The Forgotten History of the ATF Shootout That Started a Militia Movement
August 22, 2019
The
Siege at Ruby Ridge is often considered a pivotal date in American
history. The shootout between Randy Weaver and
his family and federal agents on August 21, 1992, is one that kicked off
the Constitutional Militia
Movement and
left America with a deep distrust of its leadership – in
particular then-President George H.W. Bush and eventual President Bill Clinton and Attorney General Janet Reno.
The short version is this: Randy Weaver and his wife Vicki moved with their
four kids to the Idaho Panhandle, near the Canadian border, to escape what they
thought was an increasingly corrupt world. The Weavers held racial separatist
beliefs, but were not involved in any violent activity or rhetoric. They were
peaceful Christians who simply wanted to be left alone.
Specifically for his beliefs, Randy Weaver was targeted by the Bureau of Alcohol, Tobacco and Firearms (ATF) in an entrapping “sting” operation designed to gain his cooperation as a snitch. When he refused to become a federal informant, he was charged with illegally selling firearms. Due to a miscommunication about his court date, the Marshal Service was brought in, who laid siege to his house and shot and killed his wife and 14-year-old son.
Randy Weaver was, in many ways, a typical American story. He grew up in an Iowa farming community. He got decent grades in high school and played football. His family attended church regularly. He dropped out of community college and joined the United States Army in 1970. After three years of service, he was honorably discharged. The Untold History of ... Oliver Stone, Peter Ku... Best Price: $16.46 Buy New $10.00 (as of 08:20 EDT - Details)
One month later he married Victoria Jordison. He then enrolled in the University of Northern Iowa, studying criminal justice with an eye toward becoming an FBI Agent. However, he dropped out because the tuition was too expensive. He ended up working in a John Deere plant while his wife worked as a secretary before becoming a homemaker.
Both of the Weavers increasingly became apocalyptic in their view of the world. This, combined with an increasing emphasis on Old Testament-based Christianity, led them to seek a life away from mainstream America, a life of self-reliance. Vicki, in particular, had strong visions of her family surviving the apocalypse through life far away from what they viewed as a corrupt world. To that end, Randy purchased a 20-acre farm in Ruby Ridge, ID, and built a cabin there.
The land was purchased for $5,000 in cash and the trade of the truck they used to move there. Vicki homeschooled the children.
The Weavers Move to Ruby Ridge
After moving to Ruby Ridge, Weaver became acquainted with members of the Aryan Nations in nearby Hayden Lake. He even attended some rallies. The FBI believed his involvement in the church was much deeper than it actually was – they thought he was a regular congregant of the Aryan Nations and had attended the Aryan Nations World Congress.
Both Randy and Vicki were interviewed by the FBI in 1985, with Randy denying membership in the group, citing profound theological differences. Indeed, the Weavers (who had some points of agreement with the Aryan Nations, primarily about the importance of the Old Testament) mostly saw their affiliation with the Aryan Nations as a social outlet. Living off-grid, the nearby members of the Aryan Nations were neighbors in remote northern Idaho.
Later, in 1986, Randy was approached at a rally by undercover ATF informant Kenneth Faderley, who used a biker alter ego of Gus Magisono and was currently monitoring and investigating Weaver’s friend Frank Kumnick. Faderley introduced himself as an illegal firearms dealer from New Jersey. Randy later encountered Faderley at the World Congress of 1987. He skipped the next year’s Congress to run for county sheriff, an election that he lost.
The ATF claims that in 1989, Faderley purchased two illegally shortened shotguns from Randy Weaver. However, Weaver disputes this, saying that the shotguns he sold Faderley were entirely legal and were shortened after the fact. The notes from the case show that Faderley purchased the guns and showed Weaver where to shorten them, which would constitute illegal entrapment. What’s more, the government preyed on the destitute nature of the Weavers, who lived in a small cabin in the woods with no electricity or running water.
The real purpose of the investigation was not to grab Weaver, but to use him to infiltrate a group in Montana being organized by Charles Howarth. In November 1989, Weaver refused to introduce Faderley to Howarth, and Faderley was ordered by his handlers to have no further contact with Weaver.
Randy Weaver Refuses to Turn Snitch
In June 1990, Faderley’s cover was blown. It was then that the ATF reached out to Weaver, stating that they had evidence he was dealing illegal firearms. They told him they would drop all charges if he would agree to become their new informant regarding the investigation of the Aryan Nations groups in the area. Weaver refused.
To coerce him into changing his mind, the Feds staged a stunt where a broken down couple were at the side of the road. Weaver stopped to help them and was handcuffed, thrown face down in the snow and arrested. He had to post his home as bond. Still he refused to become a federal informant.
The irony of the federal government’s desire to obtain informants within the Aryan Nations is that different branches of federal law enforcement and intelligence gathering occupied five of the six key positions in the organization. This means that the Aryan Nations were effectively a government-run shop, with agents spying on each other to ensure the integrity of an investigation – into an organization almost entirely run by the federal government.
The government had an obsession with the Aryan Nations due to Robert Jay Matthews, who was a member of The Order, a terrorist organization including members of the Aryan Nations. The FBI’s Hostage Rescue Team burned Matthews alive inside his own home.
Due to his ongoing refusal to snitch, Weaver was then arrested in January 1991, on illegal firearms sales charges. These charges stemmed from Weaver’s earlier “sale” of two shortened shotguns to Faderley, the undercover ATF agent – a sale which the feds later admitted constituted illegal entrapment.
Weaver’s court date was set for February 19, 1991, then changed to the next day. Weaver, however, received notice that his court date was not until March 20. He missed his February court appearance and a bench warrant was issued for his arrest. The United States Marshals Service wanted to allow Weaver the chance to appear for what he thought was his court date, however, the United States Attorney’s Office sought a grand jury indictment on March 14th – six days before his notice said he was due in court.
Already
skeptical of the Feds after their repeated strongarm tactics, both Randy and
Vicki saw this as further evidence that Weaver would not receive a fair trial.
They increasingly isolated themselves on their Ruby Ridge farm, vowing to fight
rather than surrender peacefully.
During the standoff, a voluntary surrender date was negotiated with the
Marshals Service for October 1991, but the United States Attorney’s Office
refused the settlement. The Deputy Director of the Special
Operations Group of the Marshals Service, using evidence obtained through surveillance, believed
that the best course of action was to drop the indictment, issue a new one
under seal, and use undercover agents to arrest Weaver, who presumably would
have dropped his guard. This recommendation was again rejected.
Shooting the Weavers’ Dog: The Siege of Ruby Ridge Begins
On August 21, 1992, six heavily armed, camouflaged U.S. Marshals went to the
Weaver property with the purpose of reconnaissance. The Weavers’ dogs gave away
the position of the Marshals, alerting their 14-year-old son Sammy and a
24-year-old friend of the family named Kevin Harris, who investigated what the
dogs were barking at while armed.
Unsurprisingly, there are several accounts of how the shooting began.
The Weavers claim that the camouflaged Marshals fired first and refused to
identify themselves. The Marshals claim that when they rose to identify
themselves, they were fired on by Sammy Weaver and Kevin Harris. In yet another
version of events, Marshals shot the Weavers’ dog Striker as he exposed their
position and were fired upon by Sammy in retaliation.
Once the shooting began, Randy Weaver’s son, Sammy, was shot in the back by
Marshals immediately after yelling, “I’m coming, dad!” as he ran back to the
house. That is to say, he was fleeing the scene, not regrouping for another
attack.
After this initial exchange, the FBI’s Hostage Rescue Team – sometimes
disparagingly called the “Hostage Roasting Team,” due to their proclivity to burn down buildings – was called in to assess the
situation.
Sniper and observer teams were deployed by the Hostage Rescue Team. A sniper aimed
for an instant kill shot on Randy, but Randy moved at the last minute and the
shot entered his shoulder, exiting through his armpit. He then fled back to the
house from the shed where he had been viewing the body of his dead son.
A second shot missed Kevin Harris and hit Vicki in the head, who was holding
their 10-month-old daughter at the time in her arms, a powerful image often invoked in the
telling of the story.
This same second shot hit Harris after exiting Vicki. An internal investigation
found that the second shot was out of policy and that the failure to request
surrender was “inexcusable.”
FBI
Sniper Lon Horiuchi fired through a door without seeing who was on the other
side of it – at people who were fleeing and posed no threat. He was later
charged with manslaughter in these deaths, but the charges were dropped. Horiuchi was
also involved in the Waco siege,
and Timothy McVeigh printed up cards for gun shows
encouraging people to target him. Indeed, McVeigh considered targeting Horiuchi
and his family rather than the federal building. In 1995, he pleaded the Fifth
when questioned about the matter by the United States Senate. His whereabouts
are currently unknown.
The rules of engagement were changed on the fly to effectively encourage
shooting anyone on sight. This included the remaining Weaver children, who were
known to carry weapons 81 percent of the time. Once the siege began, none of
the Weavers fired a shot.
The standoff lasted ten days, and involved between 350 and 400 agents who
cruelly named their camp, “Camp Vicki.” They would routinely call out “Vicki,
we have blueberry pancakes,” but claimed to not know that she was dead.
Supporters of the Weavers and opponents of the ATF and FBI formed a vigil.
Weaver’s commanding officer from Vietnam, James “Bo” Gritz (who was currently running for President on the Populist Party ticket) acted as a mediator
between the family and government agents. Radio broadcaster Paul Harvey intervened,
offering to pay for a robust defense for Weaver if he surrendered. This was
what led Weaver to abandon the standoff and surrender himself to federal
authorities.
The Aftermath of the Federal Siege at Ruby Ridge
Weaver was charged with ten counts, including the original charges, of illegal
firearms sales. His attorney, Gerry Spence,
successfully defended Weaver against a host of charges, including murder, by
using a self-defense argument. Weaver was ultimately only convicted of the
charge of failure to appear, for which he was sentenced to 18 months in prison and a
fine of $10,000.
He was credited with time served plus three months. Kevin Harris was acquitted
of all charges. These were the longest deliberations in Idaho criminal history.
Weaver sued the federal government, which avoided a civil trial by awarding
damages of $1,000,000 each to the three surviving Weaver children and $100,000
to Randy. Harris eventually received a settlement of $380,000 after several
years of appeals against a government who claimed they would never issue any
payment to someone who had killed a federal marshal.
It is worth noting that the federal government took active steps to cover their
tracks after the Siege of Ruby Ridge. The chief of the bureau’s Violent Crimes
and Major Offenders Section pled guilty to attempting to destroy all copies of
the FBI’s internal report on the siege. Federal Judge Edward Lodge penned a
lengthy list of misdeeds, including fabrication of evidence and refusing to
comply with court orders.
Deval Patrick, then-Assistant Attorney General for Civil Rights and later
Governor of Massachusetts, later found that federal agents had not used
excessive force.
One of the biggest changes after the Siege of Ruby Ridge was a change in the
rules of engagement. In October 1995, the Senate Subcommittee on
Terrorism, Technology and Government Information ordered all federal agencies
to standardize their rules of engagement, particularly as pertained to deadly
force. Randy and his daughter Sara wrote a book about the events in 1998
entitled The Federal Siege at Ruby
Ridge.
The family now live in Kalispell, Montana. Sara became a Born Again Christian
in 2012, and forgave the federal agents.
There was, predictably, very little meaningful blowback on the United States
Marshals Service or any other parts of the federal government. The Ruby Ridge
Task Force delivered a highly redacted 542-page report. And the six marshals
involved in the initial shootout were given the highest commendations awarded
by the United States Marshal Service.
In 1997, the Justice Department declined to prosecute senior FBI officials for
covering up the details of the case. Two FBI agents were prosecuted, one served
18 months in prison for destruction of evidence and the other had the charges
dismissed. The second-in-command of the FBI was demoted and three other agents
were suspended.
In 1996, Weaver offered his services to defuse tensions between the FBI and
the Montana Freeman, however, this offer was declined.
In 2000, Weaver visited the former site of the Branch Davidian Church that had
been destroyed in another high-profile siege. He later offered support to Edward and Elaine Brown, who were resisting federal taxes
at the time.
How It Could Have Gone: John Joe Gray
While it might be easy to take the cynical route and say that Ruby Ridge
changed nothing (particularly in the wake of the Waco Siege, which took place a
mere year after the Siege of Ruby Ridge), we have at least one example of the
federal government admitting that it tread lightly to avoid another Ruby
Ridge-like situation.
John Joe Gray is a sovereign citizen living
on a 50-acre wooded ranch in Trinidad, Texas. During a traffic stop, he became
involved in an altercation with Texas Trooper Jim Cleland. Cleland reached for
a .357 in Gray’s car. His car was filled with anti-government literature,
including pamphlets referencing bombing a bridge. After the altercation with
the Trooper, he was charged with two felonies: taking a police officer’s weapon
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Gray promised to have no weapons while he was awaiting trial and posted bond.
After the fact, a judge declared that his bond was insufficient. He then
ordered Gray arrested. Henderson County Sheriff Ray Nutt stated that “This kook is not worth
it. Ten of him is not worth going up there and getting one of my young deputies
killed.”
So how long did local, state and federal authorities allow Gray to hole up on
his ranch without any kind of armed confrontation? Just a few days shy of 15
years, in what was the longest law enforcement standoff in American history.
The charges were
eventually dropped,
under the premise that Gray had essentially served a 15-year house arrest term
and that a militant confrontation in the style of Ruby Ridge didn’t benefit
anyone.
While Randy Weaver’s stand might have made the Feds think twice about coming in
guns blazing the next time they can’t strongarm someone – with an eccentric
lifestyle and unusual beliefs – into turning informant, this is likely cold
comfort for Weaver who lost his 14-year-old son and wife.
This is why those in the freedom, patriot, Constitutional, survival and Second
Amendment movements remember this day. It is a chilling reminder of the
predatory and aggressive nature of federal law enforcement.
Original Article at Ammo.com.
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