In Harney County, residents ready to move on
Harney County Judge Steven Grasty watched as a news crew from a Portland TV station cornered people in Burns a couple weeks back, asking for reaction to the confounding news that the Malheur Wildlife Refuge occupiers had been acquitted.
He half expected his constituents to complain about the jury because the case had seemed so obvious to many county residents, who endured a 41-day occupation by armed men who came from elsewhere and disrupted their lives.
But he said county residents told the TV news crew, “Look, we’re sick of this stuff. We’re moving on.”
Grasty liked that response. The verdict, he said, was not worth more argument. “It is what it is,” he said. “It’s a system that works whether you like it or dislike it. Were they the right charges? There’s lots of Monday morning quarterbacking about that.”
But in the criminal justice system, he said, “You don’t get a re-do.”
Grasty is moving on, too. He’d said earlier this year that this would be his last go-round as county judge, and he didn’t stand for re-election after three six-year terms. He leaves office at the end of the year, and Commissioner Pete Runnels, who won enough votes in the May primary to avoid a November runoff, will take over as judge. Only a handful of Oregon counties, all of them rural, sparsely populated and east of the Cascades, maintain the county court system of government. They aren’t about to change.
Harney County is deep red Republican. President Obama only got 25 percent of the county vote in 2008, and only 23 percent in 2012. But Eastern Oregon’s votes have always been swamped by Portland, Salem and Eugene, and always will be, which is partly why there is loud disagreement with federal land management policies. The Bundy occupiers figured they’d find support in Harney County.
For the most part, they didn’t. People such as Grasty and Sheriff Dave Ward told them to go home. There were a lot of factors for that, but the main one was that you don’t show up as an armed militia in Harney County, take over a public place where county residents work and visit, and expect to be welcomed — no matter how much people may agree with your baseline message about government.
In addition, this was a county that in 2014 forged the first collaboration between the U.S. Fish and Wildlife Service and private landowners on conserving Greater sage grouse habitat. It was a remarkable series of agreements: Cattle ranchers agreed to manage their rangeland in a way that benefited the bird, while the feds promised 30 years protection from additional regulation even if sage grouse were added to the endangered species list. The agreements were quickly and widely copied in other Oregon counties and in other states. Many people credit them with the government’s decision to keep sage grouse off the list.
That was all in the background when the occupiers arrived, took over, riled up the county, got arrested and went to trial.
Then the federal jury acquitted the occupiers because prosecutors overreached on the conspiracy angle instead of sticking with simpler weapons, trespass and work interference charges. Marty Goold, director of the Harney County Soil & Water Conservation District, said the verdict was like pulling a bandage off a wound that hadn’t healed.
The district served as mediator between federal wildlife officials and local landowners. Despite the verdict, Goold said people involved in the sage grouse agreements are hanging together.
“I’ve seen no ripple in our organization that would tell me or indicate to me that there is a feeling of animosity or distrust in working through the process,” she said. “It’s a continuing discussion. We discuss hard issues with U.S. Fish and Wildlife but do it in a respectful manner to the best of our ability.”
Goold said she’d like to see more consistent land management “across the fencelines,” where private land bumps up against federal land. She said people have to keep talking to each other.
“That’s the critical piece I think a lot of people have to keep in the forefront of their minds when they take on an effort like we did,” Goold said. “There will be some real tough times but there will be some really great rewards.”
Grasty, the county judge, said the fractures remain despite the county’s inclination to move on.
“So you worry,” he said. “I’ve had a couple people say the verdict was precedent setting.”
He disagrees. “That verdict is a verdict of a jury trial; we’re not talking about a Supreme Court decision. They didn’t make a decision on who owns the refuge.
“What people do from this point forward with that decision, or how they interpret it, I don’t know,” he said.
“Worried? Not at this point.”
Grasty went hunting on election day. Next up he’ll be going to the annual Association of Oregon Counties conference, which is in Eugene this year. When the year ends, he’ll leave office. Next spring, he’s volunteered to go out and count birds at a ranch that has a lek, a sage grouse breeding area.