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Lon Tomohisa Horiuchi (born June 9, 1954) is an American former
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, t ...
(FBI)
Hostage Rescue Team The Hostage Rescue Team (HRT) is the elite tactical unit of the Federal Bureau of Investigation (FBI). The HRT was formed to provide a full-time federal law enforcement tactical capability to respond to major terrorist incidents throughout the ...
(HRT)
sniper A sniper is a military/paramilitary marksman who engages targets from positions of concealment or at distances exceeding the target's detection capabilities. Snipers generally have specialized training and are equipped with high-precision r ...
and former
United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, ...
officer who was involved in the 1992
Ruby Ridge Ruby Ridge was the site of an eleven-day siege in 1992 in Boundary County, Idaho, near Naples. It began on August 21, when deputies of the United States Marshals Service (USMS) initiated action to apprehend and arrest Randy Weaver under a benc ...
standoff and 1993
Waco siege The Waco siege, also known as the Waco massacre, was the law enforcement siege of the compound that belonged to the religious sect Branch Davidians. It was carried out by the U.S. federal government, Texas state law enforcement, and the U.S. ...
. In 1997, Horiuchi was charged with
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th c ...
for killing Vicki Weaver at Ruby Ridge, but the charges were later dropped.


Early life and education

Horiuchi was born on June 9, 1954, in
Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only ...
as the son of a U.S. Army officer. He later attended the
United States Military Academy at West Point The United States Military Academy (USMA), also known Metonymy, metonymically as West Point or simply as Army, is a United States service academies, United States service academy in West Point, New York. It was originally established as a f ...
, and graduated in 1976. He served as an infantry officer in the U.S. Army. Afterwards he joined the FBI, and by 1999 had been an FBI agent for at least 15 years.


Ruby Ridge

In 1992, while working at sniper position ''Sierra 4'' for the FBI
Hostage Rescue Team The Hostage Rescue Team (HRT) is the elite tactical unit of the Federal Bureau of Investigation (FBI). The HRT was formed to provide a full-time federal law enforcement tactical capability to respond to major terrorist incidents throughout the ...
at Ruby Ridge, Horiuchi shot and killed an unarmed Vicki Weaver who was holding her infant and also wounded her husband,
Randy Weaver Randall Claude Weaver (January 3, 1948 – May 11, 2022) was an American survivalist, former Iowa factory worker, and self-proclaimed white separatist. He was a central actor in the 1992 Ruby Ridge standoff at his cabin near Naples, Idaho, ...
, and family friend Kevin Harris.''Idaho v. Horiuchi''
253 F.3d 359
(9th Cir. 2001) ( Kozinski, J.).
After his first shot hit and wounded Randy Weaver, Horiuchi fired a second shot at Kevin Harris, who was armed, some 20 seconds later as Harris was running into the Weaver home. The bullet fired at Harris struck and killed Vicki Weaver through the doorway just beyond Harris, who was entering the home. Weaver was holding her 10-month-old child behind the door through which Harris was attempting to enter; the round also struck and wounded Harris. Following the conclusion of the trial of
Randy Weaver Randall Claude Weaver (January 3, 1948 – May 11, 2022) was an American survivalist, former Iowa factory worker, and self-proclaimed white separatist. He was a central actor in the 1992 Ruby Ridge standoff at his cabin near Naples, Idaho, ...
and Kevin Harris in 1993, the U.S. Department of Justice (DOJ) created a "Ruby Ridge Task Force" to investigate allegations made by Weaver's defense attorney
Gerry Spence Gerald Leonard Spence (born January 8, 1929) is a semi-retired American trial lawyer. He is a member of the Trial Lawyer Hall of Fame. Spence has never lost a criminal case before a jury either as a prosecutor or a defense attorney, and has not ...
. On June 10, 1994, the Task Force delivered its 542-page report to the DOJ Office of Professional Responsibility. The Report stated: "With regard to the two shots fired on August 22, we concluded that the first shot met the standard of 'objective reasonableness' the Constitution requires for the legal use of deadly force but that the second shot did not satisfy that standard." The surviving members of the Weaver family received $3.1 million in 1995 to settle their civil suit brought against the U.S. government for wrongful deaths of Vicki Weaver and 14-year-old Samuel Weaver, who was killed the day before during an encounter with U.S. Marshals. In the out-of-court settlement, the government did not admit any wrongdoing. In a separate suit, Harris received a $380,000 settlement from the U.S. government in 2000.


Manslaughter charge

In 1997,
Boundary County, Idaho Boundary County is the northernmost county of the U.S. state of Idaho. As of the 2020 census, the population was 12,056. The county seat and largest city is Bonners Ferry. Boundary County was created by the Idaho Legislature on January 23, ...
Prosecutor Denise Woodbury, with the help of special prosecutor Stephen Yagman, charged Horiuchi in state court with involuntary
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th c ...
over his killing of Vicki Weaver. The U.S. Attorney filed a notice of removal of the case to federal court, which automatically took effect under the statute for
removal jurisdiction In the United States, removal jurisdiction allows a defendant to move a civil action filed in a state court to the United States district court in the federal judicial district in which the state court is located. A federal statute governs remova ...
where the case was dismissed by
U.S. District Judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district co ...
Edward Lodge Edward James Lodge (born December 3, 1933) is an inactive Senior United States district judge of the United States District Court for the District of Idaho in Boise, Idaho. Education Born in Caldwell, Idaho, Lodge graduated from Caldwell High ...
on May 14, 1998, who cited the
supremacy clause The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and th ...
of the Constitution which grants immunity to federal officers acting in the scope of their employment. The decision to dismiss the charges was reversed by an ''
en banc In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller ...
'' panel of the Ninth Circuit, which held that enough uncertainty about the facts of the case existed for Horiuchi to stand trial on state manslaughter charges. Ultimately, the then-sitting Boundary County prosecutor, Brett Benson, who had defeated Woodbury in the 2000 election, decided to drop the charges, because he felt it was unlikely the state could prove the case and too much time had passed. Yagman, the special prosecutor, responded that he "could not disagree more with this decision than I do." The Ninth Circuit granted Boundary County's motion to dismiss the case against Horiuchi on September 14, 2001.


Waco

On September 13, 1993, Charles Riley, a fellow FBI sniper deployed during the Waco Siege claimed that he had heard Horiuchi shooting from "Sierra One", an FBI-held house in front of the compound holding eight snipers, including Horiuchi and Christopher Curran, on April 19, 1993. Riley later retracted his statement, saying that he had been misquoted, and that he had only heard snipers ''at'' Sierra One announce that shots had been fired ''by''
Branch Davidians The Branch Davidians (or the General Association of Branch Davidian Seventh-day Adventists) were an Apocalypticism, apocalyptic new religious movement founded in 1955 by Benjamin Roden. They regard themselves as a continuation of the Shepherd' ...
. Riley later clarified that he had heard a radio report from Sierra One that someone at that position had witnessed gunfire from within the compound. The Committee on Government reform notes that "There is no evidence that HRT snipers stationed at a house (designated the Sierra One sniper position) across the Double EE Ranch Road from the compound fired shots on April 19, 1993." Three of the twelve expended
.308 Winchester The .308 Winchester is a smokeless powder rimless bottlenecked rifle cartridge widely used for hunting, target shooting, police, military, and personal protection applications globally. It is similar but not identical to the 7.62×51mm NATO ...
casings that the Texas Rangers reported finding in the house were at Horiuchi's position. However, officials maintain that they were left behind from the earlier use of the house by the
Bureau of Alcohol, Tobacco, Firearms and Explosives The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and prevent ...
snipers on February 28, 1993. The recovered casings at the house were tested and identified by the Texas Rangers and the Office of Special Counsel matched them to weapons used by the Bureau of Alcohol, Tobacco and Firearms on February 28, 1993 and not those used by the FBI. For the five months following the Waco inferno,
Timothy McVeigh Timothy James McVeigh (April 23, 1968 – June 11, 2001) was an American domestic terrorist responsible for the 1995 Oklahoma City bombing that killed 168 people, 19 of whom were children, injured more than 680 others, and destroyed one-third ...
worked at gun shows and handed out free cards printed with Horiuchi's name and address, "in the hope that somebody in the Patriot movement would assassinate the sharpshooter". He wrote
hate mail Hate mail (as electronic, posted, or otherwise) is a form of harassment, usually consisting of invective and potentially intimidating or threatening comments towards the recipient. Hate mail often contains exceptionally abusive, foul or otherwi ...
to the sniper, suggesting that "what goes around, comes around". McVeigh considered targeting Horiuchi, or a member of his family, before settling on a bombing attack on a federal building, choosing to target the Murrah Building.Michel, Lou and Herbeck, Dan. "American Terrorist". Pages 164, 200, 233. (2002 paperback edition)


References

{{DEFAULTSORT:Horiuchi, Lon 1954 births American military personnel of Japanese descent Counterterrorism in the United States Federal Bureau of Investigation agents Federal agents at Waco siege Living people Military personnel from Hawaii American military snipers United States Army officers United States Military Academy alumni