The Persecution of the Sherburnes
From: [email protected]
Be prepared, go to prison.
In this countdown to the millennium with the Y2K computer problems, we constantly are being warned to "be prepared" to take care of ourselves and possibly friends and neighbors in the event of shortages, power outages, and communications disruptions. Depending on the report you read or the seminar you attend, the predictions range from a few minor inconveniences to severe problems -- including a breakdown in police, fire, and rescue services. "Be prepared" is the motto of the Boy and Girl Scouts of America. Preparedness long has been a respected character trait; right up there with industriousness, trustworthiness, and punctuality. But is there such a thing as being overly prepared? If you live in California's San Bernardino County, you could be considered dangerous.It could land you in jail. Trudy and Chris Sherburne are a case in point, Case No. 1998-00-0020326 to be exact.
This couple has been described by their pastor and his wife, their friends and associates as a little eccentric, a throwback to an earlier generation, but they are considered to be good, patriotic loyal Americans and good conscientious parents. However, during the last 19 months they have been incarcerated, had their children placed in protective custody, run out of their home, and stripped of their personal property. Chris Sherburne is still behind bars.
The Sherburnes have been happily married for 24 years and have six children who range from eight to 23 years in age. Both parents are highly educated. Chris is an Army veteran and a graduate of UCLA in systems engineering. Trudy holds a master's degree from the University of Michigan in early childhood education. Sixteen years ago, when their oldest daughter was seven, they began a family business called Genuine GI Surplus as a way of staying together and teaching their children responsibility and practical skills. The family purchased, cleaned, sorted, and repaired government surplus items they obtained from military bases and from associates in the salvage business. They then sold these items at gun shows, law enforcement expositions, flea markets, swap meets and the like.
The family lived in a 50-year-old home on five acres in a sparsely populated area in San Bernardino County between Hesperia and Victorville. Their problems began in 1998 on Good Friday when Trudy and three of her children came home from church that evening to find law enforcement officials, a newspaper reporter, the fire department, and bomb squad, along with a county code enforcement officer, searching her property. The team was convinced that the used military storage tubes they discovered must contain warheads or be otherwise dangerous.
The police used their own explosives to destroy a cache of items they piled in the backyard and Trudy was arrested on charges of possessing a destructive device and deadly weapons, and child endangerment. Her three boys were taken by Child Protective Services and eventually turned over to their pastor, Alan Stanfield of the First Baptist Church of Lucerne Valley.
Chris was in Florida at the time with the couple's three older children, restoring a boat, which the family hoped to sell or use in some way to help the Sudanese Christian relief effort. A warrant was made out for his arrest and he was apprehended soon thereafter.
It is still unclear why, after 16 years of living in the old farmhouse, a code enforcement supervisor showed up at the Sherburne home that Good Friday afternoon, along with a deputy from the sheriff's office. However, a search warrant was quickly obtained -- perhaps too quickly -- to investigate the ominous looking surplus military items in the yard and on the property. The Sherburnes were charged with 23 felonies. They eventually pled guilty to possessing a destructive device after they discovered that the tracer ammunition they used for target shooting was illegal to possess in California. Tracer ammunition is used in other states to allow target shooters to see the trajectory of their fire, but isn't any more dangerous than regular ammunition.
The Sherburnes accepted the plea bargain, partly out of fear of having to spend a considerable time in custody, and partly because of their lack of funds and adequate representation. However, it is clear that this family may have been irreparably harmed. Much of the Sherburne's property has been stolen, damaged, or destroyed because of the way the investigation against the family was conducted and because their home was left unattended and allegedly unsecured. The children were traumatized and their lives have been turned upside down.
After being held on a million dollar bond for 133 days, Trudy eventually was released and her children, having been found healthy, well-educated and in above average physical condition, were returned. She was given 60 hours of community service and three years probation. However, despite being extremely cooperative, the family's worst fears for Chris were realized. On Feb. 3, 1999, with no prior record, Chris, who was classified as "extremely dangerous," was sentenced to 16 months in state prison, then parole, with credit for a year served.
On April 5, 1999, just before his release date, Chris was given "special conditions" to sign, which included no contact with military surplus products of any kind, and no contact with his co-defendant, his wife Trudy.
After refusing to sign away his right to return to his wife and family and pursue his living, he was transferred to Chuckawalla Valley State Prison near Blythe, with a new parole release date set for Aug. 23, 1999. Again Chris was presented with the same conditions, and again he refused to sign.
Last month, while working in the prison kitchen, Chris was found dazed on the floor. He obviously had been struck by someone or something, but it was Chris who was punished (allegedly for fighting). He was thrown into solitary confinement and then denied all but emergency phone calls.
However, Trudy recently received a letter stating that he has been given a new set of conditions to sign, which will allow them to be reunited, but states that he must refrain from social or business contact with anyone described as a member of a "right wing group." However, Chris is afraid to sign because "right-wing group" has not been defined and he is afraid of being rearrested and given a stiffer sentence.
Trudy admits the couple was concerned about preparedness and unconcerned about neatness. By her own admission her place was a mess when law enforcement arrived. The fact that she had been away for three days and the place had been shut up during that time and spoiled food was found didn't help. However, bad housekeeping is not a crime, at least not yet.
Trudy also admits that the family kept a cache of guns and ammunition hidden and had expanded an old bomb shelter Chris' father dug during the Cold War, just in case. At this time, none of these things is illegal. The Sherburnes even attended a couple of meetings of a local militia group. However, they declined to join because, in Trudy's words, "God wasn't in it." Yes, the Sherburnes could be classified as preparedness freaks, but they are not anti-government, nor do they belong to any such anti-government group, as some of the officers who conducted five different searches of their property have charged. The Sherburnes could be forgiven if they have a healthy distrust of their government now.
However, many feel the criminal justice system in California should not be forgiven for the way in which it treated the Sherburne family. Randy Scott, Trudy Sherburne's probation officer, stated in the report he filed on Jan. 13, 1999, "The case is very complex and appears to polarize everyone involved. Those interviewed see the defendant as either a victim of a ruthless law-enforcement and court system or as a person who is potentially very dangerous to society and our government structure."
If the Sherburnes are dangerous, the state of California must prove it. Otherwise, Chris Sherburne should be released and be allowed to rejoin his family and rebuild his life -- or what is left of it.
Donations to the Sherburnes or to the Sherburne legal defense
fund may be sent to:
8001 Forbes Place, Suite 102
Springfield, VA 22151
(703) 321-8585
(703) 321-8585.
Webmaster's note: Are the Sherburnes a victim of the FBI's Project Megiddo?