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Jury begins deliberations in Waco wrongful death case

FBI agents survey the damage after the fire at the Branch Davidian compound in April 1993

From CNN National Correspondent Tony Clark

July 14, 2000
Web posted at: 2:13 p.m. EST (1813 GMT)

WACO, Texas (CNN)-- The $675 million dollar Branch Davidian wrongful death lawsuit went to the jury Friday after relatives of the victims and the government blamed each other for the fiery gun battle that left at least 80 sect members dead at the Mount Carmel compound in 1993.

The five-member advisory panel then began deliberating a verdict to recommend to U.S. District Judge Walter Smith, who could take until sometime in August to make his final decision.

VIDEO CNN'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

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In closing arguments, U.S. Attorney Michael Bradford placed the blame for the 1993 deaths at Mount Carmel squarely on the shoulders of the Branch Davidians and their leader, David Koresh.

"We should be shocked and outraged by the conduct of David Koresh and the Branch Davidians," Bradford told the jury. Instead, Bradford noted, it is the agents from the Bureau of Alcohol, Tobacco and Firearms and FBI being sued.

Bradford said Koresh was preparing the Davidians for war by stockpiling weapons and training followers how to shoot.

"That's what they wanted that day when the ATF showed up there at Mount Carmel," Bradford told the jury.

Bradford said ATF agents "did what they were entitled to do" during the initial raid on the compound. "They were shooting because they were being shot at," he told the courtroom.

Bradford reminded the jury that the Davidians had more than 300 weapons, including 48 rifles that had been converted to automatic rifles.

Fifty-one days later, when the FBI began tear gassing the compound, the on-scene commanders had the flexibility to act according to what they thought best, Bradford said.

Plaintiffs alleged that the on-scene commanders exceeded their authority and began destroying the Davidians' complex. They also charged that the FBI either started or contributed to the fire that destroyed the compound.

"If there is anything that's clear," Bradford told the court, "it is that the Branch Davidians started the fires."

The five-member jury will be 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?

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

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