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Spokane, Washington  Est. May 19, 1883

Feds Defend Fbi Sniper Case Should Be Moved, Former Ruby Ridge Commander Says

Jim Camden Ken Olsen Contributed To Staff writer

The man who commanded federal agents at Ruby Ridge said he hopes the case against Lon Horiuchi is moved out of Bonners Ferry, Idaho, if the FBI sharpshooter stands trial.

“I don’t think a federal official can get a fair trial in Boundary County, to be honest with you,” said former FBI supervisor Gene Glenn.

Glenn, the on-scene commander at Ruby Ridge who has since retired from the bureau, said he was shocked and saddened that Horiuchi was charged with involuntary manslaughter.

Charges against an agent acting in the line of duty are rare, he said.

Another federal law enforcement officer said Horiuchi is being unfairly painted as a cold-blooded killer.

“He made a split-second decision in a difficult situation and was not aware of the unintended consequences,” said the officer, who asked not to be identified.

Charging Horiuchi chills all law enforcement, the officer said, and agents may be reluctant to volunteer for special units such as the Hostage Rescue Team. Horiuchi is a member of that elite FBI team.

“Officers may be unwilling to put themselves in that sort of a situation and that might cost other people their lives,” the officer said.

Ron Kessler, an investigative reporter and author of five books on the FBI, agreed the charge is unusual. But it should not be considered a surprise.

“It makes sense to me because he clearly did violate the ‘shoot’ policy - shoot to defend yourself or prevent harm to someone else,” said Kessler, who doubted the charge will have a chilling effect on other agents.

On the second day of the siege, Horiuchi fired two shots as Randy Weaver tried to re-enter his cabin. The first wounded Weaver. The second killed his wife, Vicki, and injured Kevin Harris.

The sharpshooter testified at Weaver’s trial that he hit Vicki Weaver by mistake.

Horiuchi would not comment on the charges, said Adam Hoffinger, a member of a Washington, D.C., law firm hired by the U.S. Justice Department to represent him.

“We are profoundly distressed and troubled” by the charge, Hoffinger said, noting that Horiuchi was exonerated last week by the Justice Department “after an exhaustive, two-year investigation.”

But he had no reservations about his client facing charges in North Idaho. “We have no qualms about going to trial, anywhere,” Hoffinger said.

FBI Director Louis Freeh issued a one-page statement praising Horiuchi for “an exemplary record” and saying he was deeply disappointed the charges were brought.

“He is an outstanding agent and continues to have my total support and confidence,” Freeh said.

In another statement, the Justice Department was quick to note the difference between federal and Idaho laws.

Federal investigators concluded that Horiuchi could not be prosecuted in federal court for an intentional use of unreasonable force that deprived the Weavers of their civil rights.

Idaho has a law against using a firearm recklessly, carelessly or negligently, a department press release said.

“No federal crime covers the reckless, careless or negligent use of a firearm,” the statement said.

, DataTimes The following fields overflowed: BYLINE = Jim Camden Staff writer Staff writer Ken Olsen contributed to this report.