Idaho Militia Leader Sentenced for Weapons, Bombs
A federal judge in Idaho delivered a pointed message to an ailing militia leader caught amassing an 鈥渁rsenal of firearms and ammunition鈥 and building improvised bombs in fear of an imminent invasion of the United States by 鈥渃ommunists.鈥
It was 鈥渇ar-fetched鈥 to think the arsenal of weapons and homemade bombs 鈥渨ould have any impact one way or another if there was an invasion from a communist country,鈥 Judge Edward Lodge told Kenneth Bernard Kimbley, the self-styled leader of the Brotherhood of American Patriots.
The 60-year-old militia leader鈥檚 defense attorney previously told the court her client , and really didn鈥檛 intend to harm anyone.
But with a lengthy history of drug abuse and a felony record for assaulting his girlfriend with a handgun, Kimbley couldn鈥檛 legally possess or sell firearms or ammunition. Nonetheless, ignoring the law, he amassed an arsenal, including more than 22,000 rounds of ammunition and assault rifles, illegally sold a handgun, and was teaching others in his militia group how to build bombs, federal authorities said. He pleaded guilty in November to attempting to make explosive devices and illegal possession of a firearm.
This Monday in Coeur d鈥橝lene, Idaho, Kimbley was sentenced to a year and a day in prison 鈥 equal to nine months if he gets credit for good behavior 鈥 far less than the 46 months recommended by Assistant U.S. Attorney Traci Whalen. When he is released from prison, Kimbley also must serve one year of home confinement as a condition of three years of probation and serve 100 hours of community service 鈥 talking to school children about the evils of bombbuilding. He was allowed to self-report to prison, and will get credit for five months already served.
鈥淭he defendant built improvised explosive devices (and) more alarmingly taught others how to build IEDs,鈥 the federal prosecutor said in a sentencing memorandum.
One of those invited to Kimbley鈥檚 bombbuilding lessons was an undercover FBI agent, assigned to the Inland Northwest Joint Terrorism Task Force, who infiltrated the Brotherhood of American Patriots militia. The agent drove up to the militia鈥檚 secret headquarters in North Idaho in July 2010 in a motor home secretly wired for sound and video, court documents disclose.
When the IED-making got to a dangerous point, just short of complete assembly, the documents say, the agent suggested the group step outside the motor home for a cigarette break. As they went outside, Kimbley and co-defendant Steven Winegar were arrested by other agents. Winegar, with no prior felony record, has since been sentenced to eight months of home detention and five years of probation.
鈥淲hen a felon carries a gun or builds and teaches other to build an IED, society is at risk,鈥 said Whalen, the prosecutor. Her recommendation of 46 months in prison took into account a downward departure from a standard range of 63 to 78 months in exchange for Kimbley鈥檚 cooperation with federal authorities. Although Kimbley and his militia group didn鈥檛 directly harm anyone, their activities put others at risk, Whalen told the court.
Since his arrest a year ago, Kimbley, has been diagnosed with lung cancer and is undergoing treatment, public defender Kim Deater told the judge, urging the court not to send her client to federal prison. Kimbley was not plotting an overthrow of the U.S. government or violence directed at others and, in fact, he thought it was only right to pay federal income taxes, Deater told the court.
Instead, he and his Brotherhood of American Patriots were 鈥渨orried about an invasion鈥 of the United States, and that鈥檚 why they collected firearms and built IEDs, Deater said. 鈥淭hey were worried about the Russians, they were worried about the Chinese.鈥
Asked to address the court, Kimbley said he now realizes his final days would be better spent with his grandchildren instead of a militia. 鈥淚 realize that I was in the wrong,鈥 he said. 鈥淚 can tell you there will never ever be another firearm in my home. I just pray for some forgiveness. That鈥檚 all I have to say, your honor.鈥