United States vs. Fincher

Militia Headquarters Fire information Page

2007-05-01T11:29:00.000-07:00

Paul Davis has provided a link containing information about the arson fire suffered by the Militia of Washington County.

Go there.

Militia headquarters damaged by early fire

2007-04-23T12:14:00.000-07:00

As flames rose from the roof of the Washington County militia headquarters on Friday, witnesses reported hearing rounds of ammunition sporadically being fired.

"The corner office of the building was pretty involved when firefighters arrived on scene," said Washington County Fire Marshal John Jenkins. "The building was substantially damaged, but I think they’ll be able to salvage it."

Jenkins said firefighters responded to the Militia of Washington County, 15566 E. Black Oak Road, at about 6 a.m. Friday after a passerby reported seeing flames. The witness further reported hearing sounds ammunition being fired from inside the building.

"The fire was in the corner office of the building," Jenkins said. "It caused extensive damage in and around the office." Jenkins said the cause of the fire is currently under investigation. The blaze comes just two months before the sentencing date for Hollis Wayne Fincher, who founded the militia headquarters in 1994. Fincher served as the organization’s lieutenant commander until his arrest Nov. 9 when federal agents seized 15 illegal machine guns and sawed-off shotguns during a search of his Washington County home. All of the guns were examined and found to be in working order. Shortly after his arrest, Fincher’s supporters began an aggressive campaign to raise awareness of what they thought was an unjust arrest by posting "Free Wayne" signs and bumper stickers around Washington County. Fincher was convicted Jan. 12 of illegally possessing machine guns and possession of a firearm not registered in the National Firearms Registration and Transfer Record. He faces up to 20 years in federal prison and will be sentenced in the next two months.

In February, a federal judge denied a defense motion to toss out the illegal gun possession conviction against Fincher. The judge ruled that there was no basis for the defense’s motion for "arrest of judgment."

Jenkins didn’t say whether Friday’s fire was related to Fincher’s arrest, but said he was looking at a number of possibilities.

"I was on the radio this morning, and we received a call from one of our regular callers, and he told me and the listening audience that the building had burned," said Don Bright, a local resident known as a regular contributor to talk radio shows. "There’s speculation that it might be someone trying to make a point, but I don’t want to make too many projections."

Though Bright has never been a member of the Militia of Washington County, he supports their beliefs.

"I support what they stand for, which is constitutional government," he said. "I also helped raise money for Wayne’s lawyer."

The Washington County Militia is headquartered down the road from Fincher’s residence — about 5.5 miles south of Huntsville Road. According to its Web site, www.arkansasmilitia.com, the group is committed to "defending liberty and serving Washington County."

The organization holds a weekly muster every Friday at 7 p.m. that is open to the public.

From the Northwest Arkansas Times

Sentencing Set In Machine Gun Case

2007-04-23T12:11:00.000-07:00

FAYETTEVILLE -- A sentencing date has been set for a Washington County militia leader convicted in federal court of having three illegal machine guns.

Hollis Wayne Fincher, 60, was convicted Jan. 12 of possessing illegal, unregistered weapons, including machine guns and a sawed-off shotgun.

Sentencing is set for 10 a.m. June 22 in U.S. District Court in Fayetteville before Judge Jimm Larry Hendren.

Fincher faces up to 20 years in federal prison.

In March, Fincher essentially fired his attorney, Oscar Stilley, and was appointed an attorney by the court, Shannon Lea Blatt.

Fincher had two .308-caliber machine guns, homemade versions of the Browning model 1919. The other firearms were 9 mm STEN design submachine guns and a shotgun.

Fincher never denied he had the guns.

The defense tried to make a case of the Constitution versus gun laws; the government kept the case more simple, arguing Fincher had the machine guns and they weren't registered as required by federal law.

After the trial, Hendren refused to throw the conviction out after Fincher challenged the court's jurisdiction and the Grand Jury indictment against him.

Hendren said his court has jurisdiction to hear any case arising from federal law within the Western District of Arkansas. Hendren said the indictment was legally sufficient because it contained all of the essential elements of the offense charged, in this case that Fincher knowingly possessed a machine gun.

Hendren said the government was not required to put on evidence of any connection with interstate commerce in the case.

Fincher didn't testify before the jury. The judge ruled after hearing testimony, with the jury out of the room, that Fincher's proposed testimony was inadmissible because it was aimed at challenging the legality of federal gun laws, not whether Fincher had illegal, unregistered firearms in his possession.

From The Morning News

Militia Commander Fires Lawyer

2007-03-14T09:48:00.000-07:00

FAYETTEVILLE -- A Black Oak man can fire his lawyer, but will have to take whatever defense attorney the court appoints, a federal judge ruled Friday.

Hollis Wayne Fincher, 60, was convicted in January of possessing illegal, unregistered weapons, including machine guns and a sawed-off shotgun. A sentencing date has not been set.

Fincher asked U.S. District Judge Jimm Larry Hendren to appoint David Dunagin of Fort Smith as his attorney. Fincher fired Oscar Stilley of Fort Smith, who defended Fincher during his trial, citing irreconcilable differences between the two.

More at: The Morning News
Thanks to David Codrea.

Docket Item #39 Added

2007-02-08T15:31:00.000-08:00

The Fincher Docket has been updated with Item #39: Government's response to the Motion to Arrest Judgement.

Fincher Docket Updated

2007-01-23T11:28:00.000-08:00

Wayne Fincher's docket has been updated with the Motion to Arrest Judgement (Document 37) and the Memorandum Brief in Support Motion to Arrest Judgement (Document 38).

Thanks go to Paul Davis.

Free Wayne Webring

2007-01-18T15:04:00.000-08:00

We have joined the Free Wayne webring. More details can be found here.

Court Docket Updated

2007-01-18T14:27:00.000-08:00

The Fincher Docket has been updated with documents through the end of the trial.

Fincher GUILTY in Machine Gun Case

2007-01-12T13:41:00.000-08:00

It took a jury just under five hours to find Hollis Wayne Fincher guilty of owning illegal machine guns and a sawed-off shotgun.

Closing arguments in federal court in Fayetteville wrapped at mid-morning and the case went to the federal jury about 10:30 a.m. The jury returned its verdict about 3:20 p.m.

According to police, Fincher had two .308-caliber machine guns, homemade versions of the Browning model 1919. The other firearms were 9 mm STEN design submachine guns and a sawed-off shotgun.

The defense tried to make the case an issue of the Constitution versus federal gun laws. The government tried to make the case as simple as possible for jurors — Fincher had the machine guns and they weren’t registered as required by federal law.

A major issue was whether the Militia of Washington County is a valid state militia for second amendment purposes. Judge Jimm Larry Hendren ruled it’s not.

Originally published at The Morning News

Jury Deliberating In Machine Gun Case

2007-01-12T13:15:00.000-08:00

The jury is deliberating the Hollis Wayne Fincher machine gun case. Closing arguments wrapped at mid-morning and the case went to the federal jury about 10:30 a.m.

Published at The Morning News

Judge Refuses to Allow Militia Leader's Testimony

2007-01-12T13:11:00.000-08:00

By Ron Wood
The Morning News

FAYETTEVILLE -- Hollis Wayne Fincher's machine gun trial will go to the
jury today with the defense having presented no evidence or witnesses to the jury.

The defense rested Thursday after U.S. District Judge Jimm Larry Hendren ruled Fincher's proposed testimony inadmissible.

Fincher testified for more than an hour with the jury out of the courtroom so Hendren could decide if his testimony was admissible.

Hendren has repeatedly ruled the defense can attack the government's evidence but not the law that applies to the case. He also ruled, based on U.S. Supreme Court precedents, laws passed by Congress to regulate firearms do not violate the Second Amendment.

After hearing Fincher out, Hendren decided the testimony was aimed at challenging the legality of federal gun laws, not if Fincher had illegal, unregistered firearms in his possession.

Fincher maintains possession of the guns, which he does not deny, should not be criminalized because their possession was "reasonably related to a well regulated militia," based on the Second Amendment to the U.S. Constitution.

Fincher said the group would have been "derelict" not to use inexpensive, available and effective military weaponry to protect their homes and state.

Continued at The Morning News

Judge: Fincher Not in Militia

2007-01-12T08:40:00.000-08:00

FAYETTEVILLE — Attorneys for a Washington County man facing gun charges can only speak of his militia activities if they can prove the organization is sanctioned by the state of Arkansas, a federal judge ruled Wednesday.

Hollis Wayne Fincher, 60, faces charges of possession of a machine gun and possession of a firearm not registered in the National Firearms Registration and Transfer Record.

Fincher is a member of the Militia of Washington County, a group established in 1994 to “to defend the liberty of the citizens of the state of Arkansas, and these United States, through education, participation, and action,” according to the group’s Web site.

The group is not affiliated with any government agency.

No case law exists that allows a member of a “nongovernment” militia to possess illegal weapons, U. S. District Judge Jimm L. Hendren said.

Evidence on any private militia “would mislead the jury,” Hendren said. The judge also said he would have to approve all evidence about the militia before it could be introduced to the jury.

Defense attorney Oscar Stilley objected to the limitations, but declined to say in court what evidence he planned to introduce about the militia as part of his client’s defense. Stilley has said evidence about the militia group was a big part of Fincher’s defense.

The judge’s ruling delayed court proceedings Wednesday afternoon as both sides asked to consult with Hendren without jurors present. Hendren sent jurors home early and ordered the attorneys into his chambers so they could talk about concerns over evidence.

Complete article at the Arkansas Democrat-Gazette

Prosecution Rests in Fincher Case

2007-01-12T00:22:00.000-08:00

FAYETTEVILLE — The prosecution finished calling witnesses early this afternoon in the Wayne Fincher federal case.

The defense was going over it's part of the case in the judge's chambers out of the hearing of the jury before returning to open court.

Earlier Thursday, an expert testified that guns seized by federal agents at the Washington County home of Hollis Wayne Fincher are machine guns as defined by federal law and were not properly registered.

“It’s a machine gun,” Earl Griffith, a firearms expert with the federal Bureau of Alcohol, Tobacco and Firearms, told jurors as he examined one of the guns seized.

Fincher, 60, a lieutenant commander of the Militia of Washington County, is charged in federal court with possessing three homemade, unregistered machine guns and an unregistered sawed-off shotgun. He is being tried this week in federal court in Fayetteville.

According to police, two of the .308-caliber machine guns, homemade versions of the Browning model 1919, allegedly had Fincher's name inscribed on them and a reference to the Constitutional right of citizens to bear arms. The other firearms were 9 mm STEN design submachine guns and a sawed off shotgun.

Griffith said it appears the guns were bought as kits and the necessary parts to make them fully automatic were made by Fincher or others in this country.

More at The Morning News

Fincher Judge Flip-Flops on 2nd Amendment

2007-01-11T16:04:00.000-08:00

The Judge came in this morning and virtually reversed his ruling from yesterday. In addition to that, I distinctly heard him say (and the court record proves it) that the Second Amendment was an individual right in that he spoke about the Bill of Rights and stated that they were individual rights that were protected by the first 10 Amendments.

This morning he totally reversed himself and stated that the 2nd Amendment conferred a collective right. Oscar argued with that and referenced the 2004 USDOJ paper and we also have an official copy of the 1982 Senate Subcommittee report that states that it is an individual right. However, the judge only accepts recent circuit court rulings and no other authority is sufficient for evidence or proof. Oscar argued that point strenuously and the Judge didn't seem to care.

Right now, I sit at the defense table as I am assisting Oscar. It is also a good opportunity to visit with Wayne when the Judge demands that counsel meet him in chambers.

You need to post that we actually live in the Land Down Under, and our courts reflect it.

Warmest Regards,

Paul W. Davis

Judge OKs Fincher Arguments

2007-01-11T15:58:00.000-08:00

FAYETTEVILLE -- A man charged with possessing illegal machine guns will be able to argue at trial federal gun laws are unconstitutional, a judge ruled Tuesday. But, the judge is not going to allow the trial to digress into a freewheeling, uncontrolled debate of the Second Amendment in front of the jury.

Hollis Wayne Fincher, 60, a lieutenant commander of the Militia of Washington County, is charged in federal court with possessing three homemade, unregistered machine guns and an unregistered sawed-off shotgun.

Jury selection is set to begin this morning [January 9th] with opening statements to follow later in the day.

The decision by U.S. District Judge Jimm Larry Hendren will allow Fincher to present evidence to support the defense view his possession of the guns should not be a crime because they were for use by the militia. Fincher doesn't deny he had the guns.

The government had asked Hendren to bar Fincher and his attorney, Oscar Stilley, from arguing issues of law to the jury as they present their defense.

The government argued it is the court's role, not the jury's, to decide matters of law and Fincher's arguments should not be made in the presence of the jury. Prosecutors argued the jury should only hear and decide the facts of the case, not what law should apply.

Stilley wants wide leeway in order to develop a full record in case of an appeal.

The U.S. Supreme Court has not addressed a Second Amendment issue since 1943, Stilley said. That ruling said the government could place limits on the possession of military weapons by individuals or groups but cannot prohibit the possession or use of any weapon that has any reasonable relationship to the "preservation or efficiency of a well-regulated militia."

Hendren found for the government on two other issues.

The judge ruled prosecutors won't have to prove Fincher had criminal intent to obtain a conviction, only that he possessed the guns illegally.

And Fincher won't be able to argue whether the Commerce Clause to the U.S. Constitution as it relates to the guns applies to this case. The Commerce Clause gives the federal government power to regulate commerce with foreign countries and among the states. Hendren said the government doesn't have to prove the guns were involved in interstate commerce in order for Congress to be able to regulate them.

Continued at The Morning News

Wayne Fincher discussed on Talkin' to America

2007-01-11T15:51:00.000-08:00

From Aaron Zelman:

January 9, 2007

Talkin' to America Interviews David Codrea

Our latest Talkin' to America interview focuses on "War on Guns" blogger David Codrea! Listen to this fascinating interview to learn more about the injustice our government is bringing to bear on a man who is being denied his right to even discuss the US Constitution or the law in court! You'll also find some commentary on the NRA that you may find useful as well.

Don't miss the latest Talkin' to America! You can download it or read the transcript at http://www.jpfo.org/talkamerica.htm.

Update from Connie Fields

2007-01-11T15:47:00.000-08:00

Wayne's daughter reports via email that they saw him on Saturday, January 6th. He is weak but feeling better. The other prisoners are helping him out by giving him extra food. He has lost about 40 pounds since his incarceration began.

Wayne says not to worry about him and he is ready for the trial to begin. He thanks everyone for their support and prayers.

Response to Limine

2007-01-11T15:35:00.000-08:00

Oscar Stilley has released his response to the government's Motion in Limine, which asked the judge to prohibit the defense from arguing constitutional issues and matters of law in front of the jury.

Been away - And some administrivia.

2007-01-11T15:24:00.000-08:00

I've been away from my computer and unable to post for the last couple of days. Bad timing to be sure, but I'll get caught up today.

I have decided to stop the duplication of effort in maintaining the docket since Mr. Davis is doing such a fine job under the Militia of Washington County website. I will continue to archive documents in the event something happens to that resource.

More to follow shortly.

[Short] Delay Sought in Machine Gun Trial

2007-01-07T18:50:00.000-08:00

FAYETTEVILLE -- Hollis Wayne Fincher is ill and his attorneys have asked his trial for allegedly having illegal machine guns be delayed at least a day.

Fincher, 60, a lieutenant commander of the Militia of Washington County, is charged in U.S. District Court in November with possessing three homemade, unregistered machine guns and an unregistered sawed-off shotgun.

Trial is set for Monday in Fayetteville.

A ruling had not been made as of Friday evening.

Oscar Stilley, Fincher's attorney, said Friday his client had been ill since Tuesday. Fincher has been sweating profusely and experiencing nausea, vomiting, blood pressure swings and chest pains, Stilley said.

"I've got a client who, if his trial started today, there's no way he could participate in his defense, as he has a right to under the Constitution," Stilley said.

In addition to a one-day delay in the trial, Stilley is asking the judge to either order Fincher transported to a hospital or other facility for treatment or reduce his bond significantly so he can be released and seek treatment from his own doctor.

More at The Morning News

Trial Will Debate 2nd Amendment Rights

2007-01-06T17:07:00.000-08:00

A lawyer whose client is on trial for having "militia" weaponry says he'll ask questions and raise arguments about the 2nd Amendment, and then let the judge rule whether or not the Bill of Rights can be discussed in a federal courtroom these days.

A federal prosecutor in the Arkansas case against Hollis Wayne Fincher, 60, who's accused of having homemade and unregistered machine guns, has asked the judge to censor those arguments.

But lawyer Oscar Stilley told WND that he'll go ahead with the arguments.

"I'm going to ask questions, what else can I say?" he said. "There is a 2nd Amendment, and it means something, I hope."

"His (Fincher's) position is that he had a legal right to bear arms that are suitable and customary to contribute to the common defense. If it's a militia army, it's what customarily would be used by the military suitable for the defense of the country," Stilley said.

The objection to constitutional arguments came from Assistant U.S. Attorney Wendy Johnson, who filed a motion several days ago asking U.S. District Judge Jimm Larry Hendren to prevent Fincher and Stilley from raising any such issues.

"Yes, that is correct – the government does not want to allow the defense attorney to argue the law in Mr. Fincher's defense," Michael Gaddy wrote on Freedom Watch.

"If a defendant is not allowed to base his/her defense on the Constitution, the supreme law of the land, we are certainly doomed. If we allow these criminal acts perpetrated on law-abiding citizens to continue, we might as well turn in all our guns and scheduled a fitting for our chains," he wrote.

"Yes, Hollis Wayne Fincher goes on trial on January 8th – but so does our Constitution, our Liberty and our right to own firearms. If Mr. Fincher loses this battle, we all lose," he said.

For the full story, see WorldNetDaily.

Wayne Fincher's Health

2007-01-04T22:54:00.000-08:00

Wayne is NOT doing better today. In fact we have found out that the Sebastian County Jail (Tel. 479-783-4988) has neglected his medical needs to the tune of waiting 31 hours from the time he was prescribed anti-nausea medicine to the time they gave it to him. Apparently, he has not eaten for three (3) days as he is too sick. Moreover, he is becoming dehydrated. Oscar Stilley is going to request all medical logs from the jail in the morning. Since the jail is not cooperating, he will have to get a court order to see them. (It sounds like South Africa in the 1960's and 70's)

Just so the Sebastian County authorities know that everyone is watching, you might want to drop them a line and let them know you are concerned.

Sebastian County Judge -- 479-783-6139
Sebastian County Sheriff's Office -- 479-783-1051
Sebastian County Jail -- 479-783-4988

Since Wayne is under Federal jurisdiction, they will not release and information about his condition. That is okay, just remind them that he is in their custody (they are the detention contractor for the Federal Government in Western Arkansas) and they are wholly responsible for his health and welfare.

Paul W. Davis

Wayne Fincher Released from Hospital

2007-01-03T16:21:00.000-08:00

Wayne Fincher has been released from the hospital and is back in jail. No diagnosis was made but he is feeling better.

Wayne Fincher Hospitalized

2007-01-03T13:16:00.000-08:00

It has been reported to me that Wayne Fincher was taken to a Fort Smith hospital at around 03:30 Wednesday morning. Symptoms included vomiting and chest pains.

Bond Hearing Transcript Posted

2007-01-03T13:05:00.000-08:00

The complete bond hearing transcript has been posted.

Free Wayne

2007-01-01T13:24:00.000-08:00

Supporters of Wayne Fincher, a man charged with possessing illegal machine guns, have begun an aggressive campaign to raise awareness of what they think is an unjust arrest by posting “ Free Wayne” signs and bumper stickers around Washington County.

“ We want people to be aware of Wayne’s plight, ” friend Don Bright said. “ He was arrested for what we consider to be an illegal law and we think he ought to be out on the streets. ”

Hollis Wayne Fincher, 60, a lieutenant commander of the Militia of Washington County, headquartered south of Fayetteville, is charged in U. S. District Court with possessing an unregistered machine gun and an unregistered sawed-off shotgun.

Bright said a large group of volunteers has placed about 150 yard signs around the county and distributed about 200 bumper stickers in an effort to garner support for Fincher in the days leading up to his trail, which is set for Jan. 8.

Continued at Northwest Arkansas Times

Fincher Court Docket Updated (12/31)

2006-12-31T00:39:00.000-08:00

MOTION to Produce Statements by USA as to Hollis Wayne Fincher. (Johnson, Wendy) (Entered: 12/29/2006)

MOTION for Disclosure of Evidence by the Defendant by USA as to Hollis Wayne Fincher. (Johnson, Wendy) (Entered: 12/29/2006)

NOTICE of Government's Intent to use Rule 404(b) Evidence by USA as to Hollis Wayne Fincher (Johnson, Wendy) (Entered: 12/29/2006)

MOTION in Limine to Preclude Defendant From Arguing Matters of law to the Jury by USA as to Hollis Wayne Fincher. (Johnson, Wendy) (Entered: 12/29/2006)

Please see http://usvfincher.110mb.com/docket/ for details and PDF copies of filings.

Government Wants to Limit Arguments in Machine Gun Case

2006-12-30T11:38:00.000-08:00

FAYETTEVILLE -- A man charged with possessing illegal machine guns shouldn't be able to make constitutional arguments at trial, according to a motion filed Friday by federal prosecutors.

Hollis Wayne Fincher, 60, a lieutenant commander of the Militia of Washington County, is charged in U.S. District Court with possessing three homemade, unregistered machine guns and an unregistered sawed-off shotgun.

Trial is set for Jan. 8 in Fayetteville.

Assistant U.S. Attorney Wendy Johnson filed the motion asking U.S. District Judge Jimm Larry Hendren to preclude Fincher and his attorney, Oscar Stilley, from arguing matters of law to the jury as a defense. The government believes Fincher wants to argue the gun charges are unconstitutional and that the prosecution must prove an "interstate nexus" for the firearms, according to the motion.

The government is arguing that it is the court's role to decide matters of law and to instruct the jury. The jury's role is to then determine and apply the facts to the law as instructed by the court. The jury has no role in deciding legal issues, according to the motion.

The government also wants the court to order Fincher to disclose items the defense intends to use as evidence at trial, the results of any physical or mental examinations or experiments to be used at trial and provide written summaries of witness testimony the defense intends to use.

Fincher was also put on notice Friday that the government intends to present evidence about additional firearms found at Fincher's home or at the "Militia Headquarters" during the execution of search warrants.

More at The Morning News.

Letter from Wayne Fincher

2006-12-29T19:11:00.000-08:00

From the Sebastian County Jail
[In response to AFV editor’s request, this is a day in the life of Hollis Wayne Fincher inside the Sebastian County jail.]

I am doing OK here in jail. It’s not where I want to be, but it’s where I am and I try to make the best of it.

The temperature is pretty constant, probably near 70 both day and night with a few warmer and cooler spots here and there, but no problem.

The light after 10 o’clock [PM] is subdued and about 6 o’clock [AM] it is turned on bright all day and is OK for reading or writing. About 7, we are let out of our cells for breakfast, which might be about a cupful of oatmeal or grits and a piece of bread, some gravy and a tablespoon of margarine, a half pint of milk and some about 50% strength coffee. We go back to our cells for a while and then may be let out for maybe an hour, more or less, and then back to our cells until dinner at about 12 [noon].

Dinner might be some macaroni or beans or peas or sometimes a hamburger (a bun, a piece of meat and a slice of cheese with a tablespoon of mustard) and a small dessert.

A typical dinner might be maybe a half cup of salad or chopped cabbage, some beans, some margarine, two slices of white bread and some kind of meat with a small tub of applesauce and some tea.

After dinner we are sent back to our cells until about 2 [PM] or so, then let out again for a half hour to over an hour and then back to our cells until supper at about 5 [PM] for 30-40 minutes, and then back to our cells until morning.

While the food varies from day to day, it remains pretty much the same. On a scale of 1 to 10, I would say that it is about a 5. It is not bad food, but there is nothing much to complement it for. The food is supposed to be 2000 calories a day, but some days, I doubt if it makes it. Some days it might be a little more.

The bedding is like the food – adequate, but no more; an wool army blanket, a bed sheet and a cotton mattress about 30 inches wide and about 3-1/2 inches thick. Showers are open every day and you can shower nearly every day with a bit of luck. Soap, a toothbrush, toothpaste and toilet paper are provided. Other supplies can be bought at the commissary. Every one complains about the prices. I only buy a few things; paper, stamps and a very few other things. I buy no food.

We can attend in house church a couple of times a week, sometimes more. I talk to other prisoners about their need for Jesus to save them. Some take heed and are willing to listen and some go to their cells and pray. I have a Bible. Most anyone who wants a Bible can get one with out much trouble.

It is somewhat unpredictable using the phone. There are three phones for about 50 prisoners. The phones are open at meal times and the timeout of our cells, but it is a real hassle to use one with any regularity or dependability. In the visitation rooms the noise makes coherent conversation nearly impossible to take care of family needs and the 15 minute time limit is a contemptible mockery of compassion for the families of prisoners who sometimes have to travel quite a distance from home to visit their loved ones.

To sum it up, the jail is designed to provide a place to hold prisoners at the least amount of cost to the county, at the lowest acceptable level under the law.

Dear Loretta, I saw Linda for a few minutes today and she said things were looking very good, but could not elaborate.

Loretta, you and Paul and Teresa Dramer and many others are the light that shines into the darkness of tyranny.

I pray that God blesses you all and please continue to pray for me.

Yours in Jesus Christ our Lord
Wayne Fincher

Source: American Family Voice news, P. O. Box 127, Russellville, AR 72811; 479-880-2026; americanfamilyvoice@yahoo.com; Subscriptions: $25/yr

Support for Wayne Fincher

2006-12-29T19:03:00.000-08:00

FOR IMMEDIATE RELEASE

TO: News Editor
FROM: Wayne Fincher Defense Organization
SUBJECT: Support for Wayne Fincher

Family and friends of Hollis Wayne Fincher have formed an organization, The Wayne Fincher Defense Fund, to help secure the support and finances Fincher needs to fight alleged federal gun law violation charges.

Fincher, an officer of the Arkansas Militia, was subjected to a “no knock” warrant search on November 8, 2006 and was arrested for having in his possession an alleged illegal fully automatic weapon and a shotgun with a shortened barrel. A “no knock” warrant allows polices agencies to enter premises in any manner they see fit and conduct a search before the warrant is made available to the persons under suspicion.

In all 14 such searches were conducted on other members of The Militia of Northwest Arkansas. Although many of the other searches resulted in the confiscation of more alleged illegal weapons, no other person was arrested.

Fincher is currently being held in the Sebastian County jail and will remain there until his trial which is scheduled to be held on January, 8, 2006. Fincher was incapable of providing the money for his bail which was set at $250,000.

Fincher’s supporters maintain that Fincher has the constitutionally guaranteed right to “bear arms” and is not guilty of breaching any Constitutional law.

On Fincher’s behalf, his supporters are trying to raise awareness of his ordeal and are disseminating yard signs and bumper stickers with the simple message, “FREE WAYNE”.

In addition, Fincher’s supporters are soliciting donations to cover the expenses of Fincher’s legal defense and those his family will incur during his incarnation.

Others who would like to help may call 1-479-251-9639 to volunteer or mail checks payable to “The Wayne Fincher Defense Fund” at 2225 North Mockingbird Lane, Fayetteville, AR 72703.

Fincher Court Docket Posted

2006-12-23T10:02:00.000-08:00

The docket for Hollis Wayne Fincher's federal trial can be found online at http://usvfincher.110mb.com/docket/.

It contains links to court documents in the Adobe PDF format.

I will note updates and changes with postings here.

Legal Defense Fund and Contact Information

2006-12-07T12:39:00.000-08:00

A fund has been established for Wayne Fincher's legal defense. Checks may be sent to:

The Wayne Fincher Defense Fund
c/o Mr. Don Bright
2225 No. Mockingbird Ln,
Fayetteville, AR 72703

Wayne may be contacted via U.S. Mail at:

Hollis Wayne Fincher
c/o Sebastian County Jail
801 South A Street
Fort Smith, Arkansas 72901

Thanks to David Codrea and Joe McCutcheon for this information.

You feeling safer, too?

2006-11-27T09:45:00.000-08:00

First, our federal government told us of Saddam Hussein’s purported weapons of mass destruction in far away Iraq. Now we read chilling accounts of illegal weapons much closer to home. Right here in Northwest Arkansas, government agents have targeted a portly 60-year-old and a small cache of allegedly unregistered weapons as objects warranting prosecution. Hollis Wayne Fincher of Fayetteville has made headlines this month since federal agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives, operating under the auspices of the Project Safe Neighborhoods program, raided his home and found illegal firearms in his possession, according to an ATF news release.

The prosecutorial efforts against ole Wayne, who is known locally for his outspoken views on governmental interference, have been nothing less than massive as evidenced by eight months of reported federal investigation throughout the Fayetteville-Fort Smith area culminating in the issuance of 14 search warrants.

When the considerable dust from all that costly effort cleared, Fincher wound up being the only person charged with anything.

Wow. An eight-month investigation, 14 search warrants and the arrest of one aging man for weaponry that he’d openly admitted having over the years. He was even photographed holding one of the allegedly unregistered weapons, a machine gun, in a local newspaper’s feature story about him last year.

Mike Masterson continues at the Arkansas Democrat Gazette

Washington County Militia Leader Pleads Innocent

2006-11-21T10:45:00.000-08:00

A Washington County militia leader denied gun possession charges Monday in U. S. District Court in Fort Smith.

Hollis Wayne Fincher pleaded innocent to possessing an unregistered machine gun and possessing a sawedoff shotgun.

Magistrate Beverly Stites Jones set trial for Jan. 8 in Fayetteville.

Fincher, 60, is lieutenant commander of the Militia of Washington County, a group with headquarters south of Fayetteville.

He was arrested Nov. 9 when the Bureau of Alcohol, Tobacco, Firearms and Explosives raided his home on East Black Oak Road in Washington County.

Jones on Nov. 13 set bond at $ 250, 000 with the conditions that Fincher be put on electronic home monitoring, surrender any guns and have no contact with the militia until after trial.

He must live with relatives and place as bond collateral the deed to his 120-acre property.

Fincher remained in the Sebastian County jail Monday evening.

Via Arkansas Democrat Gazette

Militia Leader Still in Custody

2006-11-17T21:02:00.000-08:00

According to the gentleman answering the Militia's phone tonight during the weekly meeting and a gentleman posting a blog comment, Wayne Fincher is still in custody.

That Spanish language article is apparently in error.

Fincher Accepts Judge's Terms?

2006-11-16T11:32:00.000-08:00

This article, in Spanish, indicates that Hollis Wayne Fincher was released on Monday, November 13.

I see no indication in the English language press that this is the case.

Paul Davis on Hollis Wayne Fincher

2006-11-15T08:41:00.000-08:00

To All,

I understand that the Federal Judge declared Hollis Wayne Fincher such a danger to the community, law enforcement, the ATF, and possibly the Judge herself, and a flight risk, that she imposed incredible restrictions on him, were he to be released.

These restrictions amounted to the following:

Over 1 million dollars in bond (the going rate for his land).

Forbidding him to speak to any of the MOWCA members.

Not allowing him to have any guns in his home, or the house he would have to stay in.

Not allowing him to live in his own home, since it is on top of a mountain with only one road for access.

Placing him under house arrest, in which he cannot go anywhere unless there is a government approved reason.

Restricting his travel to go only to that government approved destination and immediately returning to the house he would have to reside in. (Please, no stops in between - even for the bathroom.)

Now, I think I have named them all. Although, I may have missed one as there were so many and his daughter was somewhat upset that the ATF agent lied under oath. In any case, I am certain that if I have missed one, one of you fine gentlemen, or Miss Linda will correct me.

So then, what is it about Hollis Wayne Fincher that is such a threat to everyone in the community and in the government?

Continued at InsightAM

Bond OK’d for Militia Leader

2006-11-14T05:53:00.000-08:00

FORT SMITH — A federal magistrate Monday agreed to release a Washington County militia leader on bond but imposed strict conditions after hearing the man might retaliate against the government.

A Bureau of Alcohol, Tobacco, Firearms and Explosives agent testified he’s worried militia leader Hollis Wayne Fincher won’t show up for trial if released on bond and that he might shoot at police who try to rearrest him.

“Mr. Fincher has made it clear he doesn’t recognize this court and [these ] proceedings as valid,” ATF agent Wade Vittitow said in U. S. District Court in Fort Smith. “He still has plenty of firearms in his possession; we only seized the ones that were illegal. He lives in a very rural area that’s difficult to approach, and if agents have to go back there, they’ll be unprotected.”

Fincher, 60, is lieutenant commander of the Militia of Washington County, a group with headquarters south of Fayetteville. He was arrested Wednesday in an ATF raid related to possession, manufacture and transfer of machine guns. He’s being held on a complaint claiming he was in possession of an illegal machine gun. No formal charges have been filed.

Magistrate Beverly Stites Jones wanted assurances Monday that Fincher has no plans to follow through on published talk of violence against the government.

More at: Arkansas Democrat Gazette (New link - LL)

Don Bright on Wayne Fincher

2006-11-14T05:36:00.000-08:00

Wayne Fincher by Don Bright

The past few days – beginning on Wednesday, November 8, and continuing as I write this editorial on Saturday, November 11, 2006 – have been somewhat of a roller coaster ride for me.

It began with a series of phone calls on Wednesday evening (and into the night) alerting me to the fact that a good friend of mine - and a true man of mettle - Wayne Fincher, was violently deprived of his individual right “to be secure in their (his) person(s), house(s), papers, and effects, against unreasonable searches and seizures.” Wayne was put to violent abuse by federal government officials and subsequently arrested.

This violent trespass by provocateurs of the Federal Government (Bureau of Alcohol, Tobacco and Firearms or BATF) did not consist of a gentle knock on the door and presentation of a search warrant. It was an invasion that left Wayne’s home and wife in a state of sheer chaos for the former and utter fright for the latter. Not only did these agents make a mess in the act of “searching” the personal effects of the Fincher home, they treated the house like a trash dump by throwing their empty drink containers around the house.

Wayne was arrested for the non-crime of violating his Common Law and Constitutionally guaranteed (Second Amendment) right to “keep and bear arms”. For definitive proof of the legitimacy of, and Government approval of Wayne’s actions go to the following internet website: www.arkansasmilitia.com.

You will discover, by reading the documents contained on the above website that Wayne was the victim of a witch hunt and was not guilty of any crime. And yet, to this day (four days after his Wednesday mourning kidnapping) he is being held in captivity.

No information has been released from the federal troops, to my knowledge, and they will not allow any person (including his family) to ask questions regarding Wayne’s whereabouts or physical condition. He has been and is still being kept in secret retentive quarantine by the militant application of the police powers of the United States Government. And for what? For the existence of a gun or guns that he does not own which is in violation of no Constitutional law. Again I refer you to www.arkansasmilitia.com.

Continue at: InsightAM

Militia Member Can Post Bond if He Agrees to Judge's Conditions

2006-11-14T02:50:00.000-08:00

FORT SMITH -- A Fayetteville militia member will have the chance to post bond after being arrested last week for possession of illegal guns, but only if he agrees to some strict conditions set up by a federal court judge Monday.

The conditions include giving up any weapons, posting the deed of the man's property to the court, electronic monitoring, no attending militia meetings and moving from his residence to his daughter's home in Elkins until the trial is over.

Hollis "Wayne" Fincher, 60, of 16085 E. Black Oak Road, a lieutenant commander of the Militia of Washington County, didn't accept or deny the conditions of U.S. Magistrate Beverly Stites Jones.

Fincher was arrested Wednesday by teams of special agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives, and other federal and state agencies and local police in connection with charges of possessing illegal firearms. Officials said there were 14 search warrants executed in Fort Smith and Fayetteville. Fincher is the only person arrested so far in the ongoing investigation.

David Dunagin, Fincher's attorney in Fort Smith, said after the detention hearing he didn't know whether Fincher would agree to post the $250,000 bond with its conditions.

More at The Morning News

ATF News Release Re: Fincher Arrest

2006-11-11T22:46:00.000-08:00

Contact: ATF Senior Special Agent Austin R. Banks

For Immediate Release
Nov. 8, 2006

ATF ARRESTS ARKANSAS MAN FOR POSSESSING ILLEGAL GUNS

FORT SMITH, Ark. – Teams of special agents from the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF), assisted by other federal, state and local law enforcement officers, arrested a Fayetteville, Ark., man and executed 14 search warrants today in a law enforcement operation conducted throughout the Fort Smith-Fayetteville area.

Hollis W. Fincher was arrested at his residence, 16085 East Black Oak Road in Fayetteville, without incident after the execution of a federal search warrant there revealed illegal firearms in his possession.

The arrest and search warrants were the result of an eight-month investigation relating to the unlawful manufacture, possession and transfer of machine guns. Thirteen additional federal search warrants were executed at different locations throughout the Fort Smith-Fayetteville area. The warrants are under seal at the direction of the U.S Attorney for the Western Judicial District of Arkansas. All evidence seized during the execution of the warrants will be submitted to the U.S Attorney’s Office for the preparation of indictments in this investigation.

ATF, FBI, Washington County Sheriff’s Department, Fayetteville Police Department, Springdale Police Department, Arkansas State Police, Arkansas State Bomb Squad and the Madison County Sheriff’s Department all participated in the investigation. The investigation was conducted under Project Safe Neighborhoods, the U.S. Department of Justice initiative that combines federal state and local resources to combat violent gun crime. The U.S. Attorney’s Office for the Western District of Arkansas will prosecute the case.

More information on ATF and its programs is at www.atf.gov.

###

Original PDF (CAUTION: Direct link to ATF web site.)

Militia Leader Held Without Bail

2006-11-11T11:14:00.000-08:00

FAYETTEVILLE, Ark. - A man arrested by federal agents during a crackdown on illegal weapons is a leader of the Militia of Washington County.

Hollis Wayne Fincher, 60, was arrested Wednesday in a raid by Alcohol, Tobacco, Firearms and Explosives agents for alleged possession, manufacture and transfer of machine guns.

Fincher is a lieutenant commander of the militia group, which has a headquarters south of Fayetteville. Fincher was being held in the Sebastian County jail without bail pending a detention hearing, which is set for 1:30 p.m. Monday in U.S. District Court in Fort Smith.

Via AP / Pine Bluff Commercial

Friends Defend Militia Leader Arrested by Feds

2006-11-10T15:18:00.000-08:00

Friends of a Washington County Militia leader accused of possessing illegal firearms are rallying to show their support for him.

Hollis “ Wayne” Fincher, 60, of 16085 E. Black Oak Road in Fayetteville was released from the Washington County Jail on Thursday and is being held for federal authorities at an undisclosed location. He is scheduled to appear at a 1: 30 p. m. hearing Monday in U. S. District Court in Fort Smith.

Fincher was arrested Wednesday after an eight month investigation related to the unlawful manufacture, possession and transfer of fully automatic guns.

Via Northwest Arkansas Times

Second Amendment Standing

2006-11-10T11:40:00.000-08:00

Wayne Fincher, Lt. Commander of the Militia of Washington County, Arkansas, has been an outspoken proponent of the natural right of the American people to keep and bear military arms for several years. After a long period of silence, the United States government has answered his declaration. They did so not with words on paper, but with guns, brute force, and a jail cell.

This web log is intended to serve as a central repository for information regarding the case against Commander Fincher. It will be updated as information becomes available.

Please feel free to comment at any time.

If you have pertinent information regarding the case of US vs. Fincher, please forward it to locking_lug@usa.com.

Yours in Liberty,

Locking Lug

Wayne Fincher Arrested by ATF

2006-11-10T11:26:00.000-08:00

FAYETTEVILLE -- A Fayetteville militia member was arrested Wednesday by teams of special agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives and other federal and state agencies and local police in connection with illegal firearms.

Fayetteville police Lt. Mike Reynolds said 14 search warrants were executed Wednesday in Fort Smith and Fayetteville and one of the warrants was for a lieutenant commander of the Militia of Washington County, Hollis "Wayne" Fincher, of 16085 East Black Oak Road.

Via Northwest Arkansas Online