On Thu, 27 Jul 2000 15:45:45 EDT [EMAIL PROTECTED] wrote:
Watch this case closely... at the moment our federal agents have a literal
license to kill because of the initial ruling in this case. Until
legislation is passed or the courts reverse this decision.. we're all sitting
ducks.
~Sharlene~
"Perhaps most troubling, the opinion waters down the constitutional standard
for the use of deadly force by giving officers a license to kill even when
there is no immediate threat to human life..."
http://www.spokane.net/news-story-body.asp?Date=072600&ID=s830763&cat=
County takes another shot at FBI sniper
Petition asks appeals court to rehear Ruby Ridge case
Betsy Z. Russell - Staff writer
Should federal agents who killed a woman and child and wounded two men at
Ruby Ridge be immune from prosecution or lawsuits simply because they were
doing their jobs?
The 9th Circuit Court of Appeals has answered that question two different
ways -- and it's now being asked to rule again.
"The case is highly significant, and raises issues of the greatest importance
and of national concern," said Stephen Yagman, a Los Angeles attorney. He is
working with Boundary County Prosecutor Denise Woodbury in an attempt to
prosecute FBI sniper Lon Horiuchi for manslaughter.
If Horiuchi can't be charged, Yagman said, "This changes the entire law with
respect to the use of force."
During a standoff between federal agents and separatist Randy Weaver at
Weaver's remote Ruby Ridge cabin in 1992, Horiuchi fired a single shot that
killed Weaver's wife, Vicki, and wounded family friend Kevin Harris. The shot
came as Vicki Weaver was holding open the cabin door, her 10-month-old baby
in her arms, to let Harris, Randy Weaver and his daughter Sara back inside.
In its petition for rehearing, the county said it could have charged Horiuchi
with second-degree murder instead of manslaughter. When Horiuchi fired, he
was "mindlessly shooting to kill on sight, firing blindly a 200-yard shot
through a door," the petition states. "Mrs. Weaver was killed by a
wild-headed government sniper in violation of our Constitution, and still is
dead."
The county tried to prosecute Horiuchi for Vicki Weaver's death, but a
three-judge panel of the 9th Circuit Court ruled in June that Horiuchi
couldn't be charged. The county has asked the full federal appeals court to
rehear that 2-1 decision, which included a sharply worded dissent.
Dissenting Judge Alex Kozinski wrote that the decision "throws a monkey
wrench into our law governing the proper use of deadly force." He added,
"Perhaps most troubling, the opinion waters down the constitutional standard
for the use of deadly force by giving officers a license to kill even when
there is no immediate threat to human life, so long as the suspect is
retreating to `take up a defensive position.' This has never been the law in
this circuit, or anywhere else I'm aware of, except in James Bond movies. I
fear this change in our long-standing law."
If the court agrees to rehear the case, it could take several months.
At the same time, Harris' $10 million civil lawsuit against the federal
government is also headed back to the 9th Circuit, after a U.S. district
judge ruled last month that five of the eight agents Harris sued, including
Horiuchi, must stand trial.
All five appealed that ruling, and Harris in turn appealed the decision to
release three of the eight defendants.
To complicate the issue further, the 9th Circuit has already ruled that the
agents aren't immune from Harris' lawsuit.
Horiuchi appealed that ruling to the U.S. Supreme Court, but the high court
declined to review it. The earlier ruling came in a slightly different legal
context, involving a motion to dismiss the case, while the current maneuver
is a motion for summary judgment.
Ellison Matthews, attorney for Harris, said, "I'm confident that we'll
prevail on appeal."
Harris' case had been scheduled to go to trial in Boise in two weeks. Now,
because of the appeals, it will be delayed until next year.
The 9th Circuit's Horiuchi ruling came under the Supremacy Clause of the
Constitution, saying the state couldn't prosecute Horiuchi for "actions taken
in pursuit of his duties as a federal law enforcement officer."
Its earlier decision in the Harris case dealt with "qualified immunity," a
similar concept. In the June ruling, the majority of the court argued, "The
two immunities are not the same, nor do they serve the same purposes.
Immunity under the Supremacy Clause from state criminal prosecution may cover
instances in which qualified immunity does not apply."
Kozinski responded, "This might be a plausible argument but for the fact that
precisely the same test applies as to both: Did the officer act
constitutionally? What protects an officer from civil and criminal liability
is the lawfulness of his actions." If the officer does something unlawful,
Kozinski said, states should be able to enforce their criminal laws.
Harris' lawsuit charges that federal agents violated his 4th Amendment right
to be free from unreasonable search and seizure and excessive force. He also
alleges battery and false imprisonment.
The agents first confronted Harris, Weaver and Weaver's 14-year-old son Sam,
who were all armed, at a crossroads near Weaver's cabin. The agents had
Weaver under surveillance because he had failed to appear in court on a
weapons charge.
After an agent shot Sam's dog, a yellow labrador named Striker, a gun battle
erupted between three agents and the trio. Deputy U.S. Marshal William Degan
and Sam both died. The next day, at the cabin, Horiuchi shot and wounded
Randy Weaver and then fired the shot that killed Vicki Weaver and wounded
Harris.
Harris lay wounded in the cabin for nine more days, begging Weaver and others
to kill him to end his suffering. After Weaver surrendered, both he and
Harris stood trial and were acquitted of killing Degan.
Harris was cleared of all wrongdoing, though he admitted he might have fired
the shot that killed Degan during the gun battle.
Weaver was convicted only of failure to appear in court, and served 16 months
in prison.
Weaver and his three daughters sued the federal government, which settled his
multimillion-dollar suit in 1995 for $3.1 million.
•Betsy Z. Russell can be reached at (208) 336-2854 or by e-mail at
[EMAIL PROTECTED]
Ruby Ridge in the courts
Boundary County is asking the full 9th Circuit Court of Appeals to allow
prosecution of FBI sniper Lon Horiuchi, who wounded Kevin Harris and killed
Vicki Weaver on the second day of the Ruby Ridge standoff. A 3-judge panel
ruled in June that Horiuchi could not be prosecuted.
•Harris's $10 million lawsuit charging violation of his 4th Amendment right
to be free from unreasonable search and seizure and excessive force is being
appealed to the 9th Circuit. A district court judge ruled that the agents,
including Horiuchi, must stand trial.
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