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Appeals court says Ruby Ridge sniper can be tried

Ruby Ridge
Randy Weaver's home in Ruby Ridge, Idaho, site of the standoff  


SAN FRANCISCO, California (CNN) -- A federal appeals court ruled Tuesday FBI sniper Lon Horiuchi, who killed the wife of white supremacist Randy Weaver during the 1992 standoff at Ruby Ridge, Idaho, can be tried for manslaughter if issues still in dispute can be resolved.

The closely split 6-5 decision, which reverses a lower court ruling, found there are still "material questions of fact in dispute." The court said "these factual issues ... must be resolved by the district court prior to trial."

Randy Weaver told CNN he's "very happy" with the court's decision.

"It's a great day for the citizens of this country," he said in a telephone interview from Jefferson, Iowa. "It shows that federal agents, like all the other citizens of this country, will be held accountable for the laws that they break."

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Weaver said it's taken too long for this development to come about, and added, "I will be very relieved when I see some justice done."

FBI director Louis Freeh said in a statement Tuesday the agency is very disappointed with the court's decision.

"We have the utmost respect for the process, however, and will continue to support Agent Horiuchi and his family as this litigation continues," his statement said.

"As so often happens in law enforcement, split-second life and death decisions must be made by those sworn to enforce the law. We continue to believe strongly Agent Horiuchi met the legal standard that protects law enforcement officers when they carry out their sworn duties, even when the consequence in hindsight is regrettable," Freeh's statement added.

Horiuchi fired two shots, wounding Weaver and killing Weaver's wife, Vicki, who was inside the cabin and died from a gunshot wound to the head.

The court cited six key elements still in dispute:

 •  The position of an FBI helicopter at the time of the incident.

Randy Weaver pictured in 1992
Randy Weaver pictured in 1992  

 •  Risk to the helicopter from those holding out at Ruby Ridge.

 •  The danger of giving a warning to the victim before firing.

 •  The sniper's belief that the man he was firing at was the same man who had made threatening gestures to the helicopter.

 •  Horiuchi's knowledge of Mrs. Weaver's whereabouts.

 •  The danger that Weaver and another armed man outside his cabin might escape.

In agreeing that federal agents enjoy immunity from state prosecution, the court found that the immunity had limits. If the agent acts in an "objectively unreasonable manner, those limits are exceeded and a state may bring criminal prosecution."

In remanding the case to the district court, the appeals court indicated that, should that court's finding of fact show that Horiuchi acted in a reasonable manner, his immunity would be reinstated, meaning he would NOT have to stand trial.

The federal government had argued the Constitution-based "supremacy clause" prohibits a state from prosecuting a federal agent for lawfully carrying out his official duties


Greta@LAW







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