For Immediate Release
      June 14, 2000

Washington D.C.
FBI National Press Office

      Statement by FBI Director Louis J. Freeh

FBI Director Louis J. Freeh sent the enclosed message today to all FBI employees regarding the 9th Circuit Court of Appeals decision affirming the dismissal of charges against an FBI Agent stemming from the 1992 incident at Ruby Ridge, Idaho.

June 14, 2000 
A message to all FBI employees:

This evening I learned that the 9th Circuit Court of Appeals affirmed the lower court decision that Agent Lon Horiuchi is immune from prosecution for the shooting at Ruby Ridge, Idaho. This ruling supports what I have always believed and I am grateful for the fine work that led to this important decision.

As you know, Vicki Weaver was tragically killed during an FBI operation to arrest those responsible for the murder of U.S. Marshal William Degan. The State of Idaho filed manslaughter charges against Agent Horiuchi but those charges were dismissed by the district court.

In affirming the lower court decision the appeals court stated, "The district court's finding that Horiuchi reasonably believed that shooting Harris was necessary and proper under the circumstances is supported by the evidence. Today, all must regret the tragic result. However, given the circumstances at the time, Horiuchi made an objectively reasonable decision."

The court went on, "Courts must avoid the temptation to dissect the events which flashed before a police officer in a matter of seconds and to over scrutinize the officer's response to those events. It is all too easy for judges pondering a cold record in the sanctity of their chambers to second guess the split-second decisions of the officer on the scene."

Since the day of the shooting in 1992 Agent Horiuchi and his family have endured the immense burden of uncertainty while the issue remained unresolved. While this decision may be appealed, the strong language in the majority opinion in support of his actions should be great solace not only for Lon and his family but also for law enforcement officers everywhere who daily confront potentially deadly situations.

I am grateful to the entire FBI family for the support given to Lon and his family and for the fine work of the FBI, Department of Justice, and private attorneys who championed his cause before the courts. All of us in the FBI are extremely appreciative for those no longer in government service who also argued on his behalf, former Attorneys General Bell, Civiletti, Barr and Thornburgh, and former FBI Director Webster.

No one in the FBI ever wants any situation to end tragically. The reality is that with alarming frequency Agents and officers must put all of their training, experience and judgment to the test and make split-second life-or-death decisions. They frequently risk their own lives in furtherance of public safety. It is an awesome responsibility which is ably carried out by FBI employees everywhere. I am grateful for the court's recognition and support of this notion, so eloquently reflected in today's opinion.

Louis J. Freeh Director