Weaver, Harris File Damage Suits Claims Target Individual Agents

Thu., Aug. 18, 1994

Source: By Dean Miller Staff Wri

Attorneys for Randy Weaver, his family and Kevin Harris have filed complaints for more than $100 million in damages against the federal agents who shot them and killed Weaver’s wife and son.

Unlike the tort claims Weaver and Harris filed against the U.S. government two weeks ago, these lawsuits seek payment from the individual U.S. marshals, FBI agents and their supervisors who directed the 1992 siege of Weaver’s mountaintop cabin.

“This lawsuit complains about them trying to kill Kevin … then lying about who was the aggressor there and then shooting Kevin and trying to kill him,” said Harris’ attorney, David Nevin.

Harris is seeking more than $10 million in damages from 12 federal agents, including the sniper who shot him.

“This is against the individuals,” said Chuck Peterson, attorney for Weaver and his family. He said Weaver and his three daughters are seeking a total of $170,020,000 in damages for the deaths of Vicki and Sam Weaver, shooting injuries and other damages alleged.

Peterson said he is eager to proceed to trial if the agents won’t settle.

“Ordinarily, you don’t have the benefit of having testimony under oath” he said, referring to last year’s trial of Weaver and Harris. “That’s a great luxury here because (FBI sniper) Lon Horiuchi can’t change his story. He said, `I was aiming at Kevin Harris and I tried to kill him.’ He can’t now come in and claim it was an accident.”

Peterson said he and Harris’ attorney were forced to file before they wanted to. “We waited until the very last minute in hopes that the report from (U.S. Attorney General) Janet Reno would be released,” he said.

The U.S. Department of Justice has completed but is not releasing an internal report on the handling of the Weaver case.

Weaver was wanted for failure to appear at a 1991 court date when federal agents began surveillance of his mountaintop cabin in 1992. On Aug. 21, 1992, Harris and Sam Weaver stumbled on a U.S. Marshal Service team in the woods. A gunfight erupted after one marshal shot Weaver’s dog in front of the boy. The boy and Deputy Marshal William Degan died in the gunfire.

The Weaver’s cabin was surrounded by snipers the next day. FBI sniper Horiuchi wounded Weaver and killed his wife with a shot that also wounded Harris. Losing blood and suffering from pneumonia, Harris surrendered 10 days later. Weaver surrendered after the 11th day.

The two were tried on a 12-count indictment that alleged crimes ranging from murder to failure to appear in court. Harris was acquitted of all charges. Weaver was found guilty of failure to appear at his 1991 court hearing on a weapons charge.

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