FBI Sniper Won't Be Charged

An Idaho county prosecutor said Thursday an FBI sniper who shot and killed the wife of white separatist Randy Weaver at Ruby Ridge will not be tried in an Idaho courtroom.

Last week, a sharply divided 9th U.S. Circuit Court of Appeals ruled that FBI sniper Lon Horiuchi could face trial on an involuntary manslaughter charge for the death of Vicki Weaver in the 1992 standoff.

Boundary County, Idaho, Prosecutor Brett Benton issued his decision in a news release from his Bonners Ferry, Idaho, office. He gave no reasons.

The involuntary manslaughter charge had been filed by Benton's predecessor, Denise Woodbury. She lost to Benton in last year's election.

Special Prosecutor Stephen Yagman, a Los Angeles attorney appointed by Woodbury to handle the case, said he did not take part in the decision against prosecution.

"Were there to be a different prosecutor in Boundary County, the charge, or more severe charges such as second-degree murder, could be refiled," Yagman is quoted as saying in the same news release.

Weaver's standoff with the FBI began on August 21, 1992, when Weaver and two associates ran into FBI agents scouting out his mountain property so they could deliver an arrest warrant later on for selling two illegal sawed-off shotguns.

In the initial volley, Weaver's son and a deputy U.S. Marshal were killed. Horiuchi arrived on the scene later with a Hostage Rescue Team. Late in the day, while hiding near the cabin, he spotted Weaver, with a friend, Kevin Harris, and Weaver's daughter, headed toward a shed on the property.

Horiuchi shot Weaver, and after taking cover for a moment, Weaver, his daughter and Harris ran back toward the cabin. Horiuchi fired at Harris but the bullet hit Vicki Weaver, who was standing near the door holding an infant. She died instantly of a wound to the head.

A wounded Harris later surrendered, as did Weaver. Both men were acquitted of murder, conspiracy and other federal charges. Weaer was convicted of failing to appear for trial on the firearms charge.

The appeals court decision was significant because the court held that a law enforcement officer could be charged for committing a crime in the line of duty.

The court appeared troubled with the case, and voted 6-5.

"When federal law enforcement agents carry out their responsibilities, they can cause destruction of property, loss of freedom, and as in this case, loss of life — all which might violate the state's criminal laws," wrote Judge Alex Kozinski

"Every day in this country, federal agents place their lives in the line of fire to secure the liberties that we all hold dear," Judge Michael Daly Hawkins wrote for the minority. "We seriously delude ourselves if we think we can serve the cause of liberty by throwing shackles on those agents and hauling them to the dock of a state criminal court when they make such mistakes."

The standoff prompted a nationwide debate on the use of force by federal agencies. Ruby Ridge has become synonymous with high-profile clashes, including the Branch Davidian siege near Waco, Texas, the Freemen standoff and the Oklahoma City bombing.

The Justice Department last summer settled the last civil lawsuit stemming from the standoff. The government admitted no wrongdoing, but paid Harris $380,000 to drop his $10 million civil damage suit.

In 1995, the government paid Weaver and his three surviving children $3.1 million for the killings of Weaver's wife and son.

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