JOSE de JESUS RIVERA
United States Attorney District of Arizona


SCOTT BALES
Assistant U.S. Attorney
4000 U.S. Courthouse
230 North First Avenue
Phoenix, Arizona 85025
Arizona State Bar No. 010147
Telephone (602) 514-7500

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA

UNITED STATES OF AMERICA, 
              Plaintiff,           
                                       NO. CR- 98-502-PCT-RGS
                                       INFORMATION
         v.                            VIO: 36 C.F.R. § 261.10(k)
                                       (use of Forest Service land without permit)

MICHAEL D. LINICK aka Strider  
and HENRY G. BAILEY III,
              Defendants.

THE UNITED STATES ATTORNEY CHARGES:

COUNT I

On or about June 19, 1998, in the District of Arizona, and within the Springerville Ranger
District of the Apache National Forest, defendant MICHAEL D. LINICK aka Strider and defendant HENRY G. BAILEY m did use and occupy National Forest System land without special-use authorization when such authorization was required.

All in violation of Title 16, United States Code, Section 551, and Title 36, Code of Federal Regulations, sections 261.10(k) and 251.51(a).

Dated this 29th day of July, 1998.

JOSE de JESUS RIVERA
United States Attorney
District of Arizona

(signed Scott Bales)
SCOTT BALES
Assistant U. S. Attorney

F05 9661
STATEMENT OF PROBABLE CAUSE

I STATE TAT ON JUNE 19, 1998 WHILE EXERCISING MY DUTIES AS A LAW ENFORCEMENT
OFFICER AT OR NEAR NATIONAL FOREST LAND IN THE DISTRICT OF ARIZONA ON THE
APACHE NATIONAL FOREST, SPRINGERVILLE RANGER DISTRICT NEAR CANERO LAKE, I
OBSERVED A GATHERING OF PEOPLE OCCUPYING A SITE ON NATIONAL FOREST LANDS. THESE PEOPLE IDENTIFIED THEMSELVES AS THE RAINBOW FAMILY 1998 NATIONAL GATHERING. ON JUNE 13th,OREST SERVICE LAW ENFORCEMENT OFFICE SHANE WILSON HAD ADVISED ME HE HAD COUNTED 230 PEOPLE PRESENT AT THIS SITE. MY PERSONAL OBSERVATIONS FROM THAT TIME UNTIL THE PRESENT INDICATED THAT AT LEAST THAT NUMBER OF PEOPLE CONTINUED TO OCCUPY THE SITE. FROM PREVIOUS INTERVIEWS BY MYSELF AND OTHER FOREST SERVICE OFFICERS, I HAD DETERMINED THIS GATHERING TO BE A NONCOMMERCIAL GROUP USE AS DEFINED IN 36 CFR 251.51. SUCH GROUPS ARE REQUIRED TO HAVE A PERMIT. I AM PERSONALLY AWARE THAT PERMIT APPLICATION PACKETS HAD BEEN DISTRIBUTED ON JUNE 14th AND ON JUNE 16th TO SEVERAL RAINBOW FAMILY MEMBERS AT THIS SITE, BUT NO PERMIT HAD BEEN APPLIED FOR AS OF THIS DATE. MICHAEL D. LINICK ADVISED ME HE WAS A RAINBOW FAMILY MEMBER, KNEW OF THE PERMIT REQUIREMENT, BUT WAS REFUSING TO OBTAIN A PERMIT. MICHAEL D. LINICK SAID HE WOULD ACCEPT THIS VIOLATION NOTICE ON BEHALF OF THE RAINBOW FAMILY N ORDER TO TEST THE LEGALITY OF THE REGULATION.

THE FOREGOING STATEMENT IS BASED UPON:

(X) MY PERSONAL OBSERVATION

(X) MY PERSONAL INVESTIGATION

( ) INFORMATION SUPPLED TO ME FROM MY FELLOW OFFICER'S OBSERVATION
( ) OTHER (EXPLAIN ABOVE)

I DECLARE UNDER PENALTY OF PERJURY THAT THE INFORMATION WHICH I HAVE SET
FORTH ABOVE AND ON THE FACE OF THE VIOLATION NOTICE IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.

EXECUTED ON 6/19/98
(signed)
DAVID LEVEILLE
LAW ENFORCEMENT OFFICER

PROBABLE CAUSE HAS BEEN STATED FOR THE ISSUANCE OF A WARRANT FOR THE ARREST OF THE VIOLATOR NAMED OR IDENTIFIED HEREIN.

DATE
FSM 8/81 R-3 SUPP