PART III: Hundreds of lawmen arrive at CSA compound near Pontiac and negotiations begin

Editor’s note: This is the third installment of a series detailing the Covenant, Sword and Arm of the Lord, a religious commune located south of Pontiac in the 1970s and 1980s. The anti-government, paramilitary and white supremacist group of more than 100 people lived together on a 224-acre peninsula, just across the state line in Arkansas. See the last two week’s editions or search www.ozarkcountytimes.com for Covenant, Sword and Arm of the Lord to read the first two parts of this series.

On April 15, 1985, Missouri State Highway Patrol Trooper Jimmie Linegar and his partner were working a standard driver’s license checkpoint 10 miles south of Branson when David Tate came through.

Neither Linegar nor his partner were aware that the man in front of them stopped at the checkpoint had just been indicted by a federal grand jury in Seattle for involvement in a Neo-Nazi group, The Order, for a series of commando-style armored car robberies used to finance white supremacist activities and other crimes. 

As Linegar approached the van, Tate exited the vehicle and used an automatic weapon to open fire, hitting Linegar four times. Tate then swung around and shot his partner, Tpr. Allen Hines, who was standing behind the van. Hines dove under the vehicle and fired at the suspect from underneath. Tate fled on foot. Linegar later died as a result of the gunshot wounds.

In the aftermath of the shooting and resulting manhunt for Tate, members of the Covenant, Sword and Arm of the Lord compound, south of Pontiac, told officials that Tate was not a CSA member and, although they admitted he possibly attended a national conclave for various white supremacy groups that was held at the compound the fall prior, they were adamant that he hadn’t been to the CSA compound in quite some time. 

It was later revealed by William Buford, an agent with the FBI, during his testimony at Tate’s criminal trial that Tate had just left the CSA that morning and was headed out of the area when he was stopped by the officers. 

That type of denial became a mainstay of the CSA and other white supremacy groups at that time. It was a calculated move that later became known as “leaderless resistance,” in which individuals, known as “lone wolves,” claimed responsibility on their own for the crimes, while the organizations they were a part of denied any involvement or knowledge of the acts beforehand. 

In turn, the groups as a whole were not able to be successfully prosecuted, and their leaders stayed out of prison. Although deemed “leaderless” in name, officers believed that the leaders of the CSA and other white supremacy groups were still calling the shots from behind closed doors. They were just careful to avoid an evidence trail that would leave them culpable in a jury’s eye.

Federal firearms warrant issued, dozens of officers  show up in nearby towns

CSA leader James Ellison and second-in-command, Kerry Noble, told media outlets that by 1982-83 the CSA group had split into two, with the most radical members leaving the Ozarks for the remote hills of Utah and Idaho. 

They said that those who remained at the compound south of Pontiac were not interested in intense paramilitary endeavors and instead wanted to focus primarily on their faith.

But the FBI, ATF and local law enforcement officers didn’t buy into the sweet talk. Unbeknownst to the CSA or its members, a warrant had been issued for the arrest of Ellison for federal firearms violations. A search warrant had also been granted by a federal judge to allow officers to search the CSA property for evidence that the group was “stockpiling military-type guns, fabricating silencers and grenades, converting semi-automatic weapons to automatic status, and records relating to the purchase or sale of firearms and to the identity of fugitives living in the compound,” according to court documents.

When a large number of officers were seen in nearby areas, the CSA leaders thought the officers were coming to the compound to look for Tate. They were unaware that Ellison and the compound itself were their target. 

‘These fishing buddies... aren’t fishing’

The April 18, 1985, edition of The Baxter Bulletin had a front page article titled, “CSA patrolling land; police aren’t talking.” And at that point, it was true.

Ozark County Sheriff James Shaw, who was elected into office in January of that year, replacing former Sheriff Herman Pierce, told the Times recently that the federal lawmen wished to remain inconspicuous and undetected from the time they first arrived in the area until they were prepared to confront the CSA group. But, as they quickly found out, in an area this small and close-knit, it’s an awfully tall order to conceal hundreds of federal and state officers. 

Still, they asked Shaw for help in quietly securing lodging for some of the officers, and he agreed to find them a place to lay low and prepare for the confrontation. 

Shaw said he called up a friend in Isabella who owned a lake resort and told the owner that he had several old fishing buddies who were coming to the area and wanted to rent rooms for a trip to Bull Shoals Lake. The resort owner happily prepared the rooms, and the men arrived at the location that night. 

“But then he called me up the next day and said ‘James, these fishing buddies of yours, they aren’t fishing. They get up early in the morning with full camouflage on, faces all painted up and they’ve got lots of guns.’ I told him it’s OK, it’ll all be OK,’” Shaw said.

Then another neighbor called Shaw and asked, “James, what’s going on around here? There’s an airplane flying around here with no lights on.” He told him, “It’ll be OK. Don’t panic.”

It turns out that the officers in Mountain Home were also easily spotted, as the front page of The Bulletin featured a photo of several police cars lined up at the Carriage Inn Motel with a caption saying local residents wondered the reason for the presence of dozens of officers, but officials wouldn’t comment as to why they were there. 

Ramping up security

Meanwhile, members of the CSA compound were patrolling the perimeters of the property around the clock, worried that officers may be heading there looking for Tate. 

Noble, who acted as a sort of spokesperson for the group to outside reporters and law enforcement, said there were about 65 people living at the CSA camp at that time. He said half of that number were children, and another fourth were women. He later said there were around 100. When asked about the discrepancy, he said “sometimes you miss your numbers.” It was unclear exactly how many people were inside the camp at the time, but likely somewhere in that range.

It was apparent that the CSA had implemented much stronger security measures than usual as armed members conducted regular patrols and there was always at least one member keeping watch from a radio tower inside the compound. Despite the ramped up security, Noble said he didn’t know why officers would want to come to the CSA camp, and he hoped they wouldn’t.

He told reporters that if authorities wanted to come to the compound to talk, then the CSA was willing to talk. But if they wanted a fight, the CSA would fight back. “If they leave us alone, both of us gain,” he said. “If they don’t, both of us lose.”

He said there had been aircraft flying over the CSA property “almost constantly” since the shooting. 

Considering the CSA’s continuous military training that earned them the description of being “the number one civilian SWAT team in the United States” in various publications, and more than a decade of deep faith-based preparation about an impending “war” that CSA members needed to prepare for, many believed that a confrontation with law enforcement would end in a bloodbath.

Local residents held their breath to see how the conflict would play out.

Lawmen arrive at gate to serve warrant

The tension came to a head Friday night, April 19, 1985, when officers arrived at the compound gate. 

The Bulletin reported: “Tensions ran high...as authorities and the CSA stood at a stalemate as a long-anticipated and long-feared, confrontation took shape.

“Federal and state lawmen descended on the area around the survivalist group’s 224-acre compound Friday afternoon with a warrant for the arrest of CSA leader Jim Ellison on federal firearms violations.”

It didn’t come as a surprise that Ellison initially refused arrest. “James Ellison will not surrender to authorities,” Noble told reporters. “Because of our decision to see this country turn to Jesus Christ, and because we have tried every peaceful means of redress in the past, to no avail, we’ve decided the time has come to take a stand.”

Despite Noble’s strong words, Assistant FBI Agent Dan Kelly assured the public that the FBI was not looking for a gunfight. “We don’t want one shot fired. We hope to negotiate this thing. Mr. Ellison has indicated that he’s still considering the matter. He is praying on it, seeking some guidance to reach his decision. We’re going to allow him to do that. We’re not here to start a war.”

Bringing in the big guns

The warrant that the officers were there to execute was issued on April 3, 1985, by a U.S. magistrate in Fort Smith, to the ATF agency, charging Ellison with the manufacture, transfer and possession of fully-automatic firearms and silencers between 1981 and 1984. The charge was a rather minor one in the grand scheme of things, holding a maximum sentence of 5 years if convicted. 

Despite the weak charge, it was obvious from the heavy presence that law enforcement were concerned about Ellison and the CSA on a grander scale. 

That night 70 to 80 heavily armed lawmen sealed off the area around the CSA compound, and Agent Kelly told reporters that U.S. Attorney Asa Hutchison, who would later prosecute the case, had traveled in person to be present for negotiations. 

Arkansas State Police Sgt. Gene Irby, an investigator from the Mountain Home, Arkansas, office, served as the official negotiator, coming to the CSA gate and speaking with Noble, informing him of the warrant for the arrest of Ellison and the search warrant for the property. The exchange was amicable, and Noble later referred to Irby as “a friend,” when explaining what was happening that night to reporters. 

Noble and Irby met for two and a half hours at the gate that night in the first day of negotiations. 

An update from both sides

By Friday night, word had spread, and there were dozens of reporters from news outlets across the United States also standing at the gate, doing their best to report on the long-awaited confrontation with law enforcement and the attempted arrest of Ellison. 

By mid-afternoon, law enforcement officers forced reporters to relocate from the main gate to a location about three miles away on a side road. They then blocked entry and exit from the main road going into the compound. 

Shaw said that at one point there were 395 various officers in the area as part of the continued standoff. 

Federal and state officers were working 12-hour shifts, leaving at least 150 lawmen surrounding the group’s property at all times. Noble said CSA members inside the compound could see the lawmen standing about 100 yards from the gate, surrounding the entire property on land, spaced 15 feet apart. He said the men were well armed, and among the weapons they could identify was a 50-caliber machine gun. 

Kelly emphasized that the attempt to take Ellison into custody had no connection with the shooting of Tpr. Linegar, but that officials would like to “look around” the compound for Tate as well. 

When Kelly was asked if he considered the CSA members dangerous and replied, “Absolutely.”

Noble also kept reporters informed of the situation on his end, explaining that Ellison had decided not to turn himself in after praying on the matter for some time. 

“Noble said Ellison’s decision was the result of his prayers. When asked what God had told Ellison, Noble said, ‘Not to surrender.’ He doesn’t give reasons. He just gives orders...” Noble said they do not believe anyone associated with the right-wing could receive fair justice in America,” The Bulletin article said.

Noble told reporters that negotiations were still open, but at that point, he didn’t see how a resolution could be reached. He said the CSA group had “more than a couple meals stored on the property,” and believed they could hold out for quite some time. 

By nightfall, authorities extended their blockade from the compound down the county road to Highway 202. 

As the CSA dug in for an apparent siege, a ASP spokesperson told reporters that authorities anticipated the stalemate would last through the following day, on Saturday. 

Kelly again insisted that officers wanted no violence or bloodshed. He said they hope to achieve a peaceful resolution. “This is not Armageddon.”

Making progress

As the blockade of the CSA encampment entered its third day, negotiations intensified for Ellison’s surrender - and officers made a significant advancement. 

Continued negotiations with Noble began at 7 a.m. that day, and through those discussions, federal and state SWAT teams were able to secure two of the three camps on the CSA property, where they seized several weapons and explosives. Although there was an illegal pipe bomb found in that area, an ATF agent told reporters that there was evidence many other weapons had been removed from the area before the officers were granted access and the searches began. They believed most of the weapons were being hidden with the group at the third camp.

Before officers accessed the camps, all of the CSA members congregated in the third compound. Several women and children expressed a desire to leave and were allowed to exit the property. They were escorted by officers off-site, debriefed and then housed, at the government’s expense, at lodging facilities in nearby towns. The FBI said they would allow any CSA member, with the exception of those listed in the warrant, to leave if they wanted, but once a person left, they would not be allowed back onto the property until officers cleared the scene. 

“The negotiations have intensified somewhat,” FBI Special Agent Ray McElhaney told reporters at a briefing Saturday, saying the discussions were occurring more frequently and in greater substance than the prior day. “We desire to resolve this matter in a peaceful manner, as soon as possible and as peacefully as possible. There are no plans for any assault - no plans for any attack.”

McElhaney told reporters that authorities are negotiating with the group on the warrants because the FBI wants “to serve warrants in a way that we deem proper.”

He said that the interaction with the CSA was the first of its kind involving a group like theirs, and it could serve as an indicator to other groups that the federal government may be willing to negotiate in future situations to reach a peaceful conclusion.

By that afternoon, McElhaney told reporters “things are looking better and better... the conclusion looks favorable.”

Ellison and four others surrender

After three days of intense negotiations, the standoff between the CSA and authorities ended peacefully, around 10:30 a.m. Sunday, April 22, 1985, when Ellison surrendered himself to the officers. He said God gave the order.

He was arrested, along with four other members of The Order, who were also hiding inside the compound. Paul Evans and Thomas Day Bentley, who were among Tate and the other 23 men indicted in Seattle. Also at the camp were wanted men Jefferson Butler, 42, and James Wallington, 41.

Ellison was transported directly to Fort Smith, while the other four men were brought to the Baxter County Jail first, and later transported on to Fort Smith, where they were arraigned on their charges in federal court. 

Ellison was charged with conspiring to manufacture, transfer and possess illegal weapons and silencers. He was also charged with interstate transportation of automatic weapons and aid to racketeering in a 1980 arson case in Tecumseh in which his sister’s home was burned down to collect insurance money. 

Largest operation in Arkansas State Police history

Noble held a press conference at The Baxter Bulletin office that night, inviting reporters to meet him there for his continued update on the situation. 

He said that Evans and Bentley had arrived at the group’s community less than a week before Tate shot the two troopers, but leaders were unaware of the pair’s true identities, as the men had just asked CSA members to call them “Calvin” and “Ace.” He said that Butler and Wallington had been at the CSA encampment for about a month and a half.

Noble told reporters that the last negotiations were conducted over a field phone and at a task force command post, which had been established in the vicinity of the Valley Campground, east of the CSA main compound. He said the CSA members realized the enormity of what it faced.

“We couldn’t afford to fire a shot. If it had come down to a battle, without the intervention of God, the CSA wouldn’t have had a chance,” Noble said. “The right-wing movement has no desire whatsoever to ever shoot cops, never. Our argument, our beef, is primarily with the judicial and legislative systems of this county, way more than the executive branch of this country.”

Law enforcement were happy with how the situation played out, avoiding any further violence. 

“We consider this operation thus far, to be an enormous success,” said Agent McElhaney said. “As we’ve told you all along, our objective was to enter the compound and serve the warrants we had in a manner that would completely avoid confrontation and with the maximum safety afforded to law enforcement officials at the scene as well as the members of the CSA, the media and the public. We feel this has been accomplished for the most part... It was a result of an intense investigation and cooperation of the agencies present.”

McElhaney praised the cooperation of all the agencies which helped: FBI, ATF, ASP, Baxter County Sheriff’s Department, Marion County Sheriff’s Department, Missouri State Highway Patrol and Ozark County Sheriff’s Department. ASP Sgt. Young said that the successful endeavor had been the largest single operation for the state police in the agency’s 50-year history and that the cooperation between agencies had not only been excellent, but that he was “downright proud” to have been associated with the other agencies. 

A shocking discovery

Later that morning, the compound was cleared, and all CSA members left the premises willingly. They were brought to Mountain Home, Arkansas, and rented hotel rooms to stay in while officers searched the property. Noble was allowed to remain on the property, a condition of Ellison’s surrender. 

When officers entered the compound, they expected the group to have substantial weaponry, but what they found was shocking.

 ...Continued next week.