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Malheur Occupation

Final holdout at Ore. refuge surrenders after dramatic negotiations

Doug Stanglin
USA TODAY
The last four holdouts of a takeover of a Oregon federal wildlife refuge are shown in booking photos Feb. 11, 206, following their arrest in Burns, Ore. (L-R top row are Sandra Lynn Anderson, Sean Larry Anderson ; L-R bottom row are Jeff Wayne Banta, David Lee Fry)

Four holdouts at a federal wildlife refuge surrendered peacefully Thursday to end a 41-day takeover, but not before one protester balked at the last moment and threatened to shoot himself in a rambling, hour-long discussion livestreamed online.

David Fry, 27, speaking by cellphone on an open line broadcast on YouTube, said he was "feeling suicidal" only moments after his three companions peacefully surrendered to the FBI and a group of negotiators led by evangelist Franklin Graham.

"I am actually pointing a gun at my head. I am tired of living here," Fry said at one point. "You guys took away everything from me, for doing nothing wrong."

In a long, confusing rant to online commentator and activist Gavin Seim and Christian lawyer KrisAnn Hall, Fry complained of his taxes paying for abortions and his marijuana being taken away. Last year, voters in his home state of Ohio turned down a bill to legalize the sale of marijuana.

"I will no longer be a slave to this system," he said, growing increasingly agitated. "I am a free man and I will die a free man."

In the end, Fry simply gave up after telling an FBI negotiator by phone he wanted everyone to shout "hallelujah" if he walked out.

As he fumbled with the cellphone, Fry could be heard shouting, "hallelujah," and then said, "one more cookie and one more cigarette" before strolling to the FBI checkpoint.

The other three unarmed holdouts gave up without incident. They walked one by one toward an olive green armored vehicle carrying Graham and Nevada lawmaker Michele Fiore.

Holding hands, Sean Anderson, 48, of Riggins, Idaho, and his wife, Sandy, 47, went first, their arms held high. Sean carried an American flag in his right hand. Sandy was patted down by an FBI agent and then taken away. Jeff Banta, 46, of Yerington, Nev., went next.

The FBI said the four would be arraigned before a federal judge in Portland on Friday.

Graham, at the request of the protesters and the FBI, was in phone contact with the group for the past week to negotiate an end to the standoff at the Malheur National Wildlife Refuge near Burns, Ore. The North Carolina preacher and son of evangelist Billy Graham joined Fiore in an armored vehicle to reach the holdouts.

The surrender process capped a five-week ordeal that included the arrest of almost a dozen protesters and the shooting death of one in a confrontation with police.

The final act of the drama Thursday morning played out in real time online, with Fiore and Graham staying in touch with the protesters. "America's watching, so nothing is going to happen," Fiore said.

Nevada Rancher Cliven Bundy, 74, is shown in a booking photo after his arrest in Portland by the FBI on Feb. 10, 2016.

Before the surrender, Graham spoke to the group by phone. "We are proud of you and love you and look forward to giving you guys a big hug," he said before praying and climbing into a v

ehicle to drive to the surrender site.

"We haven't bathed in a few days so don't be offended," Sean Anderson replied. At one point, Anderson even joked they were "hoping to stop at Denny's" before going to jail.

The FBI said agents "moved to contain" the last four holdouts Wednesday by hemming them in with armored vehicles at the refuge.

"We reached a point where it became necessary to take action in a way that best ensured the safety of those on the refuge," Greg Bretzing, special agent in charge, said Wednesday in a statement.

In a bizarre twist to the final chapter in the takeover, which began Jan. 2 as a protest against federal land-use policies, FBI agents arrested Nevada rancher Cliven Bundy, the father of the protesters' jailed leader, who flew to the state in a show of support.

Bundy, 69, of Bunkerville, Nev., was arrested by the FBI after stepping off a plane at Portland International Airport on Wednesday evening. He was taken to Multnomah County jail.

Bundy faces federal charges related to a standoff at his ranch with the U.S. Bureau of Land Management in 2014, according to the Bundy website. Bundy, who defied authorities in a dispute over federal land rights, owes $1 million in grazing fees and penalties.

He is charged with conspiracy to commit an offense against the United States, assault on a federal law enforcement officer, using and carrying a firearm in relation to a crime of violence, obstruction of the administration of justice, and interference with commerce by extortion, the U.S. Justice Department office in Nevada said in a statement.

If convicted, Bundy faces more than 40 years in prison and a fine of up to $250,000 per count.

His sons, Ammon and Ryan Bundy, were jailed following the Jan. 26 arrest of several members of the armed militia group on charges of interfering with federal officers. One protester, Robert "LaVoy" Finicum, was killed during a confrontation with the FBI and state troopers after fleeing a police roadblock.

The protesters said the takeover was mounted in support for local rancher Dwight and Steve Hammond, who were convicted of setting fire to federal land. It was also aimed at sparking a broader rebellion against government control of public lands.

In a statement after the standoff ended, the court in Harney County, where the refuge sits, said federal land issues need to be addressed, but the presence of militia groups in the area continues "to cause division in the country and every community within."

"Continued militia presence in Harney County will only serve to delay any meaningful work on the issues that need to be addressed," the statement said. "We are very grateful that the occupation ended peacefully, and we look forward to the day when our community is ours, once again."

Contributing: Kevin Johnson in Washington

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