Ligon

I. Factual Background

The United States Forest Service (“USFS”) posted a reward for information concerning the theft of several Native Ameri- can petroglyphs that had been removed from an unmarked site on the side of a mountain in northwest Reno. Acting on a tip received under a “secret witness” program, Reno police found two of the petroglyphs prominently displayed in the front yard of Ligon’s home, and a third in the back of his Suburban vehi- cle parked at his home.

USFS special agents then interviewed Ligon and Mizell. Ligon explained that he drove out to the mountainside and used a winch and a roller device to pull the three “rocks” out. He admitted that he never sought permission or advice before taking the rocks, and that he excavated them after dark. He claimed that he took the rocks in order to protect them from being “bowled over” by an encroaching construction develop- ment, and to display them in his front yard. Mizell stated that he went to the mountainside with Ligon, and he corroborated that the winch and roller device had been used to extract the petroglyphs and move them to Ligon’s yard. A USFS special agent found a pry bar on the mountainside near where the…