No more Ruby Ridge's...... http://www.ruby-ridge.com/ 'The Ballad of Randy Weaver' Wheresoever Eagles Gather http://www.klang.com/eagles.html Bard -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] Sent: Wednesday, June 14, 2000 10:38 PM To: [EMAIL PROTECTED] Subject: [waco-group] More on Horiuchi Date: 6/14/2000 10:02:01 PM Central Daylight Time From: [EMAIL PROTECTED] Want to send this story to another AOL member? Click on the heart at the top of this window. Appeals court backs FBI killer at Ruby Ridge By Andrew Quinn SAN FRANCISCO, June 14 (Reuters) - The FBI sharpshooter who killed the wife of Randy Weaver in the 1992 Ruby Ridge shootout cannot be prosecuted by the state of Idaho, a federal appeals court decided Wednesday. The confrontation at Ruby Ridge began Aug. 21, 1992, when U.S. marshals approached Weaver's cabin to arrest him for failing to appear in court on gun charges. The 9th Circuit Court of Appeals, ruling 2-1 in a case that sparked debate over the conduct of federal agents groups, said Agent Len Horiuchi made an ``objectively reasonable decision'' to open fire during an armed confrontation at the Ruby Ridge, Idaho cabin of Weaver in August 1992. One of Horiuchi's two shots killed Weaver's wife Vicki inside her home. ``Today, all must regret the tragic result. However, given the circumstances at the time, Horiuchi made an objectively reasonable decision,'' U.S. District Judge William Shubb wrote in 2-1 majority opinion upholding a May 1998 lower court ruling on Horiuchi's immunity from prosecution. In a strongly worded dissent, however, one of the panel's three judges said the decision would allow law enforcement agents to shoot to kill with the impunity of fictional secret agent James Bond. ``Because the 007 standard for the use of deadly force now applies to all law enforcement agencies in our circuit -- federal, state and local -- it should make us all feel less secure,'' Circuit Judge Alex Kozinski wrote. FBI Director Louis Freeh sent a letter to all FBI employees late on Wednesday lauding the federal appeals court decision. ``This ruling supports what I have always believed,'' Freeh said in the letter. ``While this decision may be appealed, the strong language in the majority opinion in support of his (Horiuchi) actions should be great solace not only for Lon and his family but also for law enforcement officers everywhere who daily confront potentially deadly situations.'' The earlier ruling found Idaho had produced no evidence of malice or criminal intent in its case against Len Horiuchi, who was charged with involuntary manslaughter after the shootout. Horiuchi's lawyers argued that under the ``supremacy clause'' of the U.S. Constitution, a federal officer cannot be subject to state criminal prosecution for actions taken in the line of duty. The U.S. Justice Department decided in 1994 not to pursue charges against Horiuchi, but prosecutors in Boundary County, Idaho went ahead and charged him for his role. Denise Woodbury, the county's prosecuting attorney in the case, was not available for comment Wednesday. In his dissent, Kozinski questioned the shooting, which he said had been found unconstitutional by a Senate Committee, the Justice Department's Office of Professional Responsibility and a prior panel of the 9th Circuit Court of Appeals. ``Besieged by a platoon of FBI agents with high-powered rifles, two armoured vehicles and a helicopter, the suspects at Ruby Ridge posed no immediate danger. There was no chance they could escape and take hostages. There was plenty of time to call out a warning, and there were many occasions to give the suspects a chance to surrender,'' Kozinski wrote. The suspects' decision to take up defensive positions in the cabin did not warrant the use of deadly force, and could have eventually led to a bloodless resolution of the confrontation by providing them with more time to consider their situation. ``Therefore it is immensely troubling that the majority today holds -- for the first time anywhere -- that law enforcement agents may kill someone simply to keep him from taking up a defensive position,'' Kozinski said. U.S. Marshal William Degan and Weaver's 14-year-old son, Sammy, were killed in a gunbattle near the cabin, and the FBI was called in later that day. The next day, Horiuchi wounded Weaver and his friend Kevin Harris and killed Vicki Weaver. Weaver and Harris surrendered 10 days later, and in a 1993 federal trial, they were acquitted of murder charges in the killing of Degan. Michael Mumma, a Weaver family lawyer, said, ``The family has always felt disappointed that no one has been held accountable who was personally involved in the deaths of Vicki and Sam.'' (San Francisco bureau, 415-677-2541, andrew.quinn+reuters.com) 21:57 06-14-00 Copyright 2000 Reuters Limited. All rights reserved. Republication or redistribution of Reuters content, including by framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. All active hyperlinks have been inserted by AOL. For subscription info, go to: http://www.egroups.com/subscribe/piml Sorry to report, the RichSlick special on the Waco New Revelation tape is no longer available. Hope yu got yours. I got mine. To unsub from this list send a blank email to [EMAIL PROTECTED]
Want to send this story to another AOL member? Click on the heart at the top of this window. Appeals court backs FBI killer at Ruby Ridge By Andrew Quinn SAN FRANCISCO, June 14 (Reuters) - The FBI sharpshooter who killed the wife of Randy Weaver in the 1992 Ruby Ridge shootout cannot be prosecuted by the state of Idaho, a federal appeals court decided Wednesday. The confrontation at Ruby Ridge began Aug. 21, 1992, when U.S. marshals approached Weaver's cabin to arrest him for failing to appear in court on gun charges. The 9th Circuit Court of Appeals, ruling 2-1 in a case that sparked debate over the conduct of federal agents groups, said Agent Len Horiuchi made an ``objectively reasonable decision'' to open fire during an armed confrontation at the Ruby Ridge, Idaho cabin of Weaver in August 1992. One of Horiuchi's two shots killed Weaver's wife Vicki inside her home. ``Today, all must regret the tragic result. However, given the circumstances at the time, Horiuchi made an objectively reasonable decision,'' U.S. District Judge William Shubb wrote in 2-1 majority opinion upholding a May 1998 lower court ruling on Horiuchi's immunity from prosecution. In a strongly worded dissent, however, one of the panel's three judges said the decision would allow law enforcement agents to shoot to kill with the impunity of fictional secret agent James Bond. ``Because the 007 standard for the use of deadly force now applies to all law enforcement agencies in our circuit -- federal, state and local -- it should make us all feel less secure,'' Circuit Judge Alex Kozinski wrote. FBI Director Louis Freeh sent a letter to all FBI employees late on Wednesday lauding the federal appeals court decision. ``This ruling supports what I have always believed,'' Freeh said in the letter. ``While this decision may be appealed, the strong language in the majority opinion in support of his (Horiuchi) actions should be great solace not only for Lon and his family but also for law enforcement officers everywhere who daily confront potentially deadly situations.'' The earlier ruling found Idaho had produced no evidence of malice or criminal intent in its case against Len Horiuchi, who was charged with involuntary manslaughter after the shootout. Horiuchi's lawyers argued that under the ``supremacy clause'' of the U.S. Constitution, a federal officer cannot be subject to state criminal prosecution for actions taken in the line of duty. The U.S. Justice Department decided in 1994 not to pursue charges against Horiuchi, but prosecutors in Boundary County, Idaho went ahead and charged him for his role. Denise Woodbury, the county's prosecuting attorney in the case, was not available for comment Wednesday. In his dissent, Kozinski questioned the shooting, which he said had been found unconstitutional by a Senate Committee, the Justice Department's Office of Professional Responsibility and a prior panel of the 9th Circuit Court of Appeals. ``Besieged by a platoon of FBI agents with high-powered rifles, two armoured vehicles and a helicopter, the suspects at Ruby Ridge posed no immediate danger. There was no chance they could escape and take hostages. There was plenty of time to call out a warning, and there were many occasions to give the suspects a chance to surrender,'' Kozinski wrote. The suspects' decision to take up defensive positions in the cabin did not warrant the use of deadly force, and could have eventually led to a bloodless resolution of the confrontation by providing them with more time to consider their situation. ``Therefore it is immensely troubling that the majority today holds -- for the first time anywhere -- that law enforcement agents may kill someone simply to keep him from taking up a defensive position,'' Kozinski said. U.S. Marshal William Degan and Weaver's 14-year-old son, Sammy, were killed in a gunbattle near the cabin, and the FBI was called in later that day. The next day, Horiuchi wounded Weaver and his friend Kevin Harris and killed Vicki Weaver. Weaver and Harris surrendered 10 days later, and in a 1993 federal trial, they were acquitted of murder charges in the killing of Degan. Michael Mumma, a Weaver family lawyer, said, ``The family has always felt disappointed that no one has been held accountable who was personally involved in the deaths of Vicki and Sam.'' (San Francisco bureau, 415-677-2541, andrew.quinn+reuters.com) 21:57 06-14-00 Copyright 2000 Reuters Limited. All rights reserved. Republication or redistribution of Reuters content, including by framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. All active hyperlinks have been inserted by AOL. For subscription info, go to: http://www.egroups.com/subscribe/piml
