TS - Activist held to answer to misdemeanor assault charge

Activist held to answer to misdemeanor assault charge
By Chris Durant The Times-Standard
Article Last Updated: Saturday, April 23, 2005 - 6:13:00 AM PST

EUREKA -- The man originally charged with felony assault for his role in a struggle 200 feet up in a tree was held to answer to only misdemeanor assault charges in Superior Court on Friday.

The preliminary hearing for Ramsey Noah Gifford ended after three days of testimony.

Superior Court Judge John Feeney determined, after watching hours of video tape taken during the struggle between Gifford, tree climber Eric Schatz and Schatz's employee Michael Oxman, that what happened did not constitute felony assault.

He did say that the struggle was dangerous.

"It's extremely fortunate no one was injured, let alone killed," Feeney said.

Schatz and two of his crew were in the tree on April 10, 2003, to remove another activist who had locked himself to one of the branches. While they were using a grinder to cut through the lock box, Gifford free-climbed up the tree to the platform where Schatz and his crew were.

During the video tapes, Gifford claimed he was trying to climb to the top of the tree. Schatz said he believed that Gifford was suicidal and had attempted to push Schatz and his crew off the platform.

The assault charge stems from claims made by Schatz that Gifford tampered with safety equipment on his harness during the struggle.

After saying he respected Gifford's beliefs and determination, Feeney said he could not find evidence that Gifford acted to protect himself.

"I am not persuaded this is a case of self-defense," Feeney said.

During his arguments, Tim Stoen said Schatz did "everything right."

"Notice, your honor, the magnificent composure of this man," Stoen said, referring to the video tape. "That was heroic conduct."

Stoen said the case wasn't a "pleasure to prosecute."

"We're not talking about bad people in this case," Stoen said.

One of Gifford's attorneys, Omar Figueroa, argued on his behalf.

He referred to footage depicting Oxman apparently stepping, leaning and possibly choking Gifford while trying to put zip ties on him.

"That was viscous, it was unwarranted and it cannot be justified," Figueroa said.

Figueroa also said Schatz "failed to identify" when Gifford tampered with his gear.

A disposition and resetting hearing was scheduled for May 26