This will piss a few of you off
quote: A jury found an FBI agent not guilty Friday of obstructing an investigation into who fired two errant shots at a key figure in a group that seized an Oregon wildlife refuge in 2016.
W. Joseph Astarita, 41, displayed a slight smile when the jury returned its verdict after less than a day of deliberations. He left the courthouse without comment.
Astarita was charged with making false statements and obstruction of justice after telling investigators he did not fire the shots that missed Robert "LaVoy" Finicum.
His attorneys, Robert Cary and David Angeli, stressed to jurors that no eyewitnesses saw Astarita fire his weapon, and there was no ballistic evidence linking a bullet to his rifle.
"We are grateful to the men and women of the jury who saw through a case that should have never been brought," the lawyers said in a joint statement. "Joe Astarita is innocent and it was our privilege and honor to represent him."
Assistant U.S. Attorney Gary Sussman declined comment after the verdict.
The verdict marked another high-profile loss for prosecutors in cases related to the Bundy family, which opposes federal control of public lands.
Ammon and Ryan Bundy plus five other occupiers were found not guilty of conspiracy and gun charges in a trial that ended two years ago.
Earlier this year, charges stemming the Bundys' armed standoff with government agents in Nevada were dropped.
U.S. Attorney for Oregon Billy Williams said he strongly believed the Astarita case needed to be tried.
"Our system of justice relies on the absolute integrity of law enforcement officials at all levels of government," he said.
The errant shots came as Finicum left his pickup while authorities tried to arrest him at a roadblock on Jan. 26, 2016. Oregon State Police fatally shot Finicum seconds later ? a killing that was deemed legally justified.
Investigators looking into the shooting were able to identify those responsible for six of the eight rounds fired that day. No one owned up to the other two. After an investigation, Astarita was indicted in June 2017.
Prosecutors said he was the only one who could have fired the shots. Their assertion was based on FBI aerial surveillance videos and forensic analysis tracing a bullet back to his position.
Finicum and other occupiers led by Ammon Bundy seized the refuge on Jan. 2, 2016, to protest the imprisonment of two Oregon ranchers who had set fires. President Donald Trump recently pardoned those men, Dwight and Steven Hammond.
On Jan. 26, the FBI learned that Finicum, Bundy and other key figures were leaving the refuge in two vehicles to meet with a sheriff sympathetic to their cause.
Police stopped the vehicles, and several people surrendered, including Ammon Bundy. But Finicum fled at more than 70 mph with Bundy's brother Ryan and several others, authorities say.
Roughly a mile down the road, Finicum swerved to avoid a roadblock, nearly hit an FBI agent and careened into a snowbank. Three shots, none fired by Astarita, hit the pickup during the chaos.
The two disputed gunshots rang out as Finicum emerged from his pickup and yelled, "Go ahead and shoot me!"
One bullet missed everything and was never recovered. The other struck the pickup and shattered a window.
https://www.chron.com/news/crime/article/FBI-agent-found-not-guilty-of-lying-about-gunshots-13147848.php
W. Joseph Astarita, 41, displayed a slight smile when the jury returned its verdict after less than a day of deliberations. He left the courthouse without comment.
Astarita was charged with making false statements and obstruction of justice after telling investigators he did not fire the shots that missed Robert "LaVoy" Finicum.
His attorneys, Robert Cary and David Angeli, stressed to jurors that no eyewitnesses saw Astarita fire his weapon, and there was no ballistic evidence linking a bullet to his rifle.
"We are grateful to the men and women of the jury who saw through a case that should have never been brought," the lawyers said in a joint statement. "Joe Astarita is innocent and it was our privilege and honor to represent him."
Assistant U.S. Attorney Gary Sussman declined comment after the verdict.
The verdict marked another high-profile loss for prosecutors in cases related to the Bundy family, which opposes federal control of public lands.
Ammon and Ryan Bundy plus five other occupiers were found not guilty of conspiracy and gun charges in a trial that ended two years ago.
Earlier this year, charges stemming the Bundys' armed standoff with government agents in Nevada were dropped.
U.S. Attorney for Oregon Billy Williams said he strongly believed the Astarita case needed to be tried.
"Our system of justice relies on the absolute integrity of law enforcement officials at all levels of government," he said.
The errant shots came as Finicum left his pickup while authorities tried to arrest him at a roadblock on Jan. 26, 2016. Oregon State Police fatally shot Finicum seconds later ? a killing that was deemed legally justified.
Investigators looking into the shooting were able to identify those responsible for six of the eight rounds fired that day. No one owned up to the other two. After an investigation, Astarita was indicted in June 2017.
Prosecutors said he was the only one who could have fired the shots. Their assertion was based on FBI aerial surveillance videos and forensic analysis tracing a bullet back to his position.
Finicum and other occupiers led by Ammon Bundy seized the refuge on Jan. 2, 2016, to protest the imprisonment of two Oregon ranchers who had set fires. President Donald Trump recently pardoned those men, Dwight and Steven Hammond.
On Jan. 26, the FBI learned that Finicum, Bundy and other key figures were leaving the refuge in two vehicles to meet with a sheriff sympathetic to their cause.
Police stopped the vehicles, and several people surrendered, including Ammon Bundy. But Finicum fled at more than 70 mph with Bundy's brother Ryan and several others, authorities say.
Roughly a mile down the road, Finicum swerved to avoid a roadblock, nearly hit an FBI agent and careened into a snowbank. Three shots, none fired by Astarita, hit the pickup during the chaos.
The two disputed gunshots rang out as Finicum emerged from his pickup and yelled, "Go ahead and shoot me!"
One bullet missed everything and was never recovered. The other struck the pickup and shattered a window.
https://www.chron.com/news/crime/article/FBI-agent-found-not-guilty-of-lying-about-gunshots-13147848.php
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the FBI should now be spelled FIB..wonder where they are on the respect-o-meter nowadays ........smells like a Lon Horiuchi remake 0 -
I wonder if he is still employed, and off HRT? 0 -
quote:Originally posted by grumpygy
quote:
The two disputed gunshots rang out as Finicum emerged from his pickup and yelled, "Go ahead and shoot me!"
One bullet missed everything and was never recovered. The other struck the pickup and shattered a window.
Sounds to me like he got what he asked for.0 -
quote:This will piss a few of you offThe thing that pisses me of is that another Federal killer walked away scott free just like Horiuchi. 0 -
And yet a judge ruled that they could go after the border agent who killed a mexican throwing rocks at him. 0 -
quote:Originally posted by Horse Plains Drifter
quote:This will piss a few of you offThe thing that pisses me of is that another Federal killer walked away scott free just like Horiuchi.
He didn't actually kill anyone, he missed. He was criminally charged, and tried in front of a jury. The US Attorney would not have filed the charges, secured an indictment and proceeded with a trial had they not had a desire to convict Astarita. The Prosecutor can only do so much with the evidence they are given to present. In the end the jury is the one that let this guy off the hook. I imagine the OPR found several policy violations and he's probably no longer employed.0 -
Here is my feelings on the whole Lavoy Finicum deal.
They pushed and they were armed. If you are not willing to go all the way don't pick up a weapon.
He got what he asked for.
That whole bunch is lucky IMO.
Now did the Feds do the right thing??? IMO no. They should have just left them there and cut out the media. Set up road blocks and kept them in place until they got tired and went home, no one in or out..........or started they fight.
This is what happens when you get a bunch of guys all jocked up and send them out.0 -
quote:Originally posted by Sam06
Here is my feelings on the whole Lavoy Finicum deal.
They pushed and they were armed. If you are not willing to go all the way don't pick up a weapon.
He got what he asked for.
That whole bunch is lucky IMO.
Now did the Feds do the right thing??? IMO no. They should have just left them there and cut out the media. Set up road blocks and kept them in place until they got tired and went home, no one in or out..........or started they fight.
This is what happens when you get a bunch of guys all jocked up and send them out.
Folks coming and going as they pleased this was the Fed downfall.0 -
I am not sure.
I don't know jack about what they were protesting against.
I think if these kind of situations were just isolated and people kept away they would wind down by themselves.
Its when you get to pushing peoples buttons they get their back up and start a fight.
Road blocks, spike strips and keeping people away would have DE-esclated the situation IMO.0 -
"He didn't actually kill anyone, he missed. He was criminally charged, and tried in front of a jury."
For attempted murder? NO
For lying? yes
Here's a question for those "holier than thou" cops. If a citizen shot at you and missed, what would that citizen be charged with?
This jack boot fired two shots w/o even being threatened. So, the shots missed BUT that gave every other fuzzball in attendance the OK to open fire indiscriminately.
In the following investigation, someone discovered that those two shots HAD been fired and Astarita HAD fired the shots but lied. So, after a due amount of time for things to fade into disinterest, a trial is held and the guy who opened the ball is quietly released.0 -
quote:Originally posted by Mobuck
"He didn't actually kill anyone, he missed. He was criminally charged, and tried in front of a jury."
For attempted murder? NO
For lying? yes
Here's a question for those "holier than thou" cops. If a citizen shot at you and missed, what would that citizen be charged with?
This jack boot fired two shots w/o even being threatened. So, the shots missed BUT that gave every other fuzzball in attendance the OK to open fire indiscriminately.
In the following investigation, someone discovered that those two shots HAD been fired and Astarita HAD fired the shots but lied. So, after a due amount of time for things to fade into disinterest, a trial is held and the guy who opened the ball is quietly released.
The timing of the trial has no bearing, in fact juries shouldn't be swayed by NEWS and external influences. Secondly if they couldn't get a conviction on the lying/obstruction they certainly wouldn't have gotten one for attempted murder, especially if you can't establish a motive. If they were intending to cover it up, the FBI would have just made his accounting disappear and had him write a new one explaining away the two shots. They wouldn't have had a show trial.0 -
"If they were intending to cover it up, the FBI would have just made his accounting disappear and had him write a new one explaining away the two shots. They wouldn't have had a show trial."
Waaayyyyy too many folks saw/heard those "early" shots to have them just "go away".
Just remember that once that "blue line is drawn" neither side's logic is going to sway the other side's opinion.0
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