Ammon Bundy and nine other defendants remain behind bars following Friday's marathon detention hearing, their second appearance since Wednesday's arrests.
Shawna Cox, 59, of Kanab, Utah, is the only occupier the government recommended releasing. US Magistrate Judge Stacie F. Beckerman determined the other defendants posed too high a risk to be allowed out of jail on their own recognizance, even under strict conditions.
"There are no conditions that I could impose to reasonably ensure the safety of the community or that Mr. Bundy would come back for court appearances," Beckerman said.
Of the nine defendants—each of whom faces one count of felony conspiracy—Beckerman ruled Ammon Bundy, 40, of Emmett, Idaho, and his brother Ryan Bundy, 43, of Bunkerville, Nevada; Ryan W. Payne, 32, of Anaconda, Montana; Joseph D. O'Shaughnessy, 43, of Cottonwood, Arizona, Jason Patrick, 43, of Bonaire, Georgia would not be eligible for pre-trial release.
Beckerman said she needed more time to decide whether to release independent broadcaster Pete T. Santilli, 50, of Cincinnati, saying it was a "close call."
Brian Cavalier, 44, of Bunkerville, Nevada, and Duane Ehmer, 45, or Irrigon, Oregon had their detention hearings set over until 1:30 pm on Thursday, February 4.
Jon Ritzheimer, 32, of Peoria, Arizona, best known for dramatically sweeping sex toys off tables, is also in police custody after surrendering in Arizona. He'll be shipped back to Oregon for future court appearances.
At a Thursday hearing Beckerman announced she won't release any of the defendants while the armed standoff at the Malheur National Wildlife Refuge near Burns continues.
Mike Arnold, one of the attorneys representing Ammon Bundy, in a news conference after Friday's hearing said he worried the judge's decision to detain the defendants would cause the occupiers remaining at the wildlife refuge to dig in. Arnold, speaking on behalf of Ammon Bundy, has said asked several times for the four holdouts "please stand down."
Ammon Bundy spoke during the hearing, echoing his attorney.
"It never was about an armed standoff," he said. "I've asked those people at the refuge to go home and resolve this through the courts."
Beckerman didn't buy it, pointing out that, for the Bundy brothers at least, this wasn't their first armed stand off with law enforcement.
"I reject the argument that this was just a peaceful protest," she said. "Your actions put law enforcement at risk and the people of Harney County in danger. A human being lost his life because of this occupation."