LDS Militiaman Coleman Barney Sentenced To Five Years In Federal Prison For Weapons Violations, But Gets Credit For Time Already Served

Former Alaska Peacemaker militiaman Coleman Barney, a member of the Church of Jesus Christ of Latter-day Saints who was found guilty of conspiracy to possess unregistered silencers and possessing an unregistered destructive device on June 18th, 2012, but not convicted on conspiracy to murder charges, learned of his fate on September 24th, 2012. Judge Robert Bryan sentenced Barney to five years in prison, but credited him with time already served. This means Barney only gets three and a half years additional time and would be free no later than March 2016, with an earlier release possible for accumulated good time. In general, federal prisons offer a good time credit of 54 days per year of a sentence.

Prosecutors had sought a 10-year sentence, laying out their case in an 11-page sentencing memorandum during a September 19th pre-sentencing hearing. They maintained that Barney's use of weapons and personal armor in commission of a crime and lies they claim he told when he testified on his own behalf warranted a stiffer sentence than might otherwise be justified. In response, Barney's defense team submitted 53 letters on his own behalf, most from relatives, friends or members of the North Pole Ward where he worshipped, asking that he be released with only the time he has already served. "Coleman is one of the most honest men that I have ever met," said friend Richard Matteson. "His dedication to God, family and country rival that of anyone I know. He is a God-fearing man that does not take his covenants to God and his church lightly."

Judge Bryan basically split the difference, acknowledging that Barney might have been a good family man, churchgoer and businessman before he linked up with militia leader Schaeffer Cox in 2010, but his choices afterward pointed him in the direction of prison. In the spectator's section, Barney's wife and mother were crying; later, after Barney was led away in handcuffs, his wife Rachel said she thought he was unfairly prosecuted. "I will stand by my husband," she said. "Some day, all the facts will come out. I believe in my husband's innocence."

Any time a member of the LDS Church gets into high-profile legal trouble, the local bishop will report the information up the Priesthood chain of command through the stake president to LDS Church headquarters so that the leadership can be aware of the situation and determine appropriate responses. Recently, Dallin H. Oaks, a member of the Quorum of the Twelve, indicated possible awareness of the Coleman Barney case when he delivered an address at the BYU Marriott Center counseling LDS members to avoid getting involved in militias or paramilitary groups who organize on the basis of end-time prophecies, to include the now-disavowed White Horse Prophecy. While Elder Oaks did not mention Coleman Barney by name, it is the first time in recent memory that I can recall an apostle speaking out on militia groups.

Since this post was published, two more people who served on the jury that convicted Barney have spoken out:

David Oberg September 25th 1:14 P.M (Anchorage Daily News):
I commend Judge Bryan for imposing a compassionate sentence commensurate with the crimes for which Coleman Barney was convicted. As a juror in the case, I was disturbed by the prosecution's sentencing document in which he was characterized as a cold-blooded killer and called for a 10-year sentence. However, I am a bit disappointed in Barney and his wife for their assertion that he is innocent. While I was not totally comfortable with the government informant's role in procuring the silenced pistols, there can be no doubt that he did express a desire to possess one and took steps to get it, with the full understanding that it would be unregistered and therefore illegal. It is also a fact, established by evidence and testimony, that he on at least one occasion had in his possession an "illegal unregistered destructive device" in the form of a hornet's nest round inserted into a 37mm launcher. I don't think he knew it was illegal, but ignorance does not excuse him from the law. I fully expected Coleman and his family to accept that he had made some bad decisions, and would accept the consequences of those decisions. It pains me that they haven't.

alaskanflyer September 25th 13 Hours Ago (Fairbanks Daily News-Miner):
A fair sentence for a good man who made some bad decisions supporting a "friend". As a juror in the case it was clear to me that Coleman Barney would never harm another except in lawful self-defense. My faith in Judge Bryan's wisdom has been justified.

alaskanflyer September 25th 1 Hour Ago (Fairbanks Daily News-Miner):
I was convinced by both the evidence presented and testimony that, had the government not intervened, two of the defendants would have killed somebody unlawfully at some time in the future given the right circumstances. The convictions were NOT about what the defendants SAID. They were for what the defendants DID to further what they had said. Saying you are going to do something illegal is protected (within limits)by the Constitution, but amassing illegal weapons (Sten gun, grenades, etc.)and making plans to actually DO it is a crime.

alaskanflyer September 25th 1 Hour Ago (Fairbanks Daily News-Miner):
Actually, he never took possession of a silencer (the conviction was for "conspiracy to possess an unregistered silencer")and he never possessed or indicated that he wanted to possess a hand grenade. We also convicted him for possession of an "unregistered destructive device", an allegation clearly and convincingly proved by both evidence and testimony.

Jury Hangs On Murder Conspiracy Charge Against LDS Militiaman Coleman Barney, But Convicts On A Couple Of Weapons Charges

The verdicts in the Schaeffer Cox militia trial were returned by the jury in Anchorage, Alaska on June 18th, 2012, and as I expected, Coleman Barney, a member of the Church of Jesus Christ of Latter-day Saints, got off lighter than the other two. While Schaeffer Cox and Lonnie Vernon were both convicted of conspiracy to murder, the jury was unable to reach a verdict on that charge for Barney. They did convict him on a couple of weapons-related charges. Other local media stories were published by the Fairbanks Daily News-Miner and Alaska Dispatch, with a video story from KTVA Channel 11

The Anchorage Daily News has published a detailed graphic documenting each count and the verdict on the three defendants. From this graphic comes the tale of the tape on Barney:

Count 1 - Conspiracy to possess unregistered silencers and destructive devices: Guilty.

Count 9 - Possession of unregistered destructive devices (37mm launcher loaded with a “Hornets Nest” anti-personnel round, which was not registered to him in the National Firearms Registration and Transfer Record): Guilty

Count 2 - Possession of unregistered destructive devices (four hand grenades, which were not registered to either of them in the National Firearms Registration and Transfer Record): Not Guilty

Count 11 - Possession of unregistered destructive devices (four “Hornets Nest” anti-personnel rounds and two associated 37mm launchers, which was not registered to him in the National Firearms Registration and Transfer Record): Not Guilty

Count 8 - Carrying firearms during a crime of violence (count 1): Not Guilty

Count 13 - Carrying firearms during a crime of violence (conspiracy to murder): Not Guilty

Count 12 - Conspiracy to murder: Deadlocked

-- Read the complete 24-page indictment HERE for the specifics of each count.

Coleman Barney's testimony on June 7th may have been the key to introducing just enough doubt in the jury to trigger the deadlock. As a business owner, a family man, and an active member of the North Pole LDS Ward, he brought significant credibility to the table. During his testimony, he portrayed himself as someone who joined Cox's militia strictly for patriotic reasons, being concerned about end-time prophecies and the potential for catastrophic tribulation in the United States. But as Schaeffer Cox ratcheted up his rhetoric and behaved more provocatively, Barney testified he cautioned Cox to tone things down, because Cox's rhetoric was shining a bad light on the entire group. It wasn't the behavior he'd expected from the group of Christian men he'd signed on with to defend families and homes in the event of economic collapse. So Barney belatedly realized that the militia was going the wrong direction, and was slowly extricating himself from it when the axe fell. So some jurors believe that given more time, Coleman Barney might have left the militia altogether of his own volition. Unfortunately, the Federal government didn't give him the additional time.

The two counts on which Barney was convicted could bring anywhere from 5 to 20 years imprisonment when he is sentenced on September 24th, depending on whether the judge decides to sentence concurrently or consecutively. After the trial, Barney's lawyer, Tim Dooley, announced his intent to appeal, and when asked if he would have done anything differently, said “There’s the trial you plan to do, the one you actually did, and several months later, the one you wish you did”. He added that he was happy that he had put Barney on the stand in his own defense, but was surprised that the jury came back with guilty verdicts for the other two defendants on the charge of conspiracy to murder.

However, there's one more prospective problem for Barney. Because the jury hung on Barney, the federal government could legally re-try him on the same charge without violating the double jeopardy rule. This is how the feds tried Hal Turner three times on the same charge; in the first two trials, the jury deadlocked and the judge declared a mistrial. Assistant U.S. Attorney Steve Skrocki has not ruled out pursuing the charge again in a new trial.

Update June 22nd: Prosecutor Steve Skrocki has now declared he will not re-try Barney on conspiracy to murder charges.

LDS Militiaman Coleman Barney Takes The Stand In His Own Defense In The Schaeffer Cox Militia Trial In Anchorage, Alaska

Update June 18th: Jury deadlocks on conspiracy to murder charge, convicts Barney on a couple of weapons-related charges. Updated post HERE.

The trial of Alaska militia members Schaeffer Cox, Coleman Barney, and Lonnie Vernon has been in progress at U.S. District Court in Anchorage, Alaska since Monday May 7th, 2012. The three are accused of conspiracy to murder officers and employees of the United States, solicitation to murder an officer of the United States, and carrying firearms and destructive devices during and in relation to a crime of violence (conspiracy to murder). Cox and Barney are also accused of possession of hand grenades, and Cox is accused of possession of a machine gun. Cox and Barney are also accused of possession of other destructive devices and conspiracy to possess silencers and destructive devices.

-- Read the complete 24-page indictment HERE. 
-- Read daily synopses of the trial, to include media links, HERE.

Finally, on Days 18 and 19 of the trial, Coleman Barney, who's a member of the North Pole Ward of the Church of Jesus Christ of Latter-day Saints, got his opportunity to testify in his own defense. Late on Wednesday June 6th (day 18), Barney first took the stand, introducing himself to the jury as a father of five and an electrician. Barney said he first encountered Schaeffer Cox at a meeting of the Second Amendment Task Force in 2009. He was subsequently invited to and attended a militia training weekend in January 2010, joining several other men for physical fitness tests and early morning runs.

On Thursday June 7th, Barney was grilled in earnest. When he was asked if he believed Cox's claims that a six-man team of federal assassins was out to kill Cox, Barney said he thought it was unlikely but possible, because of incidents like Ruby Ridge that have happened in our country in the past. The mere mention of Ruby Ridge then triggered a sidebar discussion during which Judge Bryan temporarily excused the jury. Prosecutor Steve Skrocki claimed the defense was trying to "bootstrap" Ruby Ridge into the militia trial although they had not previously cited Ruby Ridge as a reason to surround Cox with armed security. In contrast, defense lawyer Tim Dooley said it was the FBI's own informant who can be heard talking about Ruby Ridge on evidence tapes. Finally, Judge Bryan said that he would not allow Ruby Ridge to be re-tried in his courtroom. The jury was brought back in, and the trial resumed. Barney was only allowed to say that his understanding of Ruby Ridge, which he learned about through talk shows and conversations at a Second Amendment Task Force meeting, caused him concern.

Barney said he was initially attracted to Cox because they both liked guns and shared similar concerns about America's financial instability. Cox had taken steps to assure his family's survival if society collapsed; he stored food and household supplies. He kept a few weapons on hand to keep the peace and protect his family should government break down, giving rise to lawlessness. Returning the nation to purer principles and better values was a movement he could get behind.

But Barney became uncomfortable with Cox's escalating rhetoric. He said statements about firepower, killing and bloodshed that Cox had made to judges and troopers were too bold, too jarring, risking the credibility of the militia and other like-minded, liberty-pursuing patriots. Barney also said he cautioned Cox to tone things down, because the shocking speech shined a bad light on the entire group. It wasn't the behavior he'd expected from the group of Christian men he'd signed on with to defend families and homes in the event of economic collapse.

LDS Militiaman Coleman Barney Now Indicted By Federal Grand Jury For Murder Conspiracy In Alaska, Could Face Life Imprisonment

Update June 7th, 2012: Coleman Barney testifies in his own defense; updated post HERE.

Update May 10th, 2012: Trial of Coleman Barney currently in progress, expected to last through mid-June. Daily summaries and media links available at Alaska Pride.


On January 23rd, 2012, a federal grand jury in Anchorage, Alaska returned a superseding indictment of Alaska Peacemaker Militia members Schaeffer Cox, Coleman Barney, and Lonnie Vernon for murder conspiracy in what has become known as the 241 case. Barney was previously identified as a member of the Church of Jesus Christ of Latter-day Saints, assigned to the Eielson Ward in North Pole, Alaska. All three individuals pleaded not guilty, and the trial, originally scheduled to begin on February 6th, has now been pushed forward to May 7th. The Anchorage Daily News has two stories on the two-day hearing; Day One and Day Two.

-- Read the complete 24-page indictment HERE. The murder conspiracy charges are reflected in Counts 12-16 of the new indictment. Count 12 is the heavy count that could bring life imprisonment.

To briefly recap this increasingly complex case, Cox, Barney, Vernon and two others were arrested in March 2011 following a joint state-federal investigation into Cox's activities. Investigators allege Cox had swayed his followers to help him avoid prosecution in other matters, and had convinced them to participate in kidnapping and killing of government officials -- state troopers, a judge, U.S. Marshals, TSA officials, and personnel with the U.S. Dept. of Homeland Security -- as retaliation in the event any of them attempted to apprehend Cox. The plan was dubbed the "241 Plan", meaning for every militia member taken out, two cops would be taken out. Plans allegedly included staging armed patrols in public places and acquiring and making illegal weapons.

Much of the federal case revolves around two informants expected to testify for the government. Gerald Olson is the "dirty" informant in the case, having made three felony charges go away in exchange for his cooperation. Despite defrauding numerous customers, he ended up pleading guilty only to second-degree theft, and got probation. In contrast, William Fulton, who formerly owned Drop Zone Security, is the "clean" informant, facing no charges, but who suddenly disappeared from view after the initial arrests of the Schaeffer Cox crew in March 2011. The credibility of both informants has been already challenged by the defense lawyers; in fact, the parallel state case against the three was abandoned by state prosecutors on October 17th, 2011 when Alaska Superior Court Judge David Stewart ruled that more than 100 hours of audio and video surveillance could not be used as evidence in the state's case. Under Alaska state law, which offers greater privacy protections than the U.S. Constitution, the judge ruled the warrantless recordings unconstitutional.

Coleman Barney has steadfastly maintained his innocence throughout his ordeal, which now stretches into the tenth month. During this time, Barney's repeated requests for bail have been denied, cutting him off from his family, congregation, and community. Numerous members of his ward have written supportive letters attesting to Barney's sound character and patriotism. The LDS Church customarily does not take action against the membership of someone in this situation unless or until they're found guilty in a court of law.

It is apparent that the ringleader, Schaeffer Cox, shot off his mouth a bit too loudly about his dissatisfaction with government, and the feds have decided to come down hard on him and his cohorts to administer an object lesson to anyone who dissents in this country. This indictment is the third handed down during this sequence, which implies that the feds are haphazardly flinging as much poo at the walls as they can in hopes that enough of it will stick to get a conviction.

For more background on this case:

-- Anchorage Daily News portal to past stories HERE.

-- Fairbanks Daily News-Miner portal to past stories partially available via this story.

-- Read all Alaska Pride posts on this case HERE.