Brockway gets prison in weapons conspiracy
MISSOULA - A remorseful former Flathead Valley woman tied to the Project 7 paramilitary group will spend 27 months in prison for federal weapons violations.
Tracy Brockway, 34, became a key figure in authorities' investigation into the group.
"I just wanted to say how sorry I am. I am sorry I played a role in this conspiracy," Brockway told Chief U.S. District Judge Donald Molloy in Missoula.
In a plea bargain with the federal government, Brockway had pleaded guilty to conspiracy to possess illegal firearms.
Molloy's sentence of 27 months was the minimum term he could order under sentencing guidelines.
"I don't do that to diminish what I think is the seriousness of the offense," he said. He considered letters on her behalf and no serious crimes in Brockway's past.
Molloy said he has given a lot of thought to the circumstances around Project 7 and other anti-government groups and people who follow "Rush Limbaugh or the radio stations in Kalispell, screaming people" who are anti-government or intolerant, and "how that leads to folks taking a view of government that somehow is so at odds with reality it surprises me.
"The government is us. It is we, the people," Molloy told Brockway.
As a condition of her sentence, Brockway may have no contact with "people with disregard of the United States and the government of the United States," including militia members.
She may never possess another gun, she must participate in chemical-treatment and mental-health programs, must abstain from alcohol use, must perform 100 hours of community service, and must remain on supervised release after her prison term for three years.
Two years ago, she pleaded guilty to harboring David Burgert, the group's leader, after Burgert had staged his disappearance.
She was arrested with Burgert after fleeing from officers on Feb. 7, 2002. She was captured when her truck went off the road west of Kalispell. As she was arrested, Burgert ran through the woods, prompting an overnight pursuit by local SWAT teams and other officers. He was eventually caught and sentenced for state and federal crimes.
During their flight from law enforcement, Brockway and Burgert possessed two machine guns and a pistol: a Hesse Arms/CAI model R1A1 Sporter .308-caliber machine gun with an obliterated serial number, an FN/FAL type .308-caliber machine gun and a Taurus model PT100A .40-caliber pistol.
Officers who searched a trailer at Brockway's home said they also found "thousands of rounds of ammunition," firearms and booby traps.
Brockway received only a six-month suspended sentence for the misdemeanor crime of obstructing justice. She was allowed to leave Montana during the sentence to move to Georgia.
This summer, Montana brought Brockway back to face federal weapons conspiracy charges, along with five other people officials believe were involved with Project 7. The investigation was conducted by the FBI, the Flathead County Sheriff's Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project 7 was training and conspiring to kill local judges, law-enforcement officers, and others, according to Sheriff Jim Dupont. Brockway had worked for the Whitefish Police Department as a cleaning woman. She reportedly obtained personal information there about law officers, including where they lived, and passed it along to other members of the group.
Project 7 members, including Brockway, met at rural locations where they possessed, discharged and trained themselves in the use of machine guns. On March 14, 2001, Brockway, purchased a FAL Model L1A1 .308-caliber rifle receiver from Reed's Sports. She also bought about 2,000 rounds of .308-caliber ammunition from Reed's Sports.
Her attorney, Mike Sherwood, told the judge that Brockway does not admit the serial number on one of the gun was unlawfully obliterated.
"She wouldn't know that," Sherwood said. She also has not admitted that she had actual possession of the illegal firearm in the truck when she was arrested.
Prosecuting Assistant U.S. Attorney Josh Van de Wettering said the law doesn't require Brockway to know about the obliteration or to be in actual possession of the weapon under conspiracy laws. She was "acting in furtherance of the conspiracy" and that's all that was required, he said.
According to a presentence report, Brockway was "a minor participant" in the conspiracy. She has agreed to testify at the trial of Larry Chezem, the only defendant who has pleaded innocent. He goes to trial in a month.
Brockway, her lawyer said, "has problems. She really needs to, I think, see somebody."
He talked about about her drug use, depression and "self-image problem."
Brockway told Molloy she is "very committed to living my life from this day forward as a good person. I'd like to live my life healthy, become a positive product of society."
Her lawyer told Molloy that Flathead County wants Brockway returned to Kalispell to face charges of violating her probation.
Reporter Chery Sabol may be reached at 758-4441 or by e-mail at csabol@dailyinterlake.com