The state police SWAT officer who investigators say fired five times at refuge occupation spokesman Robert “LaVoy” Finicum said Monday he second-guessed himself when he learned of an unaccounted-for bullet hole in the roof of Finicum’s truck.
In the days after the Jan. 26, 2016, shooting in Harney County, the officer wracked his brain trying to figure out how it could have occurred, considering that none of the FBI’s Hostage Rescue Team agents at the scene said they had fired any shots.
“I never thought I did it, but there were times I was thinking, ‘I don’t know. This doesn’t make any sense,”’ he said. “If that was going to be attributed to me and I had no recollection of it … could I continue in this profession?”
When he learned investigators had tracked all his shots and the magazine of his AR-15 rifle was missing five bullets, he said he told them: “The FBI has a big effing problem, and this is serious.”
The testimony from “Officer 1” – the only identification of the SWAT officer used in court because of government concerns over militia threats – is crucial to the prosecution’s case in the trial of an FBI agent at the scene that day.
Agent W. Joseph Astarita is accused of lying about having fired two disputed shots at Finicum’s truck as state police and the FBI moved to arrest leaders of armed occupation of the Malheur National Wildlife Refuge. One struck the roof and one missed entirely.
Astarita’s lawyers have argued that other people at the scene, and most likely Officer 1, could have fired the shots.
Officer 1 said he knew he hadn’t fired the shots in question because investigators found only 24 rounds remaining in the magazine of his AR-15 rifle, which he said he loaded with 29 rounds.
He had fired three times as Finicum’s truck was speeding toward a roadblock set up on U.S. 395 as the refuge leaders left the bird sanctuary. They each struck the front of the truck. He then fired two times and struck Finicum’s back after Finicum had walked away from his truck and reached into his jacket, according to investigators.
Officer 1, now a captain who has worked for the state police for 20 years, was the lieutenant and commander of the agency’s SWAT team at the time of Finicum’s shooting.
Officer 2, the second state police officer who shot Finicum that day, also testified – the first time either of them have publicly spoken about their roles in what happened. He fired once, his bullet also hitting Finicum in the back. He’s now a sergeant with the tactical team, having worked 21 years with the agency.
Their superiors worried from the outset that they would face threats, so much so that the night of the shooting they directed investigators to take photos of each officer with a paper bag concealing their faces when documenting their clothing and equipment.
Prosecutors sought to portray the state police officers who fired their rifles that day as having acted according to state police policy while the FBI agents skirted standard protocol.
The two state police officers said they immediately alerted supervisors that they had fired and surrendered their rifles and ammunition.
In contrast, prosecutors showed that FBI agents were seen on aerial video scouring the scene for items and ducking under trucks after the shooting. The FBI agents also failed to ensure a shell casing spotted on the ground was marked as evidence and then in a highly unusual move, demanded they be interviewed as a group by detectives, prosecutors said.
Defense lawyers have painted a much different portrait of state police, suggesting Officer 1, who was supposed to be in a command role that day, instead ran aggressively to confront Finicum in a risky maneuver without any cover causing a potential cross-fire situation with another state trooper.
They pointed out that state police didn’t immediately create a crime scene log to control who entered or exited the area and allowed other police vehicles to pass through.
They suggested state police officers heightened the tension from the beginning by firing a less- lethal sponge bullet at Ryan Payne, the front seat passenger in Finicum’s truck, who was about to surrender when authorities first stopped the two-car caravan of refuge leaders earlier on the highway.
They also revealed that Officer 1 exchanged text messages about the shooting, witness officers’ statements and evidence with state SWAT officer Joey Pollard, who witnessed the shooting, and their boss, Travis Hampton, now state police superintendent. The exchanges came before his interview, held five days after the shooting.
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Prosecutor Gary Sussman followed up, asking if that was because Pollard’s focus was elsewhere. Pollard said he was looking at Finicum’s hands when Finicum stepped out of the truck and heard a “loud bang.”
After the shooting, Pollard drove Officer 1 from Burns to the Deschutes County Sheriff’s Office in Bend. Deschutes County was tasked with leading the investigation of the shooting. After Officer 1 and Officer 2 turned in their gear and were photographed, Pollard drove each officer home.
In the days that followed, testimony Monday revealed Pollard exchanged multiple text messages with Officer 1 and instructed Officer 1 on Feb. 1 about the bullet hole that forensic investigators found in the roof of Finicum’s truck.
Good Lord. What a circle jerk.
Remember folks, this didn’t arise out of thin air. The whole thing began as a protest against the FedGov over trumped-up charges against ranchers whose land the BLM wanted because it had been promised to Uranium One in exchange for donations to The Clinton Foundation, all approved and catalyzed by The State Department.
Never forget that. These officers are under cross examination right now because they did the bidding of Bill and Hillary Clinton and their band of demons.