Five FBI agents under investigation for shots fired during deadly Oregon roadblock

Five FBI agents are under federal criminal investigation after one agent failed to disclose that he fired twice during the deadly confrontation with Oregon occupier Robert “LaVoy” Finicum, authorities said Tuesday.

The unnamed agents, who belonged to the FBI’s elite Hostage Rescue Team, told investigators that neither had fired shots during the Jan. 26 confrontation with Oregon occupiers on Highway 395, during which Finicum was shot and killed.

But the results of an investigation led by the Deschutes County Sheriff’s Office concluded Tuesday that eight shots were fired — six by Oregon State Police and two by the FBI. Finicum, 54, died after he was hit in the back by three of the shots fired by the state police.

During a Tuesday press conference, Malheur County District Attorney Dan Norris said that his office had concluded the state officers’ actions were “justified and in fact necessary,” even though family and friends of Finicum’s have described the shooting as an “assassination.”

“The officers knew that Mr. Finicum had carried a gun on the left side of his body. Obviously they don’t have X-ray vision,” Mr. Norris said at the press conference, held at the Deschutes County Sheriff’s Office in Bend, Oregon.

“They also are not required to allow someone to pull a gun before they are allowed to use deadly physical force,” Mr. Norris said. “The law says they are allowed to respond to an imminent threat of deadly physical force.”

More surprising was the disclosure by Deschutes County Sheriff Shane Nelson, whose office led the independent investigation into the Harney County clash, that forensic evidence showed Finicum’s white Dodge pickup had been hit four times — three times by Oregon state police and once by the FBI.

He said the investigation also found that the same FBI agent fired his weapon twice, not hitting anything the second time, even though he twice denied discharging his weapon.

“Of particular concern to all of us is that the HRT operators did not disclose their shots to our investigators or their superiors,” Sheriff Nelson said. “Nor did they discuss specific actions they took after the shooting, which are the subject of an ongoing investigation.”

The Justice Department Office of the Inspector General confirmed that an investigation into the FBI agents’ conduct is underway.

“Under the Inspector General Act, the DOJ OIG has jurisdiction to independently review allegations of FBI misconduct,” said Michael E. Horowitz in a Tuesday statement. “We look forward to working closely with the U.S. Attorney’s Office in Oregon, as well as state and local officials as we review this matter.”

The investigators also released Tuesday new video captured by occupier Shawna Cox on her cellphone that shows Finicum arguing with law enforcement officers from the driver’s seat, telling them repeatedly that he needed to drive to Grant County to meet with the sheriff.

“Just shoot me,” says Finicum in the video. “I’m going to meet the sheriff. The sheriff is waiting for us. So you do as you damn well please.”

Later, Finicum says, “You want my blood on your hands? Get it done, because we’ve got people to see and places to go.”

Occupiers in the first vehicle surrendered to authorities and were arrested, but Finicum sped off down Highway 395 at about 70 mph before veering off into the snow on the side of the road before an FBI roadblock.

Sources: http://www.washingtontimes.com/news/2016/mar/8/robert-finicum-oregon-occupiers-killing-justified/