LaVoy Finicum's Wife Jeanette and Their Children File A Complaint In Oregon Federal Court On The One Year Anniversary Of His Murder
|LaVoy Finicum at a cattlemen meeting organized in opposition the proposed Grand Canyon Watershed National Monument, Moccasin, Arizona, May 1, 2015|
I remember with deep sadness this day, January 26, 2018, the one year anniversary of the assassination of one of my heroes LaVoy Finicum. I didn't sleep for three days as I worried and searched for information about his demise. I was one of those who followed the events of the protest at the Harney County Resource Center religiously, otherwise known as the Malhuer Wildlife Refuge. I was suffering a great illness days before the rally for the Hammond's in Burns Oregon, which continued throughout the protest. I had trouble finding enough strength to sit up. I was prompted to get up out of my bed and look at my phone. I checked my accounts and opened up twitter and shortly found a video, which I watched, but ignored for a short time before acting upon doing anything. After not finding much else I decided to re-tweet the video asking for help on the Hammond's behalf. I try to bring a voice to things I think are important to the cause of liberty like property rights, so I sent it out to my followers. I thought that was it and went back to bed. My mind would not let me find rest again, so I said in my mind, "OK, what do you want me to do"? I got back out of bed, went back to my phone, while lying on the floor feeling deathly ill, I started searching for information about what was going to take place in Burns and "who are these Hammonds"? I searched and searched finding out bits and pieces about these subjects. And finally, hours later, began to come to an understanding about the Hammond's and their situation. I went back to bed and could not rest. I finally said, "OK, what do you want me to do with this information"? I was told, "write something". It wasn't until after I started compiling my post that I heard Ammon repeat those words, "I was told to write something". I had my post ready for publishing on January 2, 2016 but I had put together some videos I wanted to include but was having great difficulty in getting them uploaded. I was still very ill, but went to a UTGOP meeting at the local library a few days later, one I could have missed as I sat there listening to people just wasting my time because the presenters were not prepared, but I did see a few of my friends there and was able to tell them about my upcoming article, as I knew they would all be interested in the battle for property rights. I told them I was having some trouble with the video but it would be up soon. I told them it had to do with the biggest news story to break in the last 2 days! It took me a few days but the post was finally published. I didn't have to "remake the wheel" so I updated it with the breaking news.
Long story short, I was glued to my computer continuously searching for the most recent information on the happenings 35 miles from the town of Burns Oregon, despite my illness! I was able to watch a lot of what was going on through Pete Santilli's live feed. I published no additional posts until the ambush on a cold snow covered mountain on the road to John Day. I knew from watching the live video something was going down, in a bad way. I knew two people had been shot and one may be fatal, I watched live as cameras were outside the local hospital awaiting ambulances. I could go on with the details that culminated in Pete Santilli being surrounded outside the Sheriff's Office/FBI Compound in Burns as he asked them questions but some of you may be aware of all that. After Pete's feed went silent, I came upon Mark McConnell's phony story about what happened on the mountain. I didn't believe a word. It was difficult to find information after that.
Almost 2 days later the FBI came out with their press conference with Harney County Sheriffs and Oregon State Police. It was their version and I didn't believe a word! All I knew was that they wouldn't even say LaVoy's name out loud for three days. It was all process of elimination to know who was shot dead, and the video that was released about a day later said it all! I put together a short video and waited for more information to come out, and it did.
So, sparing you all the gory details from my perspective, we come full circle with the Finicum Family Attorney, Morgan Philpot, filing a Civil Complaint and Request For A Jury Trial on the anniversary of LaVoy's death January 26, 2018. The Complaint lists as Plaintiffs - United States Of America, the FBI, BLM, Special Agent In Charge Daniel P. Love who was ultimately fired for ethics violations, BLM Office Of Law Enforcement Security Salvatore Lauro who failed to report abuses by Dan Love, Harry Reid former Senator from the State of Nevada who labeled Bundy Supporters "Domestic Terrorist", FBI Agent In Charge Oregon Greg Bretzing who was second in command at the Utah office of the FBI previously and was reported to have been responsible for national security breaches, fraud and corruption and more. Joseph Atarita who apparently fired the shot that entered LaVoy's truck roof upon his hitting the snowbank and shattered the rear window. The State of Oregon, Oregon State Police, Oregon Governor Kate Brown who communicated with Valarie Jarrett to ramp up operations to "get rid of the virus". Senator for the State of Oregon Ron Wyden famous for his comment " a situation where the virus is spreading" being scrubbed from the internet. Harney County, Dave Ward who was appointed sheriff at the time, Steve Grasty who was on the County Council and also held the position of "judge" according to the residents of Burns a clear violation of the constitution and separation of powers doctrine. The Center For Biological Diversity headed by Kieran Suckling who staged protests at the refuge and continues to infiltrate property rights groups trying to catch them saying something he can use against them later (shown in several videos interviewing Ammon, Ryan and Cliven in the case in Nevada), and "John Does" 1-100 (those the government continues to hide from the public as to keep their criminal behavior silent).
|Click the above document to read it in full.|
The document outlining the Complaint is riveting and everyone should read it. It is the story of a government at war with its' people. I have included several videos that help tell the story associated with the Complaint.
|Multi Level Coverup In LaVoy Finicum Shooting - Todd McFarlane||Click to Listen.|
|Todd MacFarlane Interview with Peter Wells "The Final Days" Oregon Standoff. Click to Listen.|
January 9, 2017
Arizona road to be named after LaVoy Finicum
Members of the Mohave County Board of Supervisors approved a request Monday to rename a local road after LaVoy Finicum, the Arizona rancher who was involved in the occupation of the Malheur National Wildlife Refuge near Burns, Oregon, last year.
A portion of Yellowstone Road in Cane Beds is set to be renamed after Finicum, an outspoken gun rights advocate who often spoke publicly against what he deemed as government overreach.
Finicum was shot and killed on Jan. 26, 2016, at a roadblock on a rural Oregon highway. Law enforcement officials claim they opened fire as Finicum, who was well-known to carry a firearm, reached toward his pocket, while video taken from inside Finicum’s truck shows bullets flying as Finicum exited his vehicle with his hands in the air. The incident remains under investigation.
“He was willing to take a stand for things that most people will never have the courage to do,” said Jennifer Jones-Esposito. “We should never forget what happened to LaVoy. I would erect a monument in his honor if I could afford to do it personally, but changing the name of this one road is absolutely the very, very least we can do to honor his memory.”
|Click the Photo To Watch the Ribbon Cutting Ceremony|
February 2, 2018
U.S. District Court Justice Robert C. Jones declined to dismiss the five charges against FBI Agent Joseph Astarita who is accused of lying about firing two shots at LaVoy Finicum Oregon Occupation Spokesman. Jones said there is evidence to justify a dismissal of any of the counts at this point. Jones called the motion "premature". Astarita and his Attorney's claim several of the charges are "needlessly repetitive", and will "prejudice the jury". Astarita has plead "not guilty" to all charges. There were some interesting revelations in the documents filed with the court. Here are a few.
There were at least two planes overhead during the ambush. The FBI HRT requested that no body cams be turned on during the conspiracy to apprehend the individuals in the two vehicles traveling up a secluded mountain road on their way to John Day, a neighboring County. The FBI suggested that local Law Enforcement to the investigation after the ambush event. Joseph Astarita lied in when asked on scene by a fellow LE Officer about firing on LaVoy's truck at the kill stop. The other two men also said they "did not shoot". Astarita also lied about picking up his own shell casings on scene after being asked if he fired his weapon. Three Officers were interviewed, including Astarita, and their interviews were not recorded because they were considered "witnesses" instead of "shooters". The SIRT recommended a full investigation by the US DOJ (OIG). The men were also only interviewed as a group, not individually. Astarita gave no audible answers in a following interview with his two cohorts. The Attorney, only appearing by speaker phone, stipulated that the men not be asked questions they were asked in the previous interview, only new questions were allowed. It was noted that "the group interview was odd and problematic". There are five exhibits filed but under seal relating to this incident. The documents state that "the Bundy's were taken into custody", which is not totally correct because we knew there were not warrants produced until the following day AFTER they were whisked off to Portland. A record of conversations by the FBI/OSP with Joseph Astarita are redacted from the court documents. Astarita has been charged with three counts of making a false statement, and two counts of obstruction of justice. Astarita says counts 1-3 are multiplicative and counts 4-5 are multiplicative of each other, and 2 and 5 fail to state an offense. The documents state that if you make a false statement to two separate people there's a count for each indictment.
As a caveat, if the officers weren't led to believe that the individuals traveling to John Day to teach the constitution to a segment of the community were "armed and dangerous", maybe Joseph Astarita would not have had to lie about being so "trigger happy" and firing on sight! Astarita removing evidence from the scene of the crime taints the whole case and investigation in an agent involved shooting, but he, among others, should be held accountable.
|Click the Photo to Watch the Video.|
For anyone interested in attending pretrial hearings and the trial for FBI Agent Joseph Astarita who fired shots at those in the truck with LaVoy Finicum and then lied about doing so, the court dates are:
5/21/2018 - 9:30 Oral Arguments
7/16/2018 - 9:30 Pretrial Conference
7/24/2018 - 9:00 Trial, Jury
Judge Jones Rm 10A
Mark O. Hatfield US Courthouse
1000 SW 3rd Ave
Many concerned Americans plan to attend this trial. Please join them if you can. Injustice anywhere is a threat to Justice everywhere. Keep in mind Agent Astarita has not been incarcerated during the 2+ years since the alleged crimes were committed: attempted murder, concealing evidence, obstruction of justice and impeding a federal investigation. While those detained from Bunkerville and Oregon, who never harmed a hair on anyone's head nor fired a weapon, were denied bail and were incarcerated, some for almost 2 years. It appears the government is more concerned with civilians who carry constitutions than they are with public servants who fire guns at Americans armed with the truth whose hands are up.
#justiceforLavoy #freethehammonds #freethepatriots
As Jeanette Finicum and her family have searched for Attorney's that would fight hard for justice for LaVoy, first teaming with Todd MacFarlane, then Fred Kelly Grant, Jeanette is voicing her confidence in her current legal team Morgan Philpot and Rick Koerber. Her Jeanette's endorsement in the video below.
July 16, 2018
Judge throws out 2 of 5 charges against indicted FBI agent one week before trial.
A federal judge Monday threw out two of the five charges against an FBI agent accused of covering up that he fired two rifle shots at the truck of Oregon refuge occupation spokesman Robert “LaVoy” Finicum at a roadblock in January 2016.
U.S. District Judge Robert E. Jones struck one count of making a false statement and one count of obstruction of justice against W. Joseph Astarita.
The agent still faces three charges a week before his trial is scheduled to start, two other counts of making a false statement and one other count of obstruction of justice.
The Oregonian reports-
Jones dismissed Count 2, alleging Astarita made a false statement by giving a snide response at the shooting scene to a FBI supervisory special agent who asked him if he was OK and “Did you shoot?” Astarita replied, “You don’t got to ask me that, bro” or “You know you can’t ask me that right now, ” according to prosecutors.
The judge ruled that Astarita’s flippant remark didn’t constitute a false statement.
The judge also dismissed Count 5, an allegation stemming from a Feb. 6, 2016, second interview by state police of all the FBI Hostage Rescue Team (HRT) agents who had been at the shooting scene. The FBI had demanded that the team members be interviewed as a group, that the interview not be recorded and that investigators not repeat questions previously asked. State police obliged.
When asked if any of the agents had fired shots on Jan. 26, 2016, supervisory FBI special agent, only identified as “B.M.,” responded that none of them had fired shots. Astarita’s silence at the interview can’t be construed as obstruction of justice, the judge found.
Prosecutors will argue in the trial next week that forensic evidence, as well as audio and video recordings, will yield one conclusion: Astarita fired the disputed shots at Finicum’s truck and then lied to FBI supervisors and state police investigators.
“Only the defendant was squarely in position, with his rifle shouldered and pointing toward Finicum’s truck, when those shots were fired,” Assistant U.S. Attorneys Gary Sussman and Paul Maloney wrote in a trial brief.
Astarita’s lawyers will counter that the government’s case is based on weak circumstantial evidence and unreliable forensic analyses riddled with errors. They’ll argue that the shots could have come from a number of other officers, in particular a state police SWAT officer who fired five other bullets that day, including two that later struck and killed Finicum.
“The government has no eyewitness who will testify that they saw Special Agent Astarita shoot. The government has no video recordings showing that Astarita shot. And the government has no ballistics evidence matching a bullet to Special Agent Astarita’s firearm,” defense lawyers wrote in their trial brief.
The case will largely pit the credibility of local law enforcement investigators against that of the Hostage Rescue Team agents, defense lawyers said.
Of 300 jurors summoned, 118 will be available for jury selection. They’ll be asked to answer a written questionnaire at 8 a.m. next Tuesday before attorneys question potential jurors in court. The trial is anticipated to last four weeks.
Deschutes County sheriff’s investigators will drive Finicum’s truck into the federal courthouse sally port at some point during the trial so jurors can view it and watch a government expert show how he used his so-called “rocker point” bullet trajectory analysis to determine where the disputed gunshots came from. (Note: The Finicum Family has been denied possession of this vehicle immediately following the Assassination of LaVoy Finicum. This refusal to release the personal property to Jeanette has persisted long before charges were filed against Astarita. If the vehicle is produced to the Jury it may still be excluded from the Finicum Family).
Astarita is listed as a potential defense witness, but his lawyers said they haven’t decided whether to call him. “It will be his decision at the end of the day,” defense lawyer David Angeli told the judge during Monday’s pretrial hearing.
Astarita joined the Hostage Rescue Team in April 2015, about eight months before the shooting, after serving on the New York FBI SWAT team, according to his lawyers. He has never fired his gun while on duty, his lawyers said.
“He is one of the nation’s most elite, well-trained and disciplined shooters,” his team of lawyers wrote in court papers. “He would not have fired in these circumstances. And if he had, he would not have missed. Special Agent Astarita is innocent.”
The government also disclosed one of the potential motives for Astarita to have allegedly covered up his gunshots: It’s against FBI policy to shoot into a vehicle, other than firing at an armed suspect or the driver of a vehicle, Maloney said.
Astarita’s discovery at the scene that Ryan Bundy, a rear passenger in Finicum’s truck, had reported getting hit during the shooting may have prompted the agent to try to hide evidence of his shots, recognizing that he had injured someone in the truck, Maloney said. A metal fragment remains in Bundy’s shoulder, and prosecutors will be allowed to show jurors one photo of his bloody wound. (Note: This may explain LE/Marshall's Office attempting several times to force Ryan into surgery during his imprisonment. This may also explain some of the abuse Ryan suffered under the hands of prison "guards" while incarcerated. They wanted Ryan to undergo medical care in hopes of removing this evidence).
The judge also ruled on what evidence can or can’t be presented to a jury.
|Defense challenges government’s reconstruction|
Astarita’s lawyer Robert Cary and a defense expert say the aerial video from the FBI is so blurry and fuzzy, and impossible to rely on to determine where the agent was standing.
Last month, the judge ruled that prosecutors couldn’t use a 3D computer model produced by one of their expert witnesses that pinpointed where prosecutors suspect the agent was standing when he’s accused of firing at Finicum’s truck. The judge concluded that the expert’s presentation was based on “fuzzy smudges” from an aerial FBI video and couldn’t accurately support the placement of the agent at the scene. (And this was the purpose of the FBI releasing the edited copy of the areal video of the assassination . . . TO HIDE THE EVIDENCE)!
Since that ruling, prosecutors had their expert, Toby Terpstra, produce a revised model, which Astarita’s lawyers argued was still not admissible. The image still presented the officers’ alleged positions at the time of the shooting, but with arms, legs and heads removed from the figures.
“Taking their arms off and removing the legs of some people does not solve the problem,” defense lawyer Tyler Francis argued.
Maloney said the revised model is meant to help jurors understand the scene. “It’s going to be used to demonstrate the movement of the individuals at or near the time Mr. Finicum got out of his truck,” he said.
The judge reiterated that prosecutors must show the FBI’s fuzzy aerial overhead image to witnesses and ask them to place themselves or other officers at the scene, without using their expert’s animation of the scene.
“It will not come in as Terpstra saying this is x, y and z. Is that clear?” the judge said.
In a separate ruling, the judge ordered that a state trooper who didn’t fire shots but was at the scene can testify about what he saw and heard but can’t provide his opinion that he believed it was a fellow state police SWAT officer, identified as “Officer 1,” who likely fired the shots at Finicum’s truck, not Astarita.
“It confuses the issues,” the judge ruled. “I’m not going to allow a lay opinion.”
The judge will allow information that shell casings were missing from the scene and that an FBI aerial video caught Hostage Rescue Team agents walking around the shooting scene, looking at the ground and under trucks and some agents picking things up.
Prosecutors objected to defense attempts to show jurors multiple videos on heroic actions of other Hostage Rescue Team officers, including some rappelling down a waterfall, calling them prejudicial and irrelevant. The judge and the defense agreed, to curtail those exhibits.
The defense had hoped to call a criminology professor to testify that law enforcement officers often experience “sensory distortions” in a shooting and sometimes officers can’t recount how many times they fired shots or that they fired their weapon at all.
The judge said the professor’s testimony won’t be allowed unless Astarita was to testify that he had no memory of firing shots.
The names of the two state police officers who fired and struck Finicum, killing him, won’t be used at trial. They will only be identified as “Officer 1,” and “Officer 2.” Astarita’s lawyers had argued for the officers to be identified, noting state police and the U.S. Marshall’s Office have provided “no evidence of any specific, current, credible threats.” But the judge ordered the names withheld, citing concerns about militia threats.
FBI Agent W. Joseph Astarita was found not guilty on all charges by a Jury August 10, 2018. To learn more about what went on during the trial click here.
|Take a look back at the case of the Hammonds. Click the Photo to Watch the Video.|
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