Harris Surrenders Inexperienced Prosecutor To Seek Convictions Where Feds Failed

FOR THE RECORD (August 23, 1997): Caption wrong: Ruby Ridge shooting suspect Kevin Harris surrendered to Ferry County authorities Thursday. A caption on Page One of Friday’s editions was incorrect.

An inexperienced and nervous Boundary County prosecutor says she can do what federal authorities and millions of dollars couldn’t - convict two people for the deadly Ruby Ridge shootout.

“Based on the evidence that I’ve looked at, I have a reasonable belief we can prove these charges,” Prosecutor Denise Woodbury told reporters Thursday at Bonners Ferry City Hall.

Woodbury charged Kevin Harris, Randy Weaver’s friend, with first-degree murder for firing the shot that killed Deputy U.S. Marshal William Degan. Harris turned himself in Thursday and will make his first appearance in court today.

An involuntary manslaughter charge was leveled at FBI sniper Lon Horiuchi for shooting Weaver’s wife, Vicki, in the head and killing her.

Woodbury concluded Horiuchi was careless when he fired into the doorway of the Weaver family’s cabin while trying to shoot Harris.

The charges came one day after the 5-year anniversary of Weaver’s standoff with federal agents. Weaver and Harris were later acquitted of murder and conspiracy charges in a federal trial in Boise.

Even though Woodbury’s decision is drawing fire, some residents hope it will finally end a saga that’s divided this rural community of 8,000.

One of those applauding Woodbury’s move is former sheriff Bruce Whittaker. He was in office when the standoff began.

“It’s something that had to be done. I don’t think they could have just let it go,” Whittaker said. “Even if the case gets dismissed, there is a hung jury, whatever, there will be closure.”

The cloud of Ruby Ridge has prompted ongoing threatening calls to the prosecutor’s office. Some curious tourists still ask directions to Weaver’s remote cabin near Naples, about 20 miles north of Sandpoint.

“Everyone would like to see this over and done with,” Woodbury said.

Vicki Weaver’s sister, Julie Brown, doesn’t believe Woodbury’s actions are the right way to bring closure. She called the charges “absolutely the most devastating thing that could have happened.”

“Any good that might have come out of charging Vicki’s killer is negated by the charges against Kevin,” Brown said from her Iowa home.

The charge against Horiuchi offered little relief, Brown said. “You get manslaughter for hitting somebody with a car. I’d say if you shoot into a cabin full of kids it’s pretty obvious that’s gross negligence.”

Brown said Woodbury’s decision is a mistake that only ensures the saga will never end. “This error is going to compound every error that’s ever happened in this case and make it live on forever.”

All that’s left of Weaver’s infamous cabin is a faded, patched plywood front, propped up by two-by-fours. Just inside the missing front door - long since removed for evidence in Weaver’s and Harris’ federal trial - a closet still holds a pair of Reeboks and a few other belongings.

Agents were doing surveillance on the cabin when they were spotted by family members and a gunbattle erupted.

Degan was retreating from the Weaver property. He was chased by Harris and Weaver’s son, Sam, for 1,000 feet and shot in the chest, Woodbury said.

The complaint filed Thursday said Degan was 600 feet off Weaver’s land when Harris allegedly killed him. Harris also faces an aggravated assault charge for firing a bullet that grazed federal agent Arthur Roderick, who was with Degan.

If convicted, Harris faces life in prison or the death penalty. Woodbury has not yet decided if she will seek a death sentence.

Horiuchi could get up to 10 years in prison if found guilty of involuntary manslaughter.

County investigators claim they found the bullet that killed Sam Weaver, but would not confirm it came from a federal agent’s weapon. No one, however, was charged in connection with the boy’s death.

“This death has been determined to be a justified homicide based on self-defense,” Woodbury said.

Criticism flowed soon after Woodbury announced the formal charges. Harris’ attorney, David Nevin of Boise, said he was “astonished” by the new accusations.

“Kevin has already been through this wringer one time. He is not guilty; he acted in self-defense,” Nevin said. “Goodness knows, the federal government tried to prove the contrary and was unable to do it. Now we have to go run this gauntlet again. It’s dismaying.”

Woodbury said she has additional evidence that was not used during the federal trial in Boise, but declined to elaborate.

“We’ve had a great deal more time to look at the case than they (federal prosecutors) have,” Woodbury said. “We looked at matters we could prove beyond a reasonable doubt.”

Nevin is skeptical there is new evidence. FBI agents marked off 10-foot grids where the shootout occurred and searched every inch of the property, he said.

“They were on hands and knees looking under every leaf, under every piece of bark and had sophisticated metal detectors. If that cadre of people missed something I can’t wait to hear about it.”

In a phone interview, Randy Weaver, who now lives in Montana, called the murder charge against Harris “totally outrageous.”

“In court, they never did really prove that Kevin shot the guy (Degan),” Weaver told KIRO-TV of Seattle.

One of Weaver’s attorneys, Charles Peterson, called Woodbury young and green, adding the charge against Harris is “ludicrous.”

“She didn’t have the guts to charge Lon Horiuchi with murder, which is what the charge should be,” he said. “She missed the mark, and they are never going to convict Kevin Harris because he isn’t guilty of murder. It’s pathetic. This is justice, North Idaho style.”

Peterson insisted the county can’t try Harris a second time for murder and expects that to be the first issue before the court.

But Woodbury insisted that Harris still can be held accountable for violating state laws, since he was tried on federal charges.

Woodbury plans to try the case in Boundary County.

Harris turned himself in to authorities in Republic, Wash., Thursday and spent the evening in the Kootenai County Jail.

County officials also served Horiuchi with a warrant laying out the charges, but they did not reveal his whereabouts. The details of his appearance to face charges had not yet been worked out late Thursday.

A trial for the two men could cost hundreds of thousands of dollars for county taxpayers. A murder case in May cost the county $120,000.

The county, however, won’t have to appoint public defenders for either man, Woodbury said. The FBI has agreed to provide an attorney for Horiuchi, and Nevin plans to represent Harris.

The expense of a trial was not a factor in deciding whether to file charges.

“There has been a lot of discussion about what cost you put on justice and we come back to justice has no price,” said Darrell Kerby, chairman of the Bonners Ferry City Council.

“The cost is going to be horrible and sickening and we don’t have any money as it is …, he said. “But the community here has a deep desire for justice to prevail, whatever that might be.”

, DataTimes ILLUSTRATION: 2 Photos (1 color)

The following fields overflowed: BYLINE = Kevin Keating Staff writer Staff writers Susan Drumheller and Craig Welch contributed to this report.