BEND - The results of the police investigation into the shooting death of Robert "LaVoy" Finicum contrast with claims made by witnesses and Finicum supporters since the Jan. 26 shooting.
Finicum was shot as he tried to evade arrest on a rural highway 20 miles north of Burns. He was among leaders of the Malheur National Wildlife Refuge on their way to a community meeting in nearby John Day to talk about their cause.
Here's a comparison of the claims versus the investigative findings:
Claim: Police trapped Finicum in an ambush intending to kill him.
Investigation: Investigators said operation planners devised a traffic stop to safely take the occupation leaders into custody. Oregon State Police shot and killed Finicum only when he appeared ready to use deadly force.
NO TIME TO STOP:
Claim: Finicum had no chance to stop when encountering the roadblock, forcing him to drive off the road to avoid a collision.
Investigation: Investigators calculated Finicum had 862 feet - nearly the length of three football fields - to stop once he saw the roadblock. A state police van chasing him did manage to stop. Investigators experimented twice, replicating Finicum's estimated speed, and concluded he could have stopped.
FINICUM AND WEAPONS:
Claim: Finicum was unarmed when he was shot.
Investigation: Police found a 9mm Ruger semi-automatic handgun inside Finicum's left jacket pocket. The gun was loaded with a round in the chamber, meaning it was ready to fire. He had two magazines in his right jacket pocket.
HANDS UP OR HANDS DOWN:
Claim: Finicum had his hands up in surrender when police shot him.
Investigation: Investigators said that three times, Finicum had his hands up but lowered them and reached toward his concealed handgun. He was shot after he lowered his hands the third time.
Claim: In motions caught on FBI video, Finicum reached for his side after he was shot there by police. He wasn't reaching for a gun.
Investigation: The state autopsy showed Finicum was shot three times in the back. He had no gunshot wound on his lower left side, the report shows.
WARNED OR NOT?
Claim: Finicum was shot without warning by police while he tried to surrender.
Investigation: State troopers ordered Finicum out of his truck when he initially stopped on the highway. Later, after he crashed, troopers ordered him at least three times to get on the ground.
Claim: A private autopsy of Finicum showed he had been shot nine times. (Finicum's family has said it had an autopsy done, but hasn't released the results.)
Investigation: The state autopsy identified three bullet wounds.
Claim: The last three people remaining in the truck endured a hail of more than 100 bullets fired at close range by police.
Investigation: After Finicum was shot, FBI agents fired several nonlethal "sponge" rounds, the equivalent of a beanbag round, including several that hit a truck window and bounced off. The agents also fired several nonlethal pepper spray rounds karienaamalina azithromycin and deployed a half-dozen "flash-bangs." Ryan Bundy suffered a minor shrapnel wound but the other two passengers needed no medical care.
-- Les Zaitz
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