I offer my condolences to the Finicum Family and Friends.
STATEMENT FROM THE LAVOY FINICUM FAMILY 1-29-2016
We
know that there are always at least two sides to every story. We also
know and recognize that the FBI and law enforcement agencies involved
will do everything in their power to make it appear as if the needless
death of our husband, father, grandfather, brother and son, LaVoy
Finicum, was justified.
Like almost everyone else, we were not there,
so we don’t know exactly what happened. Like most others, we have no
choice but to rely on other sources of information. One of those sources
of information is the account of Victoria
Sharp. Another piece of
information is the video recently released by the FBI, along with the
FBI’s chosen narrative of what happened. In response to this
information, we would like to make a few observations.
The first
observation is that from what we understand, the occupation was on track
toward a peaceful resolution. LaVoy and those he was with were en route
to a public meeting in an adjoining county when they were stopped in
something far different than a “routine traffic stop,” as has been
portrayed by the media. Unfortunately, the powers that be were not
interested in being patient enough for the occupation to come to a
peaceful end. Some had called for LaVoy and those he was with to simply
be gunned down, just as he was, with no due process. Oregon Governor,
Kate Brown, was putting pressure on the FBI to end it sooner rather than
later. The Harney County Sheriff’s Department working in conjunction
with the FBI tried to do everything they could to emphasize how
disruptive the occupation was to the local community, when in reality it
appears to have been their own reaction that was causing most of the
disruption. And it was the FBI that chose to escalate the situation to
force a confrontation, and violent ending.
With respect to the actual
facts and circumstances surrounding LaVoy’s death, the video really
speaks for itself. People will interpret it according to their own
views. As the FBI’s own narrative stated, LaVoy was not wielding a
firearm or any other weapon when he was killed. His hands were obviously
in the air. Knowing LaVoy, it is our view that he was moving away from
the vehicle in an attempt to draw any hostility or violence away from
the others. Unfortunately, we don’t know what he was saying, and what
was being said to him. He appears to have been gesturing, or trying to
keep his balance while moving in the deep snow. Although he may have
been animated, he does not appear to have been threatening or posing any
real threat or danger to anyone. The FBI claims that LaVoy had a loaded
firearm in an inside pocket of his coat. After re- reviewing the
extended video, at this point we are not accepting at face value the
FBI’s statement that LaVoy was actually armed. But even if he was, as
far as we can see, that firearm posed no more danger to anyone than it
would have if he had stayed in the vehicle, with his hands on the
steering wheel. Contrary to what has been stated by
some sources, LaVoy was not “charging” anyone. He appears to have been shot in the back, with his hands in the air.
It
is our understanding that according to applicable law, the use of
deadly force is justified only if there is a genuine threat of death or
serious bodily injury. It is our understanding and position that deadly
force should only be used as a last resort. In LaVoy’s case it appears
that they were determined to go straight to the last resort. It is our
understanding that the U.S. Supreme Court and Ninth Circuit Court of
appeals have ruled as follows:
“The reasonableness of [officers’]
actions depends both on whether the officers were in danger at the
precise moment that they used force and on whether [the officers’] own
reckless or deliberate conduct during the seizure unreasonably created
the need to use such force.”
"[W]here an officer intentionally or
recklessly provokes a violent confrontation . . . he may be held liable
for his otherwise defensive use of deadly force.” Although officers may
claim self-defense, they may still be liable for using excessive force
if their reckless and unconstitutional actions create the need to use
excessive force.
It is our understanding that in addition to shooting
LaVoy multiple times, after he was left lying harmlessly on the ground
the officers also fired upon his truck and the passengers in it, putting
them all at risk, despite the fact that they were posing no threat to
anyone.
The video clearly shows one of the windows being blown out. It has been
gut- wrenching for our family to view the video of LaVoy being shot,
and then left to lie in the snow while a whole army of so-called “public
servants” terrorized the others. We can only hope their families never
have to watch such a thing. We will be interested to inspect the
vehicle. We will also be interested to see the autopsy report.
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