Shawna Cox

Shawna Cox, pictured here speaking during the armed takeover of the Malheur National Wildlife Refuge. On Tuesday, March 29, 2016, a federal judge reminded Cox she's not permitted to speak publicly about the pending federal case against her, "or any further protest movements.''

(Beth Nakamura)

A federal judge Tuesday agreed to lift Shawna Cox's home detention and replace it with a curfew, but cautioned the 59-year-old defendant in the armed takeover of the Malheur National Wildlife Refuge not to make public comments about the pending case.

"She's not going to make any public comment, at all, period, or she could sit in jail,'' U.S. District Judge Robert E. Jones ordered.

Cox has been out of custody since her Jan. 29 release and listened to Tuesday's hearing via speaker phone from her home in Kanab, Utah.

The judge told Cox she must refrain from making any comments by phone or social media about her case "or any future protest movements.''

Tiffany Harris, Cox's lawyer, objected to the scope of the order, but said her client would abide.

Cox is one of 27 people facing federal indictment stemming in the refuge takeover. It began Jan. 2 and lasted 41 days. Ammon Bundy said he led the occupation to protest the return to prison of two Harney County ranchers and the federal control of public lands.

Cox was among the first to be released from custody Jan. 29, three days after she was arrested while traveling from the refuge in Harney County with occupation spokesman Robert "LaVoy" Finicum and three others in Finicum's truck to a community meeting in John Day.

FBI agents and state troopers stopped them Jan. 26 along U.S. 395 north of Burns. State police shot and killed Finicum when he got out of the truck and reached three times toward a jacket pocket, according to the FBI. He had a loaded 9mm handgun in the pocket, the FBI and state police said.

Cox has been indicted on two charges, federal conspiracy to impede officers at the wildlife refuge through intimidation, threats or force, and possession of firearms in a federal facility.

Shortly after her release, Cox was allowed to attend Finicum's funeral in Kanab. Otherwise, she was ordered placed on GPS monitoring, home detention that permitted her to leave home only for work, medical appointments, religious services or other activities permitted by a pretrial services officer. She also isn't permitted to possess any firearms and can only travel to Oregon for court.

Assistant U.S. Attorney Craig Gabriel said Tuesday that Cox "has incited people to travel to Montana to help in harboring'' co-defendant Jake Ryan, who has not yet been arrested.

Cox also went on a YouTube video on March 23 for more than an hour talking about the pending case and who she believed to be a government informant, Gabriel said.

Harris said her client is a 59-year-old grandmother who uses Facebook "to communicate with the world.''

Judge Jones said he didn't want Cox speaking by phone or on her Facebook account or any social media about the case or other protests.

"You understand that Ms. Cox?'' the judge asked.

"I do,'' she replied.

"And , you agree to that?'' Jones asked.

"I do,'' Cox said.

The judge said he was satisfied that a curfew could replace home detention during her pretrial release.

Cox and her attorney argued in court papers that she is primarily responsible for helping tenants with repairs and maintenance on family-owned rental properties because her husband had recent heart surgery and isn't as mobile or active as he's been in the past. She and her husband own and operate several small businesses, including a car dealership and a handful of rental properties, her lawyer wrote in court papers.

"It has been a hardship for Ms. Cox to adhere to a pre-approved home detention schedule because her livelihood depends upon her ability to address situations that are unplanned and unpredictable,'' Harris wrote in a motion to the court.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian