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Posse Comitatus (see 1969 and 1983) member and anti-tax protester Gordon Kahl (see 1967 - 1973) and three Posse members gun down two US marshals who are attempting to arrest Kahl in a confrontation near Medina, North Dakota. The two marshals are among a group of six attempting to apprehend Kahl in a 1977 income tax case after he violated his probation by refusing to file a tax return (see 1975 - 1981); he has been a fugitive since 1981.
Initial Attempts to Negotiate Peaceful Surrender Fail - In that year, Kahl refused to turn himself over to North Dakota federal marshal Harold “Bud” Warren after a number of telephone conversations in which Kahl insisted that he had been “illegally” convicted by the “forces of Satan.” Warren decided that Kahl’s probation violation was “hardly a serious crime” and decided not to pursue it, partially because he knew Kahl was a crack shot and feared he would lose officers in any attempt to arrest him.
Increasing Involvement in Posse Activities - Kahl moved to Arkansas, where he visited the compound of the white supremacist Covenant, Sword, and Arm of the Lord organization. A member of that organization, Leonard Ginter, hid Kahl from federal authorities. Kahl’s wife, under tremendous stress from the situation, tried and failed to negotiate a settlement with the IRS, resulting in her excoriation by her 23-year-old son Yorie, who accused her of cooperating with “the tithing collectors of the Jewish-Masonic Synogogue [sic] of Satan.” Kahl became more and more involved in Posse Comitatus activities, traveling to Kansas and Colorado.
Return to North Dakota, Confrontation with Police - In January 1983 he and Yorie Kahl returned to North Dakota with the intention of setting up a Posse “township” near Medina, which they envisioned as being free from state and government control. Kahl’s station wagon is observed by Stutsman County deputy sheriff Bradley Kapp, who informs the Marshal Service in Bismarck. Warren’s successor, Kenneth Muir, authorizes Kahl’s arrest, and drives to Medina with Deputy Marshal Carl Wigglesworth to join two other deputy marshals, Robert Cheshire Jr. and James Hopson Jr. Kapp is spotted by some of his Posse colleagues, who quickly join him in planning to forcibly resist any arrest attempt. Reportedly, they receive the assistance of Medina police chief Darrell Graf, who is allegedly a Posse sympathizer. Kahl, Yorie Kahl, and Posse members David Broer and Scott Faul flee Medina in two Posse members’ cars, but the ruse only briefly confuses the marshals, and two police cars with flashing lights quickly apprehend Kahl and Broer. One car is driven by deputy police chief Steve Schnabel; the other by Muir and Wigglesworth. Kapp, Cheshire, and Hopson are close behind in a third vehicle. Kahl and Broer turn off the road into a driveway, and Kahl, armed with a modified Ruger Mini-14 assault rifle, prepares to open fire on the approaching police officers. The others leap out of their cars and, armed with Mini-14s, take up positions in a ditch. When the marshals arrive moments later, they get out of their cars and order the Posse members to lay down their weapons. One of the Posse members opens fire, and in the 30-second volley that ensues, Kahl and his fellow Posse members lay down a deadly fire that inflicts heavy damage on the outgunned marshals. Kahl wounds Kapp and Schnabel with two shots, and kills Muir with a shot to the heart. Muir fires off a single shot that gravely wounds Yorie. Hopson is struck in the head by a ricocheting bullet that causes permanent brain damage. Rifle fire from Yorie and Faul fatally wounds Cheshire. Kapp, severely injured, manages to shoot Yorie three more times, then takes cover. Kahl executes the dying Cheshire with a shot to the head, then points his rifle at the downed Schnabel, but chooses not to kill him, instead taking his police cruiser and fleeing the scene. He takes the injured Yorie to a Posse member, Dr. Clarence Martin; Yorie and Kahl’s wife Joan are arrested later that night at the hospital, and Yorie tells FBI agents some details of the confrontation. Faul, Broer, and Posse member Vernon Wegner are also arrested; Faul refuses to tell police or FBI investigators where Kahl might have fled to. Police find Schnabel’s abandoned police cruiser. Two days later, police surround Kahl’s farmhouse and bombard it with tear gas, only to find it abandoned. They do find a store of weapons and ammunition, and a collection of Posse Comitatus pamphlets and related documents. Kahl’s family insists that law enforcement efforts to apprehend Kahl are unfair, and complain that he is being “hunted like a dog.” Joan Kahl appears on television and tearfully pleads with her husband to surrender, to no avail. FBI and US Marshals descend on the local Posse Comitatus headquarters, and offer a $25,000 reward for information leading to his arrest, but Kahl has disappeared into the shadows of the far-right militia network. (Ian Geldard 2/19/1995; Southern Poverty Law Center 12/2001; Levitas 2002, pp. 194-200; Nicole Nichols 2003; Anti-Defamation League 2011) Kahl’s murder of the marshals will be used by Posse Comitatus leader James Wickstrom to promote the anti-tax movement (see February 14-21, 1983). Four months later, Kahl will die in a bloody standoff with police officers in Arkansas (see March 13 - June 3, 1983).