Weavers Seek Damages Ruby Ridge Clan Seeks Millions From Feds Over Shootout

Randy Weaver, his three daughters and Kevin Harris filed more than $200 million in claims against federal law enforcement agencies Tuesday for the 1992 shootout and siege at Weaver’s cabin in Naples, Idaho.

Attorneys for Weaver and Harris hand-delivered notices of the tort claims to the Boise offices of the FBI, the U.S. Marshal Service and the U.S. Department of Justice.

Officials there had no comment on the claims.

“These people have paid and paid and paid and paid for the wrongful actions of the United States of America against them,” said David Nevin, attorney for Kevin Harris.

“Kevin Harris was shot in the chest and left to die and very nearly did die and was imprisoned for 10 months for crimes he didn’t commit. Now it’s time for him to be paid back and made whole.”

The notice filed Tuesday is required under federal rules before a lawsuit against the government is filed. The government can opt to pay the claims, but is more likely to reject them, triggering a lawsuit by the Weavers and Harris.

Weaver’s attorneys said they also are planning suits against individual agents involved in the shooting deaths of Weaver’s wife, Vicki, and their son, Sam.

They also will seek a court order requiring federal agencies to follow state laws, the attorneys said.

During Weaver and Harris’ trial last summer on charges related to the siege, defense lawyers made much of unusual FBI rules that allowed agents to shoot adults seen outside the Weaver cabin, regardless of whether they were threatening anyone’s life.

“The FBI … cannot come into the state of Idaho and change the rules,” said Weaver’s attorney, Chuck Peterson. “We have laws here that apply to everybody who comes to our state, including the FBI. They shot those people illegally and wrongfully and now they’ve got to pay.”

Weaver, who now lives in Iowa, couldn’t be reached for comment Tuesday. Harris, who is working as a welder in Republic, Wash., said he’s been asked by his attorney not to comment.

The claims will not delay the release of the Department of Justice’s internal review of the handling of the case, said Department spokesman John Russell. As for the claims, Russell said the agency will respond in court.

Weaver and his three daughters, Sara, Rachel and Elisheba, are claiming $40 million each for the deaths of Vicki Weaver, 43, and Sam Weaver, 14.

In addition, each seeks $10 million for damage to his or her reputation, embarrassment, loss of privacy and other complaints.

Harris is seeking $10 million for being injured by bone chips and fragments of the bullet that killed Vicki Weaver. He claims a permanent partial disability.

In addition, his claim filed Tuesday says he suffers extreme pain, emotional distress, loss of the enjoyment of life and lost wages. He also claims loss of reputation and privacy.

A hospital report attached to the claims shows that when Harris surrendered near the end of the siege, he suffered infections, swelling in his arm, a broken rib and pneumonia in one lung.

The dollar amounts sought are merely a technical requirement, said Peterson’s partner, Gary Gilman. If the case goes to trial, damages would be determined by a judge or jury.

“We have to make sure it’s high enough to cover what might eventually be awarded in this case,” he said. “It’s not only the issue of what does it take to repay these kids like Elisheba, a baby who will never really know her mother … but it’s also what does it take to make the government live up to the law.”

Peterson said Weaver’s lead attorney in last summer’s criminal case, Gerry Spence, has been pressuring Attorney General Janet Reno to release her agency’s review of the case. But Spence may not work on the tort claim.

“Gerry is running his trial school and writing two books and taking some time off from his practice and he hasn’t decided one way or the other,” Peterson said.

Weaver sold two illegal sawed-off shotguns to a federal informer in 1989 and was arrested and released in 1990. Claiming entrapment, he skipped his court date and holed up in his mountaintop cabin with his family and Harris.

On Aug. 21, 1992, Harris and Sam Weaver followed a barking dogs into the woods, where they stumbled on a camouflage-clad U.S. Marshal Service surveillance team. One marshal shot the dog in front of Sam Weaver. In the ensuing gunfire, Sam Weaver and Deputy Marshal William Degan were killed.

Weaver’s cabin was surrounded by federal agents and the next day, an FBI sniper wounded Weaver and Harris and killed Vicki Weaver. The remaining members of the Weaver family surrendered 11 days later.

Weaver and Harris were tried on a 12-count indictment that alleged crimes ranging from murder to failure to appear in court.

Harris was acquitted on all counts. Weaver was found guilty of failure to appear at his 1991 hearing on the sawed-off shotgun charge.