Lawyers for indicted Hutaree member David Brian Stone Jr. filed a motion Tuesday requesting seven charges be dismissed, alleging federal prosecutors haven’t shown they have evidence to support them.

The motion comes after Stone’s two attorneys from the Federal Defender Office analyzed hours of audio and video recordings, photographs, defendants’ statements and other materials provided during the discovery process.

David Stone Jr.

“After listening to all these tapes, we’re having a very difficult time finding out why David Stone Jr. is charged in this,” said attorney Todd Shanker, who filed the motion along with Richard Helfrick.

“He doesn’t have an unkind word to say about anybody."

Stone Jr., 20, of Adrian, the adopted son of Hutaree leader David Stone Sr., is one of nine Hutaree members arrested in March during FBI raids in Michigan, Ohio and Indiana. The motion requests the following charges be dismissed: seditious conspiracy, conspiracy to use weapons of mass destruction, teaching and demonstrating the use of explosives and two counts each of carrying a firearm during a crime of violence and possessing a firearm in furtherance of a crime of violence.

“Even when construed in the light most favorable to the government, all counts premised on seditious conspiracy and conspiracy to use weapons of mass destruction fail to allege facts sufficient to support the charges or to establish a clear and present danger,” the motion says.

Stone Jr. also is charged with possessing an unregistered gun. 

Federal prosecutors have not yet filed a response to the motion.

In addition to the motion to dismiss, Stone Jr.’s attorneys filed a motion requesting a Vinson-Enright Hearing, which is a pretrial hearing "where the government must prove by a preponderance of the evidence that a conspiracy existed” and the defendants were part of it.

That motion sheds some light on Stone Jr.’s upbringing, noting that he was home-schooled from about age 7 by David Stone Sr. For Stone Jr., that meant he often was left at home with a Bible and encyclopedia while his mother and Stone Sr. worked, the motion says.

According to the motion, Stone Jr. gave a statement to the FBI explaining he is a member of Hutaree "because his father is a member."

The motion says Stone Jr. had recently become more focused on his family since his son was born a year ago, and the government's evidence shows his presence at militia training was "sporadic at best."

According to the motion, Stone Jr. told investigators he “blows off” his father’s rhetoric, and his father has talked about the “around the corner” outbreak of war with the “one world government” since 1999.

“While acknowledging his father’s animosity toward certain members of law enforcement and his persistent belief that an 'Anti-Christ' government would instigate war, Stone Jr. stated that he was unaware of any specific operation planned to harm law enforcement,” the motion says.

Stone Jr. told the FBI he doesn't share his father's beliefs or want to be part of the militia, but attended some meetings because he didn't want to "break his father's heart," the motion says.

“In the rare circumstances Stone Jr. is heard on tape, he either talks glowingly about his newborn son or about providing for his young family — by working long hours in a brake-parts factory…,” the motion says.

The motion also says the charge of conspiracy to use a weapon of mass destruction "is curious because there is no allegation in the indictment that any defendant ever accepted, received or possessed a real or fake WMD, IED, or EFP."

Stone Jr., who is out on bond, is living with his mother, fiancee and son, Shanker said. He's studying to obtain his GED and has been working at a nearby farm three days a week, taking care of sheep, Shanker said. Stone Jr. is doing as well as can be expected, Shanker said.

“He’s scared,” Shanker said. “These are charges that carry up to life in prison.”

Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and e-mail at leehiggins@annarbor.com.