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December 14, 2005: Three arrested at protest over old-growth logging

U.S.

Three arrested at protest over old-growth logging

by Kara D. Machado, 12/14/2005

EUREKA REPORTER (Oregon)

A deputy injured his back and three protesters were arrested — one of whom was pepper-sprayed — during a demonstration in support of the preservation of old-growth trees at Nanning Grove near Scotia on Friday.

Nanning Grove is owned by Scotia-based Pacific Lumber Company.

James Nolan, 32, Michelle Hernandez, 22, both of Eureka, and Kristine Pettersen, 37, of Garberville, all remained behind bars and were scheduled to be arraigned Tuesday, said Brenda Godsey, public information officer for the Humboldt County Sheriff’s Office.

Nolan faces charges of obstruction or resisting a peace officer and tampering with a vehicle.

Hernandez and Pettersen both face charges of obstruction/resisting a peace officer, trespassing and malicious mischief to a vehicle.

Each of the defendants are being held on $10,000 bail, Godsey said.

As of Tuesday, the injured deputy remained off-duty.

The demonstration and arrests took place sometime around 6 a.m. on Dec. 9.

According to a report from the Bay Area Coalition for Headwaters, about four dozen activists assembled at an active PALCO logging site, "calling for the preservation of endangered marbled murrelet habitat."

The activists stood by three access gates to the logging site, the BACH report stated, and carried a "huge banner saying ‘protect Nanning old growth.’"

BACH officials have said Nanning Grove is one of the last areas of "high-quality habitat for the threatened (marbled murrelet) on California’s North Coast."

During the demonstration, sheriff’s officials and Scotia Volunteer Fire officials were called in.

Godsey said the first arrest made was Nolan.

"He jumped onto the back bumper of the chief of Scotia Volunteer Fire Department’s pickup truck parked nearby; I understand the chief was not in the vehicle," Godsey said. "Nolan — who is about 6 feet 5 inches tall and about 300 pounds and is referred to as ‘Jumbo’ — (began) jumping on the back of truck and then went up to the cab (of the pickup) and started pounding on top of it."

A deputy asked Nolan to come off the truck and Nolan did, but ran across the road. The deputy then told Nolan to stop and come back, Godsey said.

Godsey said Nolan continued to ignore the orders of the deputy and, at one point, when the deputy tried to take Nolan into custody, Nolan grabbed onto a chain-link fence and was "actively resisting."

"(At one point) a sergeant, some distance away, saw the deputy trying to get Nolan into custody and sent a second deputy," Godsey said. "When the second deputy arrived and ordered (Nolan) to put his hands behind his back, Nolan failed to comply and was sprayed with a one-second burst of pepper spray.

"He then complied at that point."

During the struggle with Nolan, a third deputy had been sent over to help, Godsey said, and injured his back.

"He is off for a couple of days (to recover) from the injury he sustained during the struggle," Godsey said.

When Nolan was on the ground, he was taken into custody and said that he required medical attention.

According to BACH, Nolan required attention because of an asthmatic condition.

Godsey said Nolan refused care from the Scotia Volunteer Fire Department, which was nearby, and an ambulance was called per his request.

Nolan was taken to a nearby hospital where he was seen by a doctor and cleared for booking.

Approximately 10 to 15 minutes after the melee with Nolan, Hernandez and Pettersen were arrested.

As a "one-log" truck — what BACH officials say is "a logging truck bearing a section of redwood tree so large that only one section can fit on the trailer" — was attempting to leave a main gate, two women (later identified as Hernandez and Pettersen) "spontaneously" sat in front of it.

Godsey said the two women then jumped on top of the logging truck as it was trying to leave.

Sheriff’s officials got a ladder, climbed on top and a sergeant tried to persuade the women to come down from the truck, Godsey said.

"(Pettersen) came down on her own," Godsey said. "(Hernandez) refused to climb down on her own and had to be carried down on the ladder (without a struggle)."

Once on the ground, the two women were taken into custody, Godsey said.

Godsey said that protesters, in the passion of a cause, have a tendency to forget the potential to harm themselves and others.

"You have Nolan, who was pepper-sprayed — (authorities) are allowed, ethically and legally, to use the minimum amount of force necessary to effect the arrest — and a deputy who was hurt," Nolan said. "In the passion to further their own cause, (demonstrators) have sometimes demonstrated a willingness to endanger others, as well as themselves."

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