From: Public Lands for Public Use
To All,Today Leo Spatziani was arraigned in Federal Court in LA. He is the elderly gentleman that was with Bobby Parker on his privately owned 160 acres located in the Cima Dome portion of the Mojave National Preserve.
On Saturday Feb 12, 2005, Leo and Bobby were doing some water erosion repair on his property. Diverting water that has come down in our recent rains away from his cabin. On mid- afternoon that day NPS Rangers Wayne Dingman and Tim Duncan came onto the property trying to seize the property telling them that they were trespassing on federal land. Things heated up with verbal orders from Bobby for the rangers to leave his property. Bobby's 8 year old son was on the property also. Things became aggressive and ended with Leo and ranger Wayne Dingman both having weapons in their hands. Never did Leo point his weapon at the ranger, but ranger Dingman did have his gun
unholstered and aimed at Leo. All the time this was going on Bobby was having difficulty with Ranger Tim Duncan verbally. However, ranger Duncan did manage to get ranger Dingman to put his gun away. The rangers left the property and did not return. Bobby and Leo called me immediately after the situation and I sent an urgent email to Steve Ding with Congressman Pombo's Committee asking for immediate attention to this situation in the way of a investigation, and I left a voice mail for Rob Howarth, also on the Committee staff. I had a return call from Rob Howarth at approximately 8 am the next morning. I put Rob in touch with Leo and Bobby. Bobby filed charges against both rangers for trespassing and harassment, and stolen property ( that being a 1/2 mile of Bobby's fenceline taken down by NPS), on Monday morning with the San Bernardino County Sheriffs Office at their Barstow Station. He also contacted a private attorney. On Tuesday night, Feb 15th, a white Tahoe pulled up in front of Bobby's home in the San Diego area. Bobby, thinking that these two federal agents were sent via the Committee, spoke with them for approximately 2-3 hours. They asked if Leo would be willing to speak with them, so Bobby got Leo on the phone and a meeting place was decided upon. Leo spoke with them for approximately 1-2 hours at Peggy Sues Diner on Interstate 15 around Newberry Springs. Leo voluntarily told them his story of the incident. The investigators, Todd Swain and Paul Crawford, never gave any indication of what was going to happen as they all walked out of the diner. They arrested Leo (but did not mirandize him) and took him to LA for detention. This was around 1pm Wednesday, Feb 16th, 2005. He was held until today, Feb 18, 2005 , when he was arraigned in federal court. Ken, I, and Bobby Parker were present, as was Leo's wife and son-in-law. Between the time of the arrest and the arraignment Public Lands for Public Use scurried to find resources for criminal defense, and property rights experts. As all of you know when this process starts it becomes a frenzy of networking. Resources were obtained and advice was given to Leo's wife, but they chose to use their own judgment and follow the advice of a federal Public Defender. They did not give Leo the chance to make any decision for himself. The results of the wife and son-in-law's decision were as follows. Bail was set at a $20,000.00 signature bond. All of Leo's legally owned firearms were to be turned over to the Barstow Sheriffs Station via federal investigator Todd Swain. Leo is banned from all NPS land and cannot come near any NPS employees. He is also banned from any contact with Bobby Parker or any other witness or possible witnesses. His next court date is March 21, 2005, at which time a decision will be made whether to go to the Grand Jury for indictment, or possible reduction to a charge of assault against a federal officer. The prosecutor is a Mr. John Jons. Per the Public Defender this prosecutor will try to add a 924c (if Leo is found guilty this will add an additional 9 years to the 7- year sentence on the assault charge).Leo's public defender is hoping she can get the charges reduced to a misdemeanor. After the arraignment she was telling Bobby Parker he'd have to prove title to his private property . We at PLPU believe the burden of proof is on the Park Service, but Bobby can prove chain of title. Ken and I advised him to get an immediate restraining order against the Park Service, and use the resources made available to him. We at Public Land For Public Use are disappointed that the family chose the path that they did. This case, in our limited knowledge, is a winnable case if resources made available are used. Bobby Parker states he intends to fight to keep his private property and we hope he does, as others have also stepped up to fight with him, but time will tell. All our groups have worked so hard and donated so much time and energy on these cases; it is very frustrating when opportunity knocks that people do not open the door. The hardest thing for us to accept is that we can only offer resources; we can not make people use them. We don't know the outcome the decisions the family made will have on Leo's future. We at PLPU would feel a whole lot better if the family chose to use what was offered to them. We very well know that our freedom and rights are not free and a constant vigil must be kept. But this is something that none of us can do for others. They need to reach down deep inside and find the courage to stand up. This story is ongoing, (indeed, this is not the first chapter) and will continue as the private property owners within the Mojave National Preserve are continually forced by NPS to defend their rights. There has been approximately 200 miles of fencing, and brass survey caps removed; much of this on private property. NPS has decided surveys using San Bernardino Base Meridian are invalid. The Park is doing new surveying, and is changing people's legal descriptions, then claiming these private landowner inholders are trespassing on federal land. There have also been recent cultural or environmental listings, in an apparent attempt to steal private property. While PLPU is a recreational activist group its seems we are being pulled into private property issues also. As the story continues we will try to keep an update going. The answers are out there but it takes courage and determination to find them and to win..
Ken & Jennifer Foster
Public Land For Public Use
Fighting To Preserve the
Freedom To Recreate In Our
Public Lands As Authorized
By Our Founding Fathers