Day/date: April 22, 1988
RANGER ACTIVITIES DIVISION
FIELD INCIDENT REPORT
Incident type: Archeological Resource Protection Act Conviction
Log number: 88-61
Date/time of incident: 8/3/87, 930 am Date/time received: 4/22
Park: Fredericksburg Location: Chancellorsville Entrenchments
Reported by: Mike Greenfield, FRED/SPOT
Received by: Bill Halainen, RAD, WASO
Summary:
Last August 3rd, park rangers arrested 25-year-old P.N. and 27-year-
old R.N. of Castleton, Virginia, for employing metal detectors and
digging in a Civil War entrenchment at Chanellorsville; a third member of
the group escaped. Among the items seized were three camouflaged metal
detectors, digging tools, and Civil War artifacts, including a US cartridge
box plate, iron buckles, and 48 bullets. The N.'s were each charged
with two counts of violating the Archeological Resources Protection Act
(ARPA), two 18 US Code violations (converting US property to their own use
and gain and deprivation against property of the US), and two 36 CFR charges
(injuring Civil War relics and possessing and using a metal detector). On
November 13th, both were found guilty of all charges. They were each
sentenced to a year in jail with all but 10 days suspended, a year of
supervised probation, a $500 fine and $150 in court assessments. They were
also banned from national military parks for a year, were directed to do 300
hours of community service and forfeited all metal detecting equipment.
Following negotiations between their attorney and the US Attorney, the
N.'s identified the third individual in the incident as 23-year-old
D.R.E. of Summerduc, Virginia. On April 6th, D.R.E. was found
guilty of the two ARPA counts and a 36 CFR count of failing to obey a lawful
order. He received a lesser sentence because of he was found to have been
less culpable. Because of their willingness to testify against D.R.E., the
magistrate subsequently reduced the N.'s community service obligation
to 100 hours each, but left the remainder of their sentences in place.
Summary of Facts - ARPA Case
8-3-87 At about 0930 three men were observed using metal detec-
tors and digging in a Civil War entrenchment constructed
by Confederate forces on May 3 and 4, 1863 after
Stonewall Jackson's mortal wounding on May 2. Two of the
three men were apprehended while the third escaped.
Seized evidence included three camouflaged metal detec-
tors and digging tools. Civil War artifacts seized
included a US cartridge box plate, iron buckles, 4-8 bul-
lets and other miscellaneous items.
The two individuals were identified as P.E.N.,
25, and R.F.N., Jr., 27, both of Castleton,
VA. Both refused to give any information about the third
individual. An initial court appearance was set for 9-8-87.
9-8-87 A six count criminal information was filed in the U.S. Dis-
trict Court for the Eastern District of Virginia charging
each of the N.s with two counts of violating the
Archeological Resources Protection Act (ARPA). The two
ARPA counts included 16 USC, Sec. 470ee (a) intentionally
defacing archeological resources and 16 USC, Sec. 470ee (b)
intentially receiving and transporting archeological
artifacts. They were charged with 18 USC, Sec. 641 con-
verting U.S. property (Civil War Artifacts) to their own
use and gain and 18 USC, Sec. I36I deprivation against
property of the U.S. The last two counts concerned
National Park Service regulations contained in 36 CFR.
These charges included Sec. 2.1 (a)(l)(iii) injuring
Civil War relics and Sec. 2.1 (a)(7) intentionally pos-
essing and using a metal detector.
9-11-87 The N.'s appeared before U.S. Magistrate W. Harris
Grimsley. The criminal information was explained to
them. Both claimed they could not afford an attorney,
filed affidavits of their claim and received a court
appointed attorney. A trial date was set for Nov. 13, I987.
11-13-87 Before trial the defense attorney and the Assistant
U.S. Attorney attempted a plea bargain. Agreement was
not reached primarily due to the government insistence
that the N.'s provide the name of the third indi-
vidual and be willing to testify against him. The
N.'s refused to turn over the third party.
Trial before U.S. Magistrate W. Harris Grimsley lasted
approximately 2½ hours. In addition to Park Ranger
testimony, National Park Service archeologist
Dr. David Orr testified concerning the damage done to
this valuable archeological resource. Motions by the
defense to suppress the admissibility of the evidence
by claiming improper search and seizure were overruled.
The N.'s were found guilty on all six counts.
Magistrate Grimsley ordered a pre-sentence report on
both and set sentencing for 12-16-87.
12-16-87 Prior to sentencing, Magistrate Grimsley noted the
seriousness of the offenses and commented the
N.'s "appear to be pros...were using expensive
detectors." Magistrate Grimsley indicated he believed
they knew exactly what they were doing and where and
were trying "to hide it by wearing camouflaged cloth-
ing and even camouflaging their detectors."
The sentence included a one year jail sentence each
with all but 10 days suspended on the conditions of a
one year supervised probation. The conditions included
payment of $500. fine each and $150. court assessments
each. They are banned from National Military Parks for
one year. Both N.'s were directed to do 300 hours
of community service work. All metal detecting equip-
ment and Civil War artifacts were forfeited to the
National Park Service.
12-26-87 The N.'s appealed their convictions saying they
wanted a new attorney. They now hired their own attor-
ney.
During January, negotiations between the N.'s new
attorney and the U.S. Attorney's office lead to the
N.'s providing the third name. The third individ-
ual was D.R.E., 33, of Summerduc, VA. The
appeal was dropped.
2-12-88 In a hearing before U.S. Magistrate Grimsley the
N.'s attorney informed the court the name had
been provided and that he would seek a reduction of
their sentences based on their willingness to testify
against Mr. D.R.E. when the D.R.E. case went to trial.
4-6-88 Trial was scheduled before U.S. Magistrate W. Lewis
Sewell. However, D.R.E. agreed to a plea bargain where-
by he would plea guilty to the two ARPA counts and a
third count under 36 CFR Sec. 2.32 (a) failure to obey
a lawful order. In return, the government dropped the
other four counts (same four as in N. criminal
information).
U.S. Magistrate Sewell found there was a basis for
conviction on the three counts. Defense requested
leniency arguing D.R.E. had been led astray by the
N.'s and was, therefore, not nearly as culpable
as the N.'s. U.S. Magistrate Sewell agreed that
D.R.E. was not as culpable and sentenced him to 30 days
in jail suspended for one year. Sentence also includ-
ed one year's unsupervised probation with the follow-
in conditions! D.R.E. is to pay a $250. fine and $750
court assessment, violate no Federal, State or local law
during probation and serve 50 hours of community service
at Fredericksburg & Spotsylvania NMP. All relic hunting
equipment was forfeited.
4-13-88 A sentence reduction hearing was held for the N.'s
before U.S. Magistrate Grimsley. The N.'s attorney
argued for a reduction of their sentence based on their
willingness to testify against D.R.E.. Magistrate Grimsley
said he would not reduce the jail time or fines but would
consider reducing the community service. The U.S. Attor-
ney's office was agreeable. The community service was
reduced to 100 hours each to be served in Shenandoah
National Park. Magistrate Grimsley pointed out that
somehow the N.'s had been able to afford an attorney
after signing affidavits that they could not afford
attorneys. The final judgement order included a repay-
ment to government by the N.'s in the amount of $945.
for the public defender fees.
RANGER ACTIVITIES DIVISION
FIELD INCIDENT REPORT
Incident type: Employee Suicide
Log number: 88-62
Date/time of incident: 4/21, am Date/time received: 4/22, 10 am
Park: Blue Ridge Location: Out of park
Reported by: Steve Smith, RAD, SERO
Received by: Bill Halainen, RAD, WASO
Summary:
J.C. began his third or fourth season as a seasonal maintenance
worker in the Swannanoa District of Blue Ridge Parkway last Monday.
Yesterday morning, he was found in his father's truck at his father's house
in Maggie Valley, North Carolina, an apparent suicide victim. J.C. was
reported to have had personal problems outside of work.
Persons involved:
Name Address DOB or age
J.C. Maggie Valley, North Carolina 6/6/47
RANGER ACTIVITIES DIVISION
FIELD INCIDENT REPORT
Incident type: Death of Visiting Course Instructor
Log number: 88-63
Date/time of incident: 4/21, 2 pm Date/time received: 4/22, 11 am
Park: Badlands Location: Fog Creek
Reported by: Carolyn Kershaw, RAD, RMRO
Received by: Bill Halainen, RAD, WASO
Summary:
R.A., the South Dakota state archeologist, was instructing NPS
employees and others on field archeology at Fog Creek, about 5 miles west of
the Rocky Ford visitor station, when he complained of being hot and asked to
be taken to a hospital. He became unconscious shortly after being placed in
a vehicle, and those with him began CPR. An ambulance met them, and the
doctor on board pronounced R.A. dead. An autopsy may be conducted to
determine cause of death.
Persons involved:
Name Address DOB or age
R.A. Sturgeon, South Dakota About 45