Recapture Canyon Ride: Five Face Federal Charges

SALT LAKE CITY – Five men are facing federal charges following an unlawful ATV ride through Recapture Canyon in May 2014. The U.S. Attorney’s Office for Utah announced Wednesday a two-count misdemeanor information charging the individuals with conspiracy and the actual operation of off-road vehicles in an area specifically closed to such activity.

Charged are Phillip Kay Lyman, age 50, of Blanding; Monte Jerome Wells, age 50, of Monticello; Jay Demar Redd, age 40, of Santa Clara; Shane Morris Marian, age 33, of Monticello; and Franklin Trent Holliday, age 31, of Blanding. Each man could face up to a year in jail and a $100,000 fine if convicted on either count. A summons has been issued for all five to appear in federal court in Salt Lake City on October 17, 2014, at 2 p.m. before U.S. Magistrate Judge Evelyn Furse.

Federal prosecutors allege the conspiracy to violate restrictions on off-road vehicle use in Recapture Canyon began as early as February 27, 2014, and culminated in the May 10th ride. The information claims the defendants conspired to operate ATVs through the restricted BLM land as a direct act of opposition to the Bureau of Land Management’s handling of the canyon. The ride wasn’t a spontaneous act; it was planned and promoted, according to the charges.

Acting U.S. Attorney Carlie Christensen attempted to strike a balance between acknowledging free speech rights and enforcing the law. “We respect the fact that the citizens of this State have differing and deeply held views regarding the management and use of Recapture Canyon, and recognize that they have the right to express those opinions freely,” Christensen stated. “Nevertheless, those rights must be exercised in a lawful manner and when individuals choose to violate the law, rather than engage in lawful protest, we will seek to hold those individuals accountable under the law.”

The government’s case details a deliberate campaign to organize the ride. The information alleges that Lyman began advertising the event on social media as early as March 2, 2014, and further publicized it through a Deseret News article in April. He then used social media to announce a date change to May 10th, aiming to maximize participation. Lyman and Wells allegedly filmed a three-part video series discussing the ride and actively promoted it online.

BLM Director Neil Kornze emphasized the significance of the area being violated. “Regrettably, a number of individuals organized and engaged in an illegal ATV ride through Recapture Canyon, an area rich in archaeological history,” Kornze said. “Today’s actions by the U.S. Attorney’s Office underscore the importance of protecting culturally significant areas and holding accountable those who broke the law.” The investigation remains ongoing, suggesting further developments or charges could be forthcoming.