In February, a Grant County grand jury indicted Ricky Snodgrass, 41, on a reckless burning charge, a misdemeanor. The case later moved to federal court, and last month Snodgrass鈥� lawyers had asked a judge to dismiss it. Grant County District Attorney Jim Carpenter did not oppose that motion, and the judge approved it this week.
鈥淢r. Snodgrass was charged because the State 鈥� or more precisely, the local sheriff 鈥� took issue with the Forest Service鈥檚 decision to conduct the prescribed fire,鈥� defense attorneys for Snodgrass wrote last month in court documents. 鈥淏ut the State cannot charge Mr. Snodgrass with a crime simply because it disagrees with the Forest Service鈥檚 decision. The (U.S. Constitution鈥檚) Supremacy Clause controls, and Mr. Snodgrass is immune from prosecution. This case must be dismissed.鈥�
On Oct. 19, 2022, . A release from the U.S. Forest Service, said the weather conditions were safe for the agency to begin a prescribed fire and that it planned to thin 300 acres to help reduce wildfire risk. But afternoon winds caused the fire to jump onto property owned by the Windy Point Cattle Company. The Forest Service crew got the fire under control within an hour before any people or livestock were harmed.
Before the day was over, Grant County Sheriff Todd McKinley arrested Snodgrass.
鈥淚 believe that my actions, both before the prescribed burn was ignited and throughout the day, until I was removed from the burn because I was arrested by the Grant County Sheriff, were necessary and proper to perform my duties as Burn Boss,鈥� Snodgrass wrote in a May 10 declaration filed in federal court.
Snodgrass鈥檚 arrest was captured on McKinley鈥檚 body camera.
鈥淎re you guys wanting to have this prosecuted?鈥� McKinley asks someone with the ranch, according to a redacted transcript of the footage filed by Snodgrass鈥檚 lawyers. 鈥淏ecause I鈥檓 willing to arrest him at this point, OK, because he鈥檚 the burn boss who made the call.鈥�
Just before arresting Snodgrass, the sheriff said there would be a criminal investigation into the fire.
鈥淪nodgrass, you鈥檙e not free to leave,鈥� McKniley said.
鈥淲hy is that?鈥� Snodgrass replied.
鈥淏ecause I鈥檓 gonna place you under arrest,鈥� the sheriff said.
Snodgrass protested, saying it would be better to let him help put out the fire, since he was in charge.
鈥淵ou have some very qualified people out there to take it from here,鈥� McKinley said, according to the transcript. 鈥淚 understand all those implications, trust me. And I don鈥檛 know if you realize what kind of a position your agency puts me in by the actions you just took.鈥�
During the grand jury hearing, the sheriff testified that once Snodgrass was in handcuffs, 鈥渉e took off and ran from me, and went over onto the other side of the road and said 鈥業鈥檓 standing on federal land, now you can鈥檛 touch me,鈥� which is not true.鈥�
At another point, Snodgrass reportedly said he would go with McKinley, but asked the sheriff to remove his handcuffs.
鈥淚 have to take you in cuffed. That鈥檚 the way it works,鈥� the sheriff said. 鈥淚t鈥檚 our policy.鈥�
鈥淭his looks bad, dude, for you,鈥� Snodgrass replied.
During the grand jury, McKinley testified that the arrest got 鈥渉uge national exposure.鈥�
That exposure came in part because McKinley鈥檚 predecessor, , drew national attention in 2016 by declaring his support for armed militants who took over the Malheur National Wildlife Refuge in nearby Harney County in a dispute framed around federal authority in rural Oregon.
鈥淚 don鈥檛 know if you guys want to know how many hundreds of phone calls I got over this,鈥� McKinley testified. 鈥淓ither I was a pariah, the enemy, or they鈥檙e trying to make me a hero out of it.鈥�
The sheriff also made several false statements during the grand jury, according to Snodgrass鈥� lawyers. For example, McKinley testified that he tried to subpoena records from the U.S. Forest Service, and the federal government 鈥渞efused to cooperate at all.鈥� But Snodgrass鈥� lawyers said the sheriff didn鈥檛 follow the process the Supreme Court has outlined for getting documents to be used in court.
McKinley also speculated as to why the U.S. Forest Service authorized the prescribed burn.
鈥淚 have my theories like it had been a slow year, hadn鈥檛 been a whole lot going on,鈥� the sheriff told the grand jury. 鈥淭hey were looking for something to do.鈥�
Snodgrass鈥� attorneys said there was no evidence of reckless behavior, but rather a policy disagreement.
McKinley and district attorney Carpenter didn鈥檛 immediately return a request for comment. Neither did Snodgrass鈥� attorneys. But during Snodgrass鈥� 2022 arrest, the sheriff told the federal employee that the arrest wasn鈥檛 personal and said he was a 鈥渉uge supporter鈥� of the Forest Service.
鈥淚 can鈥檛 look sideways on something that鈥檚 criminal just because we get along and we鈥檙e working agencies,鈥� McKinley told Snodgrass in 2022. 鈥淢y job requires me to hold up the law despite who it was. If you were my mother doing something criminal, I would have to deal with it.鈥�
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