Lon Horiuchi

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Lon Tomohisa Horiuchi
Born 9 June 1954
Hawaii, United States
Other names Hooch
Occupation FBI sniper

Lon Tomohisa Horiuchi (born 9 June 1954), is a 1976 West Point graduate and U.S. FBI sniper who was charged with manslaughter following the shootings during the Ruby Ridge standoff. The charge was dismissed and Horiuchi was later deployed during the Waco Siege.

[edit] Ruby Ridge

Main article: Ruby Ridge

In 1992, while working at sniper position Sierra 4 for the FBI Hostage Rescue Team at Ruby Ridge, Horiuchi shot and killed Vicki Weaver, while also wounding her husband Randy Weaver and Kevin Harris.[1]

After his first shot hit and wounded Randy Weaver, Horiuchi fired a second shot at Kevin Harris, who was armed, some 20 seconds later as Harris was running into the Weaver home. The bullet struck and killed Vicki Weaver, who was standing behind the door through which Harris was entering the home;[1][2] the round also struck and wounded Harris.[3]

In 1997, Boundary County, Idaho Prosecutor Denise Woodbury, with the help of special prosecutor Stephen Yagman, charged Horiuchi in state court with involuntary manslaughter. Horiuchi successfully petitioned to remove the case to federal court,[4] 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.[citation needed]

The decision to dismiss the charges was reversed by an en banc panel of the Ninth Circuit, which held that enough uncertainty about the facts of the case existed for Horiuchi to stand trial on state manslaughter charges.[5] Ultimately, the then-sitting Boundary County Prosecutor, Brett Benson, who had defeated Woodbury in the 2000 election, decided to drop the charges because he felt it was unlikely the state could prove the case and too much time had passed. Yagman, the special prosecutor, responded that he "could not disagree more with this decision than I do." [5]

The 9th Circuit granted Boundary County's motion to dismiss the case against Horiuchi on September 14, 2001.[6]

The surviving Weaver family received $3.1M in 1995 to settle the civil suit brought against the BATF for wrongful deaths. Harris received $380,000 in 2000.

[edit] Waco

Main article: Waco Siege

On September 13, 1993, Charles Riley, a fellow FBI sniper deployed during the Waco Siege claimed that he had heard Horiuchi shooting from Sierra 1, an FBI-held house in front of the compound holding eight snipers, including Horiuchi and Christopher Curran. Riley later retracted his statement, saying that he had been misquoted, and that he had only heard snipers at Sierra 1 announce that shots had been fired upon by Branch Davidians.[1]

Three of the twelve expended .308 Winchester shell casings that the Texas Rangers reported finding in the house were at Horiuchi's position. However, officials maintain that they could have been left behind from the earlier use of the house by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and that it would be "nearly impossible" to match them to Horiuchi's rifle, as it had probably been rebarreled since that time.[2]

[edit] References

  1. ^ a b Idaho v. Horiuchi, 253 F.3d 359 (9th Cir. 2001).
  2. ^ Nieves, Evelyn. "F.B.I. Agent Can Be Charged In Idaho Siege, Court Rules", 'The New York Times', 2001-06-06. Retrieved on 2007-06-26. 
  3. ^ Witkin, Gordon. "The nightmare of Idaho's Ruby Ridge", 'US News & World Report', 1995-09-11. Retrieved on 2007-06-26. 
  4. ^ "F.B.I. Agent to Be Tried In Federal Court", 'The New York Times', 1998-01-13. Retrieved on 2007-06-26. 
  5. ^ a b F.B.I. Agent To Be Spared Prosecution In Shooting, Sam Howe Verhovek, New York Times, 15 June, 2001, accessed 23 December, 2007
  6. ^ Idaho v. Horiuchi, 266 F.3d 979 (9th Cir. 2001).