Bombing Suspects Held Without Bail Magistrate Agrees Three Defendants Pose Risk If Released Into Community

Three men accused of the Spokane Valley bombings and bank robberies will stay in jail.

U.S. Magistrate Cynthia Imbrogno ordered Robert S. Berry, Charles H. Barbee and Jay Merrill held without bail at least until a grand jury convenes sometime next month.

During Wednesday’s hearing, Imbrogno agreed with federal prosecutors, who said the defendants - linked to militia groups and white supremacy - pose a danger to the community and are likely to flee if released on bail.

Court-appointed lawyers for the defendants argued that all three Sandpoint-area residents should be released.

Each is employed and has strong ties to North Idaho, their lawyers said. Barbee and Berry have family members in the region.

Attorney Roger Peven, who represents Barbee, said the suspects didn’t resist arrest, even though they were within reach of a small arsenal of weapons.

“That also indicates their respect for authority,” said John Rodgers, Berry’s lawyer.

Up to 50 federal agents swooped in on the trio Oct. 8 at a convenience store in Union Gap, Wash. During searches of the suspects’ vehicles, agents recovered at least seven loaded guns, six fragmentation grenades, camouflage ponchos and copies of a threatening letter mailed to The Spokesman-Review.

The three men could face mandatory life imprisonment if convicted of the Valley bombings and robberies.

On April 1, masked men detonated a pipe bomb behind The SpokesmanReview’s Valley office, then robbed and bombed a nearby U.S. Bank branch.

On July 12, a pipe bomb ripped into the Valley Planned Parenthood clinic. Minutes later, the same U.S. bank was robbed.

During Wednesday’s detention hearing, new details about the three defendants emerged, but the picture remained fuzzy.

Merrill, about 50, was described as a trained nuclear engineer who moved to North Idaho in 1988.

He doesn’t have a criminal history aside from a traffic offense 10 years ago, although he allegedly told a confidential informer that he wanted to kill a police officer. The informer described Merrill as a militant.

Merrill works for himself, though it’s unclear what that line of work is.

Berry, 42, has been married more than 18 years, with a stable network of children and family in the Pacific Northwest, Rodgers said. He runs an automotive repair business.

Rodgers questioned the accuracy of the court’s pre-trial investigative report, which states Berry has been a fugitive in the past and has a criminal record that includes convictions for first-degree theft and conspiracy to commit forgery.

Barbee, 44, worked for AT&T for 22 years. He’s been married for 15 years, and has two children, 8 and 11. Peven said he has talked to some of Barbee’s many friends and supporters.

“They see Mr. Barbee as an individual who will keep commitments that he makes,” Peven said.

Barbee made numerous court appearances last year while facing weapons and marijuana charges in Kelso, Wash., last year, Peven said. Barbee refused to pay a $650 fine in that case because of his religious beliefs, the attorney said.

At Wednesday’s hearing, a Spokesman-Review article published last Dec. 3 was admitted into evidence. The article extensively quotes Barbee, who said he and Berry belong to a small group of North Idaho “patriots” prepared to defend against government tyranny.

“We have to be ready to conduct guerrilla warfare,” Barbee said.

, DataTimes