No. He was injured by a piece of the wife's skull (while she was holding a baby). Not really shot.
Ruby Ridge Weaver - They Are Still Watching Me
http://www.ky3.com/news/8498467.htmlWeaver fears the federal government may be watching him again after his neighbor spotted someone suspicious.
She says, 'I just scared some guy in a black uniform out of the weeds out there by the woods and he took off running,' he said
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The federale said "He was just doing his job."legacy38 said:Am I correct in my remembrance that the "sniper" was indicted in state court for manslaughter but a federal magistrate dismissed the charges?
There really should have been prosecutions all up the chain of command on that one.
He took a head shot on a woman with a baby in her arms. He did not even claim that she was a threat. She did have on an openly carried pistol in a holster.
I guess Lon Horiuchi does not like open carry, huh?
I guess Lon Horiuchi does not like open carry, huh?
In 1997, Horiuchi was charged in Boundary County, Idaho state court with involuntary manslaughter. Horiuchi successfully petitioned to remove the case to federal court,[1] where the case was dismissed by U.S. District Judge Edward Lodge on May 14, 1998, who cited the supremacy clause of the Constitution which grants immunity to federal officers acting in the scope of their employment. This decision was reversed by an en banc panel of the Ninth Circuit, which held that Horiuchi should stand trial.[4] However, shortly after the Circuit court rendered its decision, the prosecutor moved to drop the case, and the District court granted the motion on June 26, 2001.
Horiuchi remained employed with the FBI throughout his prosecution.
By the way, he claims he was shooting at Kevin Harris (not a legal shoot, either, the guy was running away) and made this perfect head shot on her by accident.
Anybody with any experience should delve a little into the facts and determine for themselves the veracity of his statements.
Anybody with any experience should delve a little into the facts and determine for themselves the veracity of his statements.
Eight months later, he was occupying a sniper post at Waco, Texas.
I was only following orders.
From the federal court opinion.
Is that a legal defense in court? Since when?Mr. Horiuchi, rightly or wrongly, was clearly acting under orders authorized by the U.S. government to go shoot and kill an armed male adult because the threat to human lives had already been determined by his supervisors based on the facts then known to them
Go rape that woman!
Ok.
Not guilty?
Ok.
Not guilty?
There does not have to be case law saying that is not a defense. But I do not know the answer to your question.
It is not a defense under the UCMJ.
It is not a defense under the UCMJ.
Interesting state of affairs that this defense was accepted by a federal judge. I will have to research the issue one day.
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