There are conflicting accounts of this matter with the woman in the vehicle saying Finicum was not charging FBI and police.
Ammon Bundy told the story that way when he called his wife after being arrested. Ammon Bundy told his wife that Finicum had his hands up when he was shot, that he was cooperating with police.
That doesn’t fit with what LaVoy said about not going to jail - saying he rather be killed.