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Idaho prosecutor praises Ruby Ridge sniper ruling

Ruby Ridge
Randy Weaver's home in Ruby Ridge, Idaho, site of the 1992 standoff.  


SANDPOINT, Idaho (CNN) -- The prosecutor who brought a manslaughter charge against the FBI sniper who killed the wife of a white supremacist during the 1992 standoff at Ruby Ridge said Wednesday she believes in "equal justice under the law," including for federal agents.

Denise Woodbury, the former prosecutor for Boundary County, made her comments a day after a federal appeals court ruled that FBI agent Lon Horiuchi can be tried for manslaughter if issues still in dispute can be resolved.

Horiuchi fired two shots, wounding Randy Weaver and killing Weaver's wife, Vicki, who was inside the cabin. She died from a gunshot wound to the head -- a killing that has become a battle cry for militia groups. A day earlier, Weaver's armed 14-year-old son, Sam, was killed in a gun battle with a U.S. marshal, who also died.

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Convicted Oklahoma City bomber Timothy McVeigh has cited Ruby Ridge and the FBI siege of the Branch Davidian compound in Waco, Texas, as reasons he carried out the bombing.

Woodbury said she brought the manslaughter charge against Horiuchi in August 1997 after thoroughly reviewing the evidence.

"I looked at the law and I looked at the facts, and they merited in my opinion as a prosecutor having the court take a look at it," she told CNN.

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.

"I believe in equal justice under the law -- that everyone be treated equally, including law enforcement and victims," Woodbury said.

Woodbury was replaced as county prosecutor in November elections. Her files have since been turned over to the new county prosecutor, Brett Benson, who refused comment.

In Tuesday's closely split 6-5 decision, the U.S. 9th Circuit Court of Appeals reversed an earlier ruling by a three-judge panel of the same court and found there are still "material questions of fact in dispute" before it can be determined if Horiuchi should stand trial.

The court said "these factual issues ... must be resolved by the district court prior to trial."

Weaver
Randy Weaver in 1992: "It's a great day for the citizens of this country," he said of the court ruling.  

Randy Weaver, 53, told CNN he is "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."

Weaver said it has 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 released a statement Tuesday saying 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.

The court cited six key elements still in dispute:

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

-- 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 has limits. If the agent acts in an "objectively unreasonable manner, those limits are exceeded and a state may bring criminal prosecution."

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


Greta@LAW







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