Fresh furor over FBI sniper
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BONNERS FERRY, Idaho -- Denise Woodbury has stood on the porch where Vicki Weaver was shot in the head. She has sat on the spot where FBI sniper Lon Horiuchi fired the bullet.
Though her successor has decided not to prosecute Horiuchi for manslaughter, the former Boundary County prosecutor has no doubt she would have pressed ahead with the case.
"A citizen of Boundary County was killed at her home, and there's no opportunity to try the killer," Woodbury said Thursday.
County Prosecutor Brett Benson yesterday filed a motion in U.S. District Court in Boise asking a judge to dismiss a second-degree-manslaughter charge against Horiuchi. That would end the last legal battle connected to the 1992 shootings at Ruby Ridge.
Ruby Ridge became a rallying cry for people who argued against government intrusion, including Oklahoma City bomber Timothy McVeigh. The federal government declined to prosecute Horiuchi, so the county had the case in federal court.
Benson's decision angered former U.S. Attorney General Ramsey Clark, who had worked for the county without pay as a special prosecutor to reinstate the charges. Clark, who served under President Lyndon Johnson, said Benson did not consult with him before making the decision.
"It's unfortunate because it appears (Benson) has reacted to pressure to dismiss charges before he had the opportunity to know whether he can prosecute," Clark said on Thursday.
Clark worked with Los Angeles attorney Stephen Yagman on the case and believed it could have advanced to the U.S. Supreme Court.
"It's a very important issue for our safety and our liberty," Clark said. "Obviously, if police and federal investigative agents can commit violent crimes with impunity, where's the rule of law? Who protects the people from their own government?"
Benson has not returned phone calls seeking comments.
Woodbury, who lost to Benson in a primary election last year that hinged in part on her zeal for prosecuting Horiuchi, had pushed the case despite numerous court losses. Last week's decision by the 9th U.S. Circuit Court of Appeals that cleared the way for the prosecution has effectively set a precedent, she said.
Merle Dinning, a former Boundary County commissioner, agreed with Woodbury that federal agents should not be "exempt from the law."
But he added, "Financially, it may be the best thing for the community and the country.
"The comments I've heard, is, `We just want to forget it,' " Dinning said. "But I don't think this community will ever forget what happened at Ruby Ridge."
Robert Huntley, a former Idaho Supreme Court justice who represented Horiuchi, praised Benson's decision.
"The prosecutor has made a very wise decision in my view," Huntley said from his Boise office. "It would be a big waste of taxpayers' money to pursue this case any further."
The 11-day standoff began when federal marshals approached the ridge-top cabin near Naples where Randy Weaver and his family had isolated themselves. The marshals were trying to arrest Weaver on a federal weapons charge.
As the marshals watched, Weaver, his 14-year-old son, Sam, and a family dog came out of the cabin and discovered the agents.
A marshal shot the yellow Labrador, sparking a gunbattle that killed Deputy U.S. Marshal William Degan and Sam Weaver.
On the second day of the standoff, Horiuchi shot and wounded Randy Weaver, who had walked out of the cabin with family friend Kevin Harris.
As Weaver and Harris ran into the cabin for cover, Horiuchi - who later testified in court that he was aiming for Harris - shot through the door.
Vicki Weaver, with her infant daughter in her arms, was standing behind that door. Horiuchi's bullet passed through her head and injured Harris.
Benson said he dismissed the case because of the difficulty of getting a conviction nine years after the incident occurred.
Weaver has not commented on the decision.
Scott McKay, a lawyer who represented Harris, said Benson's decision lets Horiuchi off the hook.
"Lon Horiuchi has never been held accountable for shooting and killing Vicki Weaver," McKay said. "So naturally, I'm disappointed."