Appeals court orders new trial for Idaho man convicted in Nevada Bundy ranch standoff
On the same day that the U.S. 9th Circuit Court of Appeals refused to revive the federal government’s criminal case against Nevada rancher Cliven Bundy, it vacated the conviction of co-defendant Todd Engel, an Idaho man serving 14 years in prison for his actions during the infamous 2014 standoff at Bundy’s ranch.
The 9th Circuit ruled Thursday afternoon that a district judge in Nevada improperly refused to allow Engel to represent himself during the trial, at which a standby counsel was appointed to assist in his defense. The court ordered a new trial.
Engel wasn’t defiant and didn’t engage in blatantly outrageous conduct, the court found, such as threatening the judge or any juror. All he did was ask a question prejudicial to the government, and he should have been allowed to continue representation of himself, Judge Jay S. Bybee wrote for a three-judge panel.
Engel was found guilty by a jury in April 2017 of obstruction of justice and interstate travel in aid of extortion, and he was sentenced in July 2018 to 14 years in federal prison stemming from the first of three trials in the Bunkerville, Nevada, case — a result of the armed standoff that occurred after federal agents tried to round up Bundy’s cattle near the family ranch.
Bundy was in a dispute for years with the federal Bureau of Land Management over unpaid grazing fees. It grew to involve self-described militia members from 11 states who answered a Bundy family plea for help, Engel among them.
During a 32-day trial, evidence was presented showing that in April 2014, Engel went to Bunkerville with the intent to commit a crime of violence against federal law enforcement officers who were executing a federal court order. Engel, brandishing a loaded AR-15 assault rifle with extra ammunition in his tactical vest, hid behind concrete barriers on an Interstate 15 overpass and brandished his firearm at law enforcement to impede, intimidate and threaten, prosecutors said.
Engel received support from several Idaho Republican lawmakers as he kept fighting his conviction, including Lt. Gov. Janice McGeachin, who celebrated the 9th Circuit ruling on Twitter.
McGeachin wrote that she was happy the court “recognized the injustice done to Todd Engel and vacated his sentence. Idaho is waiting with open arms to welcome him home.” She also thanked everyone who “worked to see this matter resolved, including many legislators.”
The case is now remanded back to U.S. District Court, where Engel could have a retrial.