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article from Montana Human Rights Network News, August 2002

Jailed Militia Member Facing Additional Charges

Project 7, a militia group in Kalispell, was reportedly stockpiling weapons and planning to assassinate local law officers and judges. The group's alleged leader, Dave Burgert, has already been sentenced to prison time and faces charges of assaulting a police officer, and these proceedings aren't even related to Project 7. Federal law enforcement continues to investigate the militia group, but no charges have been filed. However, Burgert and his lawyers have had their hands full dealing with charges racked up during his combative relationship with local law enforcement.

Burgert was found guilty of obstructing an officer and resisting arrest. The charges stemmed from Burgert injecting himself into a traffic stop in November 2001. The police had received a call from a man saying he was being stalked by men in a vehicle. When the police arrived, they found two men. Burgert arrived at the scene shortly thereafter. The officers at the scene recognized Burgert has a suspect in a case of assaulting a police officer. They repeatedly asked him to leave, but Burgert refused. He was pepper sprayed and arrested. A jury found Burgert guilty on both charges relating to the incident. He was sentenced to the maximum jail term of one year and ordered to pay over $1,500 in court costs. As we go to press, he has appealed his convictions.

The reason police recognized Burgert during the traffic stop in November 2001 is because of another altercation in January 2001. Burgert and Robert Cesnik are accused of choking and punching a Flathead County Sheriff's Deputy, after the deputy tried to pull over Cesnik. The incident resulted in Burgert and Cesnik being charged with felony assault. It was while he was waiting for trial on these charges that Burgert staged his own disappearance. When police tracked him down, he engaged in an armed standoff with them before surrendering. While looking into the circumstances surrounding his disappearance, police discovered Project 7.

District Court Judge John Warner will conduct the trials on the assault charges. He has mentioned he may move Burgert's trial to Havre, because of all the publicity surrounding Project 7. He may also combine the assault charges with the bail jumping charges related to Burgert's self-induced disappearance. The trial will likely happen in September or October. Cesnik's trial is schedule for Aug. 28 in Kalispell.