WhatFinger

Burns Chronicles XIII

Ambush - Part 2: "We Feared for Somebody's Life"



Just over 246 years ago, on March 5, 1770, eight British Soldiers shot and killed four colonists. They and their Captain stood trial, even though they were the property of the King. All stood trial, even though only two were found guilty of manslaughter. The people, in a jury trial, determined who was innocent, and who was not. That is the judicial system we were supposed to have inherited from our British ancestors. The Revolutionary War may have started even earlier, had not these simple rules of justice been applied -- had the King decided that his forces would be judged by the King, or his appointee, rather than by the people. An overview of the events that led to the murder of LaVoy Finicum was presented in a previous article, "Ambush". However, as a result of a press conference given in Bend, Oregon, on March 8, 2016, we have more detail to fill in some gaps in that previous article. It is worthy of note that the detail is provided by Shawna Cox, one of the victims (Shawna Cox's video synchronized with aerial footage, complete). This article will address primarily the information given out at that press conference.
As we continue, you will note the extent of preparation for the event that was planned, probably as much as a week before the date of execution. The Press Conference begins, after showing synchronized footage from Shawna Cox's camera and the previously shown aerial footage. The only words spoken in the first 3 minutes are those of LaVoy Finicum, Shawna Cox, Victoria Sharp, and Ryan Bundy. LaVoy says, at least 7 times, five of them loudly and directed at the then unidentified armed, battle-geared, agents who have taken Mark McConnell, Brian Cavalier, Ammon Bundy, and Ryan Payne, captive. He says that he is going to go to John Day to meet the Sheriff. As explained in "Ambush", Mark McConnell was told that these thugs were FBI-HRT (Hostage Rescue Team - who have yet to rescue any hostage, though have killed a number of people who were neither hostages or hostage takers), while in response to LaVoy's query, they are Oregon State Police (OSP). So, who is in charge? Surely, the excuse of plausible deniability is already built in to the structure, though whether FBI had any legal jurisdiction in the matter has yet to be answered. However, the speaker states that, "The truck was stopped to arrest Finicum, Payne, Bundy, and Cox, on federal felony charges, based on criminal acts, arising from the "armed occupation" of the Malheur County [sic] National Wildlife Refuge." He points out that they are appropriately attired, though we have to question whether battle gear, armor, Kevlar helmets, automatic short barrel rifles, flash bangs grenades, non-lethal projectiles, and classic ambush roadblocks are now the appropriate law enforcement "attire", and still, why the FBI had to back up the OSP?

However, the speaker then suggests, "the occupants of the truck had an agreement to elude the police in a vehicle." He then points out that this would be a Class III Felony. However, how can you possibly be eluding the police when you invite the police to go with you to another law enforcement officer, the Sheriff of Grant County? While it appears to be implied that the desire to "elude" was the only thing on the mind of the occupants of the truck, the government has skillfully omitted that fact that a shot had been fired, shortly before, resulting in the arrest of Ryan Payne. So, let us ask ourselves, if someone had already shot at us, they have demonstrated both a desire and willingness to take our lives. Are we wrong, then, in wanting to get to another law enforcement officer, to provide for our own safety? If not, then what, of "Life, Liberty, and Property" is still retained by the people? So, after about four minutes expended in an effort to secure passage to whom they considered a reliable law enforcement officer, and failing to obtain a willingness that should, under the described circumstances, been willingly acquiesced to, the occupants agreed that it was worth risk to life to, not elude, rather, to seek the protection of, law enforcement. Now, at this point in time, only one identifiable shot had been fired at the occupants, though those of us who have been under fire recognize that the immediate world changes, drastically, once shots are fired with an obvious intent to kill those who are being shot at. A normal response is to take cover and return fire. The only means of assuring that he doesn't take your life is to take his, before he takes yours. However, as law-abiding citizens, that decision was made not to return fire, rather, to seek the protection of law enforcement. So, the possible targets of a plot to murder (don't laugh, just yet.), proceed at high speed for about another mile. Forensic and the video indicate a speed of about 70 mph. He explains that the OSP SWAT van had no trouble stopping before it reached the barricaded roadway, suggesting that LaVoy could have done the same. However, the OSP SWAT van probably had driven the road, either the night before when the ambush was set up by clearing tree branches, or at least early in the day of the ambush. But, we gotta make it look like LaVoy was a bad guy and had every intention of busting through, like Clyde Barrow. But, they do admit that an OSP officer had taken three shots at LaVoy's truck as it approached the barricade, "in an attempt to stop it." So, when was the last time that three bullets, probably from an AR-15, were able to stop an 8,500 lb, vehicle travelling at 50 mph? So, anyway, the truck barreling down on the barricade, and probably seeing the spike strips in the road, caused LaVoy to swerve into the packed snow on the left side of the road. He then swerved, just a bit more, to avoid hitting an idiot FBI-HRT officer who had jumped into the path of LaVoy's truck, and would have been severely injured, if not killed, absent the quick reflexes of LaVoy. Had he not swerved, to save the life mentioned above, he may have had the momentum to pass the barricade, return to the paved roadway, and continue on to the safety he anticipated would be found in John Day, Grant County, just fifty more miles up the road. Instead, he got high-centered in the snow, leaving the drive wheel still spinning. More on this, shortly, but we will have to make a truck disappear to hold up the government line. So, now, there have been four shots fired, striking the truck. Like David Koresh, in February 1993, standing in the open doorway, saying that there were women and children inside, then being fired upon, dozens of bullets hitting the door, and one striking David in the side, how to you relinquish the expectation of survival and submit to arrest, hoping that they will not simply kill you? Before we move on to the final actions that resulted in the murder of LaVoy Finicum, we need to address some major spin, attempting to shift responsibility on to the victim, and redeem the alleged righteousness of the murderers. And, here is where the real magic begins. From the aerial imagery that we have seen so many times, we know that the barricade was a classic safe for the shooters and lethal for the victim arrangement. Had the intended target stopped at the spike-strips, or even rammed the blockading vehicles, he would have been left in a free-fire zone, where there was no crossfire between assailants, and only the victims were within the kill zone. Yet, we are led to believe that this was simply a traffic stop, or a felony arrest stop, though arrests were not completed, according to the warrant, until the following day, January 27, and the arrests made by the FBI, not the OSP. If we look at the exhibits that show the scene at the shooting location, first, we have one diagram that shows the location of the shooter and LaVoy's truck when three shots are fired by an OSP officer located behind the vehicle in the right lane, as LaVoy approaches the barricade. The first shot strikes the left side of the truck, the next hits the front-center and goes into the engine compartment, and the third hits the right front (hood), as described at the conference. There is a fourth shot, a magic bullet, so to speak, that hit the roof of the truck, fired in a downward trajectory. Without further explanation, we are left to speculate, and in so doing, I can come up with nothing less than a sniper attempting from an elevated position, to the right and rear of the truck, to kill the driver of the vehicle by penetrating the roof, as the angle and location of the bullet damage to the vehicle can leave no other conclusion. Note, also, that this diagram shows three vehicles. One in the center of the road, one in the right lane, and at an angle, and LaVoy's truck in its final resting location. The significance of this will be addressed, shortly. Next, we have an exhibit from a larger package, documentation, comprised of 360 pages, though all we are interested in is a sketch (page 123) of the shooting location and evidence secured at the scene. Note that, here, too, only three vehicles are shown -- the same three, including LaVoy's truck. We will discuss the evidence found, shortly. Then, horror of horrors, we are told that, "as you will see, Mr. Finicum almost struck an FBI HRT operator." Now, this begins to get interesting, so pay close attention. We are told that:
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:
  • During the conference, we were told that the people inside of the Refuge were conducting "an armed occupation", though we find that no such charge exists.
  • We were told that they had advised that they were law enforcement and that everyone was under arrest (first stop), though there is no indication that the cause for arrest was ever articulated.
  • During the entire period of the occupation, those inside were never advised of what "crime" they had committed, only that what they had done was "illegal", and that came from Sheriff Ward.
So, the Oregon State Police have gracefully transferred any responsibility for the death of LaVoy Finicum to, well, who else but LaVoy Finicum. Though they saw him reach to his left side with his hands, on three occasions, they restrained themselves and did not fire. During that time, LaVoy had been fully visible to them. However, when his back was to the shooters, and clearly visible to the officer with the tazer, who could easily have yelled "gun", had LaVoy drawn one, the shooters, all of a sudden, through some mystical abilities, realized that what they couldn't see now justified three rapid-fire shots, into the BACK of the victim. Should there be any remaining doubt as to responsibility, they have a pending investigation going regarding the perhaps illegal, and definite lying during the investigation, by between 2 and 5 FBI agents, which will take time, and, eventually, just get lost along with so many other misdeeds by the FBI (Ruby Ridge, Waco, etc.). Perhaps the most ludicrous statement of the entire conference came from SAC Bretzing, when he said: "Hundreds and hundreds of FBI employees have traveled to Burns with the sole purpose of bringing this situation to a peaceful solution. Working together with our partners, we have been able to do just that." Have you ever wondered what the colonists might have done, had the soldiers not stood trial in front of a jury of the people, back in Boston?

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Gary Hunt——

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


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