Eco-Warriors Or Eco-Terrorists?

The Northwest Green Scare sweep brought much from the shadows. FBI plants brought activists to the brink, friends and comrades turned informants for lighter sentences, even as those sentences themselves put former activists behind bars for an average of ten years.

This is from 2008.
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Eco-Warriors Or Eco-Terrorists?

Rulings seen in NW cases of three eco-activists

Court cases of three environmental activists have recently reignited discussion regarding definitions of the word "terrorism." All three cases involve acts of arson. While arson is a crime punishable by law, one still must question the heavy handedness of prison sentences handed down as well as proposed sentences in the following cases. The lengthy sentence originally handed down to forest activist Jeff "Free" Luers was recently reduced by nearly 13 years. Briana Waters faces a possible 20 year sentence with Tre Arrow possibly facing life sentences if found guilty. A single act of arson in the state of Oregon is punishable by up to seven years. In this post 9/11 environment, radical environmentalists have been labeled terrorists by the federal government. Does this label fit the crime in these cases? Does destruction of private property equal terrorism? Is destruction of private property equal to acts of violence?

Court Clampdown

On March 3rd, Tre Arrow, aka Michael Scarpitti was arraigned in the Federal Courthouse in downtown Portland after ending his four-year extradition fight from Canada to the U.S. He has been wanted by FBI to stand trial in Oregon on charges connected to eight year old arsons that caused $260,000 in damage to Oregon logging and cement trucks. Arrow was arrested on shoplifting charges in Victoria on March 13, 2004. He had been held in Canada since then.

After a bow and greeting of Namaste from Tre, 34, the short hearing began before Judge Dennis Hubel. The indictments moved forward with Tre pleading not guilty to conspiracy and arson.

Greeted by press outside the courthouse after the arraignment, Loney stated that Tre felt that the time was right to return to Oregon to set the record straight. "His spirit is great," said Loney. "We are very happy that U.S. marshals will meet his raw vegan diet. He is a strong, centered and spiritual individual. This is what has carried him through."

Hubel scheduled Arrow's trial for May 6th. Arrow is to be held as a flight risk and potential danger pending the trial. Arrow is currently being held in Multnomah County. Because of security concerns it is not yet known where he will be moved to. Tre faces fourteen counts with the charges of arson and conspiracy alone possibly resulting in life sentences.

Briana Waters Found Guilty of 2001 Arson

On March 6, a jury in Tacoma found Briana Waters guilty of two counts of arson. The 32 year-old stood accused of serving as lookout while fellow activists firebombed the University of Washington's Center for Urban Horticulture in 2001.

The jury deadlocked on five other counts including conspiracy and use and possession of a destructive device that could have put her behind bars for at least 35 years. She now faces five to 20 years in prison. Her sentencing is scheduled for May 30.

Both Waters and Arrow maintain their innocence.

Jeffrey Luers Wins Appeal

Jeff "Free" Luers, originally sentenced in June of 2000 to 22 years and eight months for setting fire to three SUVs at the Romania Chevrolet dealership in Eugene, Oregon, was re-sentenced to 10 years. This decision was handed down on February 28 in Lane County Circuit Court. The new ruling brings his release date to December 2009. Luers originally filed his appeal in January of 2002.

While supporters and civil liberty proponents see the re-sentencing as a victory, many are still left with the strong sentiment that the Luers trial, in addition to the Arrow and Waters charges and sentencing, are clearly politically motivated persecutions used by a repressive state as a tool to squash and discourage dissent.

When The Punishment Does Not Fit the Crime

The original sentence handed down to Luers in June of 2001 was stunning in a most draconian sense. The three vehicles that he and Craig "Critter" Marshall (who later plead out under the "Alfread Decision"--no contest--and served five years) set fire to caused $40,000 worth of damage and were quickly put out with a simple fire extinguisher. The vehicles were also repaired and subsequently sold. Luers and Marshall had taken care to make sure that the dealership and surrounding buildings were vacant. When the two were pulled over a half hour later for a missing headlight and detained for three hours in which time other agencies arrived at the station, Luers was questioned and arrested for criminal mischief I, which carries a sentence of one year.

One week later he was arraigned on nine different felony counts including arson, attempted arson, and manufacturing and possession of destructive devices or explosives. Similar devices were found at petroleum distributor Tyree Oil in Eugene, and three weeks before his trial began, he was also charged with attempted arson of that facility and faced several more charges. While no physical evidence was found to link Luers to Tyree, he was offered a deal for 12 years if he would plead guilty to both Romania and Tyree. He held fast and refused. One week before his April 4 trial began, in a tragically misguided show of solidarity, someone hit Romania again and torched 30-35 vehicles causing one million dollars in damages. A statement was released afterward claiming responsibility and that the action was done in support of Luers.

In the end, Luers was found guilty of 2 counts of manufacturing a destructive device, 2 counts of possession of a destructive device, 3 counts of arson, 2 counts of attempted arson, 1 count of attempted criminal mischief, and 1 count of criminal mischief.

To be clear, Luers has admitted that he set fire to the three SUVs. What is important is understanding how and why a charge of criminal mischief can in a matter of weeks take great leaps and bounds toward a 22 year sentence. Make no mistake; the cases cited here are trials of political persecution. Luers was punished for his political leanings as much as and if not more than anything else.

Unjust Sentencing in a Climate of Lies and Fear

It does not take any stretch of the imagination to sense that the 2nd Romania arson had great impact on the punishment meted Luers. Couple this with the history of the link to anarchist activism, protest and street fighting that comes to the mind of many when the city of Eugene is referenced and you find a ready made assumption of guilt.

Briana Waters is facing the possibility of spending the next 20 years behind bars. Just days before her trial went to jury, an arson fire in Woodinville WA destroyed construction on what was to be a new Street of Dreams. Paper, television and online news sources were quick to use the term "eco-terrorism" and erroneously stated that evidence existed of explosive devices and booby traps. One has to wonder what affect this all had on the decision of the jury.

Found guilty of two counts of arson, both counts stem from the single UW arson. In order to pad the conviction, the government specified the charges of arson of a building used in interstate commerce, and arson of a building that receives federal funding.

When the defense argued that they would like to have the ability to determine if the jurors had been influenced by coverage of the Woodinville fire, the jury was instructed not to talk to either side's lawyers about the case at any point in the future.

No physical evidence was shown to tie Waters to the arson. The government instead relied on the testimony of two informants, Jennifer Kolar and Lacey Phillabaum, a young woman tagged by other activists long before the Waters trial as disrespectful, unprincipled, and not fit to be involved with the movement. Also relied upon was flimsy circumstantial evidence. While nothing in Waters' history shows her to be a flight risk, the court has determined her to be such and she will be held in custody until her sentencing at the end of May.

The hardest evidence facing Tre Arrow is likely to come from others who are cooperating witnesses. The charges he faces are more of the same evidence of political persecution.

The "T" Word

The largest roundup of eco-activists in US history began with the launch of the FBI's Operation Backfire on December 7, 2005. At a national press conference in January 2006, Attorney General Alberto Gonzales and FBI Director Robert Mueller unveiled a 65-count indictment targeting the Earth Liberation Front (ELF) and the Animal Liberation Front (ALF). Gonzales proclaimed that a "vast eco-terrorist conspiracy" was the US's number one domestic terrorist threat. The feds are waging brutal war against earth defenders and are using their Patriot Act's excessive reach to do so. Earth defenders who are bound in government chains are political prisoners of war.

Briana Waters was one of many caught in the sweeping snare of Operation Backfire, now also known as the Green Scare. Waters, Luers and Arrow have all been labeled terrorists. Luers has always claimed autonomy with no affiliation with either ELF or ALF. None of the acts of ecotage described above caused injury to a single animal or human being, yet the government, emboldened with their hijacking of 9/11, has seen fit to add terrorist enhancement to the charges leveled at those targeted by the Green Scare.

To contextualize the current state of siege, consider this: In 1998 U.S. Forest Service employee Tamara Meredith was found guilty of 35 counts of arson for intentionally setting forest fires in order to receive overtime pay. While she had endangered the lives of some 600 firefighters, she received a sentence of only three years.

The sentences that the government has and will surely try to hand out to radical environmentalists in the future rank in the same sentencing categories of attempted murder, manslaughter I, rape I and kidnapping. None of the three cases stated here have dead bodies attached to them. In addition to examining definitions of the word "violence," it also begs the question; just who is a terrorist? What is a terrorist? Who has the power to define this term?

Terrifying Stats

The U.S. is the world's largest consumer of energy. According to the Energy Information Administration, the United States consumed about 25% of all the energy used in the world in 2006. We use more energy each year than all the nations of Western Europe combined, and we use about two-thirds more energy than China. We represent less than 5% of the world's population and create 25% of global carbon dioxide emissions from burning fossil fuels. Despite a vast potential for energy from the sun, wind, crops and other renewable sources, renewable energy currently accounts for a mere 6% of our total energy use. U.S. Geological Survey shows that Glacier National Park will have no glaciers left by 2030. Square miles of Arctic sea ice that have melted in the last 30 years (roughly the size of Texas), threatening polar bear habitats and further accelerating global warming worldwide, according to the Arctic Climate Impact Assessment. Congress has not passed any bills to cut global warming.

This should alarm you.

Pollution is driven by economy. We rank at number one as global industrial polluter compared to other larger nations. The top ten U.S. industrial polluters are: Alcoa, Chevron, Massey Energy, American Electric Power, So. Co, Boeing, Apple, Cargil, and Ford Motor. Each listed here cause devastation to the environment at growing rates either by toxic air emission, poisoning water, dumping toxic waste, or emitting toxic levels of mercury. Significant amounts of phthalate, a toxin thought to cause birth defects, have been found in the Apple iPhone and iPod. The SUVs targeted by Luers are capable of emitting three times the pollution of other vehicles.

If destruction of private property can be labeled terrorist, then so too should destruction of the earth. In contributing to global warming and causing environmental damage at an unchecked rate, why should corporations not also be labeled criminals? In weighing the crimes and alleged crimes of radical environmentalists seen recently in Northwest courts, circumstances beg a critical examination. Which acts of destruction have caused long term, irreversible damage? Which acts have been driven by cold capitalism and economy? Which acts truly endanger the health and well being of the larger population and generations to come? In his statement to the court at his sentencing hearing, Jeff Luers stated, "I am filled with love and compassion. I fight to protect life, all life, not to take it."

The so-called eco-terrorist acts spoken of here were carried out to protest excessive consumption, global warming, the rape of the land and genetic engineering. As long as eco-activists are witness to the violence committed upon the earth by corporate polluters one would expect that we will continue to see desperate acts of ecotage. I ask that you take a moment to consider who and what acts are more criminal. Just who are the true terrorists?

"When all the trees have been cut down, when all the animals have been hunted, when all the waters are polluted, when all the air is unsafe to breathe, only then will you discover you cannot eat money."

Cree Prophecy