Judge Clears
U.S. in Waco Case
09:43 PM ET 09/20/00
WACO, Texas (AP) _ A federal judge
cleared the government of any wrongdoing in the deaths
of 80 Branch Davidians during the 1993 standoff with
federal agents at the cult's compound. U.S. District
Judge Walter Smith's ruling, issued late Wednesday,
mirrors the conclusions an advisory jury and Special
Counsel John Danforth reached in July. Both have said
Bureau of Alcohol, Tobacco and Firearms agents and
others were not responsible for the deaths on the final
day of a 51-day standoff. In his ruling Wednesday, Smith
said ATF agents acted within the limits of the law and,
under the circumstances of the standoff, could not be
held liable.
``No ATF agent fired any shot nor used
any force against residents of the Compound and the
Davidians that was unprovoked,'' Smith wrote in his
order. ``Gunfire was directed at ATF agents by both male
and female adult Davidians. No ATF agent fired any shot
nor used any force against residents of the Compound and
the Davidians that was indiscriminate.''
The lead attorney for the plaintiffs,
Michael Caddell, was not immediately available to
comment.
Deputy Attorney General Erich Holder
said the Justice Department was pleased with the ruling.
``Like the Special Counsel before it,
the court reaffirmed the fact that David Koresh, and
certain Branch Davidians, were responsible for the
tragedy at Waco,'' Holder said. ``Today's decision
appropriately recognizes that many law enforcement
officers risked their lives to uphold our nation's
laws.'' The five-member advisory jury decided in July
that the government did not use excessive force in its
attempt to serve search and arrest warrants on Branch
Davidian leader David Koresh on Feb. 28, 1993. A gun
battle broke out and four ATF agents and six Davidians
were killed.
Jurors also decided the government's
actions on the final day of the siege, April 19, 1993,
were not negligent and did not contribute to the deaths
of about 80 sect members. The government said suicidal
sect members started fires in the building and were
responsible for their own deaths.
Smith brought in the advisory panel to
give its findings on whether the ATF used excessive
force in the raid by provoking a gunfight and then
firing indiscriminately on the compound. The jury was
also asked to decide whether the FBI acted negligently
by using tanks on the final day of siege in a way that
deviated from an approved plan; contributed to or caused
the fire that brought the standoff to a fiery end; and
acted negligently by deciding against fighting a fire if
one broke out.
Related Links:
Special Council report: http://www.osc-waco.org
TOP
