Burgert given three more years in prison

MISSOULA - David Burgert, the leader of a group that allegedly plotted to kill Flathead Valley officials, apologized Friday as he was sentenced to another three years in federal prison. He already is serving seven.

Burgert, 40, is said to be the leader of Project 7, described as a local militia cell with ties to other militia groups in Montana and the United States. Some officials have said the group planned to assassinate local leaders.

Six people, including Burgert, were indicted by grand jury this year for illegally possessing weapons. All have pleaded guilty or indicated they plan to.

When he was indicted, Burgert was already in a federal prison and medical facility in Minnesota.

U.S. District Judge Donald Molloy in Missoula sentenced Burgert in September 2003 to seven years in prison for federal firearms crimes, resulting from an overnight standoff with SWAT teams that Burgert caused after staging his disappearance and jumping bail on an unrelated charge.

Burgert admitted carrying an illegal machine gun that snowy night in February 2002. He also confessed to being a felon in possession of a firearm.

He was back before Molloy on Friday to face sentencing on charges of conspiracy to possess machine guns, being a felon in possession of a firearm, and illegal possession of machine guns. In this case, at least five machine guns were procured and moved around the valley from 2001 to 2003 by members of Project 7, according to prosecuting Assistant U.S. Attorney Kris McLean.

According to court documents, Burgert purchased 2,000 to 3,000 rounds of ammunition and possessed two machine guns and a pistol at the time of his arrest. He reportedly organized the group and coordinated training with the weapons.

In court Friday, Burgert denied any plot to kill local officials.

"I have never, ever in my life considered anything like that," he told Molloy. "I don't associate with people like that."

Burgert said he would have been the first to report to the FBI any such scheme if he was aware of it.

"That's the most ludicrous accusation I've ever heard in my life."

McLean wasn't impressed by Burgert's protestations.

"I have seen the 'intel sheets' produced by the mole inside the Whitefish Police Department," McLean told Molloy. They included the names, addresses, activities and family members of law officers.

"It is quite chilling to see such information in the hands of persons conspiring to possess machine guns," McLean said. "The information, from our perspective, is accurate."

Federal defense attorney David Avery told Molloy that while a parole department's presentence report and "the newspapers" have referred to the assassination plot, there is no evidence of it.

"These are very strong allegations that should not haunt him," Avery said of Burgert.

He wanted removed from the pre-sentence report information on the alleged plot, an allegation that while he was in the Flathead County jail, Burgert "tried to orchestrate his escape" but was unsuccessful in recruiting help, and that he possessed hand grenades, when there isn't proof of that.

"What you want is a sanitized [pre-sentence report]," Molloy said. Those things wouldn't bear on his sentence anyway, he said.

Avery asked for lenience in sentencing, asserting that Burgert suffers from diminished mental capacity or duress.

Psychiatric evaluations have shown that Burgert was under the delusion that he was at risk of being killed by law enforcement, Avery said. If Burgert's fear was based in reality, then he acted under duress when he illegally armed himself, Avery said.

Molloy demurred in considering those mental problems, saying the psychiatric report also says that Burgert knows right from wrong.

Burgert addressed Molloy, saying that, "From 1995 to 1999, I was doing really good. Then this political stuff started happening … Things were happening to me and my family by the local police."

He said he looked in the phone book for someone who could offer him psychiatric help, but the people he contacted wouldn't see him because he had no health insurance.

"We could not afford to get me any mental-health help."

Burgert has been treated for depression and delusional disorder of the "persecutory type," similar to paranoia, since he's been in custody.

On Friday, he said he believes Flathead County Sheriff Jim Dupont is still persecuting him.

"He just can't let it go," Burgert said.

Dupont said he doesn't know why Burgert believes that; the charges against him were brought by the FBI, not by local law enforcement.

Burgert apologized to Molloy.

"I apologize for what I've done. I never wanted to cause this problem … I have never intended for anybody to end up in jail or in prison."

But that's exactly where five of Burgert's associates from the Flathead Valley are. Also indicted, but yet to be sentenced, are James Riley Day, John William Slater, Steven Neil Morey, Tracy Brockway, and Larry Chezem, who was defeated in his bid for Flathead County Sheriff.

Molloy followed McLean's recommendation for sentencing Burgert Friday.

"It was a very dangerous situation that developed in Flathead County," McLean said.

Molloy sentenced Burgert to 87 months in prison on each count.

He ordered the first 51 months to run concurrently with Burgert's current sentence. The last 36 months will run consecutively, adding three years to the sentence Burgert is now serving.

Among the conditions by which Burgert must live once he is paroled are requirements that he not re-enter Flathead County without permission from his parole officer and that he not associate with militia members.

Burgert asked for clarification on that.

Molloy answered that means people with "anti-government views or views that the world is under attack. You know who militia people are."

Other Project 7 members will be sentenced in the coming months.

Reporter Chery Sabol may be reached at 758-4441 or by e-mail at csabol@dailyinterlake.com