-Caveat Lector-

http://www.accesswaco.com/auto/feed/news/local/1999/09/03/936404068.21703.0065.0446.html

Film producer says flash-bangs may have started fire at Mount Carmel

                 By MARK ENGLAND Tribune-Herald staff writer

                 A film producer claims an evidence log put together by
                 the Texas Department of Public Safety shows that
                 flash-bangs were found near three spots where the
                 fires that destroyed Mount Carmel are thought to have
                 originated.

                 Flash-bangs are concussion devices meant to startle
                 and contain a small amount of pyrotechnics.

                 Mike McNulty — apparently the only outsider to view
                 the evidence stored for the upcoming civil lawsuit filed
                 by surviving Davidians against the government —
                 thinks the public is paying too much attention to the
                 furor over military tear gas, which is an incendiary
                 device, being used on bunkers located away from the
                 rambling wooden structure that housed David Koresh
                 and his followers.

                 "I'm telling you, those two projectiles didn't start the
                 fire," said McNulty, one of the producers of "Waco:
                 Rules of Engagement." "Other devices may have. We
                 should be talking about those."

                 Earlier this year, McNulty was given access to the
                 Davidian evidence held in Austin by Assistant United
                 States Attorney Bill Johnston of Waco. McNulty said
                 the flash-bangs were mislabeled as silencers or
                 suppressors. Anyone looking at an inventory of the
                 evidence wouldn't know any flash-bangs had been
                 found inside Mount Carmel, he said.

                 "We found six of these in the evidence chain,"
                 McNulty said. "Two of those were found outside the
                 building. Four were found inside the building — three
                 at the points of origin of the fire."

                 His declaration is based on an evidence log put
                 together by DPS detailing where each piece of
                 evidence was found, McNulty said. Also, arson
                 investigators chosen by the FBI determined that the
                 fire that killed Koresh and 75 followers started
                 simultaneously in three places.

                 DPS officials declined to comment on McNulty's
                 assertion since the evidence is now technically in the
                 custody of U.S. District Judge Walter S. Smith Jr. of
                 Waco.

                 Smith ordered the U.S. Marshals Service to take
                 custody of the evidence, although it has yet to be
                 transferred.

                 FBI spokesman Tron Brekke said no flash-bangs
                 were used on the day of the Davidian fire, April 19,
                 1993. The Justice Department report on "the events
                 at Waco" notes that flash-bangs were used
                 periodically during the siege. Agents tossed
                 flash-bangs toward Davidians who stepped outside
                 Mount Camel on several occasions, according to the
                 report.

                 Brekke said he wouldn't be surprised to learn that
                 flash-bangs were found inside Mount Carmel.

                 "Fifty-something days before there had been an
                 assault by the ATF, if you'll remember," Brekke said.
                 "There are all kinds of possibilities ... I'm not surprised
                 that they were found somewhere inside. No."

                 Brekke said the FBI still believes the Davidians
                 started the fire.

                 Government bugs inside Mount Carmel picked up
                 voices yelling, "Start the fire," and "The fire is lit,"
                 among other things. Surviving Davidians, though,
                 claimed tanks rumbling into their residence knocked
                 over lanterns.

                 How flammable are flash-bangs?

                 Tony Cooper, a University of Texas-Dallas professor
                 and law enforcement consultant, said flash-bangs
                 have the potential to start a fire.

                 "They're called stun grenades," Cooper said. "They're
                 designed to produce a shock wave, which is
                 supposed to have an inhibiting effect against those it's
                 used on. They're used to attack hijackers aboard
                 aircrafts, for example. Anything of an explosive nature,
                 if it comes in contact with materials with a propensity
                 to go up in flames, can act as a kind of detonating
                 agent."

                 Sgt. Phil Hansen, who is with the Los Angeles
                 Sheriff's Department's SWAT team, however, balks at
                 calling flash-bangs an explosive.

                 "There is an ignition device in them," Hansen said.
                 "One of the by-products is heat. It's high heat but for
                 an extremely short duration. We're talking
                 milliseconds. Because of that, there's a low probability
                 of fire. Like anything else, though, it depends on your
                 surroundings."

                 Capt. Steve Smith of the Lexena, Kan. Police
                 Department said flash-bangs have been known in
                 certain circumstances to start fires.

                 Smith, like Hansen, is on the Board of Directors of the
                 National Tactical Officers Association,

                 "There was an incident that happened in Kentucky a
                 couple of years ago," Smith said. "There was a
                 barricaded suspect. He had poured flammable liquid
                 on the carpet. When law enforcement used
                 diversionary devices, it started a fire. You don't have
                 any control of what's on the floor. But, generally
                 speaking, they don't cause fires."

                 Smith thinks tear gas is more likely to start a fire than
                 a flash-bang.

                 "If I was going to put money on it, I'd bet on burning
                 gas before I would a distraction device," Smith said.

                 Justice Department officials confirmed earlier this
                 week that two military tear gas canisters were fired
                 just after 6 a.m. on April 19, 1993. Their target was a
                 bunker near the compound. Officials claimed the
                 canisters hit the bunker's roof, bounced off and
                 landed in a field. They maintain none were fired at the
                 Davidian's living quarters.

                 Military tear gas canisters were used because the
                 non-pyrotechnic tear gas canisters failed to penetrate
                 the bunker, according to Justice Department officials.

                 Hansen said he doesn't consider flash-bangs much of
                 a fire threat because they don't smolder.

                 "To me, a fire is not as great a consideration as much
                 as placing them too close to a person," Hansen said.

                 Flash-bangs have the capability of killing someone if
                 discharged close enough, Cooper said.

                 "To fire these things off in an area where there are
                 women and children would be irresponsible," Cooper
                 said. "If one didn't detonate and was picked up later
                 by a child, it could cause death or very serious injury."

                 Houston attorney Dick DeGuerin, who was Koresh's
                 attorney, said he handed authorities a spent
                 flash-bang given him by the Davidians after he visited
                 Mount Carmel during the siege. Davidians also
                 showed him a live flash-bang, which they kept,
                 DeGuerin said.

                 "I wasn't about to take that one out," DeGuerin said. "I
                 was afraid I'd be shot."

                 DeGuerin, like McNulty, thinks the presence of the
                 flash-bangs inside Mount Carmel should be
                 investigated.

                 "I know they were throwing them throughout the
                 standoff," DeGuerin said. "The FBI claimed it didn't
                 throw any the last day. But I find it funny, given they
                 were logged in at three spots where the fire
                 supposedly started, that they had the wrong labels. I
                 do think it's possible they were left behind by the ATF.
                 But you should be able to check the inventory of what
                 ATF went in there with and what they came back with.
                 It bears looking into, I think."

                 Mark England can be reached at
                 [EMAIL PROTECTED] or at 757-5744.

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