Case 3:16-cr-00051-BR
Document 1956
Filed 03/01/17
Page 1 of 3
Jesse Merrithew, OSB No. 074564 Email: jesse@lmhlegal.com Levi Merrithew Horst PC 610 SW Alder Street, Suite 415 Portland, Oregon 97205 Telephone: (971) 229-1241 Facsimile: (971) 544-7092 UNITED STATES DISTRICT COURT DISTRICT OF OREGON
UNITED STATES OF AMERICA,
Case No.: 3:16-CR-00051-BR-26
Plaintiff, vs.
DECLARATION OF MARK ROBERTSON
JASON PATRICK, DUANE LEO EHMER, DARRYL WILLIAM THORN, and JAKE RYAN, Defendants. The undersigned, Mark Robertson, hereby swears and affirms under penalty of perjury that the following is true and correct: 1. I am an investigator licensed by the state of Oregon. 2. I have been working on behalf of Jason Patrick and Andrew Kohlmetz in the aboveentitled matter. 3. I make this Declaration in support of the attached Motion for Arrest of Material Witness William Kullman. 4. As part of my duties in the above-entitled case, I was asked to determine the identities of people identified as confidential human sources (“CHS”) who played a role in security and/or
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Case 3:16-cr-00051-BR
Document 1956
Filed 03/01/17
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weapons training at the Malheur National Wildlife Refuge (“MNWR”). 5. From a review of the reports associated with CHS 14, it appeared that this person played a role in security and/or weapons training at the MNWR. I developed information in my investigation that the person identified as CHS 14 may be William Kullman. I identified a possible address for Mr. Kullman in Lake Stevens, Washington, and travelled there with the intention of interviewing him. 6. On December 6, 2016, outside of the address I believed Mr. Kullman was living, I contacted a man I recognized from photos posted on social media as Mr. Kullman. 7. I identified myself, explained my role as a private investigator working with Jason Patrick and his stand-by counsel, Andrew Kohlmetz, and presented the man with a business card. 8. The man acknowledged that he was William Kullman and invited me into his apartment to talk. 9. During our conversation, Mr. Kullman admitted that he travelled to the MNWR and identified the place in the refuge sign-in book where he had signed in. Below his name in that sign-in book are the words “Donated food, medical supplies. Help train and assist militia in whatever needs possible.” Mr. Kullman agreed that the date on the top of the page, January 7, 2016, accurately reflected when he arrived at the refuge. 10. During my investigation, I learned that Mr. Kullman operated a business that provided weapons training. Mr. Kullman acknowledged owning that business and personally providing weapons training. 11. Mr. Kullman told me, in part, that he worked to insure the safe handling of firearms by the protesters staying at the refuge. He further told me that he worked in that capacity with Mark McConnell, who I knew that the government had already acknowledged worked as a CHS Page 2 – DECLARATION OF MARK ROBERTSON
LEVI MERRITHEW HORST PC 610 SW Alder Street, Ste 415 Portland, Oregon 97205
Case 3:16-cr-00051-BR
Document 1956
Filed 03/01/17
Page 3 of 3
attheMNWR. 12. Mr. Kullman told me that he was the one who gave the protesters the idea to set up a rifle range off the refuge with the aim of providing firearms training. 13. During the course of our conversation I became convinced, for a variety ofreasons, that Mr . Kullman was in fact the person identified only as CHS 14. 14. At the end of our conversation, I handed Mr. Kullman a duly issued subpoena for him to appear in this Court on February 14, 2017 to give testimony on behalf of defendant Jason
Patrick. That subpoena is attached to this Declaration as Exhibit A. 15. Since December 6, 2016, I have had no contact with Mr. Kullman. His previous cell phone number has been disconnected. I attempted to contact Mr. Kullman via Facebook. He has not responded, despite the fact that he continues to be active on Facebook both before and after my message was sent. On February 27, 2017 , I called the person I know to be Mr. Kullrnan's girlfriend to ask her to either provide a new number for Mr. Kullman or have him call me back. She told me that they were no longer together, despite the fact that she had posted a photo of them kissing only 14 days prior. When I confronted her with this fact, she took my number, then terminated the call. 16. I have checked with the defense witness coordinator and the United State Marshal's Service . Despite the clear instructions from me and the subpoena, neither party has heard from Mr. Kullman. DATED this 1st day of March, 2017
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By: Mark Roberts6n, OR PI-ID No. 33779
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LEVI MERRITHEW HORST PC 610 SW Alder Street, Ste 415 Portland, Oregon 97205