Ruby Ridge - The Siege and Controversy

The Siege and Controversy

On August 22, the second day of the siege, the FBI HRT sniper/observer teams were deployed to the cabin while an armored personnel carrier carrying negotiators approached to make a surrender callout at the cabin. Before the deployment, HRT Commander Richard Rogers briefed the sniper/observer teams on special rules of engagement approved for use on Ruby Ridge. These military-style rules varied from the FBI's standard deadly force policy. Some snipers later described them as a "green light" to "shoot on sight."

The Ruby Ridge Rules of Engagement (ROE) had been drawn up on the basis of reports from USMS and FBI headquarters, bolstered by unconfirmed news media accounts accepted by HQ, that exaggerated the threat posed by the Weavers.

1. If any adult male is observed with a weapon prior to the announcement, deadly force can and should be employed, if the shot can be taken without endangering any children.
2. If any adult in the compound is observed with a weapon after the surrender announcement is made, and is not attempting to surrender, deadly force can and should be employed to neutralize the individual.
   
3. If compromised by any animal, particularly the dogs, that animal should be eliminated.
   
4. Any subjects other than Randall Weaver, Vicki Weaver, Kevin Harris, presenting threats of death or grievous bodily harm, the FBI rules of deadly force are in effect. Deadly force can be utilized to prevent the death or grievous bodily injury to oneself or that of another.

Standard deadly force policy of the FBI was: "Agents are not to use deadly force against any person except as necessary in self-defense or the defense of another, when they have reason to believe they or another are in danger of death or grievous bodily harm. Whenever feasible, verbal warning should be given before deadly force is applied." Under the Ruby Ridge ROE 3 and 4, the Weaver dogs, the Weaver children and third parties were subject to the standard deadly force policy and could only be shot in self-defense if they presented a danger of death or grievous bodily harm. However, under the Ruby Ridge ROE 1 and 2, deadly force against the Weaver adults should be used without the justification of defense and without any verbal warning.

The Denver FBI SWAT team assigned to Ruby Ridge thought the ROE were "crazy" and agreed among themselves to follow the FBI deadly force policy. However, most of the FBI HRT sniper/observers accepted the ROE as modifying the deadly force policy. Examples: HRT sniper Dale Monroe saw the ROE as a "green light" to shoot armed adult males on sight and HRT sniper Edward Wenger believed that if he observed armed adults, he could use deadly force, but he was to follow standard deadly force policy for all other individuals. Fred Lanceley, the FBI Hostage Negotiator at Ruby Ridge, was "surprised and shocked" at the ROE, the most severe rules he had ever heard in his over 300 hostage situations and characterized the ROE as inconsistent with standard policy. A later Senate report criticized the ROE as "virtual shoot-on-sight orders."

Before the negotiators arrived at the cabin, an FBI HRT sniper, Lon Horiuchi, shot and wounded Randy Weaver in the back with the bullet exiting his right armpit, while he was lifting the latch on the shed to visit the body of his dead son. (The sniper testified at the later trial that he had put his crosshairs on Weaver's spine, but Weaver moved at the last second.) Then, as Weaver, his 16-year-old daughter Sara, and Harris ran back toward the house, Horiuchi fired a second bullet, which passed through Vicki Weaver's head, killing her, and wounded Harris in the chest. Vicki Weaver was standing behind the door through which Harris was entering the house, holding their 10-month-old baby Elisheba in her arms. The Department of Justice Office of Professional Responsibility Ruby Ridge Task Force Report (June 10, 1994) stated in section I. Executive Summary subhead B. Significant Findings that the second shot did not satisfy constitutional standards for legal use of deadly force. The OPR review also found the lack of a request to surrender was "inexcusable", since Harris and the two Weavers were running for cover without returning fire and were not an imminent threat. The task force also specifically blamed Horiuchi for firing through the door, not knowing whether someone was on the other side of it. While controversy exists as to who is responsible for approving the ROE that were being followed by the sniper, the task force also condemned the so-called "rules of engagement" allowing shots to be fired with no request for surrender.

Both FBI HQ and the Site Commanders in Idaho re-evaluated the situation based on information they were receiving from US Marshals Hunt, Cooper and Roderick about what had happened on August 21. On about August 24, 1992, the fourth day of the siege on the Weaver family, FBI Deputy Assistant Director Danny Coulson wrote a memo:

OPR 004477
Something to Consider
1. Charge against Weaver is Bull Shit.
2. No one saw Weaver do any shooting.
3. Vicki has no charges against her.
4. Weaver's defense. He ran down the hill to see what dog was
barking at. Some guys in camys shot his dog.
Started shooting at him. Killed his son. Harris did the
shooting . He is in pretty strong legal position."

On August 26, 1992, 10:53 a.m., the Rules of Engagement that had been in effect since the arrival of the HRT on August 22 were revoked.

The stand-off was ultimately resolved by sympathetic civilian negotiators including Bo Gritz, Jack McLamb, and Jackie Brown. Harris surrendered on August 30, and Randy Weaver and his daughters surrendered the next day. Both Harris and Randy Weaver were arrested. Weaver's daughters were released to the custody of relatives, although some consideration was given to charging Sara, who was 16, as an adult.

At the trial that followed, Weaver was ultimately acquitted of all charges except missing his original court date and violating his bail conditions, for which he was sentenced to 18 months and fined $10,000. Credited with time served, Weaver spent an additional 4 months in prison. Weaver's defense attorney, Gerry Spence, rested his case without offering a defense. Instead he convinced the jury to find as they did merely through his cross-examination and discrediting of the government witnesses and evidence.

Kevin Harris was defended by attorney David Niven and acquitted of all charges.

Defense counsels for Randy Weaver and Kevin Harris alleged throughout their 1993 trial that agents of the ATF, USMS, and FBI were themselves guilty of serious wrongdoing, leading the Department of Justice (DOJ) to create a "Ruby Ridge Task Force," which delivered a 542-page report on June 10, 1994, to the DOJ Office of Professional Responsibility (OPR). The report was never officially released, although a redacted version was circulated by Lexis Counsel Connect, an information service for attorneys. Questions persisted about Ruby Ridge and the subsequent Waco Siege, which involved the same agencies and many of the same officials. The Senate Subcommittee on Terrorism, Technology and Government Information held fourteen days of hearings, ending on October 19, 1995. The hearings were broadcast on CSPAN and confirmed many of the questions raised by the DOJ OPR Report.