No charges will be filed in the death of Earth First!er David "Gypsy" Chain, the Humboldt County district attorney (DA) announced December 17. DA Terry Farmer told reporters that a three-month investigation led him to conclude that Pacific Lumber logger Arlington E. Ammons did not know activists were still nearby when he cut the redwood that struck and killed Chain on September 17, 1998. Farmer also said he considered manslaughter charges against the seven other Earth First! activists who were with Chain when he died but concluded it was unlikely a jury would convict them.
"This proves what we've been saying all along, that the sheriff is incapable of conducting an unbiased investigation," said longtime EF!er Josh Brown. "They have completely sided with Pacific Lumber and the logger. It just shows that getting justice is next to impossible in Humboldt County if you're an Earth First!er. The video and eyewitness statements prove that A. E. Ammons knew what he was doing. He threatened to drop a tree in their direction and then did so. That's murder."
Farmer acknowledged the accusations of bias in the investigation and said he was willing all along to allow the state attorney general or the US attorney to take it over and had offered full cooperation if they did. But he said no other agency had indicated any desire to assume his responsibility. "I was hired to do this job," said Farmer, "The only way I can pass it off to someone else is if I feel I'm biased; I do not." As evidence that he is not biased in favor of big timber, Farmer pointed out that his office has brought charges against timber companies for logging violations.
But Brown said the DA's decision not to charge Ammons, "once again sends out the message that it's okay to hurt, brutalize and kill Earth First!ers and get away with it." He listed previous examples including the sheriff's use of pepper spray on nonviolent protesters, allegations of deputies roughing up and hurting demonstrators, and loggers cutting trees with people in them and beating up people on the ground, "all at the behest of the company."
The DA released a 12-page report listing about 40 sources of evidence and information, including activists and Pacific Lumber employees who were in the woods when Chain was killed, emergency personnel who responded, the hired logging consultant, the California Department of Forestry inspector, EF! video of the incident, a site visit by a deputy DA and even excerpts from KMUD radio interviews with the EF! witnesses. Farmer said all of that information would be available if a lawsuit was filed. David Chain's mother, Cindy Allsbrooks, and her attorney, Steve Schectman, have previously indicated they would probably file a wrongful death suit when the time was right.
A day after Farmer's ruling the death of David Chain an accident, Mrs. Allsbrooks called the findings "truly biased." She issued a written statement that said in part, "I am more determined than ever to continue in the direction of the truth. It is my belief that the truth is still yet to come."
To get involved or make donations to the David Chain legal fund, contact Northcoast Earth First! at POB 28, Arcata, CA 95518; (707) 825-6598.