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Vol. 81/No. 27 July 25, 2017
FBI agent indicted for lying in killing of LaVoy Finicum
BY ALYSON KENNEDY
An FBI agent involved in the cold-blooded killing of Robert “LaVoy”
Finicum near the end of the ranchers’ occupation of the Malheur National
Wildlife Refuge in eastern Oregon on Jan. 26, 2016, was indicted on
three counts of making false statements and two counts of obstruction of
justice.
In a packed federal courtroom June 28, W. Joseph Astarita, a member of
the elite FBI Hostage Rescue Team, pled not guilty to “knowingly and
willfully” making false statements and “failing to disclose that he had
fired two rounds” during the shooting.
Occupation leader Ammon Bundy, his brother Ryan, Finicum and others,
were driving to speak at a community meeting in John Day, Oregon, about
why they were protesting the imprisonment of cattle ranchers Dwight and
Steven Hammond and against federal land policies that have ruinous
consequences for small ranchers and farmers. Based on a tip from
undercover FBI informers, armed FBI and Oregon state cops set up a
roadblock to intercept them, deploying snipers and surveillance planes.
The killing provoked condemnation by ranchers and others in the Pacific
Northwest. “The truth will come out. LaVoy was just flat murdered,” Tad
Houpt, who helped organize the meeting Finicum and the Bundys were on
their way to, told the Militant shortly after the killing.
Astarita is accused of lying about firing two shots at Finicum’s truck,
hitting the roof and missing on the second shot. Seconds later state
troopers shot Finicum three times in the back, claiming he was reaching
for a gun.
If convicted, Astarita faces up to 20 years in prison. After the court
hearing he was released pending an Aug. 29 trial.
“I’m encouraged. I’m thrilled that the grand jury came back with this
finding.” Jeannette Finicum, LaVoy’s wife, told the press, adding that
there are four other FBI agents who took part in the ambush who have not
yet been charged. She said she wished the same standard would apply to
the Bundys and other rancher protesters.
Ammon and Ryan Bundy and five others were jailed in Portland, Oregon
until they were found not guilty on conspiracy and other charges
involved in the Malheur protest Oct. 27. The Bundys were immediately
arrested again and are incarcerated in Nevada along with their father
Cliven. They’re awaiting trial on charges resulting from protests
against federal agents’ attempts to confiscate their father’s cattle in
a fight over access to grazing on federal land in 2014.
Protests have taken place outside the Nevada federal detention center
where the Bundys are being held, against the abusive conditions they
face in jail. Ryan Bundy has filed a civil lawsuit charging their
constitutional rights are being violated by frequent strip searches and
solitary confinement.
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