Eastern Washington Jury Convicts Three of Conspiring to Impede Federal Officers

SPOKANE, Wash. — A jury in the Eastern District of Washington convicted three defendants on May 28 of conspiring to impede and injure federal officers in the execution of their duties, the Justice Department announced the next day.

Karen Avery, Kaleb Cole and Brandon Rodriguez each face up to six years in prison after the jury returned guilty verdicts on one count of conspiracy under 18 U.S.C. § 372. The statute criminalizes two or more persons conspiring to prevent any officer of the United States from discharging official duties by force, intimidation or threat.

The trial stemmed from the defendants’ participation in the armed occupation of the Malheur National Wildlife Refuge that began in January 2016 and continued into 2017.

The three are the latest individuals held accountable for the 41-day takeover, which involved more than two dozen armed protesters who seized federal buildings and blocked access to refuge staff and law-enforcement personnel. Federal prosecutors presented evidence that the defendants coordinated to monitor and obstruct officers from the U.S. Fish and Wildlife Service and other agencies tasked with securing the property.

The convictions shift the case from pretrial litigation to sentencing. U.S. District Judge Thomas O. Rice has not yet set a date, but each count carries a statutory maximum of six years. The verdicts also activate standard post-conviction processes, including preparation of presentence investigation reports by the U.S. Probation Office and potential appeals to the Ninth Circuit.

Downstream, the outcome requires the Bureau of Prisons to allocate bed space and triggers forfeiture proceedings if any weapons or equipment seized during the occupation remain subject to judicial order. The Justice Department has used § 372 in at least four other prosecutions tied to the Malheur occupation since 2016; these convictions bring the total number of defendants convicted on the conspiracy charge to at least 12.

Congress has not amended the statute since its original enactment in 1934.

This is the second Malheur-related trial completed in the Eastern District of Washington this decade. Earlier cases in Oregon produced 26 guilty pleas or convictions; the current verdicts close one of the final remaining federal dockets stemming from the refuge takeover.

Primary sources: U.S. Department of Justice · 18 U.S.C. § 372