http://www.washingtontimes.com...oregon-refuge-stand/

FBI agent indicted in Oregon refuge standoff shooting
Accused of lying about firing at Robert “LaVoy” Finicum in 2016

PORTLAND, Ore.— An FBI agent has been indicted on accusations that he lied about firing at a rancher in 2016 when officers arrested leaders of an armed occupation of a federal wildlife refuge in rural Oregon.

Sources familiar with the case say the agent will face allegations of making a false statement with intent to obstruct justice, The Oregonian/OregonLive reported Tuesday.

The indictment stems from more than a yearlong investigation by the U.S. Justice Department inspector general. The agent will be identified when summoned to appear Wednesday in U.S. District Court in Portland.

Authorities moved in on Ammon Bundy and other leaders as they were driving in two vehicles from the Malheur National Wildlife Refuge to a meeting on Jan. 26, 2016.

The Deschutes County sheriff said that as Robert “LaVoy” Finicum left his truck, an FBI agent shot twice at Finicum, though none of the hostage team members said they discharged their firearms. The county sheriff’s office was tasked with investigating the Finicum shooting.

The FBI agent’s bullets didn’t hit Finicum, 54, an Arizona rancher who was the spokesman for the takeover near Burns in Harney County.

State police troopers then shot Finicum three times after he emerged from his truck and reached for his inner jacket pocket, where police said he had a loaded 9mm handgun.

One bullet pierced his heart, an autopsy found.

The Oregon investigators determined that one agent fired at Finicum’s pickup, hitting it in the roof and missing on the second shot. Federal law forbids “knowingly and willfully” making any false, fictitious or fraudulent statement or representation or concealing information.

Assistant U.S. Attorney Charles Gorder Jr. revealed in court papers last year that a grand jury was reviewing the FBI actions.

Less than two months after the shooting, the FBI acknowledged that a federal agent was under investigation for firing shots, and four other members of his FBI team were under investigation for covering up the gunshots. The status of the investigation into the other FBI team members is unclear.

It’s not clear if the indicted agent is on leave or has been dismissed from the job. The hostage team is part of the FBI’s Critical Incident Response Group, based out of Quantico, Virginia.

U.S. Attorney Billy J. Williams in Oregon has scheduled a news conference Wednesday afternoon at the federal courthouse. His spokesman, Kevin Sonoff, declined comment. Portland’s FBI spokeswoman Jennifer Adams said she was unaware of the matter.

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It’s not clear if the indicted agent is on leave or has been dismissed from the job.

Why? That information should be readily available.

quote:

Originally posted by FiveFiveSixFan:

quote:

It’s not clear if the indicted agent is on leave or has been dismissed from the job.

Why? That information should be readily available.

They haven't even identified the agent yet. Per the article: "The agent will be identified when summoned to appear Wednesday in U.S. District Court in Portland."

Once his identity is released, the Bureau should then be able to confirm his current status as well.

video of the shooting

pretty fuzzy

https://www.youtube.com/watch?v=YiuIN2DO6vo

I would say though his chances would have been much improved if he had kept his hands up

the other video is pretty intense

https://www.youtube.com/watch?v=aVRogOLwjiY

You only have integrity once. From http://www.oregonlive.com/oreg..._disappear_from.html :

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Five FBI agents assigned to the traffic stop told investigators that none of them fired at Finicum's Dodge pickup after it crashed at their roadblock. Oregon investigators, however, concluded that one agent fired twice at the truck, hitting it once in the roof and missing on the second shot.

A state trooper later described to investigators seeing two rifle casings in the area where the agents were posted. Detectives tasked with collecting evidence didn't find the casings, police reports indicate.

FBI aerial surveillance video shows that before the detectives could get there, the FBI agents searched the area with flashlights and then huddled, according to law enforcement sources who have seen the video. The group then broke and one agent appeared to bend over twice and pick up something near where the two shots likely were taken

The FBI has a reputation of being absolutely merciless internally with this sort of thing.

It's kinda confusing as written but this seems like the old phrase 'the cover-up is worse than the crime' applies here.

Sad they didn't just tell the truth in the first place.

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quote:

Originally posted by Sig209:
It's kinda confusing as written but this seems like the old phrase 'the cover-up is worse than the crime' applies here.

Sad they didn't just tell the truth in the first place.

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3 cops in Chicago are being charged for basically the same thing - falsifying reports:

3 Chicago cops charged with conspiracy, obstruction in Laquan McDonald shooting

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Originally posted by RogueJSK:

quote:

Originally posted by FiveFiveSixFan:

quote:

It’s not clear if the indicted agent is on leave or has been dismissed from the job.

Why? That information should be readily available.

They haven't even identified the agent yet. Per the article: "The agent will be identified when summoned to appear Wednesday in U.S. District Court in Portland."

Once his identity is released, the Bureau should then be able to confirm his current status as well.

I'm questioning why the agent has not yet been identified given that an indictment has already been handed down.

Potentially because the indictment is still sealed.

It seemed like the officers fired at a fleeing vehicle. Fired two rounds at the man immediately after he exited. Then fired an additional three rounds after they stated he drew (or was drawing) his gun. And then continued to fire intermittently at the vehicle for reasons that are not clear from the video.

Do I have that about right?

quote:

Originally posted by Fenris:
It seemed like the officers fired at a fleeing vehicle. Fired two rounds at the man immediately after he exited. Then fired an additional three rounds after they stated he drew (or was drawing) his gun. And then continued to fire intermittently at the vehicle for reasons that are not clear from the video.

Do I have that about right?

Did you see the video from inside the car?? IIRC one of the occupants - a female I think - had it all recorded.

ETA- here it is: https://www.youtube.com/watch?v=eEswP_HSFV4

Ugly situation all the way around.

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The FBI Agent has been identified as W. Joseph Astarita.

quote:

Originally posted by Fenris:
It seemed like the officers fired at a fleeing vehicle. Fired two rounds at the man immediately after he exited. Then fired an additional three rounds after they stated he drew (or was drawing) his gun. And then continued to fire intermittently at the vehicle for reasons that are not clear from the video.

Do I have that about right?

Eight bullets were fired that day.

Three bullets were fired by an OSP Trooper at Lavoy as he drove the truck towards and through the roadblock at a high rate of speed and nearly struck an FBI Agent with the vehicle. All three rounds struck the truck. Those were ruled justified.

The truck then crashed off to the side and just past the roadblock.

Two bullets were then fired towards Lavoy by an FBI Agent as he was exiting the vehicle once it had come to a stop. One struck the truck, and the other missed. Those are the two rounds at issue in this case, which the FBI Agent apparently attempted to cover up.

Lavoy then walked a short distance away from the truck. One OSP Trooper attempted to subdue him with a Taser but was unable to get close enough, while several Troopers and FBI Agents gave repeated commands to surrender. Lavoy initially complied and put his hands in the air, but then began repeatedly yelling "You're going to have to shoot me!", lowered his hands, and attempted to draw his handgun. At that time, a total of three bullets were fired by two OSP Troopers, hitting and killing Lavoy. Those rounds were also ruled justified.

All the projectiles fired or thrown at the three other people barricaded in the vehicle after Lavoy exited were less-lethal rounds, including flashbangs to distract/disorient the occupants, baton/beanbag rounds to break windows, and OC (pepper spray) capsules to force them to exit the truck. This went on for several minutes, until they eventually complied, exited, and surrendered.

To me, the most important thing is that Finicum forced the shooting.

Even at the end if he had kept his hands up, I don't think he would have been shot.

quote:

Originally posted by sdy:
To me, the most important thing is that Finicum forced the shooting.
.

Agree.

The fact he would take others into harm's way like that is pitiful also.

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He was an idiot and I have no problem with the two rounds myself. Just don't understand why the officer would lie. Not a brain trust move.

You lie during an investigation, or assist in lying during an investigation?

No more LE for you!

Not that it excuses it, but what often times causes it are excessively tight and unrealistic use of force rules and draconian punishments for relatively minor violations.

During the post shoot investigation, when it came to light that I had fired the two shots, I would have proudly proclaimed:
"That's my work, sir"! Then expressed remorse for missing.
But the FBI is a different beast.
And lying during an official investigation is grounds for immediate firing and possible criminal charges.
Interrogations conducted during such an investigation fall under the Garrity rule. Which essentially compels you to answer.
And it would be nice to read something good about the FBI, for a change.

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Originally posted by YooperSigs:
And it would be nice to read something good about the FBI, for a change.

A fish rots from the head down. I think it's going to be a very long process to begin to restore any credibility to the FBI.

Stupid should hurt.