Fbi Sniper Can’t Be Tried, Lawyers Say Horiuchi’s Attorneys File Papers Claiming Immunity From Prosecution For Federal Officers

Lawyers for FBI sniper Lon Horiuchi have set the stage to ask that an involuntary manslaughter charge against him be dismissed.

At Ruby Ridge, Horiuchi was doing his duty as a government agent when he fired a shot that killed Vicki Weaver, wife of white separatist Randy Weaver, according to court documents filed Friday.

“Special Agent Horiuchi cannot be prosecuted for a crime under Idaho law for an act he performed as a federal officer…” the court filing said. The U.S. Constitution has a “supremacy clause” that allows federal officers immunity for acts committed in the line of duty, Horiuchi’s attorneys said.

The FBI agent was charged with involuntary manslaughter by Boundary County Prosecutor Denise Woodbury. She filed the charge in August, five years after the bloody Ruby Ridge shootout.

Horiuchi lawyers have not yet asked the charge be dismissed. They did ask a judge Friday to move the case out of Boundary County to federal court.

The move was not unexpected. Woodbury has said she doubted Horiuchi would ever appear in a Boundary County courtroom. Any hearings or trial will likely be held in U.S. District Court in Boise. Woodbury has already started making arrangements for office space and a place to stay there.

The Ruby Ridge saga began in August of 1992 when federal agents were doing surveillance on Randy Weaver’s cabin. A gunbattle erupted and Weaver’s son, Sam, was killed as was U.S. Deputy Marshal William Degan. Vicki Weaver was later shot in the head by Horiuchi. The agent said he was aiming at Weaver’s friend, Kevin Harris, and did not see Vicki Weaver standing behind the cabin door.

Agents had surrounded the cabin where Weaver, his three daughters, wife and Harris holed up. An 11-day standoff ensued. Agents were told they could and should shoot any armed adults at the cabin.

“At the time … Horiuchi fired the shot that killed Vicki Weaver … he was acting within the scope of his official duties as a Special Agent of the FBI,” court documents said.

The FBI sniper said he saw three people outside the cabin. One of them appeared ready to fire at a helicopter full of agents flying near the cabin. Horiuchi shot once and the three people moved out of his sight, court records said.

The three people then ran toward the cabin, and Horiuchi fired at Harris as he went through the cabin door. Vicki Weaver held the door open and the bullet passed through her head and wounded Harris.

“Horiuchi acted within the course and scope of his authority when he discharged his weapon. He has … a compelling federal defense to this prosecution,” his attorneys wrote. They also noted a Department of Justice investigation found Horiuchi acted within the guidelines set by his superiors when he fired the shot.

Weaver and Harris have already been tried and acquitted in federal court of murdering a federal agent. Woodbury filed a state murder charge against Harris at the same time she charged Horiuchi. A judge dismissed the case against Harris, saying he could not be tried twice for the same crime. Woodbury has not decided if she will appeal that ruling.

Horiuchi had a court hearing scheduled for Monday in Boundary County. That hearing will likely be canceled since his lawyers requested the case be moved to federal court.

, DataTimes MEMO: This sidebar appeared with the story: THE CHARGE Boundary County Prosecutor Denise Woodbury charged FBI sniper Lon Horiuchi with involuntary manslaughter in August, five years after the bloody Ruby Ridge shootout.