September 20, 1998
Dear Friends,
We are appealing to you to take any of the following actions during this painful but crucial time. When David "Gypsy" Chain was killed on September 17 the movement lost a courageous and passionate warrior. Gypsy fought hard for the Earth and his spirit lives on in our nonviolent direct action to preserve the last unprotected ancient forest ecosystems of Humboldt County, CA. His death was NOT an accident- it is a jarring awakening for all of us that violence is escalating against nonviolent activists everywhere. If this horrific killing is not challenged, more of us are surely to be hurt and our ability to stop the destruction of the Earth will be greatly impaired.
MAXXAM/Pacific Lumber Co. and the Humboldt County Sheriffs must be held accountable; for the death of David "Gypsy" Chain; for the destruction of the world's last unprotected ancient redwood forests; and for violence towards nonviolent activists everywhere as they encourage extremely violent acts against Earth First!ers in Humboldt County.
We must put pressure on Humboldt District Attorney Terry Farmer and Sheriff Dennis Lewis to file charges against Pacific Lumber Co. and the logger who felled the tree that killed David Chain. We must put pressure on the California Department of Forestry calling to revoke Pacific Lumber's timber operators license for gross negligence. And, we must put pressure on MAXXAM/Pacific Lumber Co. to cease logging operations in Timber Harvest Plan 97-172 near Grizzly Creek Redwoods State Park where David Chain was killed.
We are demanding that a thorough independent investigation be conducted. This will require NO disruption of the crime scene and currently the only one guarding the crime scene is Earth First! At dawn on September 18, the day after Gypsy was killed, 50 activists repelled logging crews and trucks intent on working there. It is obvious there is NO serious investigation occuring and the crime scene is sure to be destroyed unless political pressure forces one. We must take action or we will loose the evidence which will be the cornerstone of our work to have MAXXAM/Pacific Lumber Co. and the Humboldt County Sheriffs held accountable for this violence and set the example that we will not be killed freely for our activism. So, please find the strength to do what you can.
* Organize protests, rallies, marches press conferences or
vigils.
* Issue press releases and solidarity statements to the media.
* Write letters to the editor for newspapers.
* Speak out on free-radio and community radio stations.
* Jam the fax machines, phone lines, e-mail boxes and web sites of Humboldt District Attorney Terry Farmer, Sheriff Dennis Lewis, California Department of Forestry and MAXXAM/Pacific Lumber Co. with urgent appeals.
* Come to Humboldt and join the resistance!
* Support ongoing direct action by sending donations to
North Coast Earth First! at POB 28, Arcata, CA 95518; (707) 825-6598;
ncef@humboldt1.com
*Contact: Humboldt County District Attorney Terry Farmer at (707) 445-7411. Sheriff Dennis Lewis at (707) 445-7251; fax (707) 445-7298. California Department of Forestry at (707) 963-3601. Pacific Lumber Co. at (707) 764-4200; fax (707) 764-4171.
Included with this e-mail is the witness statement, video transcript and press releases. Anything you can do at this time is urgently needed and deeply appreciated. Please let us know if you are organizing any events so we can announce them.
For a future wild, free and just,
North Coast Earth First!
For Immediate Release
September 21, 1998
Earth First! Blockades the Cover-Up of Manslaughter Crime Scene at Grizzly Creek
Vigil ongoing throughout week. Eureka Rally Scheduled for Thursday
Contact: Alicia Littletree (707) 825-6598, ESP (707) 923-4949 or Karen Pickett (510) 376-7329
Witness statements and video and audio tapes available with transcripts.
Confrontation looms this morning as Earth First! enters its fourth day of blockading the logging road leading up to the site where David "Gpysy" Chain was killed by a tree now believed to be intentionally felled in his and other protesters direction last Thursday, September 17. Large logs and a junk car lay across that road with protesteres attached by a lockbox to the car in order to make it difficult to remove. Approximately 50 people are occupying the road, located on Hwy. 36, 17 miles east of Hwy. 101 in order to prevent the crime scene from being destroyed by Pacific Lumber. Activists will continue the blockade 24-hours a day untl the crime scene is investigated and the grove is protected in David "Gypsy" Chian's name.
Sheriffs called the killing of Chain an "accident" even before they had interviewed a single witness. Earth First! is insisting that a manslaughter investigation take place immediately before the downed trees are removed. Seven witnesses report that the logger changed the trajectory of the trees he was falling in order to aim them toward old-growth logging protesters who were in the woods attempting to convince the fallers not to cut the ancient redwood and Douglas fir trees. Video tape confirms that the logger who killled Chain yelled to protesters: "Get outta here! Otherwise I'll fuckin', I'll make sure I got a tree comin' this way!"
With $500 million dollars about to line the pockets of the MAXXAM Corporation, it is not surprising that the Humboldt Sheriff's Deputies and the Department of Forestry are reluctant to prosecute Pacific Lumber. Contrary to new reports, the Headwaters deal is far from complete. The money will not be released until Pacific Lumber is issued a Habitat Conservation Plan (HCP). If the company commits a serious crime on its land, the HCP can be denied. Pacific Lumber has committed both violations of the Endangered Species Act and manslaughter, according to Earth First! Additionaally, if the logger is tried, Earth First! excpects it will be revealed that he was only following an institutionalized policy of falling trees and commiting other acts of violence toward protesters.
To highlight the systemic violent policy of MAXXAM/Pacific Lumber, a rally will be held in Eurekea on 2nd Street in Old Town on Thursday, September 24 at noon and will conincide with Chain's funeral in Texas. Earth First!ers will offer testimonial at the rally of the endless number of cases of attempted murder committed by MAXXAM/Pacific Lumber.
FOR IMMEDIATE RELEASE
September 18, 1998
Contacts: Earth First! 707/825-6598 or 707/ 923-4949
VIDEO REVEALS PL KNEW ACTIVISTS WERE IN THE WOODS
Footage of logger threatening Earth First!ers Contradicts Company Claims
A video taken by Earth First! activists in Grizzly Creek captured the hostile voice of a PL faller threatening their lives less than an hour before David "Gypsy" Chain was killed by a falling tree. The video blatanly contradicts Pacific Lumber's claim that the company "had no knowledge" that Chain and others were nearby in Grizzly Creek. In fact, the logger who later cut the tree that killed David Chain can be heard furiously shouting obscenities and vowing to get his "pistol." Several other Earth First! activists were just six feet away from Chain when the tree came crashing down.
Contrary to Pacific Lumber's public statements, David Chain's death was the inevitable result of the timber company's deliberate campaign of violence toward environmental activists. In the last year, Earth First! protesters have been hog-tied and lowered from tree top perches and had their tree sit safety lines cut by PL climbers. Loggers have cut trees in the direction of tree sitters, and have threatened lives by cutting trees with activists in them. Logging helicopters have been used to harass and endanger treesitters,such Julia Butterfly, flying within feet of their platforms and whipping up forceful winds. Recently, activists encountered a "goon squad" of PL employees in the Mattole watershed who chased, threatened and assaulted community members who were trying to stop illegal logging in their home. The escalating use of violence by Pacific Lumber has been ignored by Humboldt County law enforcement.
This vigilante-ism in the woods also threatens the safety of PL employees. Logging rates as one of the most dangerous occupations in the country. PL's policy requiring logging crews to also act as company thugs only adds more risk to employees in the woods. The tragic death of David Chain under these circumstances shows clearly that to PL, profits are more important than human life. Earth First! activists who witnessed the tragic death of their comrade David Chain will cooperate with a full investigation into the incident and its causes. A memorial is planned for next week, and Earth First! will continue to protest Pacific Lumber's illegal logging in Grizzly Creek in David's name. Chain's Mother has requested that those wanting to honor David can send contributions to Earth First!, PO Box 28, Arcata, CA 95518.
WITNESS STATEMENT
September 18, 1998
The following is the statement issued to the media by the nonviolent activists who were present in the forest with David "Gypsy" Chain when he was killed by a falling tree cut by a hostile Pacific Lumber Co. logger on September 17.
Those of us who were present during the death of our friend and fellow activist David "Gypsy" Chain would like to make the following statements and clarifications.
Gypsy was a strong warrior who fought nonviolently for the forest. His dedication and commitment to defending the Earth is an inspiration to all of us.
Gypsy's death is not an isolated incident of violence. In the last several months trees have been intentionally fallen at nonviolent activists at the Luna tree sit and in the Mattole watershed in Humboldt county. This is part of an escalation of violence against nonviolent forest defenders in the Northwest and all over the world.
The loggers were aware of our presence as we had engaged them in conversation throughout the day. In fact, the logger that felled the tree which killed our brother Gypsy had repeatedly threatened us with violence and chased us. He also purposely felled other trees in our direction. We never contrived a call and answer system. In truth, we ran for our lives.
This is part of a series of lies and cover-ups to benefit MAXXAM Corporation, including, but not limited to, the "domino effect" in regards to the falling tree that killed Gypsy, the "call and response" communications, the claim that they didn't know we were present and the overall claim that Pacific Lumber operated safely.
In closing we would like to send our deepest sympathies to Gypsy's family, friends and supporters and all those beings killed by MAXXAM's destructive and greedy forest practices.
Ongoing memorial services will be held off of Highway 36 just past Grizzly Creek Campground on the north side of the road. We are asking for the area to be preserved as a memorial site for David "Gypsy" Chain with all logging activities ceased.
In defense of the Earth,
Carey Jordan
Erik Eisenberg
Zoe Zalia
Mike Avcollie
Jason Wilson
Jeremy Jensen
Mike McCurdy
VIDEO TRANSCRIPT
The following is a transcription of the audible interaction from the video tape documenting the nonviolent activists who were confronted by hostile loggers near Grizzly Creek Redwoods State Park, CA on the morning of September 17. The main logger in this transcript is the one responsible for falling the tree which killed David "Gypsy" Chain. The violent and persistently threatening verbal attack this logger wages on the activists occurred approximately one hour before David Chain was killed. The videographer was eventually chased out of the area by the logger and the trees he was falling towards the activists.
Narrator #1, Zoe Zalia: (Quietly) Here we go. There's a clearcut right ahead of us. This is what it looks like after they clearcut. In the background you can see what it looks like before they clearcut (Narrator #1 ducks behind tree and hands off video camera to narrator #2, Mike McCurdy, as logger chases other activists downhill threatening them, screaming and raging).
L (Logger who cut tree killing David "Gypsy" Chain): (Running downhill after activists screaming) You fuckin' cock suckers... inaudable... in the trees and let the fuckin' people who don't know what's goin' on go to fuckin' jail. We had patience yesterday. I stopped yesterday!
A (Erik "Ayr" Eisenberg, one of the activists): ... inaudable...
L: (Raging) Get the fuck out of here! You've got me hot enough now to fuck!
A: (Apolagetically) We don't want to cause you any problems.
L: (Angrily) You already have! So get out of here! You cock suckers! I mean it!
A: (Assertively) ... When CDF comes out here they'll tell you to stop.
L: (Angrily) When the motherfucker shows up and tells me to stop, I'll stop!
A: (Calmly) ... work ... Well we should give 'em a chance to show up.
L: (Angrily) Why the fuck weren't they here early this morning!?!
A: (Questioning) They were here early this morning?
L: (Angrily) I said, "Why weren't they here early this morning!"
A: (Reasoning) Because they're in the company's pocket. So now...
L: (Sarcastically) They're in the company's pocket? That's why they're fuckin' with us everyday, yeah!?!
A: (Reasoning) They're not fuckin' with you everyday, otherwise they would be out here this morning. That's the thing.
L: (Threateningly) Get outta here! Otherwise I'll fuckin', I'll make sure I got a tree comin' this way!
A: (Gently) Alright, well let's not talk about that. You know we're not gonna...
L: (Loudly, angrily) Cocksucker!
A: (Calmly) ... inaudable... Hurwitz ... inaudable...
L: (Angrily) That's all I heard out of you motherfuckers yesterday!
A: ... inaudable...
L #2 (Another logger present): (Yelling) Why don't you go over there and harass the other fuckin' crew!
A: ... inaudable...
L: (Angrily) Why don't you get outta this fuckin' plan and go to the fuckin' trees that ain't been approved! We don't cut anything that ain't been approved, otherwise we go to fuckin' jail for it!
A: ... inaudable...
L: (Shouting) Where you cocksuckers belong for being out here and fuckin' with us!
A: ... inaudable...
L: (Raging) Ohhhhh, fuck! I wish I had my fuckin' pistol! I guess I'm gonna just start packin' that motherfucker in here. 'Cause I can only be nice so fuckin' long. Go get my saw, I'm gonna start fallin' into this fuckin' draw!
N #2: (Quietly) Grizzly Creek, September 17. A very angry logger.
L: (Shouting) Fuck! Yee Hoo!
N #2: (Quietly) I think he gave up now.
CHAINSAWS REVVING, CUTTING (Narrator scrambling up hill).
N #2: (Breathing heavily) They are logging, with people in the area. There's a tree falling. There are people in the area. Only a few minutes after I saw the irrate logger threatening to hurt people I retreated from him... Here's some more fresh cut. As you can see this is a very fucking steep slope. I can barely climb up it... making it extremely dangerous for an activist or logger up here.
A: ... inaudable...
L: (Shouting) What?
A: ... inaudable...
L: (Angrily screaming) I said I fuckin' love it! You got something else... Get out of here motherfucker!
NARRATOR #2 CHASED OUT OF AREA BY LOGGER AND FALLING TREES. END OF VIDEO DOCUMENTATION OF LOGGER CONFRONTATION.