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Indybay Feature

Political arrests in Santa Cruz

by anonymous
Two Santa Cruz residents are facing felony charges for possessing materials to create destructive devices.
Federal charges have now been filed against Matt Whyte and Petey Schnell. Basically, they are facing a maximum of 20 years in prison (NOTE: this is just the MAX, not what they'd be likely to get if convicted, but it does serve as an indicator of the
seriousness of the charges) for alledgedly having possessed materials (gas, gallon jugs, and birthday candles) which could be made into "destructive devices." The U.S. Attorney's office is currently requesting that Matt and Petey be held WITHOUT bail.<br><br>
One has to wonder if people who did not have records as activists would be facing such serious federal charges for simply having a gas can, some empty jugs and birthday candles in their car. A review of the "evidence photos" is particularly interesting as it includes a Tropical Source chocolate bar wrapper, a flyer to an upcoming event exposing the prison industrial complex, a
map of Santa Cruz and other such 'incriminating' evidence.
<br><br>
In order to fight these outlandish charges and provide adequate support for these two young men we need to raise around $30,000. Some will come from the families of the two, but we desperately need your assistance as well. Checks can be made
out to: Santa Cruz 2 Defense Fund and mailed to us at:<br><br>
Santa Cruz 2 Defense Fund<br>
P.O. Box 917<br>
Santa Cruz, CA 95006<br><br>
As of Sunday Matt and Petey had not yet been transferred from the Santa Cruz County Jail, but it is expected that this will happen sometime today (Monday). They are being moved to be close to the Federal Court (in San Jose). We do not yet know whether they will be held at a Federal Prison, but it seems more likely they'll simply be moved to the Santa Clara County Jail.
<br><br>
We will let everyone know their new mailing address and info as soon as it becomes available.
<br><br>
The charges against them are listed below. For the purposes of these charges a destructive device is considered a firearm.
<br><br>
Title 26, United States Code, Section 5861(d)
<br>
The defendants did knowingly possess 11 firearms as defined in Title 26, United States Code, Section 5845(a), described as a combination of parts from w hich 11 destructive devices, as defined in Title 26, United States Code, Section 5845(f), may be
readily assembled, which were not registered to either of them in the National Firearms Registration and Transfer Record, in
violation of Title 26, United States Code, Section 5861(d).
<br><br>
Title 26, United States Code, Section 5861(f)
<br>
The defendants did make 11 firearms, described as a combination of parts from which 11 destructive devices, as defined in Title 26, United States Code, Section 5845(f) may be readily assembled, which were not registered to either of them in the
National Firearms Registration and Transfer Record, in violation of Title 26, United States Code, Section 5861(f).
<br><br>
Penalties for Both Title 26 Counts:<br>
Maximum imprisonment of 10 years<br>
Maximum fine of $10,000.00<br>
Maximum supervised release of 3 years<br>
Special assessment of $100.00<br><br>
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