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Naples general store where
Weavers bought supplies (David Lohr)
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On December 13, 1990, Randy Weaver was indicted on federal firearms
charges. Federal agents decided it was too risky to confront
Randy at his home, so they decided to wait him out. A neighbor
of Randy's agreed to cooperate and was provided with a walkie-talkie
so that he could inform agents whenever Randy was spotted coming down
the mountain. On January 17, 1991, agents received the call they
had been waiting for: Randy and Vicki were on their way down the
mountain to buy supplies.
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As the Weavers made their way down the winding mountain roads, they
spotted a pickup truck with a camper shell parked on the bridge that
crosses Ruby Creek. The hood of the vehicle was up and a man and
a woman appeared to be looking under it. Randy pulled off to the
side and decided to see if he could help the couple.
As Randy looked under the hood, he felt the cold hard steel of a
pistol against the back of his neck. He spun around, knocked
away the pistol, and reached for a .22-caliber pistol he kept in his
pocket. Before he could pull out his weapon, several federal
agents that had been waiting inside the camper of the truck tackled
Randy. Vicki ran back towards the truck to grab a .38-caliber
handgun, however she was quickly tackled by a female agent and thrown
face first into a snow bank. After the agents read Randy his
rights, he looked at the agent who had posed as the motorist and said,
"Nice trick; you'll never do that again.”
Randy was placed in the Boundary County jail and appeared in court
for his arraignment the following day before U.S. Magistrate Judge
Stephen Ayers. No one was present for the government at the
arraignment, nor did counsel represent Randy. He pleaded not
guilty to the charges against him and his bail was set at $10,000.
Ayers then made a drastic mistake that most likely prompted all of the
forthcoming events. “Well, you need to understand that…if
you're found guilty of this charge, you will probably be required to
reimburse the government for the cost,” Ayers said. He then
read a pretrial report, which concluded that Randy's only real asset
was his land, which had been assessed at $20,500. Following the
arraignment Randy was set free on bail. The way Ayers had
mistakenly explained the procedure, Randy walked away convinced that
no matter what he did, the government was going to take his land from
him. Out on bond, Randy went back to his cabin and debated his
next move.
On January 22, 1991 Randy received a letter stating that his court
date was scheduled for March 20, 1991, however the letter contained
one crucial error - the actual date was February 20, 1991. It is
unknown why Randy was provided with the wrong date and it has since
been declared a typographical error. When Randy failed to show
up at his February hearing, US Attorney Ron Howen asked Judge Harold
Ryan to declare Randy Weaver a federal fugitive. Even though
both men had just been informed of the date mix-up, Ryan agreed with
Howen and issued an arrest warrant for Randy. The warrant was
then turned over to the US Marshals, whose job is to seek federal
fugitives and process federal prisoners while they are in transit or
at trial.
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