Lon Horiuchi
Encyclopedia
Lon Tomohisa Horiuchi is a U.S. FBI
HRT sniper
who was involved in controversial deployments during the 1992 Ruby Ridge
standoff and 1993 Waco Siege
. In 1997, Horiuchi was charged with manslaughter for the death of Vicki Weaver at Ruby Ridge; the case was dismissed.
graduating in 1976. He served as a infantry officer in the U.S. Army. Afterwards he joined the FBI, and by 1999 had been an FBI agent for at least 15 years.
at Ruby Ridge, Horiuchi shot and killed Vicki Weaver, while also wounding her husband Randy Weaver
and Kevin Harris.
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 while she was holding her 10 month old child behind the door through which Harris was entering the home; the round also struck and wounded Harris.
Following the conclusion of the trial of Randy Weaver
and Kevin Harris in 1993, the Department of Justice (DOJ) created a "Ruby Ridge Task Force" to investigate allegations made by Weaver's defense attorney Gerry Spence
. On 10 June 1994, the Task Force delivered its 542-page report to the DOJ Office of Professional Responsibility. The Report stated: "With regard to the two shots fired on August 22, we concluded that the first shot met the standard of "objective reasonableness" the Constitution requires for the legal use of deadly force but that the second shot did not satisfy that standard."
The surviving members of the Weaver family received $3.1M in 1995 to settle their civil suit brought against the U.S. government for wrongful deaths of Sammy and Vicki Weaver. In the out-of-court settlement, the government did not admit any wrong-doing. Harris received $380,000 in 2000.
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
snipers on February 28, 1993, and that it would be "nearly impossible" to match them to Horiuchi's rifle, as it had probably been rebarreled since that time.
For the five months following the Waco inferno, Timothy McVeigh
worked at gun show
s 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". McVeigh considered targetting Horiuchi, or a member of his family, before settling on a bombing attack on a federal building- choosing to target
the Murrah Building
.
Prosecutor Denise Woodbury, with the help of special prosecutor Stephen Yagman
, charged Horiuchi in state court with involuntary manslaughter
over his killing of Vicki Weaver. The U.S. Attorney filed a notice of removal of the case to federal court, which automatically took effect under the statute for removal jurisdiction
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."
The Ninth Circuit granted Boundary County's motion to dismiss the case against Horiuchi on September 14, 2001.
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
HRT sniper
Sniper
A sniper is a marksman who shoots targets from concealed positions or distances exceeding the capabilities of regular personnel. Snipers typically have specialized training and distinct high-precision rifles....
who was involved in controversial deployments during the 1992 Ruby Ridge
Ruby Ridge
Ruby Ridge was the site of a violent confrontation and siege in northern Idaho in 1992. It involved Randy Weaver, his family, Weaver's friend Kevin Harris, and agents of the United States Marshals Service and Federal Bureau of Investigation...
standoff and 1993 Waco Siege
Waco Siege
The Waco siege began on February 28, 1993, and ended violently 50 days later on April 19. The siege began when the United States Bureau of Alcohol, Tobacco and Firearms attempted to execute a search warrant at the Branch Davidian ranch at Mount Carmel, a property located east-northeast of Waco,...
. In 1997, Horiuchi was charged with manslaughter for the death of Vicki Weaver at Ruby Ridge; the case was dismissed.
Early life
Horiuchi, the son of a U.S. Army officer, attended West PointUnited States Military Academy
The United States Military Academy at West Point is a four-year coeducational federal service academy located at West Point, New York. The academy sits on scenic high ground overlooking the Hudson River, north of New York City...
graduating in 1976. He served as a infantry officer in the U.S. Army. Afterwards he joined the FBI, and by 1999 had been an FBI agent for at least 15 years.
Ruby Ridge
In 1992, while working at sniper position Sierra 4 for the FBI Hostage Rescue TeamHostage Rescue Team
The FBI Hostage Rescue Team is the United States Federal Bureau of Investigation's counter-terrorism paramilitary tactical team. The HRT is trained to rescue U.S. citizens and allies who are held by a hostile force, either terrorist or criminal...
at Ruby Ridge, Horiuchi shot and killed Vicki Weaver, while also wounding her husband Randy Weaver
Randy Weaver
Randall Claude "Randy" Weaver is a former Green Beret who was at the center of a deadly confrontation with U.S. federal agents at Ruby Ridge, Idaho, in 1992.-Early life:...
and Kevin Harris.
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 while she was holding her 10 month old child behind the door through which Harris was entering the home; the round also struck and wounded Harris.
Following the conclusion of the trial of Randy Weaver
Randy Weaver
Randall Claude "Randy" Weaver is a former Green Beret who was at the center of a deadly confrontation with U.S. federal agents at Ruby Ridge, Idaho, in 1992.-Early life:...
and Kevin Harris in 1993, the Department of Justice (DOJ) created a "Ruby Ridge Task Force" to investigate allegations made by Weaver's defense attorney Gerry Spence
Gerry Spence
Gerry Spence is a trial lawyer in the United States. In 2008, he announced he would retire, at age 79, at the end of the Geoffrey Fieger trial in Detroit, MI. Spence states that he "has never lost a criminal case either as a prosecutor or a defense attorney...
. On 10 June 1994, the Task Force delivered its 542-page report to the DOJ Office of Professional Responsibility. The Report stated: "With regard to the two shots fired on August 22, we concluded that the first shot met the standard of "objective reasonableness" the Constitution requires for the legal use of deadly force but that the second shot did not satisfy that standard."
The surviving members of the Weaver family received $3.1M in 1995 to settle their civil suit brought against the U.S. government for wrongful deaths of Sammy and Vicki Weaver. In the out-of-court settlement, the government did not admit any wrong-doing. Harris received $380,000 in 2000.
Waco
On 13 September 1993, Charles Riley, a fellow FBI 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 on 19 April 1993. 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 by Branch Davidians.Three of the twelve expended .308 Winchester shell casings that the Texas Rangers
Texas Ranger Division
The Texas Ranger Division, commonly called the Texas Rangers, is a law enforcement agency with statewide jurisdiction in Texas, and is based in Austin, Texas...
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
Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
snipers on February 28, 1993, and that it would be "nearly impossible" to match them to Horiuchi's rifle, as it had probably been rebarreled since that time.
For the five months following the Waco inferno, Timothy McVeigh
Timothy McVeigh
Timothy James McVeigh was a United States Army veteran and security guard who detonated a truck bomb in front of the Alfred P. Murrah Building in Oklahoma City on April 19, 1995...
worked at gun show
Gun show
A gun show is a temporary exhibition or gathering in the United States where firearms, firearm accessories, ammunition, literature, knives, jerky, militaria, and miscellaneous collectibles are displayed, bought, sold, traded, and discussed. Gun shows also often include exhibitions related to...
s 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
Hate mail
Hate mail is a form of harassment, usually consisting of invective and potentially intimidating or threatening comments towards the recipient...
to the sniper, suggesting that "what goes around, comes around". McVeigh considered targetting Horiuchi, or a member of his family, before settling on a bombing attack on a federal building- choosing to target
Oklahoma City bombing
The Oklahoma City bombing was a terrorist bomb attack on the Alfred P. Murrah Federal Building in downtown Oklahoma City on April 19, 1995. It was the most destructive act of terrorism on American soil until the September 11, 2001 attacks. The Oklahoma blast claimed 168 lives, including 19...
the Murrah Building
Alfred P. Murrah Federal Building
The Alfred P. Murrah Federal Building was a United States Federal Government complex located at 200 N.W. 5th Street in downtown Oklahoma City, Oklahoma, United States. The building was the target of the Oklahoma City bombing on April 19, 1995, which killed 168 people, including 19 children...
.
Manslaughter Charge
In 1997, Boundary County, IdahoBoundary County, Idaho
Boundary County is a county located in the U.S. state of Idaho. As of the 2010 Census the county had a population of 10,972. The county seat and largest city is Bonners Ferry....
Prosecutor Denise Woodbury, with the help of special prosecutor Stephen Yagman
Stephen Yagman
Stephen Yagman, is a federal civil rights lawyer.Over his legal career, Stephen Yagman developed a reputation for being a civil rights advocate, a crusader against police brutality, and a "pugnacious civil rights lawyer." In County of Los Angeles v. U.S. Dist. Ct. , 223 F.3d 990 Stephen Yagman,...
, charged Horiuchi in state court with involuntary manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
over his killing of Vicki Weaver. The U.S. Attorney filed a notice of removal of the case to federal court, which automatically took effect under the statute for removal jurisdiction
Removal jurisdiction
In the United States, removal jurisdiction refers to the right of a defendant to move a lawsuit filed in state court to the federal district court for the federal judicial district in which the state court sits. This is a general exception to the usual American rule giving the plaintiff the right...
where the case was dismissed by U.S. District Judge Edward Lodge
Edward Lodge
Edward Lodge is a federal judge on the United States District Court for the District of Idaho in Boise, Idaho. He is the husband of Idaho State Senator Patti Anne Lodge.- Education and Career :...
on May 14, 1998, who cited the supremacy clause
Supremacy Clause
Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S...
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."
The Ninth Circuit granted Boundary County's motion to dismiss the case against Horiuchi on September 14, 2001.