Date: Tue, 5 Jun 2001 21:02:03 -0500
From: kvc@compuserve.com ("Kent Van Cleave")
Subject: [lpaz-repost] Great news from the 9th Circuit
To: Undisclosed.Recipients
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In case you haven't heard (this is your basic "wildfire" story, I suspect).=
...
Comments interspersed [like this] because I can't resist.
Kent
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Tuesday June 5 6:06 PM ET=20
FBI Shooter in Ruby Ridge Killing Can Be Tried-Court
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Reuters Photo
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By Andrew Quinn
SAN FRANCISCO (Reuters) - A federal appeals court ruled on Tuesday that the=
FBI (news - web sites) sharpshooter who killed the wife of white separatis=
t Randy Weaver in the Ruby Ridge shootout can be prosecuted for manslaughte=
r, reopening a bitter national debate over the rules of conduct for federal=
agents.
Reversing an earlier ruling by a three judge panel of the sam court, 11 ju=
stices of the 9th Circuit Court of Appeals voted 6-5 that FBI Agent Lon Hor=
iuchi's actions in the August 1992 standoff in remote northern Idaho exceed=
ed the limits of immunity given to federal agents.
``When federal officers violate the Constitution, either through malice or =
excessive zeal, they can be held accountable for violating the state's crim=
inal laws,'' said the majority opinion written by Circuit Judge Alex Kozins=
ki.
[Woo-hoo!]
The court, Kozinski wrote, cannot agree that Horiuchi's use of deadly force=
at Ruby Ridge was ``objectively reasonable'' and reinstated the criminal c=
omplaint against him.
The appeals court decision marked a fresh bombshell in a case which has bee=
n taken up by right-wing groups and anti-government activists as an example=
of how federal agencies allegedly trample the rights of U.S. citizens.
It also came as a fresh blow to the beleaguered FBI, which has been beset b=
y criticism over its handling of the investigation of Oklahoma City bomber =
Timothy McVeigh (news - web sites) and lingering doubts over bloody raid of=
the Branch Davidian compound near Waco, Texas in 1993.
In a starkly-worded dissent, five judges on the panel concluded that Tuesda=
y's majority decision was ``a grave disservice'' to federal agents who must=
face armed and dangerous criminals and would have a chilling effect on the=
ability of federal agents to enforce the law.
``The inevitable result of the majority opinion is that federal agents will=
hesitate in precisely those highly charged situations in which their quick=
judgement is most critical,'' the dissent, by Judge Michael Hawkins, said.
[Like when the suspects are surrounded, not shooting at anybody, and just h=
oping to stay alive. Then you've gotta do sumpin' really fast!] Remainder o=
f article snipped.