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An FBI agent is suspected of lying about firing twice at Robert "LaVoy" Finicium and may have gotten help from four other FBI agents in covering up afterward, authorities revealed Tuesday.
The bullets didn't hit Finicum and didn't contribute to his death, but now all five unnamed agents, part of an elite national unit, are under criminal investigation by the U.S. Justice Department. Inspector General Michael Horowitz is leading the independent inquiry.
The remarkable disclosure came as a team of local investigators released findings that two state troopers shot Finicium three times in the back during the chaotic scene at a police roadblock Jan. 26. One bullet pierced his heart, an autopsy showed.
But investigators found that Oregon State Police and the FBI planned for days how to arrest the occupation leaders peacefully.
Investigators said they intend to release police reports, interview transcripts, photographs, the autopsy report and new video to allow the public to evaluate the police findings in Finicum's death. They didn't release the names of the involved troopers and FBI agents.
...
What happened in just seconds after that crash could lead to criminal charges against the FBI agents.
Cox's video showed that one shot hit the truck's left rear passenger window as Finicum stepped out. At the time, Finicum appeared to have his hands at least at shoulder height.
Investigators later established that the bullet entered the truck through the roof before shattering the window and concluded it was fired by an FBI agent. Another bullet from the same FBI agent apparently went wild and missed the truck altogether, the investigation showed.
Finicum then moved toward the back of his truck and out of view of Cox's phone, but she was still able to record what was said outside the truck.
Officers repeatedly ordered Finicum to get on the ground, according to the video. The investigation found that Finicum first faced a state trooper taking cover in nearby trees, then turned toward two troopers advancing from the highway.
Those two state troopers fired when Finicum turned back toward the trooper in the trees while reaching for a loaded 9 mm Ruger semi-automatic pistol inside his jacket, investigators said.
Finicum was struck from behind in the left shoulder, the left upper back and the right lower back, a state autopsy found. He died at the scene.
originally posted by: butcherguy
originally posted by: neo96
Yeah it is surprising.
Since the last 8 years the DOJ main function has been covering up criminal wrong doing.
Makes you wonder if they aren't trying to stir people up.
originally posted by: butcherguy
originally posted by: neo96
Yeah it is surprising.
Since the last 8 years the DOJ main function has been covering up criminal wrong doing.
Makes you wonder if they aren't trying to stir people up.
One of those two troopers moments earlier had fired at Finicum's truck as it barreled toward the police roadblock. That trooper hit the truck with three rounds, investigators concluded.
Payne, the tactical leader of the occupation, surrendered after a state trooper fired a plastic tipped 40mm pepper spray round that struck the truck's canopy.
Investigators later established that the bullet entered the truck through the roof before shattering the window and concluded it was fired by an FBI agent.
Finicum kept moving his hands toward a pocket that contained a loaded handgun. Although he was shot from behind, Finicum had a trooper in front of him armed with a Taser who was thought to be in danger.
A prosecutor ruled the fatal shooting was legally justified, saying state law allows use of deadly force when officers believe a person is about to seriously injure or kill someone.
If an officer intentionally or recklessly violates a suspect's constitutional rights, then the violation may be a provocation creating a situation in which force was necessary and such force would have been legal but for the initial violation.
An elaborate computer analysis, a review of the FBI aerial video of the shooting scene and a video from a passenger in Finicum's pickup produced a result that startled the team poring over evidence into Finicum's fatal shooting that day.
Nelson said "conclusive evidence" about the agents' conduct was presented to U.S. Attorney Bill Williams in Bend on Feb. 18. The next day, the evidence was shown to Greg Bretzing, special agent in charge of the Portland FBI office. On Feb. 20, agents from the Justice Department's inspector general and the FBI's Inspections Division traveled to Bend to review the evidence.
Nelson and Dan Norris, the Malheur County district attorney overseeing the shooting investigation, then traveled to brief top FBI officials in Washington.
Tim Colahan, Harney County district attorney who asked Norris to handle the shooting investigation, said in a prepared statement that "we will continue to work to determine how the HRT operators' actions played into the events. We reserve the right, as Oregonians, to hold wrongdoers accountable for their actions."