Written by Erin Zeltner, photo by Dallas Hyland
Lyman, who has opened public dialogue in taking a stand to reclaim federal lands for state use, was charged with furthering conspiracy to incite illegal operation of ATVs through BLM land and of illicitly riding an off-road vehicle himself during the Recapture Canyon Protest held earlier this spring. The protest, used as a tool by over 50 ATV riders in an attempt to take back the lands after ATV trails have remained indefinitely closed for over 7 years, occurred near ancient burial sites which may have incurred damage. If found guilty, his sentence could result in up to a $100,000 fine and 1 year in jail for each charge.
Lyman, who earns $50,000 per year as a County Commissioner, is a CPA who also owns and operates Phil Lyman Accounting in Blanding, Utah. Court-appointed attorneys are legally reserved for those who are financially-limited, a fact which has U.S. federal prosecutors and Assistant U.S. Attorney John Huber questioning Lyman’s eligibility to use publicly-funded defense. This has spurred U.S. Magistrate Madeline Furse to announce that, should Lyman hold fast to using a federal defender, she will reconsider her previous decision for court-appointed defense which was originally given after private financial documents were provided.
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