-Caveat Lector-

http://dallasnews.com/texas_southwest/0824tsw1teargas.htm

Ex-agent says device fired at Waco compound
Justice Department denies item used

08/24/99

By Lee Hancock / The Dallas Morning News

�1999, The Dallas Morning News

A former senior FBI official has said that the agency fired two
pyrotechnic tear gas grenades on the last day of the 1993 Branch
Davidian siege, a day on which federal authorities have long
insisted they used nothing capable of starting a fire.

The former official, Danny O. Coulson, said in an interview that
two devices known as M651 CS tear gas grenades were fired from
FBI grenade launchers hours before the compound erupted in flames
April 19, 1993. He said they were used with permission from FBI
supervisors.

The federal government has consistently disputed accusations that
the FBI started the fire that consumed the Branch Davidian
compound with David Koresh and more than 80 followers inside.
Government officials have maintained that the FBI used only
nonburning devices to insert tear gas into the compound on April
19 because of fears that pyrotechnic tear gas might spark a fire
in the flimsy wooden structure.

The statement by Mr. Coulson, founding commander of the FBI's
hostage rescue team and a deputy assistant FBI director at the
time of the Waco incident, marks the first time that any
government official has publicly contradicted those claims.

On Monday, a spokesman with the U.S. Justice Department again
denied that any pyrotechnic devices were used.

"We are aware of no evidence to support the notion that any
pyrotechnic devices were used by the federal government on April
19," Justice Department spokesman Myron Marlin said. "We've said
that all along."

Mr. Coulson said the pyrotechnic grenades played no role in
starting the fire.

Even if the devices played no role in the final fire, however, a
former Texas Ranger captain who headed the investigation of the
1993 tragedy said Mr. Coulson's statement is "mind-boggling."

"The stance has always been that they used no pyrotechnics out
there that day," said David Byrne, who retired from the agency in
August 1996. "There are some serious criminal violations if they
did. They have testified. They have done it before Congress.
They've done it in court. They've caused other people to testify
that there were no pyrotechnics used.

"If that turns out not to be right, then somebody will have some
serious problems on a federal level," Capt. Byrne said.

The issue of whether pyrotechnic devices were used by the FBI on
April 19 is a major focus of an ongoing inquiry by the Texas
Rangers and a key allegation in a pending federal wrongful-death
lawsuit filed against the government by surviving Davidians and
families of those who died.

The issue was also a factor in a decision by the Texas Department
of Public Safety to persuade a federal judge in Waco to take
control of all the evidence in the case. In response to a DPS
motion, U.S. District Judge Walter Smith issued a sweeping order
Aug. 8 requiring the federal government to turn over all physical
evidence, documents, recordings and photographs related to the
Davidian tragedy.

James B. Francis, chairman of the commission that oversees DPS,
said Monday that Mr. Coulson's statement heightens his concern
that evidence gathered by Texas Rangers immediately after the
1993 tragedy contradicts the federal government's account of what
happened.

"It goes a long way toward confirming why I say that some of the
evidence that DPS has or had in its possession is problematical
and needs to be evaluated by independent experts," he said.

"A fair-minded person who looks at this evidence would see that
there is a problem with some of the things that the federal
government has said happened that day," Mr. Francis said.

The Texas Rangers have had custody of key evidence from the
Davidian investigation since 1993, when they were assigned to
investigate the Feb. 28, 1993, shootout that began the tragedy.

The standoff

Four federal agents with the Bureau of Alcohol, Tobacco and
Firearms died when a shootout erupted as they tried to search the
compound and arrest sect leader Koresh.

The ensuing 51-day standoff ended when FBI agents used tanks to
spray CS tear gas and launch nonburning CS "Ferret' rounds into
the compound to try to force the sect's surrender. Ever since,
Justice Department officials ranging from Attorney General Janet
Reno to the FBI's chief spokesman in Waco repeatedly insisted to
the media, Congress and the courts that all of the CS tear gas
used was nonpyrotechnic.

But Mr. Coulson, then a deputy assistant director of the FBI's
criminal investigative division, said two M651 CS cartridges were
fired at an area known as "the pit," an underground structure
that led to tunnels that opened into the compound.

"There were at least two pyrotechnic devices used that day," said
Mr. Coulson, who helped supervise the government's handling of
the siege.

He said members of the FBI's hostage rescue team asked to use the
pyrotechnic devices because the "Ferret" rounds they had been
issued did not adequately penetrate the pit.

He said two devices were fired after the request was approved by
FBI supervisors, including rescue unit Commander Richard Rogers.
Mr. Rogers, who has since retired, could not be reached for
comment Monday.

Mr. Coulson said that the devices are military ordnance not
commonly used or kept by the hostage unit.

A military manual produced by the U.S. Army describes the M651 as
"pyrotechnic," with a burning time of 20 to 30 seconds. The
manual also warns that while not explosive, malfunctioning M651
canisters have been known to explode on impact.

A CBS television camera recorded footage of white smoke billowing
from the pit area between 8:30 and 9:30 a.m., and Mr. Coulson
said that smoke probably came from the two pyrotechnic grenades.

"The fire did not start there. That's a lot of nothing," he said,
noting that the fire erupted shortly after noon. Independent
arson investigators concluded it began simultaneously in three
separate places inside the compound.

Fire plans

FBI bugs picked up voices of Davidians discussing spreading fuel
and planning a fire hours before the compound burned. Arson
investigators also found evidence that five different
accelerants, including gasoline, charcoal lighter fluid and camp
stove fuel, had been poured inside the compound.

Arson investigators have said their conclusion that the FBI's
tear gas played no role in the fire was partially based on the
agency's assurance that it used no pyrotechnic devices on April
19.

Mr. Coulson said he had no idea why FBI officials did not
acknowledge the use of the pyrotechnic devices in their
statements to Congress and to investigators who conducted a
lengthy Justice Department Review of FBI actions in Waco.

"The first thing they should've said, if we knew, they should've
said we fired," said Mr. Coulson, who now lives in North Texas.
"That's a problem."

The evidence in custody of the Texas Rangers includes one
crime-scene photograph taken just after the compound fire that
shows what arms experts say is a spent M651 CS canister, a
projectile that delivers gas. The device was found in a pool of
water outside the compound.

A small-arms and ammunition expert with Jane's Defense
Information who examined a crime-scene photograph of the device
for The Dallas Morning News said its distinctive design - a
two-toned, gray-and-gun-metal canister ringed with a bright red
band - is unique to U.S. military pyrotechnic tear gas grenades.

"The color coding is indicative of a 40 mm CS grenade," said the
expert, Charles Cutshaw.

Evidence questions

Rangers began trying to find the device in their evidence lockers
after the photograph was brought to their attention by an
independent researcher long critical of the government's action's
in Waco.

The researcher, Mike McNulty, was allowed to view evidence in DPS
custody last fall and this spring when a U.S. Justice Department
official reversed the agency's long-standing policy barring all
public access.

After Mr. McNulty asked to see the device in the crime-scene
photograph, the Rangers could not find it in their evidence
lockers. They also learned from Mr. McNulty that other evidence
in their custody had been mislabeled.

Mr. McNulty's questions about evidence unleashed an uproar in the
Justice Department earlier this summer, federal officials have
said. Lawyers defending the government against the Davidian's
wrongful-death lawsuit did not learn he had been allowed to view
the evidence until his visits were mentioned in pleadings by the
Davidians' lawyers.

The matter then came to the attention of Mr. Francis, chairman of
the DPS commission, who asked Judge Smith to take control of the
evidence to safeguard it. Mr. Francis also ordered the Rangers'
inquiry. Federal prosecutor Bill Johnston in Waco acknowledged
Monday that he is assisting in the inquiry, but he declined
further comment.

"I wouldn't want to comment on the specifics, but I am confident
that the Rangers will get to the bottom of this," he said.

If the Rangers confirm Mr. Coulson's assertion, former Ranger
Capt. Byrne said, it could "open the floodgates" in what is
already among the most troubling failures for U.S. law
enforcement.

"Then we're going to say, 'Wait. Did they fire something more?
Some other kind that was consumed by the fire or was not
recognized?' I see where this is going to be an endless thing,"
he said.

"This affects the credibility of law enforcement. Not only the
FBI, but it puts all law enforcement in question," he said.

�1999 The Dallas Morning News This site is best viewed using
Netscape 4.0 or IE 4.0.


http://dallasnews.com/texas_southwest/0824tsw1gasgrafic.htm

Tear gas and the Branch Davidian standoff 08/24/99


>From U.S. Army data sheet and operating instructions on the M651
CS cartridge teargas grenade, the device that a former FBI
official said was used at the standoff:

� "Type of Filling: pyrotechnic mixture."

� "Burning time: 20 to 30 seconds."

� "The M651 cartridges are not explosive rounds; however, a
malfunctioning projectile may explode upon impact."

Prior statements by federal officials and weapons experts that
the CS tear gas used at Waco was nonpyrotechnic.

� From April 28, 1993, testimony of Attorney General Janet Reno
before the House Judiciary Committee: "I wanted and received
assurances that the gas and its means of use were not
pyrotechnic. I was concerned about intentional or accidental
explosions."


� From April 28, 1993, testimony of William Sessions, then
director of the FBI, to the House Judiciary Committee: "One
critical factor was that CS gas can be used without pyrotechnics.
It will not start or contribute to a fire."


� From written responses from Ms. Reno to questions raised by the
committee: "With respect to the introduction of tear gas on April
19, it was my understanding that the tear gas produced no risk of
fire. ... Again, we regarded the use of tear gas to be safe since
it is nonpyrotechnic and was injected in a liquid form that could
not have caused a fire."


� From the October 1993 "Report to the Deputy Attorney General on
the Events at Waco, Texas," under heading titled False
Accusations That the FBI Started the Fire: "In addition, a
nationally recognized team of arson experts ... has concluded
that the Davidians started the fire, that the fire could not have
been started by accident at a single point of origin, and that
the gas delivery systems the FBI used were completely
nonincendiary."


� From the July 1995 congressional testimony of British
government chemical weapons expert David Upshall about the use of
nonpyrotechnic devices called "ferret rounds" to deliver CS tear
gas in Waco: "It is deliberately chosen, I believe in the United
States of America, to replace the pyrotechnic device because your
buildings have a very high wood content. They are wood frame
buildings, and, therefore, in the case of pyrotechnic devices,
they have tended to catch fire."


SOURCE: Dallas Morning News research


�1999 The Dallas Morning News This site is best viewed using



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