Regarding the shooting of Robert “Lavoy” Finicum, let’s talk
a little bit about tactics.
I, of course, don’t know all the details, or even most for
that matter, of what lead up to the take-down of the ‘occupiers’ of the Malheur
National Wildlife Refuge. I think the
action taken Tuesday, January 26th, was potentially precipitous – and
difficult to explain. The FBI and other law
enforcement agencies transitioned from an extended laissez-faire environment,
involving the ‘occupiers,’ to a sudden, armed confrontation – which unfortunately
turned deadly. Of course, there was a
lot of dialogue between the FBI and the principals within the Refuge compound
prior to the take-down; but, strikingly, in my opinion, there was no gradual tightening
of physical pressure on those individuals that were freely going and coming,
attending community meetings, collecting supplies and encouraging other
like-minded people to join the occupation.
I looked at the FBI ‘take-down,’ several times. I do not consider this an ‘ambush’ situation as
many have described it. And, for those
who haven’t seen it, I attached a link to the FBI video.
The FBI description of the action depicted in the video, in
short, was that the vehicle holding Finicum and three other individuals attempted
to run a roadblock set up by law enforcement.
Finicum’s vehicle attempted to swerve around the roadblock, going to the left shoulder of the road, nearly ‘running over’ an FBI Agent, before getting stuck
in the snow along the shoulder. Finicum
jumped out of the vehicle, yelling, with his hands up, something like “shoot
me,” “shoot me.” Allegedly, although it’s difficult to see,
Finicum reaches toward his left armpit (twice) before being shot down. He does not brandish a gun. However, the FBI found later that he had a
loaded handgun under his coat – and opine that he was reaching for same.
OK, I’m not going to second guess this. Finicum had stated publicly that he wouldn’t
be taken alive. He was known to be
consistently armed (see picture above). And, law enforcement,
in a split second, exercised their best judgement. Finicum’s actions were foolish, under the
circumstances, and one might even describe them as ‘crazy.’ The FBI’s account, to my knowledge, does not
say how many shots were fired – only that the officer who shot Finicum was with
the Oregon State Police.
Let’s talk a little bit about the FBI Agent nearly ‘run over’
by Finicum’s vehicle. What was the Agent
doing in a position behind one of the cars used to block the road? Only in the movies does a law enforcement
officer stand behind his car with a fleeing felon’s car barreling down on
him. The video seems to reflect that the
FBI Agent made a last second observation that he would soon be crushed under
his vehicle if it was rammed by Finicum’s car.
He jumps to his right toward the road’s shoulder. Then he sees that’s where Finicum’s car is
headed; and the Agent tries to jump back.
It appears that the Agent might have been hit, but he was apparently not
seriously injured. He managed to walk
away.
The shooting: The FBI
has given the public a rather grainy aerial video. The OSP, as I understand it, sometimes wear ‘body
cams.’ Are they available? Why weren’t they released?
OK, Finicum jumps from his vehicle. We see a law enforcement officer coming out
of the woods (left side of road). Finicum is facing away
from this officer, towards where he apparently observes or believes the main
law enforcement contingent is located (right side of road). The
officer from the woods is holding something, which is either a handgun, maybe a
Taser. Another officer leaves cover on
the opposite side of road and approaches Finicum while pointing a handgun. When shot, Finicum appears to turn somewhat
to his left and falls away from the officer who came out of the woods. Finicum then appears to slightly lift his
right arm. No weapon is observed.
Some might question where the law enforcement personnel were
positioned. An FBI Agent is nearly run
down. Other officers are on both sides of the road, with Finicum between them –
a potential cross-fire situation. Two
officers leave cover for no apparent reason to confront Finicum. Finicum makes an untoward movement and was shot and killed.
True Nelson
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