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Kevin Tubbs Detention Hearing Report

Kevin Tubbs was denied release on bail pending trial (Monday, Feb. 6th) in the US District Court in Eugene.
Kevin Tubbs was denied release on bail pending trial (Monday, Feb. 6th) in the US District Court in Eugene.

Tubbs' attorney, Marc Friedman, argued that he should be released because:

- the crimes of which he is accused are at least 5 years old, and as old as 11 years
- Kevin "is not the same man" he was then and that is why Kevin is cooperating and intends to continue cooperating
- if Tubbs fled, he would bankrupt his family and loved ones
- his employer (Castle Adult Superstore) had written a letter of intent to continue employing him
- false ID found at Tubbs' residence during the arrest were from his 'long ago past"
- there is no measurable danger to Tubbs, as Cooperating Witness Jacob Ferguson has remained in Eugene, made contact with people, and was not harmed
- he is not a flight risk as his willingness to cooperate has been posted on the web and blogs, so no one would assist him in fleeing.

Federal Prosecutor Kirk Engdall countered that Tubbs should remain in custody because:
- the letter from his employer does not expressly guarantee his employment
- real estate offered as security is from friends as "hush money" for an action in 1999 in which Tubbs and nine others liberated dogs implanted with pacemakers at BioDevices, Inc., transported the dogs to a sympathetic veterinarian who removed the devices and adopted the dogs out in the "underground network". He said that Tubbs' duty was to take a videotape of the action to these friends who had constructed a "clean room" in their residence to duplicate the videotapes for dissemination. [revised from original post. Please update any repostings]
- letters from supporters asking for his release shouldn't be taken into account, as none of these people seem to be aware of Tubbs' "violent nature"
- Tubbs' circumstances should not be compared to other defendants' who had been released, as he is charged in 9 major arsons, whereas other defendants are charged in no more than two each
- Tubbs publicly acknowledges his guilt
- He clearly has an association with ALF/ELF and would need no funds of his own to flee, as demonstrated by the flight of defendant Overaker
- His ex-girlfriend is Rebecca Rubin who has also absconded, and that in recorded statements to CS-1 (who Engdall stressed is as yet unnamed) Tubbs stated that Rubin and Darren Thurston had given him information about how to cross the Canadian border
- He has used extensive measures to hide his identity including wearing special clothing which he later destroyed, removing and destroying tires of vehicles used, and use of false identification and aliases such as Ronald Eugene Calloway and Kevin Lilly, and Kevin Michael Golitz [sp?]
- That two safes found at his residence during the arrest contained false documents, lost and stolen ID
- That he is a danger to the community and has prior convictions for the manufacture of marijuana, and throwing urine at police officers
- That nine arsons he has been charged with total damages over $11 million, not including five others he's been implicated in
- That Tubbs placed time-delay devices next to a gas main intended to go off after first responders arrived at the scene of one arson
- That at another attempted arson, a father and son tried to remove an ignited device spilling fuel on themselves and endangering their lives
- That at West Eugene Police Substation, a watchman attempted to remove a bicycle with a device which spilled fuel and endangered his life
- That at Jefferson Poplar Farm, a device was placed next to a large propane tank
- That he made statements in recorded conversations with CS-1 that he missed being involved in actions and didn't regret any actions he had taken part in, and that these recordings are recent
- That he also made statements about the Biscuit Timber Sale about how inadequate it was that four women had locked themselves to the bridge only to be arrested, when he would have blown himself up instead
- That he had also stated "If you love your cause, you should be willing to die for it," and prosecutors believe that, until he was arrested, he had still been willing to die for his cause
- That Tubbs is a "desperate man" facing life plus many years, and has the means and knowledge to escape

Friedman countered that:

- His role was minor in every act of which he stands accused
- Maps of Canada and false ID were perhaps foolish for Tubbs to hang onto, but he had no intent of using them
- They were offering security that would bankrupt his loved ones
- Pretrial Services could impose stiff conditions
- He is not a risk of flight or to the community

Magistrate Judge Coffin in his ruling stated that the charges are extreme and violent and that he rejects the notion that intent to only destroy property poses no threat to human beings. He said that time-delay devices were used and that all the defendants were very lucky that no one had been killed or they would be facing homicide charges. He said, "Arson is extremely violent." He said to Friedman that he found it ironic that "your client is cooperating" and that for the released defendants he had taken into account the far out date set for trial, but that Tubbs admits committing the crimes and therefore will not be released. He said one thing he may take into account which could change his mind was any pending plea agreements offered by the government. He recessed court and asked for counsel to meet at that time in his chambers to discuss possible deals. (Any deals made today should be available in public records soon.)
Mary Jane 08.Feb.2006 09:36

bzfgt

"Manufacturing marijuana?"

Please note 08.Feb.2006 10:15

Gumby Cascadia

... that in court only the last names of persons offering real estate as security were used. First names from the original post have been removed. Please update any repostings of the original article to reflect the changes. Thanks.

Just curious 08.Feb.2006 13:25

george

"Kevin "is not the same man" he was then and that is why Kevin is cooperating and intends to continue cooperating"

does...that mean...? i mean, when they say he's "cooperating," they don't mean, u know, um...snitching. do they? i guess i haven't been following this story closely enough, but if he did what they say he did -- and i have no knowledge that he did, nor do i even know him, so don't take this as anything mr lawyer guy -- but if he did, or if anyone else did, then i am really in support of that. who would believe that a person would face jail time for rescuing dogs? who would believe that the people who abused those dogs with frankensurgery would be the ones on the outside, while this guy gets put behind bars for allegedly rescuing the dogs? shit. what a twisted world, with no moral authority left among those who pretend to lead.

i want to support someone who is accused of doing this (whether or not they did), at least in my heart. but not if they are..."cooperating" in a manner that means other people might get in trouble for them. please note, i'm just asking if he was snitching, not concluding that he was. obviously, the lawyer could mean any number of things. i'm just really concerned to make sure.

If it walks like a duck... 08.Feb.2006 15:02

2+2=duck (quack!)

Kevin Tubbs - On the 25th of January 2006, at the bail hearing of Daniel McGowan, Officer Harvey of the EPD, stated, under oath, that Kevin Tubbs had cooperated with them in their investigation against Daniel McGowan. ELP does not know the extent of the cooperation Tubbs has given the police (Officer Harvey did not disclose that) but as a precaution, pending further investigation, we are removing Kevin Tubbs from our prisoner list.


From Suzanne Savoie's Criminal Complaint and Arrest Affidavit [CS-4 is believed to be Kevin Tubbs]:
"I reviewed other reports prepared by SA Ferreira in which I learned that Ferreira spoke with a confidential source (CS-4) who stated s/he was involved in the arson at Superior Lumber Company in Glendale, Oregon, on January 2,2001. CS-4 told Ferreira that among others involved in that arson were Daniel McGowan and his girlfriend, who served as lookouts while others set the incendiary devices. CS-4 identified McGowan from a photograph and noted the arsonists used "walkie-talkies" to communicate at the scene."

hmmm 08.Feb.2006 15:26

.

Surely the ELP isn't suggesting that the word of a cop be taken as truthful? I doubt there are many that would respect or agree with that position. I'm not saying you're wrong, but you'd better come up with some evidence other than the statement of an individual from an organization renowned for lying.

Powerful Interview 08.Feb.2006 20:02

A listener

Did anyone listen to Lauren Regan this morning on KBOO at 10:00?
Does anyone care to comment?

. 08.Feb.2006 20:29

S

Surely the ELP isn't suggesting that the word of a cop be taken as truthful?


Tubbs own lawyer says he is cooperating. And if he were not, seems like there would be someone saying so. It does look likely, and it is good to see people staying open minded to see further evidence.

Archived KBOO show with Lauren Reagan, Jim Flynn, and Churchill 08.Feb.2006 23:30

from people riseup website:



Kevin 09.Feb.2006 21:02

-

Kevin is a wonderful, loving person. Please visit his website at www.supportkevintubbs.org

Kevin Tubbs is a sincerely good person 10.Feb.2006 10:24

and anyone who doesn't think so, doesn't know him

There were a lot of outrageous and false claims made during this hearing. The prosecuter offered no evidence to back up his claims, and clearly didn't need to in order to sway the judge. They would be hard pressed to find anyone that knows Kevin that would say he is a violent person or a threat to the community. The Kevin that I know and love is a compassionate and gentle person with a great respect for life. He would never hurt anyone.

Stan Meyerhoff? 14.Feb.2006 12:42

Someone Watching

Tubbs is cooperating. This is well known.

I have a question however for anyone who was at this hearing on Monday: Stan Meyerhoff (who also is coopoerating) was scheduled to appear along with Kevin just as they appeared together two weeks back. Was he there too, and if so might you be able to post an update to his situation as well. Thanks in advance.

No Stan 15.Feb.2006 11:12

Gumby Cascadia

Stan was not there, and was not scheduled to be there that I know of.

Gumby Rocks 18.Feb.2006 06:40

L

Thanks again Gumby for keeping us all informed and supporting those who deserve it.

support Kevin 18.Feb.2006 22:17

his sister

please visit Kevin's website www.supportkevintubbs.org

Thank you!

hard to believe 24.Mar.2006 11:44

a concerned friend

i find it extremely hard to believe, knowing kevin as i do, that he would "cooperate" with law enforcement by incriminating others. this is just not who he is. i hope there are still others out there who feel this, too, and who continue to support him.