrick is the only voice urging that the remaining occupiers sit tight peacefully,'' Kohlmetz wrote.

Patrick's disdain for authority arises out of the death of his father from brain cancer when he was 12. His family suspects his father died from exposure to toxic chemicals during Vietnam. His divorce in 2013 also led to major depression, his sentencing memo said.

"He is an individual with very strong opinions, a desire to speak them, a distrust of authority figures and outright disdain for those who he feels are abusing their authority,'' the memo said. "This may make him difficult or perhaps exasperating to deal with. But it does not mean he is at risk for escalating into personal violence against others.''

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian