The fourth round, police concluded, was fired by an FBI agent who subsequently twice denied to investigators ever firing his gun. As the investigation proceeded, detectives determined he also fired a second time, but didn't hit anything at the scene.
The discovery of that gunfire and conduct afterward by the agent and four other agents have triggered a criminal investigation that could result in the prosecution of all five. The agents all serve on the FBI's Hostage Rescue Team. Authorities on Tuesday released few details about the matter and didn't identify the agents by name.
But the disclosure is a jolt to the FBI. The Oregon investigators two weeks ago flew to Washington, D.C., to directly brief top FBI officials about their findings. The U.S. Justice Department's Office of Inspector General is now investigating along with the Deschutes County Sheriff's Office. The Inspector General's Office, which is separate from the FBI, doesn't discuss active investigations.
FBI agents under investigation for possible misconduct in LaVoy Finicum shooting
By Les Zaitz | The Oregonian/OregonLive Email
on March 08, 2016 at 10:10 AM, updated March 08, 2016 at 10:54 AM
BEND An FBI agent is suspected of lying about firing twice at Robert "LaVoy" Finicium and may have gotten help from four other FBI agents in covering up afterward, authorities revealed Tuesday.
The bullets didn't hit Finicum and didn't contribute to his death, but now all five unnamed agents, part of an elite national unit, are under criminal investigation by the U.S. Justice Department. Inspector General Michael Horowitz is leading the independent inquiry.
The remarkable disclosure came as a team of local investigators released findings that two state troopers shot Finicium three times in the back during the chaotic scene at a police roadblock Jan. 26. One bullet pierced his heart, an autopsy showed.
A prosecutor ruled the fatal shooting was legally justified, saying state law allows use of deadly force when officers believe a person is about to seriously injure or kill someone. Finicum kept moving his hands toward a pocket that contained a loaded handgun. Although he was shot from behind, Finicum had a trooper in front of him armed with a Taser who was thought to be in danger.
One of the most interesting things to me was the showing of the Shawna Cox video. It fills in what was going on inside the Finicum vehicle during the initial traffic stop. As well as the running into the snowbank.
Hopefully one of the media will release it to all of us.
While I've never doubted LaVoy had it coming, I'm very disappointed about the FBI lies and cover up. What is the point of that?
While LE may not have had their ducks 100% in a row, I still think Finicum wouldn't have hesitated to draw on them and take a few down with him if they hadn't shot him first. He was a threat. He was reaching into his waistband and he had a loaded gun. It's not like he was surrendering with his hands up or was unarmed. Also since Shawna Cox didn't want to stop for the roadblock, doubt he was in a mindset to cooperate either...
Im sorry, but that makes no sense, what so ever. If he wanted to shoot LE he could have taken his gun out of his pocket, before he got out of the vehicle and came out shooting. He would not have left it in his pocket and came out of the vehicle with his hands up. That gave him no chance of shooting anyone.
I see zero evidence in the videos that they wanted to kill anyone. First both vehicles stopped and they complied with LE. Then Finicum and Cox decided to make a run for it, and try to get to the next county, where they thought the Sheriff would protect them. Yes, I know they were delusional, but that was clearly their mindset, by the conversation in the video. Then when they hit the road block, they tried their best to surrender. Finicum by jumping out of the vehicle with his hands up. The rest of them by staying in the vehicle and discussing a plan for surrender, while LE fired multiple rounds at them. Bundy had his gun. He could have returned fire, but he didnt do that.
Listen to what they were saying. Nobody was talking about killing LEOs. As messed up as they people were, that was not their plan.
The point is, they knew they screwed up right from the start. They had a vehicle riddled with bullets, a suspect dead on the ground, shot in the back, and no visible weapon on the suspect. They knew they had to start lying to cover their own asses. Some of them (OSP) came up with better lies then others (FBI).
There is no moral justification for shooting a suspect in the back, just because the cops THINK he might be armed. Legally yes, they can get away with it. The cops in this country can get away with killing any one for any reason. But all it accomplished was to give these militia nuts a martyr.
I have no idea what you think Finicum did to deserve the death penalty. He didnt hurt any one. He didnt kill anyone. He definitely deserved 5 or 10 years in a federal prison for taking over government property. But the death penalty, I think not. Most of these people deserve to be in a mental hospital, not even in a prison, let alone being executed for their crimes.
They were NOT complying with LE. Finicum drove the car off in a high speed chase when he was being detained. You can also hear him being told when he gets out of the car to get on the ground. He refused and continued to yell "you're going to have to shoot me" while reaching for his waistband. That's not surrendering at all. I don't think he intended to shoot the cops but it appears he intended to force them to shoot him. He made it very clear in earlier video statements that he would rather die then be taken into custody and he was going to make sure that happened. It was suicide by cop.