Ammon Bundy has proposed a plea deal in the criminal case against him in Ada County related to his presence at St. Luke’s hospital in Meridian the night of March 11, 2022. Judge Annie McDevitt has rejected the plea deal and ordered the trial to move forward.
The incident stemmed from the removal of Baby Cyrus Anderson from his parents that evening by order of the Idaho Department of Health and Welfare. You can read more here.
Bundy sent out an email two days ago on January 21, 2023. In that correspondence he reports that he has proposed a deal in order to avoid going to trial, which was scheduled to begin today, January 23.
“I made a peace offering to St. Luke’s executives and settled the criminal case outside of court. Agreeing to a fine and a suspended sentence of 90 days jail. I have never done this before and it is certainly not my style. I prayed and pondered about this move for many days. I did not perjure myself and kept this agreement within the moral boundaries that all of us must live by as children of God. This was not an act in fear or desperation.”
You can view the entire statement here.
David from the Idaho Dispatch was in the courtroom this morning. Christopher McCurdy of Holland & Hart, the law firm representing St. Luke’s hospital in the civil case against Bundy, joined Ada County Deputy Prosecutor Chris Topmiller in discussion of the deal. McCurdy proposed higher penalties be imposed, including an immediate jail sentence.
Bundy’s defense included testimony that Baby Cyrus was in imminent danger by being held at St. Luke’s away from his parents. In discussing the elements of trespass in Idaho law, Bundy told the Judge that after more careful review of the video from the night of the incident, he admits St. Luke’s did communicate elements of the statutory requirements to him, which he did not realize until very recently.
He told Idaho Dispatch,
“In one of the body cam videos Eron Sanchez [The St. Luke’s Nursing Administrative Supervisor] says, ‘go to the designated area off of St. Luke’s property.’ I did not hear that when he said it at the time. No one did. Everybody who has gone through the videos did not pick that up either. But I began to transcribe that video and then caught it. This was just a couple weeks ago.Advertisement
My defense in trial was going to be a necessity defense. Because the state took baby Cyrus from his nursing mother and the CPS, St. Luke’s, or the foster parents did not understand what was going on with baby Cyrus. St. Luke’s had misdiagnosed baby Cyrus multiple times. Ultimately another doctor diagnosed baby Cyrus later with Clinic Vomiting Syndrome (CVS). If baby Cyrus would have been taken to foster parents that night when they did not understand his eating schedule, his vomiting syndrome, his sleeping schedule or what to do to keep him from dehydrating, there was a significant chance he would have lost his life. The evidence shows facts of this because when St. Luke’s took him in at the Boise location and fed him bottles, he threw the formula up and when the parents got baby Cyrus back, he had a feeding tube down his throat and bruises all over his arms and legs where St. Luke’s doctors injected him with multiple needles for IVs. I believe it was not until his mother was allowed to go give breast milk that baby Cyrus began to recover after they took him.
Ultimately, I stopped the process of baby Cyrus going to foster parents that night and possibly saved his life or from serious medical complications.”
Bundy agreed to plead guilty to trespassing with the following penalties: a $1,000 fine ($500 suspended), 90 day jail sentence (89 suspended plus credit for one day served at the time of arrest), and probation.
McCurdy told Judge McDevitt that St. Luke’s was unsatisfied with that offer. Judge McDevitt commented,
“I’ll acknowledge this is a tough one.”
McDevitt then rejected the plea agreement, and ruled that the trial will move forward as scheduled. At that point, Topmiller requested to approach the bench. Bundy and McCurdy joined. Discussion ensued and eventually the judge retired to chambers to consider the additional arguments.
When the Judge returned, additional arguments and discussion occurred between all parties. Eventually an agreement was reached: Bundy would plead guilty to Trespass. He will be fined $1,000 plus $157.50 in court costs. Suspended fine $0.00. He is sentenced to 90 days jail time, credited for 12 days and 78 days suspended (will not return to jail). He is sentenced to 1 year unsupervised probation.
Bundy spoke to Idaho Dispatch right after the hearing today: (3) Facebook Live | Facebook
This article was updated with additional information at 2:15p MT, January 23, 2023.
Tags: Ada County, Ammon Bundy, Diego Rodriguez, Judge Annie McDevitt, Plea Deal, St. Luke's Hospital, Trespassing