Tubbs.plea.Agreement.redacted

8/3/2019 Tubbs.plea.Agreement.redacted

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Marc P FriedmanOSB# 89244Law Office sfMarc P Friedman, P.C.245 West 13 AvenuePO Box 1 1167Eu ene, Ore on 9744054 f-686-489554 1-344-6254 (Fax)n~pfriedi~~a@$yahoo.com

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF OREGON

UNITED STATES OF AMERICA, )plaintiff, ) case NO:0 6 - 600% -/ AA-

v. 11 PETITION TO ENTER PLEA OF GUILTY,) CERTIFICATE OF COUNSEL AND) ORDER ENTERING PLEAKEVIN TUBBS, 1Defendant.

The Defendant represents to the court:1. My name is Kevin Tubbs. I am 3 7 years old. I attended school up to and

including graduation from college.2. My attorney is Marc P. Friedman.3. My attorney and I have discussed my case fully. I received a copy of the

Information, or it has been read to me, and I discussed it with my attorney. My attorneyhas counseled and advised me concerning the nature of each charge, an y lesser-includedoffense(s), and the possible defenses that I might have in this case. I have been advisedand understand that the elements of the charges alleged against me to which I ampleading "GUILTY" are as follows:

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Count 1: Conspiracy to Commit Arson and Conspiracy to Destroy an Energy Facility inviolation of Title 18, United States Code, Section 371. tCount 2: Arson - Oakridge Ranger Station, in violation of Title 18, United States Code,Section 844(f) and (2).Count 3: Arson - Cave1 West, in violation of Title 18, United States Code, Section 844 (i)and (2).Count 4: Arson - BLM Wild Horse Facility, Bums, Oregon, in violation of Title 18, UnitedStates Code, Section Section 844(f), (i) and (2).Count 5: Attempted Arson - U.S. Forest Industries, in violation of Title 18, United StatesCode, Section 844(i) and (2).Count 6: Arson - Childers Meat Company, in violation of Title 18, United States Code,Section 844(i) and (2).Count 7: Arson- EPD Public Safety Station, in violation of Title 18, United States Code,Section 844(i) and (2).Count 8: Arson - Superior Lumber Company, in violation of Title 18, United States Code,Section 844(i) and (2).Counts 9 through 43- Romania Chevrolet Truck Center Vehicles, in violation of Title 18,United States Code, Section 844(i) and (2).Counts 44 through 56: Arson and Attempted Arson - efferson Poplar Farm, in violation ofTitle 18, United States Code, Section 844(i) and (2).

Count 1. In the District of Oregon, between October, 1996 and October, 2001,I conspiredwith two or more persons to commit offenses against the United States as more specifically setforth as to Count 1 in the document entitled Attachment 1, which is attached here to and made apart hereof.Counts 2-56. In the District of Oregon, I and other individuals unlawfdly and willfully caused,or aided and abetted the malicious damaging and destroying by means of fire and an explosivethe destruction of buildings and other real and personal property owned and possessed by theUnited States, buildings and other real and personal property used in interstate commerce and

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used in activities affecting interstate commerce, and vehicles used in interstate commerce andused in activities affecting interstate commerce as follows:

Count 2: Oakridge Ranger Station, Oakridge, Lane County, Oregon, October 30, 1996,property of the United States Forest Service, property owned and possessed by the UnitedStatesCount 3 : Cavel West, Redmond, Deschutes County, Oregon, July 2 1, 1997, property ofCavel West Inc, property used in interstate commerce and affecting interstate commerce.Count 4: Arson -BLM Wild Horse Facility, Burns, Harney County, Oregon, November 30,1997, property of Bureau of Land Management of the Department of the Interior, propertyowned and possessed by the United States.Count 5: Attempted Arson - U.S. Forest Industries, Medford, Jackson County, OregonDecember 22, 1998, property of U.S. Forest Industries, property used in interstate commerceand affecting interstate commerce.Count 6: Arson-Childers Meat Company, Eugene, Lane County, Oregon, May 9, 1999,property of Childers Meat Company, property used in interstate commerce and affectinginterstate commerce.Count 7: Arson- EPD Public Safety Station, Eugene, Lane County, Oregon, September 6,2000, property of Eugene Police Department - West University Public Safety Station,property used in interstate commerce and affecting interstate commerce.Count 8: Arson - Superior Lumber Company, Glendale, Douglas County, Oregon, January 2,2001, Superior Lumber Company, property used in interstate commerce and affectinginterstate commerce.Counts 9 through 43-Romania Chevrolet Truck Center Vehicles, Eugene, Lane County,Oregon, March 30,2001, vehicles used in interstate commerce and affecting interstatecommerce located at Romania Chevrolet Truck Center.Counts 44 through 56: Arson and Attempted Arson - efferson Poplar Farm, Clatskanie,Columbia County, May 2 1,2001, property of the Jefferson Poplar Farm, property used ininterstate commerce.

As more specifically set forth as to Counts 2-56 in the document entitledAttachment 1, which is attached here to and made a part hereof.

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doubt and by the unanimous vote of twelve jurors;The right to have the assistance of an attorney at all stages of the proceedings;The right to use the power and process of the court to compel the production ofevidence, including the attendance of witnesses in my favor;The right to see, hear, confront and cross-examine all witnesses called to testifyagainst me;The right to decide for myself whether to take the witness stand and testify, and if Idecide not to take the witness stand, 1 understand that no inference of guilty may bedrawn from his decision; andThe right not to be compelled to incriminate myself.

I know that if I plead "GUILTY" there will be no trial before either a judge or a jury andthat I will not be able to appeal from the judge's denial of any pretrial motions I may havefiled concerning matters or issues not related to the court's jurisdiction.In this case I am pleading "GUILTY" under Rule I 1(c)(l)(B) pursuant to a pleaagreement. My attorney has explained the effect of my plea under Rule 1 1 to be asfollows:

I plead guilty under Rule 1l(c)(l)(B); therefore, although thejudge will consider the recommendations and agreements of both theprosecution and the defense attorneys concerning sentencing, the judge isnot obligated to follow those recommendations or agreements. If thejudge imposes a sentence different from what I expected to receive underthe terms of my plea agreement with the prosecutor, I do not have a rightto withdraw my plea.

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3 Q PETITION TO ENTER PLEA OF GUIL TY, CE RTIF ICAT E OF COUNS E L AND ORDE R E N T E RN 3 P L E A Page 6 of 10

I know the maximum sentence which can be imposed upon me for the crime ofConspiracy (Count 1) to which I am pleading "GUILTY" is the maximum sentence is five(5) years imprisonment, and a fine of $250,000, and to the crime of Arson (Counts 2-56)to which I am pleading "GUILTY" is there is a maximum sentence of 20 yearsimprisonment, a mandatory minimum of 5 years, and a fine of $250,000.I know that the judge, in addition to any other penalty, will order a special assessment asprovided by law in the amount of $100.00 per count of conviction.I know that if I am ordered to pay a fine, and I willfully refuse to pay that fine, I can bereturned to court, where the amount of the unpaid balance owed on the fine can besubstantially increased by the judge and I can be imprisoned for up to one year.My attorney has discussed with me the Federal Sentencing Guidelines. I know that theFederal Sentencing Guidelines are advisory, not mandatory. I also know that thesentencing judge, in determining the particular sentence to be imposed, must considerthose factors set forth in Title 18, United States Code, Section 3553(a), including but notlimited to: the nature and circumstances of the offense, my own history andcharacteristics, the goals of sentencing (punishment, deterrence, protection andrehabilitation), and the sentencing range established by the advisory Guidelines.

If my attorney or any other person has calculated a guideline range for me, I know that thisis advisory and is but one of the factors that the judge will consider in making a finaldecision as to what sentence will be imposed. I also know that a judge may not impose asentence greater than the maximum sentence referred to in paragraph 10 above.I know from discussion with my attorney that, under the Federal Sentencing Guidelines,if I am sentenced to prison, I am not entitled to parole. I will have to serve the full


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sentence imposed except for any credit for good behavior that I earn. I can earn credit forgood behavior in prison at a rate of up to 54 days for each year of imprisonment served.Credit for good behavior does not apply to sentence of one year or less.

15. I know that if I am sentenced to prison, the judge will impose a term of supervised releaseto follow the prison sentence. During my supervised release term I will be supervised bya probation officer according to terms and conditions set by the judge. In my case, a termof supervised release on Counts 1-56 can be 2-3 years.

16. I know that in addition to or in lieu of any other penalty, the judge can order restitutionpayments to any victim of any offense to which I plead guilty. I am also informed that,for certain crimes of violence and crimes involving fraud or deceit, it is mandatory thatthe judge impose restitution in the full amount of any financial loss or harm caused by anoffense. If imposed, the victim can use the order of restitution to obtain a civil judgmentlien. A restitution order can be enforced by the United States for up to twenty (20) yearsfrom the date of my release from imprisonment, or, if I am not imprisoned, twenty (20)years from the date of the entry of judgment. If I willfully refuse to pay restitution asordered, a judge may re-sentence me to any sentence which could originally have beenimposed.

17. On any fine or restitution in an amount of $2,500 or more, I know that I will be requiredto pay interest unless that fine or restitution is paid within fifteen (1 5) days from the dateof the entry of judgment.

18 . If I am on probation, parole, or supervised release in any other state or federal case, Iknow that by pleading "GUILTY" in this court my probation, parole or supervised releasemay be revoked and I may be required to serve time in that case, which may be

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consecutive, that is, in addition to any sentence imposed on my in this court.19 . If I have another case pending in any state or federal court, I know that my Petition and

Plea Agreement in this case does not, in the absence of an express and written agreement,apply to my other case(s), and that I can be faced with consecutive sentences ofimprisonment.

20. My plea of "GUILTY" is not the result of force, threat, or intimidation.2 1 . I hereby request that the judge accept my plea of 'GUILTY" to the following counts:

Counts 1-56.22. I know that the judge must be satisfied that crimes occurred and that I committed those

crimes before my plea of 'GUILTY" can be accepted. With respect to the charges towhich I am pleading "GUILTY," I represent that I the acts set forth in Attachment 1 aretrue and that the government can prove the facts set forth in Attachment 1.

23.1 offer my plea of "GUILTY" freely and voluntarily and of my own accord and with afull understanding of the allegations set forth in the Information, and with a fullunderstanding of the statements set forth in this Petition and in the Certificate of myattorney that is attached to this Petition.

SIGNED by my in the presence of my attorney, after reading all of the foregoing pagesand paragraphs of this Petition on this mfh ay of July, 2006.

&kd4&(Kevin Tubbs, Defendant

PETITION TO ENTER PLEA OF GUILTY. CERTIFICATE OF COIJNSEL AND ORDER E NT E R W G PIXA P a ~ e of 1 0


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CERTIFICATE OF COUNSELThe undersigned, as attorney for Defendant, hereby certifies:

I have fully explained to the Defendant the allegations contained in theIndictment/Information in this case, any lesser-included offenses, and the possible defenseswhich may apply in this case.I have personally examined the attached Petition to Enter Plea of Guilty and Order EnteringPlea, explained all of its provisions to the Defendant and discussed fully with the Defendantall matters described and referred to in the Petition.I have explained to the Defendant the maximum penalty and other consequences of enteringa plea of guilty described in paragraphs (6)-(23) of the Petition, and I have also explained tothe Defendant the applicable Federal Sentencing Guidelines.I recommend that the Court accept the Defendant's plea of "GUILTY," signed by me in thepresence of the above-named Defendant and after full discussion with the Defendant of thecontents of the Petition to Enter Plea of Guilty, and any Plea Agreement, on thiszdYay of July, 2006. 4%1hy

Marc P. F 'edman, OSB #8924Attorney for Defendant I

CERTIFICATE OF COUNSEL

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1 ORDER EN TERING PLEA2 I find that the Defendant's plea of 'G UIL TY" has been made freely and voluntarily3 and not o ut of ignoran ce, fear, inadvertence or coercion. I further find the Defendant has4 adm itted facts that prove each of the necessary elemen ts of the crimes to which the Defendant5 has plead "GUILTY."67 IT IS THER EFOR E ORDER ED that the Defendant's plea of "GUILTY" be acceptedg and entered as requested in this P etition and a s recomm ended in the C ertificate of D efendant's

attorney.10 DATED this 20 day of July, 2006.11 L&

Ann Aiken, District Court Judge

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U.S. Department of JusticeKarin J. lmmergutUnited States AttorneyDistrict of Oregon

July 19, 2006

Mr. Marc P. FriedmanAttorney at LawP.O. Box 11 6 7Eugene, Oregon 97440Re: United States v. Kevin Tubbs Case No. CR 06-60070-1-AAPlea Agreement - REDACTED VERSION

Dear Counsel:1. PartieslSco~e:This p lea agreeme nt is between this United States Attorney's Office forthe District of Oregon (USAO ) and de fendant, and thus does not bind any other federal,state, or local prosecuting, administrative, or regulatory authority except as otherwiseidentified in this agreemen t. This agreemen t does not apply to any charges other thanthose specifically mentioned herein.2. Charcles and Penalties: Defendant agrees to plead guilty to Counts 1 through 56 ofthe Information as follows:

Count 1: Conspiracy to Commit Arson and Conspiracy to Destroy an EnergyFacility of the United States, in violation of Title 18, United States Code, Sec tion 371 .The max imum sentence is 5 years imprisonmen t, a fine of $25 0,000, a 2 to 3 yearperiod of supervised release and a m andatory $100 fee assessment.Count 2: Arson - Oakridge Ranger Station, in violation o f Title 18, United StatesCode , Section 844(i). The m aximum sentence is 20 years imprisonm ent, a mandatoryminimum of 5 years, a fine of $250,000, a 2 to 3 year period of supervised release anda m andatory $100 fee assessment.Count 3: Arson - Cavel West, in violation of Title 18, United States Code, Sec tion844(i). The maximum sentence is 20 years imprisonment, a mandatory minimum of 5years, a fine o f $250,000, a 2 to 3 year period of supervised release and a mandatory$100 fee assessment.Count 4: Arson - BLM Wild Horse Facility, Burns, Oregon, in violation o f Title 18,United States Code, Section 844(i). The m aximum sentence is 20 years imprisonmen t,a m andatory minimum of 5 years, a fine of $250,000, a 2 to 3 year period of supervisedrelease and a mandatory $100 fee assessment.


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Marc P. FriedmanU.S. v. Kevin Tubbs - Plea AgreementJuly 19 , 2006Page 2Count 5: At tempted A rson - U.S. Fo re st Ind us trie s, in violation of Title 18, UnitedStates Code, Section 844(i). The maxim um sentence is 20 years imprisonment, amandatory minimum of 5 years, a f ine of $250,000, a 2 to 3 year period of supervisedrelease and a mandatory $100 fee assessment.Coun t 6: A r s on - C hild ers Mea t Com pan y, in violation of Tit le 18, United StatesCode , Section 844(i). The m aximum sentence is 20 years imprisonm ent, a mandatoryminimum of 5 years, a f ine of $250,000, a 2 to 3 year pe riod of supervised release anda m andatory $100 fee assessment.Coun t 7: A r s on - EPD Pu blic Safe ty S tation , in violation of Title 18, United StatesCode , Section 844(i). The m aximum sentence is 20 years imp risonment, a m andatoryminimum of 5 years, a fine of $250,000 , a 2 to 3 year period of supervised release anda m andatory $100 fee assessment.Coun t 8: A r s on - Su pe rior L um be r Com pan y, in violation of Tit le 18, United StatesCode, Section 844(i). The m aximum sentence is 20 years imprisonm ent, a mandatoryminimum o f 5 years, a fine of $250,000, a 2 to 3 year period of supervised release anda mandatory $100 fee assessment.Coun ts 9 t h r ough 43 - Rom ania Che vrolet Tru ck Ce nter Vehicles, in violation ofTitle 18, United States Code, Section 844(i). The m aximum sentence is 20 yearsimprisonment, a m andatory minimum of 5 years, a fine of $250,000 , a 2 to 3 yearperiod of supervised release and a m andatory $100 fee assessment.Counts 44 t h rough 56: Arson and A t tempted Arson - Jef ferson Pop lar Farm, inviolation of Title 18, United States Code, Section 844(i). The maxim um sentence is 20years imprisonment, a m andatory minimum of 5 years, a fine of $250,000, a 2 to 3 yearperiod of supervised release and a m andatory $100 fee assessment.Defendant agrees to pay the fee assessme nt applicable to each of the above counts bythe time of entry of guilty plea or explain to the court why this cannot be do ne.Defendant will pay mandatory restitution as ordered by the court.

3. Fa ctu al Bas is: The factual basis for each count is attached hereto and by thisreference incorporated herein as Attachm ent I, hich defendant agrees the USAO canprove beyond a reasonable doubt.4. Di sm iss al/N o Pro se cu tion : The USAO will move to dismiss all remaining charges atthe time o f sentencing. The USA O further agrees not to bring additional chargesagainst defendant for offenses relating to a rson, conspiracy, conspiracy to comm itarson, or destruction of an energy facility in which defendant may have been involveddirectly or indirectly up to and including December 11, 2005, which took place in theDistrict of Oregon.


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Marc P. FriedmanU.S. v. Kevin Tubbs - Plea AgreementJuly 19, 2006Page 3Resolution of Sentencinq Issues: In addition to waiving the right to a jury trial on theissue of guilt, defendant knowingly and voluntarily agrees that sentencing issues in thiscase need not be alleged in a grand jury indictment, proven to a trial jury, or p rovenbeyond a reasonable doubt. Defenda nt also knowingly and voluntarily consents tojudicial fact-finding and resolution of any and all sentencing issues. Defendant andgovernm ent agree that the guidelines calculations should be derived from the UnitedStates Sentencing Comm ission Guidelines Manua l with effective date of Novemb er 1,2000 a nd further that the combined offense level for defendan t requires a 5 levelincrease pursuant to 53D1.4 of that manual. The defendan t and governmentunderstand and agree that the cou rt will consider 1 8 U.S.C. 3 553(a) in determining theappropriate sentence in this case .Guideline Enhancement:The USAO will recomm end the terrorism gu idelineenhancement found in U.S.S.G. S3A1.4 because the felony offenses either involved orwere intended to p romote a federal crime of terrorism.bnravatinq Role:The USAO will recommend that defendant receive a 2 levelincrease for his role as a leader in the offense unde r the p rovisions of U.S.S.G. 3 B l.Ic).Acceptance: The USAO agrees to recommend a 3 level reduction for acceptance ofresponsibility if defendant's offense level is 16 or greater; otherwise a 2 level reductionapplies pursuant to U.S.S.G. 3E1.I.he USAO reserves the right to change or om itthis recomm endation if defendan t, between plea and sentencing, commits any new oradditional violation of law, obstructs or attempts to obstruct justice or acts inconsistentlywith accep tance of responsibility.REDACTEDREDACTEDUSAO Sentence Recommendation: The sentence to be recommended by thegovernment in this case is based on the nature and circumstances of the offense andthe h istory and characteristics of the defendan t; the need for the sentence to reflect theseriousness of the offense, to prom ote respect for the law and to provide justpunishment for the offense; to afford adequate deterrence to criminal conduct; toprotect the public from further crimes of the defendant; and to provide a just and fairsentence for this defendan t in relation to and in com parison with all of the defendant'sco-conspirators.Waiver of A~~ealIPost-Convictionelief Defendant knowingly and voluntarilywaives the right to appeal from any aspect of the conviction and sentence on an ygrounds unless the sentence imposed exceeds the statutory maximum, the courtimposes an upward departure pursuant to P art 5K of the Sentencing Guidelines, or the


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Marc P. FriedmanU.S. v. Kevin Tubbs - Plea AgreementJuly 19, 2006Page 4court exercises its discretion unde r 18 U .S.C. 3553(a) to impose a sentence whichexceeds the adv isory guideline range. Shou ld defendant seek an appeal, despite thiswaiver of that right, the USAO m ay take any position on any issue on appeal.Defendant also waives the right to file a motion pursuan t to 28 U.S.C. 2255 to setaside the conviction and sentence , except on grounds o f ineffective assistance ofcounsel, new ly discovered evidence, or a retroactive change in the applicableguidelines or statute.Court Not Bound: The court is not bound by the recommendations of the pa rties or ofthe P resentence Report (PSR) writer. Because this agreem ent is made under Rule1I c)(l) (B ) of the Federal Rules of Criminal Procedure, defendant may not withdrawany guilty plea or rescind this plea agreem ent if the cou rt does not follow theagreements or recommendations herein.Full Disclosure/Reservation of Rights: The USA O will fully inform the PSR writer andthe cou rt of the facts and law related to defendan t's case. Except as set forth in thisagreem ent, the pa rties reserve all other rights to m ake sentencing recom mendationsand to respond to motions and arguments by the opp osition.Breach of Plea Agreem ent: If defendan t breaches the terms o f this agreemen t, orcomm its any new violations of law be tween signing this agreemen t and sentencing, theUSAO is relieved of its obligations under this agreem ent, but defendant may notwithdraw any guilty plea.REDACTEDREDACTEDTotal Aareement: This letter states the full extent of the agreement be tween theparties. There are no other promises or agreements, express or implied. If defendan taccepts this offer, please sign and a ttach the original of this letter to the Petition toEnter Plea. Sincerely,

KARIN J. IMMERGUTUnited States Attorney

KIRK A. ENG DALLAssistant U .S. AttorneyI have read this agreem ent carefully and reviewed every pa rt of it with m y attorney. Iunderstand the agreemen t and voluntarily agree to it. I am sa tisfied with the legal assistance


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Marc P. FriedmanU.S. v. Kevin Tubbs - Plea AgreementJuly 19 , 2006Page 5

provided to m e by m y attorney.

Date KEVIN TUBBSDefendant

I represent defendant as legal counse l. I have ca refully reviewed every part of thisagreem ent with defendant. To my knowledge defendant's decision to enter into thisagreem ent is an informed and vo luntary one.

Date MARC P. FRIEDMANAttorney for Defendant


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ATTACHMENT 1United States vs. Kevin TubbsCount 1: Conspiracy to Commit Arson and Destruction an Energy Facilityof theUnited States:

Beginning in October 1996 and con tinuing through O ctober, 2001, in the Districtof Oregon and elsewhe re, Josephine Sunshine Overaker, Kevin Tubbs, StanislasGregory Meyerhoff, Daniel Gerard McG owan , Joseph D ibee, Rebecca Rub in, ChelseaDawn Gerlach, Kendall Tankersley, Suzanne Savoie, Jonathan Christopher Mark Paul,Darren Todd Thurston, Na than Fraser Block, Joyanna L. Zacher, Jacob JeremiahFerguson, Jennifer Lynn Kolar, William C. Rodgers and o ther persons, willfully andknowingly conspired and ag reed to m aliciously damage or destroy, or attempt todamage or destroy, by m eans of fire, buildings, vehicles and other personal and rea lproperty owned in whole o r in part or possessed by, or leased to, the United States orany department or agency thereof, and or used in interstate comm erce or in any activityaffecting interstate comm erce; and to knowingly and willfully damage and a ttempt todamage the property of an energy facility of the United States involved in thetransmission of electricity.The conspiracy was accom plished by the defendant and the others nam edabove, when certain of the defendants and others joined toge ther in a group they calledthe "Family." This "Family" was what is commonly known as a "cell" of groups andmovem ents publicly named and described by certain of the defendan ts and others asthe Earth Liberation F ront (ELF), the Animal Liberation Front (ALF), and other names.The primary purposes of the conspiracy were to influence and affect the conduct

of government, commerce, private business and others in the civilian popu lation bymeans of force, violence, sabo tage, destruction of p roperty, intimidation and coercion,and by similar means to retaliate against the conduct of governmen t, commerce andprivate business. To achieve these purposes, some of the conspirators committed andattempted to commit acts potentially dangerous to human life and property thatconstituted violations of the criminal laws of the United States and of individual states.Some of the defendan ts and others targeted for arson, buildings, vehicles andother real and personal property owned, possessed, and leased by the U nited Statesand its departments and agencies while others targeted for arson, buildings, vehiclesand other real and personal property used in interstate comm erce and in activities

affecting interstate comm erce; and still others targeted energy facilities of the UnitedStates for damage and destruction.The defendant and others conducted and participated in meetings to plan arsonsof the targeted sites. Several of these mee tings were called "Book C lub" meetings bythe defendants and others and occurred at distant locations. The "Book Club" meetingscovered subjects such as lock-picking, compu ter security, reconnaissance o f targets,


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and m anufacture of timing devices to set off improvised incendiary devices.Some of the defendants and others conducted research and surveillance of sitestargeted for arson and discussed their actions among themselves by using code w ords,code names , and nicknames. The phrase "direct action" was used to include arsons -and other acts of destruction.In preparation for the actions, the conspirators designed and constructeddestructive devices which functioned as incendiary devices to ignite fires and des troythe targets for arson and provided transportation to the loca tions of the arson targets.During the course of the "direct actions" the defendant and others d ressed indark clothing, wore m asks and gloves and otherwise disguised their appearance.Some of the conspirators acted as "lookouts" to ensure secrecy as the crimes werecarried out, and some p laced destructive devices and acceleran ts at sites targeted forarson and ignited or attempted to ignite the devices and accelerants.In some of the arsons and attempted arsons, certain of the defendants andothers painted messages on the walls of the targets, including "Earth Liberation Front,""ELF" and related nam es and statements concerning the purposes of the c rimes.After the arsons and attempted arsons, the defendants and others destroyed,buried, hid and otherwise disposed of physical evidence used in the comm ission of thecrimes and thereafter publicized and promoted the results of the fires by means ofwritten press releases and comm uniques which attributed the arsons to the EarthLiberation Front (ELF), the Anima l Liberation Front (ALF) and related groups, andstated the purpose of the arsons.Before, during and after the arsons, attempted arsons, and destruction of anenergy facility, some of the defendants and others agreed am ong themselves never toreveal to law enforcement authorities or to anyone else outside "the Family" the iden tityof the conspirators and participants in the arsons and attempted arsons and agreedamong themselves to conceal or destroy any evidence connecting them to the arsonsand attempted arsons. Some of the defendants and others possessed and/or usedfalse iden tification documents in order to conceal their true identities and after thearsons and attempted arsons, some o f the defendants and others fled and secretedthemselves in foreign countries in order to avoid detection and arrest by lawenforcement authorities in the Un ited States.

Count 2: Arson - Oakridge Ranger StationOn O ctober 30, 1996, Kevin Tubbs, Jacob F erguson and Josephine SunshineOveraker traveled to a staging area near the United States Department of Agriculture,Forest Service, Oakridge R anger Station, located nea r Oakridge, in the District ofOregon. Tubbs drove the vehicle with Ferguson and Overaker as passengers. At thestaging area, Tubbs dropped off Ferguson and Overaker and waited with the parked


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vehicle. While Tubbs waited for Ferguson and Overake r to complete the arson of theranger station, Ferguson and O veraker placed incendiary devices around the rangerstation building. Once com pleted with the placement of the devices, Ferguson andOveraker rejoined Tubbs at the vehicle and Tubbs drove them back to Eugene, Oregontaking a circuitous route to avoid law enforcement detection. The incendiary devicesfunctioned and caused the ranger station to be destroyed by fire. The building andother real and personal property were ow ned and possessed by the Un ited States andthe United States Forest Service of the Depa rtment of Agriculture.Count 3: Arson - Cavel West

Prior to July 21, 1997, Kevin Tubbs had read an a rticle regarding the Cavel WestMea t Packing Plant at 1607 SE R ailroad, Redmond, in the D istrict of Oregon,slaughtering wild horses. Tubbs pe rformed research of that plant. Tubbs traveled toRedm ond, Oregon in his van which was registered in his false name of R onaldCalloway. Once locating the meat packing facility, Tubbs performed a reconnaissanceof the facility to determine wha t kind of damage he could cause a t the facility. AfterTubbs returned to Eugene , Oregon, he contacted Joseph Dibee and discussed thepossibility of damaging the facility. Tubbs then contacted Jacob Ferguson andrequested Ferguson's assistance in damaging the m eat packing plant. Sometime later,but prior to July 21, 1997, Tubbs, Ferguson and D ibee traveled to Redmond, Oregonand performed a reconnaissance of the Cave l West Plant. After the reconnaissanceand their return to E ugene, Oregon, the three determined that it would take m ore thanthree people to comm it the arson at that location. Dibee told Tubbs that Dibee wouldrecruit Jonathan Paul to assist in the arson at Cavel West. Prior to July 21, 1997,Tubbs, D ibee and Fe rguson met with Paul and Jennifer Kolar. Tubbs, D ibee andFerguson were upset with Pau l for bringing Kolar prior to K olar having bee n approvedfor the direct action. Once it was decided to go ahead with the arson with Kolar, they alltraveled to a staging area near Redmond, Oregon. Once at the staging area theyrealized that their two-way radios had no batteries. They decided to scrub the missionfor that night and to return to Eugene, Oregon. The following day, radio batteries werepurchased and Tubbs, Dibee, Ferguson, Paul and Kolar traveled back to the stagingarea near Redmond, Oregon in Tubbs' van and in Paul's vehicle. Again, at the stagingarea, all the consp irators put on dark clothing, performed a radio check and d ug a holein which to place their dark clothing after the arson. All five then drove towards theCavel West plant in Tubbs' van. They arrived in Redmond, Oregon on July 21,199 7and parked in a parking lot near the C avel West plant. Tubbs remained with the vanand served as a lookout while the others went over to the plant and placed theincendiary devices. Tubbs also m onitored police radio traffic on a police scanner. Afterthe incendiary devices h ad be en placed and the others h ad returned to the van, Tubbsdrove everyone back to the staging area. They a ll took off their dark clothing andplaced it in the p repared hole. Muriatic acid was poured over the clothing and thencovered with soil. Tubbs, D ibee and Ferguson left Paul and Kolar and returned toEugene, Oregon. The incendiary devices functioned and destroyed the mea t packingplant building by fire. Tubbs wrote the majority of the com mun ique which claimedresponsibility for the fire and m ailed the communique to the Oregonian newspaper.


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The Ca vel Wes t Mea t Packing buildings and other real and personal property wereused in interstate comm erce and in activities affecting interstate comm erce.Count 4: Arson - BLM Wild Horse Facility, Burns, Oregon

Prior to November 30, 1997, Kevin Tubbs, Jacob F erguson and William Rodgerstraveled to the United States Bureau of Land Managem ent Wild H orse and BurroFacility, Burns, Ha rney County, in the D istrict of Oregon to pe rform a reconnaissance ofthat facility. Tubbs, Ferguson and Rodgers discussed plans for releasing the horsesfrom the corrals and setting fire to the facilities. Immediately prior to N ovember 30,1997, Tubbs drove w ith Ferguson , Rodgers, Josephine Sunshine Ove raker andRebecca Rubin to a gate at the front of the facility. Ferguson, Rodge rs, Overaker andRubin were dropped off at that location while Tubbs rema ined with the vehicle andserved as a lookout. Tubbs and the others had two-way radios with which to ma intaincontact. Tubbs also had a police scanner to monitor police dispatcher radio traffic sothat he and the others could avoid being detected by law enforcemen t. The otherswere to release the horses from the co rrals and to place the incendiary devices at thefacility. Tu bbs received word over his two-way radio that Fe rguson, R odgers, Overaker,and Rubin had completed releasing the horses and setting the incendiary devices.Tubbs returned to the front gate, picked up the others and traveled back to Eugene,Oregon. The incend iary devices functioned and destroyed the facility. The bu ildingsand other real and personal property were used in interstate commerce and in activitiesaffecting interstate commerce and were owned and possessed b y the United Statesand the Bu reau of Land Managem ent of the D epartment of the Interior.Count 5: Attempted Arson - U.S. Forest lndustries

Several weeks prior to December 22,1998, Kevin Tubbs, Jacob Ferguson,Kenda ll Tankersley and ano ther performed a reconnaissance and a dry run of the U.S.Fores t lndustries facilities at 261 1 Whittle Avenue, M edford, Jackson Coun ty, in theDistrict of Oregon , in preparation for an arson at that location. On Decem ber 22, 1998,Tubbs drove Ferguson and Tankersley to U.S. Forest lndustries and dropped o ffFerguson and Tankersley. Tubbs remained at the van and served as a lookout.Ferguson and Tankersley placed time delayed incendiary devices about the facility andrejoined Tubbs. Tubbs then drove them all back to Eugene, Oregon. The devicesfailed to function. Tubbs did not hear that the arson had been successful and traveledto Nebraska for the Christmas holiday. The bu ildings and other real and personalproperty were used in interstate comm erce and in activities affecting interstatecommerce.Count 6: Arson - Childers Meat Company

Prior to M ay 9, 1999, Tubbs performed research of the C hilders Meat Company,located at 29476 Airport Road, Eugene, Lane County, in the D istrict of Oregon. Tubbsselected that facility as an a rson target and performed a reconnaissance at that locationwith Jacob Fe rguson. The night of the arson, May 9, 1999, after meeting at a staging


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area and leaving other vehicles at that location, Tubbs drove Jacob Ferguson, StanislasMeye rhoff, Chelsea G erlach and others to Childers Meat Company facility. Tubbsparked the van and served as a lookout for the others. Tubbs had a two-way radio andmon itored a police scanner to avoid detection by law enforcemen t. Once the deviceshad bee n placed around the facility by Ferguson and others, Tubbs picked up theothers and drove them back to where they had left their other vehicles. The incendiarydevices functioned and destroyed the Childers Mea t Com pany facilities. The bu ildingsand other real and personal property were used in interstate comm erce and in activitiesaffecting interstate comm erce.Count 7: Arson - EPD Public Safety Station

Prior to September 9,2 00 0, Tubbs was asked by Stanislas Meyerhoff andChelsea Gerlach to be a lookout for them for an arson that was being planned at theEugene Police West Un iversity Public Safety Station located at 791 East 13thAvenue,Eugene, Lane County, in the D istrict of Oregon. Tubbs agreed to be their lookout andon the night of the arson, September 9, 2000, Tubbs met with Gerlach and Meyerhoffnear the University of Oregon . Tubbs was told by Ge rlach and Meyerho ff to ride hisbicycle to a 7 -1 1 store ne ar the Police station and wa tch out for them. Tubbs arrived atthe 7-1 1 store with h is two-way radio to com mun icate with G erlach and Meye rhoff.Tubbs observed Meye rhoff place a bicycle next to the Substation. On the bicycle wasattached a backpack which contained an incendiary device. Tubbs also saw Gerlachplace a backpack which contained an incend iary, next to the building. After theincendiary devices were placed , Tubbs went back to his home. One of the devicesfunctioned and caused damage to the building by fire. One of the devices failed tofunction. The Eugene Police Department West University Public Safety Station buildingand other real and persona l property were used in interstate commerce and in activitiesaffecting interstate comm erce.Count 8: Arson-Superior Lumber Company

Prior to January 2,20 01 , Kevin Tubbs and Jacob Ferguson chose SuperiorLumber Company located at 2695 G lendale Valley Road, Glenda le, Douglas County, inthe D istrict of Oregon, as a target for an arson. On the night of the arson , January 2,2001, Tubbs d rove Ferguson, Stanislas Meyerhoff, Daniel McGowan an d SuzanneSavoie to Glendale, Oregon. Tubbs dropped Savo ie off at a phone boo th near theSupe rior Lumber Company facility. Savoie was to serve as a lookout on the south sideof the target. Tubbs then dropped off Mc Gowan on the north side of the facility wherehe served as a lookout. Ferguson and Meyerhoff were dropped off with the incendiarydevices at the facility. Tubbs drove a short distance away from the facility and waitedfor pick up instructions. Tubbs an d the others had two-way radios and Tubbs ha d apolice scanner to monitor law enforcement commun ications. Tubbs was notified byradio that the devices had been placed at the facility. Tubbs then went to pick upSavoie, Ferguson and Meyerhoff. On their way north from the facility, they picked upMcG owan from his designated location, and traveled back to Eugene , Oregon . Thedevices functioned and the S uperior Lumber Company facility was destroyed by fire.


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The Superior Lumber Com pany building and other real and personal property wereused in interstate comm erce and in activities affecting interstate comm erce.Counts 9 through 43: Arson - Romania Chevrolet Truck Center Vehicles

Prior to M arch 30,20 01 , Kevin Tubbs was asked by S tanislas Meyerhoff to be alookout at an arson at the R omania Truck Center located at 1425 Walnut Street,Eugene, Lane County, in the State and D istrict of Oregon. Tubbs ag reed to be alookout and on the night of the arson, M arch 30, 1999 , Tubbs traveled to the area of theUniversity of Oregon and walked u p to a parked van. Tubbs got into the van and m etMeyerhoff and William R odgers in the rear of the van. Tubbs was given a two-wayradio with which he could comm unicate with the other arson conspirators. Tubbs wasthen dropped off at a 76 gas station nea r the R omania Chevrolet Truck C enter facility.Tubbs hid behind some bushes and performed the duties of a lookout. After theincendiary devices were p laced around the vehicles at that facility, Tubbs was pickedup and once inside the van, observed co-conspirator Nathan Block. Tubbs was thentaken to the area of the Sunda nce Food Market in Eugene, Oregon a nd dropped off.The incendiary devices functioned and the Rom ania Chevrolet Truck C enter vehicleswere destroyed by fire. These vehicles and other real and personal property were usedin interstate comm erce and in activities affecting interstate commerce.

Counts 44 through 56 : Arson - Attempted Arson - Jefferson Poplar FarmPrior to M ay 21, 2001, Kevin Tubbs, Jacob Fe rguson, Stanislas Meyerhoff andChelsea G erlach performed a reconna issance to prepa re to com mit an arson at theJefferson Poplar Farm located at 791 14 Collins Road , Clatskanie, Colum bia Coun ty, inthe D istrict of Oregon . On M ay 21, 2001, Tubbs' co-conspirators placed incendiary

devices at that location and destroyed the facility by fire. The Jefferson Poplar Farmbuildings and other rea l and personal property were used in interstate commerce and inactivities affecting interstate com merce.Western District of Washington Case No. CR05-5828FDB

Prior to June 21, 1998, Kevin Tubbs and Jacob Ferguson performedreconnaissance in preparation to com mit arson at the National Wildlife ResearchFacility, at 9701 Blomberg Street SW, Olympia, Washington, which was then leased tothe United States of America. The day of the arson, June 21, 1998, Tubbs, Fergusonand Josephine S unshine Overaker drove to a hardware store in Tacoma, Washingtonto obtain items for the arson a t the wildlife resea rch facility. Wh ile Tubbs was wa iting inthe van near the hardware store, Overake r was arrested in that store for shoplifting.Tubbs and other co-conspirators believed that O veraker wou ld be too much of a risk tocontinue to involve her in the arson conspiracy. Tubbs and Ferguson met up withRodgers and drove to the research facility. Rodgers and Fe rguson placed theincendiary devices at that location and hand lit the devices. Tubbs drove F erguson andRodgers away from the facility. The devices destroyed the facility by fire. The bu ilding


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and other real and personal property used in interstate commerce and in activitiesaffecting interstate commerce and were possessed by the U nited States.

Documents

Tubbs.plea.Agreement.redacted