Skip to main content
ad info

 
CNN.com  law center > news
trials and cases
open forum
law library
 
Editions | myCNN | Video | Audio | Headline News Brief | Feedback  

 

  Search
 
 

 
LAW
TOP STORIES

Prosecutor says witnesses saw rap star shoot gun in club

Embassy bombing defendants' confessions admissible, says U.S. Judge

Excerpt: John Grisham's 'A Painted House'

(MORE)

TOP STORIES

Bush signs order opening 'faith-based' charity office for business

Rescues continue 4 days after devastating India earthquake

DaimlerChrysler employees join rapidly swelling ranks of laid-off U.S. workers

Disney's GO.com is a goner

(MORE)

MARKETS
4:30pm ET, 4/16
144.70
8257.60
3.71
1394.72
10.90
879.91
 


WORLD

U.S.

POLITICS

TECHNOLOGY

ENTERTAINMENT

TRAVEL

ARTS & STYLE



(MORE HEADLINES)
*
 
CNN Websites
Networks image

find law dictionary
 

Advisory jury rules government not at fault in Branch Davidian raid

graphic
 

July 14, 2000
Web posted at: 4:26 p.m. EDT (2026 GMT)

WACO, Texas (CNN) -- A five-member advisory jury on Friday found the federal government was not to blame in the deaths of some 80 Branch Davidians in the 1993 siege of the religious sect's compound outside Waco.

The verdict came in a $675 million wrongful death lawsuit filed by the surviving sect members and family members of those who died.

The plaintiffs alleged that the government was liable for the deaths because it used excessive force during a February 1993 raid on the compound, which precipitated a 51-day standoff between the FBI and Branch Davidians. The stanodoff came to a fiery end in April 1993.

 VIDEO
VideoCNN's Tony Clark has highlights of the testimony
QuickTime Play
Real 28K 80K
Windows Media 28K 80K
  PERSPECTIVE
Two views of Waco from a former FBI investigator and a Branch Davidian survivor
  MESSAGE BOARD
What were your thoughts while watching the government raid the Branch Davidian compound in 1993?

Waco investigation
  CASE FILE
Waco Revisited
MORE FROM FindLaw
 
-----------
Consumer Center
-----------

The government argued throughout the trial that it was suicidal Branch Davidians, led by their leader David Koresh, who set fire to the compound to avoid surrendering to the government's authority.

The jury recommended a verdict. It is up to U.S. District Judge Walter Smith to make the final decision.

Government attorneys introduced as evidence five burned weapons recovered at the Branch Davidian compound called Mount Carmel, outside Waco.

About 300 machine guns, assault rifles and other high-powered firearms were recovered at the site in 1993.

The lawsuit went to trial June 19, more than seven years after the seige ended.

About 80 Branch Davidians died from either fire or gunshots on the final day of the standoff, including Koresh and 17 children.

Six members of the apocalyptic Christian sect and four agents also were killed on February 28, 1993, during the raid that prompted the standoff.

The plaintiffs contended that the government helped set three fires that engulfed the compound at the end of the siege. The government maintained that the Branch Davidians started the fires.

The plaintiffs also said the agents fired indiscriminately into the building during the February raid. The government said the agents were ambushed by heavily armed sect members and were defending themselves.

The case once again shines the spotlight on the government's actions during the raid and standoff that made headlines around the world and led to congressional inquiries. Though the inquiries cleared the government of wrongdoing, the Waco issue raised concerns about whether the government goes too far to quell dissenting voices.

Smith, in a fairly unusual move, empaneled a five-member jury to help him during the trial. Smith could take until August to make his final decision.

The background in brief

On February 28, 1993, agents of the federal Bureau of Alcohol, Tobacco and Firearms went to Mount Carmel to investigate reports that the sect was hoarding weapons. They encountered stiff gunfire. Four agents and six Davidians were killed. The standoff began, with the FBI taking over.

A number of other aspects of the case are also in dispute. For instance, the families allege that the government at times initiated the shooting exchanges, pointing to flashes on a surveillance tape as proof of gunfire from the agents. The government argues those flashes were caused by sunlight glinting off debris in the compound.

The five-member jury was asked to answer four questions:

1. Did Alcohol, Tobacco, and Firearms agents use excessive force?
2. Was the FBI neglegent in their handling of the events at Waco?
3. Were the Davidians themselves negligent?
4. If both were negligent, what percentage of responsibility for the tragedy should each side bear?

The jury found that the agents of the Bureau of Alcohol, Tobacco and Firearms were not to blame for sparking the standoff with a February 28, 1993, raid on the Branch Davidian compound and that FBI agents were not guilty of starting or contributing the fatal fire on April 19, 1993.



RELATED STORIES:
Closing arguments under way in Branch Davidian trial
July 14, 2000
Closing arguments expected Friday in Branch Davidian trial
July 13, 2000
Witness: Branch Davidian fire appears 'coordinated'
July 12, 2000
Government lawyers say tapes show Davidians set fire
July 10, 2000
Fuel cans found at Davidian compound, Texas Ranger testifies
July 7, 2000
300 weapons recovered from Branch Davidian compound, Ranger testifies
July 6, 2000
911 tape played in court on third day of Waco trial
June 21, 2000
Attorneys deliver opening statements in Waco trial
June 20, 2000
Jury seated for Branch Davidian wrongful-death lawsuit
June 19, 2000
Reno questioned by Danforth for six hours; Davidians lawyer attacks Vector report
May 11, 2000

RELATED SITES:
Federal Bureau of Investigation
United States Attorney's Office, Central District of California
Branch Davidian
Federal Tort Claims Act -- Defined & Explained


Note: Pages will open in a new browser window
External sites are not endorsed by CNN Interactive.
 Search


Back to the top   © 2001 Cable News Network. All Rights Reserved.
Terms under which this service is provided to you.
Read our privacy guidelines.