Lon Horiuchi

Infobox Person
name = Lon Tomohisa Horiuchi
caption = Lon Horiuchi
birth_date = birth date and age|1954|06|09
birth_place = Hawaii, United States
death_date =
death_place =
other_names =
known_for =
occupation = FBI sniper

Lon Tomohisa Horiuchi (born 9 June1954), is a 1976 West Point graduate and U.S. F.B.I. 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.

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."Idaho v. Horiuchi", [http://caselaw.lp.findlaw.com/data2/circs/9th/9830149p.pdf 253 F.3d 359] (9th Cir. 2001) (Kozinski, J.).]

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;cite news | url = http://select.nytimes.com/gst/abstract.html?res=F7081EF83B5B0C758CDDAF0894D9404482&n=Top%2fReference%2fTimes%20Topics%2fOrganizations%2fF%2fFederal%20Bureau%20of%20Investigation%20 | title = F.B.I. Agent Can Be Charged In Idaho Siege, Court Rules | first = Evelyn | last = Nieves| work = "The New York Times" | date= 2001-06-06 | accessdate = 2007-06-26] the round also struck and wounded Harris.cite news | title = The nightmare of Idaho's Ruby Ridge | first = Gordon | last = Witkin | work = "US News & World Report" | date= 1995-09-11 | accessdate = 2007-06-26]

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, [cite news | url = http://query.nytimes.com/gst/fullpage.html?res=9403E0DF1339F930A25752C0A96E958260&n=Top%2fReference%2fTimes%20Topics%2fOrganizations%2fF%2fFederal%20Bureau%20of%20Investigation%20 | title = F.B.I. Agent to Be Tried In Federal Court | work = "The New York Times" | date= 1998-01-13 | accessdate = 2007-06-26] 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.

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. 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." [http://query.nytimes.com/gst/fullpage.html?res=980CE2DA1731F936A25755C0A9679C8B63 F.B.I. Agent To Be Spared Prosecution In Shooting] , Sam Howe Verhovek, New York Times, 15 June, 2001, accessed 23 December, 2007]

The ninth Circuit granted Boundary County's motion to dismiss the case against Horiuchi on September 14, 2001.cite court|litigants=Idaho v. Horiuchi|vol=266|reporter=F.3d|opinion=979|court=9th Cir.|date=2001]

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.

Waco

On September 13, 1993, Charles Riley, a fellow F.B.I. sniper deployed during the Waco Siege claimed that he had heard Horiuchi shooting from "Sierra 1", an F.B.I.-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. [http://www.waco93.com/fortworth.htm]

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. [http://web.archive.org/web/20010407142129/http://www.usnews.com/usnews/issue/991108/horiuchi.htm]

For the five months following the Waco inferno, Timothy McVeigh worked at gun shows and handed out free cards printed up with Horiuchi's name and address, "in the hope that somebody in the Patriot movement would assassinate the sharpshooter". He wrote hate mail to the sniper, suggesting that "what goes around, comes around", and debated putting aside his plan to target the Murrah Building to instead simply target Horiuchi, or a member of his family.Michel, Lou. "American Terrorist", 2001.]

References