Appeals Panel Hears Ruby Ridge Case
SOURCE:
http://dailynews.yahoo.com/h/ap/20001220/pl/ruby_ridge_1.html

Wednesday December 20 11:41 PM ET
Appeals Panel Hears Ruby Ridge Case
By DAVID KRAVETS, Associated Press Writer SAN FRANCISCO (AP) -

The FBI (news - web sites) shooting of a white separatist's wife during the
1992 Ruby Ridge standoff was recounted in a federal courtroom Wednesday in a
case that is testing whether federal agents are immune to state
prosecution.The 9th U.S. Circuit Court of Appeals (news - web sites) didn't
immediately indicate whether prosecutors would be allowed to try agent! Lon T.
Horiuchi on manslaughter charges for the death of Randy Weaver's wife, Vicki.
The federal government declined to prosecute the agent.Wednesday's hearing
stemmed from a request by Boundary County, Idaho, prosecutors, who argued in
court papers that the shooting was done by a ``wild-headed government
sniper.'' The county asked the court to review its June decision that said
the county couldn't prosecute the sharpshooter for ``actions taken in pursuit
of his duties as a federal law enforcement officer.''
Attorney Ramsey Clark, arguing for the county, said the court must reverse
that decision in a case defining ``when government agents can kill with
immunity.''
Solicitor General Seth Waxman told the 11 judges that it didn't matter
whether Vicki Weaver's death was the result of excessive force.``These
federal law enforcement officials are privileged to do what would otherwise
be unlawful if done by a private citizen,'' Waxman told the panel during the
hour-long hearing. ``It's a fundamental function of our government.''Judge
Alex Kozinski questioned Waxman's argument, saying: ``If the Constitution
does not provide limitations for federal agents' actions, then what does?''
Much of the discussion focused on the facts surrounding Vicki Weaver's
killing. Judge Susan Graber asked whether Horiuchi, who wasn't in the
courtroom, knew the unarmed woman was in the line of fire when he shot at
Weaver's cabin. ``Reasonable people could differ whether Agent Horiuchi's
actions were reasonable or not,'' she said.``You really don't know the facts
until you go to trial,'' Clark responded.

Waxman said the facts are irrelevant, and that federal agents subject to
various state laws could chill the government's ability even to guard the
president.The court didn't indicate when it would rule.
During the weeklong standoff at northern Idaho's remote Ruby Ridge, Horiuchi
shot and killed Weaver's wife and wounded family friend Kevin Harris.
Witnesses have said the sharpshooter fired as Vicki Weaver held open the
cabin door, her 10-month-old baby in her arms, to let Randy Weaver, their
daughter and Harris in.
Horiuchi maintains he didn't see Vicki Weaver when he fired at Harris, who
was armed and was ducking into the cabin as federal agents attempted to
arrest Randy Weaver on a weapons trafficking charge. He also has said he
fired to protect a government helicopter overhead.
The Justice Department (news - web sites) this summer announced the
settlement of the last remaining 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 killing of Weaver's wife and their son, Samuel. The
14-year-old boy died in a shootout with federal marshals that ignited the
siege. A deputy marshal was also killed.-

On the Net:9th Circuit Court of Appeals,case is
Idaho vs. Horiuchi, 98-30149: http://www.ca9.uscourts.gov/
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