The Tenth Circuit Court of Appeals has upheld the convictions of Phil Lyman and Monte Wells following an ATV protest ride through a closed area of Recapture Canyon in southeastern Utah. The court affirmed that the defendants were properly convicted of operating all-terrain vehicles on lands closed by the Bureau of Land Management (BLM) and conspiring to do so.
The ruling maintains the original sentence, which included terms of probation, brief periods of imprisonment, and orders to pay restitution for damages caused to the land during the May 2014 ride.
The incident stemmed from a 2007 BLM closure of part of Recapture Canyon intended to prevent soil damage and protect archaeological resources. Phil Lyman, a former San Juan County Commissioner, was identified as a major promoter of the 2014 protest ride, which was conducted despite warnings of criminal and civil penalties.
In their appeal, the defendants raised several challenges. They argued that the presiding district court judge should have recused himself during the trial due to a friendship with the legal director of the Southern Utah Wilderness Alliance (SUWA), an organization opposed to the protest ride. However, the Tenth Circuit concluded the judge did not abuse his discretion in failing to recuse himself during the trial phase.
The defendants also presented a Brady claim, alleging the government failed to disclose a 1979 map that they argued showed a possible public right-of-way through the canyon. The court found this evidence was not material to their defense because the defendants were unaware of the map at the time of the ride and could not use it to establish a good-faith belief that the area was open.
The appellate court further rejected arguments regarding the sufficiency of evidence and the legality of the BLM closure. The court found sufficient evidence to support the conspiracy conviction, noting that Monte Wells's actions, including promoting the ride on his website The PetroGlyph, demonstrated an agreement to violate the closure order.
The decision concludes the legal challenges regarding the convictions and the restitution order for assessing and repairing land damage.
