Standoff with Militia Member Ends Peacefully
Interaction between law enforcement and Militia of Montana member Dave Burgert is nothing new. The latest incident ended with Burgert surrendering after holding himself hostage with an assault rifle.
A Troubled Past
The story begins in January 2001 when Burgert was arrested for assaulting a police officer. The Highway Patrol tried to stop Bob Cesnick, one of Burgert's cohorts, for having blue lights on his vehicle. Blue lights are only allowed on law enforcement vehicles. Cesnick refused to pull over and led police on a chase that ended at Burgert's home where an altercation ensued. Burgert and Cesnick were both arrested and charged with assault.
The charges against the pair were reported on extensively in militia circles. Free Thought Radio, a pirate radio station, had detailed information from Cesnick and Burgert regarding the case. Its website also reported that attorney Matt Sisler was going to represent the pair, and one of Sisler's listed credentials was that he had previously represented John Trochmann, founder of the Militia of Montana. The Militia of Montana (MOM) circulated an e-mail by Burgert requesting "patriots" in Flathead County to come to Burgert and Cesnick's preliminary court hearing and provide a "physical presence." After the hearing, another Burgert e-mail was circulated thanking anti-government "patriots" for showing up for the hearing.
While the case was still pending, Burgert was charged with obstructing an officer in November 2001. In this instance, the police received a phone call from a man saying that four men were stalking him. When police arrived, they found Burgert and Sisler. The men claimed they were attempting to serve papers for a lawsuit, even though Sisler's license to practice law had been suspended for violating rules against "dishonesty, fraud, deceit or misrepresentation." The wife of the man who called the police was involved in an earlier case that led to Sisler's license being suspended.
Following this arrest, Burgert circulated an account of alleged mistreatment by the police. It was circulated far and wide in militia circles, including by MOM. Burgert was put on house arrest. However, on January 8, 2002, the supervisor of Burgert's house arrest asked that he be jailed for ignoring house arrest rules. On that date, Burgert left a note for his wife saying he had gone fishing and vanished.
Fugitive From Justice
When Burgert didn't return home, his wife reported him missing. Supporters of Burgert immediately began accusing the police of kidnapping or killing him to keep him quiet.
In early February, the Flathead County Sheriff's office received a tip that Burgert was hiding out at house containing a large number of guns, ammunition and explosives. Upon staking out the house, authorities discovered Burgert and a woman leaving. The department obtained a search warrant for the house and found a large cache of weapons and ammunition.
Burgert and the woman, Tracy Brockway, came back to the residence, and a car and foot chase ensued. Law enforcement quickly took Brockway into custody. They eventually surrounded Burgert, who held officers at bay by threatening suicide with an assault rifle. After six hours, he surrendered.
Brockway has already been charged with obstruction. Burgert is charged with bail jumping, which is a felony with a jail term of up to 10 years, and Flathead Sheriff Jim Dupont says there may be more charges filed against Burgert and people who helped him.