By Gary Hunt ——Bio and Archives--March 14, 2016
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Under Oregon law, Mr. Finicum was using his truck as a dangerous weapon. A dangerous weapon is defined as "any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury."An Oregon officer is justified in using deadly physical force when it is "necessary to defend the peace officer or another person from the use or threatened imminent use of deadly physical force." Any person is justified in using deadly physical force when they reasonably believe that another person is "using or about to use unlawful deadly physical force against a person." "Deadly physical force" means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury. When Mr. Finicum drove his truck at a high rate of speed toward a roadblock where law enforcement were present, the Oregon State Police trooper was reasonable in believing that Mr. Finicum planned to crash through or otherwise evade the roadblock in a manner that would injure or kill law enforcement at the roadblock. In this case, after interviewing the Oregon State Police trooper, that is, in fact, what he believed. Under these circumstances, these three shots into Mr. Finicum's truck are justified.So, the speaker has given his take on the perspective of the officer that was fearful that LaVoy was going "to crash through the roadblock or otherwise evade the roadblock". Obviously, evading the roadblock would put no sane person at risk, and when you consider the design of the roadblock, nobody, except perhaps the people in LaVoy's truck faced any risk of injury. The roadblock was comprised of three vehicles. The center vehicle was in the center of the road. The other two vehicles were diagonal, facing toward the center of the road. To hit the center vehicle, LaVoy would have to impact one or both of the other vehicles, which would dissipate the energy of his momentum, directing it outward, as it pushed a diagonal vehicle away from the center. If he even got past the diagonal vehicle, there would be no energy left to cause more than minimal damage to the center vehicle, hence the specific design of the roadblock/barricade. But, trying to stop that vehicle with a few bullets, well, that reminds me of the mouse looking at the elephant, with rape on his mind. But, what of LaVoy and those in the truck? They were fired on at the first stop, resulting in Ryan Payne exiting the truck and getting arrested. And, they were simply wanting to go to another law enforcement officer, the Sheriff on Grant County, to provide for their already threatened safety. It seems that they found themselves in the situation described by the statement, above, which says that, "Any person is justified in using deadly physical force when they reasonably believe that another person is using or about to use unlawful deadly physical force against a person." So, under the laws cited, they were justified in using deadly force, as deadly force had already been used against them, though they had made no threat, nor done any act, that would suggest that they sought that legal remedy of self-defense. As they traveled towards John Day, they were, again, fired upon by an OSP officer that had some absurd fear that his shooting the driver of a speeding truck was less dangerous than the speeding truck, itself -- ignoring the officer safety aspect of the roadblock. In fact, the only act of LaVoy that might be considered one in which there was a risk to the life of any officer or other person is when he swerved to avoid hitting an officer who had left the safety of the barricade and jumped into the path of the 4 tons worth of metal. SAC (Special Agent in Charge) Bretzing tells us, that the FBI HRT agent that jumped in front of LaVoy's truck had to react in a split second. This, he suggests, explains why he "jumped" into the path of LaVoy's truck. However, the configuration of the blockade, as explained above, provided safety zones in the triangles created by the center vehicle and the angled vehicles. However, with the exception of the visual of the original aerial footage, this is the first recognition of the third government vehicle. So, their concern for preservation of the crime scene seems to have gone out the window, since the sketches made based upon the designated crime scene investigator make no reference, in either of the diagrams mentioned above, of this third vehicle -- that being the closest to the shooting, itself. Is this because that vehicle may have some indication that would, well, dispute the story that has just been presented? With regard to the shooting, there is one more necessary observation. Admittedly, there were six shots fired by OSP, three striking the vehicle as it approached the roadblock, and three that struck and killed LaVoy Finicum. There is an admission that at least a few other shots were fired by FBI agents, though the investigation into the lies and cover-up is still "under investigation", so no information is available. Now, we have just a few shots, nothing that would cause serious concern on the part of LaVoy, are so it would seem. That is the part of the process of this sort of press conference. It sets the pace, it provides no time to think, and it omits that which might just raise a question about what really happened -- what might have occurred that had a lot to do with the state of mind of LaVoy Finicum, and the others in the truck with him. The evidence sketch, motioned above, is in another report. It mentions 20 items identified by numerals and 6 items, five of which are identified as objects relating to LaVoy, these being identified by letters. Item "E" is a "mushroomed rifle bullet", and I doubt that it belonged to LaVoy, but it is conspicuously lost in the listings, and was not mentioned in the press conference. We also have the twenty items that were identified and recovered, being: 3 40 mm rubber bullets; 1 grenade; 2 grenade pins; and, 13 40 mm casings. From those first shots fired as LaVoy left the vehicle, and for the next 3 or 4 minutes, non-lethal 40 mm bullets, tear gas, and other objects are barraging the truck and those inside. It is almost as if the OSP and the FBI were trying to create such fear in those remaining in the truck to cause them to fight for their lives, providing justification to kill all who remained. As those inside, yelled, "Stop", a number of times, it did not cease until those outside realized that they were not going to be able to force a confrontation, and could not be justified in simply shooting lethal bullets through the truck doors, killing those who remained. Some additional thoughts:
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Gary Hunt was a Professional Land Surveyor. Having been the County Surveyor for Orange County, Florida from 1974 to 1978, he began private practice in 1978 and continued as such until 1993, when events in Waco, Texas caused him to leave his business in pursuit of restoring the Constitution.
In 1989, he began researching, investigating and studying history, law and events where the government was “pointing its guns in the wrong direction”. He began publishing a patriot newspaper, “Outpost of Freedom”, in February 1993.
Since that time, he has investigated numerous occurrences, including, Waco, the Murder of Michael Hill, Ohio Militia Chaplain, Oklahoma City Bombing, and other events. He has attended the sites to investigate the events, and has reported on his investigations.
He has continued to report on his findings on the Internet, as well as write articles about other current events; about the history of the Revolutionary era; and the founding documents.
His Internet home page is outpost-of-freedom.com