The Oregon family of Robert Finicum just filed a wrongful death lawsuit against the FBI, Oregon State Police and others…The family was cleared of charges earlier this month (please see our previous report below):
EARLIER IN JANUARY: Citing “flagrant prosecutorial misconduct”, a federal judge dismissed charges against the Nevada rancher and three others…
Cliven Bundy walks out of federal courthouse for first time in nearly two years pic.twitter.com/BHiqgAH8ht
— David Ferrara (@randompoker) January 8, 2018
Fox News reported on Jan. 8, 2018:
A federal judge dismissed all charged against rancher Cliven Bundy and three others
U.S. District Judge Gloria Navarro cited “flagrant prosecutorial misconduct” in her decision to dismiss all charges against rancher Cliven Bundy, two of his sons and another person.
The embarrassment a federal judge dealt to government prosecutors last month in the Cliven Bundy case could be set to resume Monday, at a hearing to determine whether the cattle rancher who became a folk hero long before he beat the feds can be retried.
BUNDY FAMILY FILES WRONGFUL DEATH LAWSUIT:
Via Oregon Live:
The family of Oregon occupation spokesman Robert “LaVoy” Finicum filed a wrongful death lawsuit in federal court against the United States, the FBI, Oregon State Police, the U.S. Bureau of Land Management, Oregon’s governor and others on the second anniversary of his death.
The complaint claims Finicum was shot “assassination style” by “one or more militarized officers of the Oregon State Police and/or FBI” as he was trying to drive “across the county border” to seek the protection of Grant County Sheriff Glenn Palmer on Jan. 26, 2016.
The suit likened it to what happened to a North Korean soldier who was shot while running across the border last November to South Korea, though he survived.
“Finicum was deliberately executed by a pre-planned government ambush, after he had exited his vehicle with his hands up,” the complaint says.
Document: Wrongful death lawsuit
Portland attorney Lisa Ludwig with Utah lawyer J. Morgan Philpot filed the complaint at 12:03 a.m. Friday in U.S. District Court in Pendleton on behalf of the Finicum family. It seeks more than $5 million in damages for Finicum’s wife, Jeanette Finicum, and each of their 12 children and his estate.
The complaint lists as defendants Greg Bretzing, former FBI special agent in charge in Portland, indicted FBI agent W. Joseph Astarita, Oregon Gov. Kate Brown, U.S. Sen. Ron Wyden, D-Oregon, former U.S. Sen. Harry Reid, D-Nevada, Harney County Sheriff Dave Ward, Harney County commissioner Steven Grasty, the Center for Biological Diversity and multiple unnamed officers.
“These defendants were mentally predisposed and committed to using excessive lethal force, to solve a political dispute,” the complaint says. “The result has been both haunting and tragic.”
It contends the defendants engaged in “widespread and systemic corruption” and the “premeditated targeting” of Finicum and others because of his association with Nevada cattleman Cliven Bundy and Bundy family members, his membership in the Church of Jesus Christ of the Latter-Day Saints and his political views and activism critical of federal land management and the U.S. Bureau of Land Management.
The suit contends police and the FBI set up a “Deadman’s roadblock” on rural U.S. 395 where Finicum was shot and killed. It accuses the FBI, Oregon State Police and Bureau of Land Management of negligence and failing to properly train and supervise its officers. Keep reading…
OUR PREVIOUS REPORT ON THE NOT GUILTY VERDICT IN THE OREGON STANDOFF:
Who could forget the unbelievable standoff in Oregon between patriots and the government? Who could forget the dramatic shooting of patriot Savoy Finicum who traveled from Arizona to Oregon from to stand with American ranchers against the BLM, an overbearing government agency. Oregon State Police troopers fired the three rounds that killed the Arizona rancher and father of 11 during a confrontation on a remote road, law enforcement officials said at a news conference in Bend.
Here is the dramatic video of the FBI Agents shooting and killing Lavoy Finicum.
An independent investigation by Oregon authorities later found the troopers were justified in shooting Finicum because he failed to heed their commands and repeatedly reached for his weapon, Masher County District Attorney Dan Norris said.
The not guilty verdict of the other members who were involved with Finicum who gave his life for the fight against our government, must be especially stinging for the large loving family this father of 11 left behind.
Ammon and Ryan Bundy have been found not guilty of conspiracy. Their five co-defendants Jeff Banta, Shawna Cox, David Fry, Kenneth Medenbach and Neil Wampler have all been found not guilty as well.
Jurors were unable to reach a verdict on Ryan Bundy’s theft of government property charge.
The jury returned its verdict after some six weeks of testimony followed by less than six hours deliberations, and the last minute replacement of a juror after an allegation surfaced that he was biased.
The jury was instructed to disregard their previous work and to re-consider the evidence.
“It was a pretty jaw-dropping verdict,” said OPB reporter Amelia Templeton of the climate in the courtroom.
“The jury began by reading out the verdict for Ammon Bundy, ostensibly the leader of the occupation, and when we heard that Ammon Bundy was not guilty, it became clear very quickly that likely no one in the case was going to be found guilty, and indeed, everyone has been acquitted.”
After the verdict was read, Ammon Bundy’s attorney Marcus Mumford was tackled to the ground by five U.S. Marshals. He insisted his client was free to go. Ammon Bundy faces a US Marshall hold and is supposed to be transferred to Nevada where he faces charges for the Bunkerville standoff.
“There’s a hold for Ammon Bundy and Ryan Bundy out of the district of Nevada,” said Matt Schindler attorney for Kenneth Medenbach.
“‘There’s nothing Judge Brown can do about that. So acquitting him here, all it does is effectively release him to that hold, to be transported to Nevada. And the court that has anything authority to deal with that, is the court in Nevada. Marcus let the emotion of the moment, I think, overtake his better judgement.”
During the incident, Judge Brown ordered everyone out of the courthouse. Mumford was later detained.
United States Attorney for the District of Oregon Billy J. Williams reacted to the decision on Thursday saying, “While we had hoped for a different outcome, we respect the verdict of the jury and thank them for their dedicated service during this long and difficult trial.”
The charges stem from the 41-day armed occupation of the Malheur National Wildlife Refuge near Burns in eastern Oregon’s high desert. The armed protest began Jan. 2 and ended when the final four occupiers surrendered to the FBI on Feb. 11.
“For many weeks, hundreds of law enforcement officers — federal, state, and local — worked around-the-clock to resolve the armed occupation at the Malheur National Wildlife Refuge peacefully,” said Greg Bretzing, Special Agent in Charge of the FBI in Oregon. “Although we are extremely disappointed in the verdict, we respect the court and the role of the jury in the American judicial system.”
Prosecutors initially charged Ammon Bundy, his brother Ryan Bundy, and 24 others with conspiracy to prevent Bureau of Land Management and U.S. Fish and Wildlife employees from doing their jobs at the wildlife refuge in Harney County. Some defendants named in the indictment faced weapons charges for carrying firearms in a federal facility, as well as theft of government property.
Only seven defendants went to trial in September. Others have pleaded guilty or are scheduled to go to trial in February 2017.