The Death of Lavoy Finicum in Oregon

I have placed 42 still photos from the FBI video of the apprehension of the Bundy brothers and the individuals with them in Oregon in the very early morning hours of January 27, 2016, where Lavoy Finicum, one of the people protesting with the Bundys, was killed. All of those photos are on the following Flickr album:

The video that was released by the FBI, showing the entire episode from the point of view of an unmanned drone which was circling overhead, can be found on YouTbue here:

It is a hard video to watch. Lavoy Finicum was a successful rancher in his mid fifties from Arizona, a father of eleven children, and a grandfather of numerous grand children. He was paasionate about the United states, its constitution, and his liberty and that of his family and fiends...and all Americans.

I am aware of, and am sympathetic to the issues that the Bundys, LAvoy, and the others raised. There is broad over reach by the Federal Government when it comes to property rights and other issues in the nation, and in the Intermountain West specifically. I was personally very involved in a similar incident at Klamath Falls, OR, in early 2001 that extended through the summer there. In our case we were not armed, but we were face to face with federal lawn enforcement who were.

In this case, the Bundys and those with them had occupied a Wildlife Refuge that was closed for the Winter near Burns Oregon. Thye were armed but indicated ovr and over that they sought no violence, but would protect themselves. They had been invited to a meeting in John Day Oregon, about 70 miles from where they were located, to meet with a sympathetic Sheriff there and other supporters. There are reports...that have not been confirmed...that they had been offered safe passage to go to that meeting. This would not be surprising because they had been allowed to come and go to and aattend other meetings in the area to that point.

A little after 12:25 AM, as the two cars containing eight of the group (a Jeep in the back with Ammon Bundy, the group's leader in the back, and a white four door pickup truck driven by Lavoy Finicum and including Ammon's brother in the front) passed a side road. In th epciture you can see several things right away that put to rest the bizarre notion advanced by the Sheriff in Harney County and the FBI that the Oregon Highway Patrol made a routine traffic stop of these vehicles.

At that point we see from the video that an aircraft, likely, an unmanned drone (UAV) with obvious infrared surveillance capabilities (this wa sjuts after midnight), was in the air in that remote area. Since when does such an aircraft patrol remote areas of Oregon? In addition, as the two cars pass the side road, you can see nine or ten State and Federal vehicles lined up on the side road waiting for them to pass. Since when are noine or ten Federal vechilces parked on a side road in remote Oregon just wainting for a routine traffic issue?

This was not routine. This was an ambush where the Bundys were lured out of the refuge and ewas set up to capture them. It speaks to betrayal, by the Sheriff, by the FBI, and probably by someone within the Bundy group.

Within a minute and a half both cars are pulled over. The video focuses on the lead car, but we know that after being stopped, the trailing car was approached and the three men in that car, including Ammon Bundy were peacefully taken into custody.

By then it had been several minutes. Before the officers, who can be seen with weapons drawn and surrounding their own vehicles behind the lead pickup truck can make specific demands of Finicum's vehicle (apparently they were waiting fo word that the other vehcile had beens secured before proceeding), Lavoy Finicum decides to rapidly drives away. It was a fateful...and ultimately fatal, decision.

It is not what you would call a hot pursuit. It does not appear that any shots were fired. You can clearly see the back window of the topper on the truck and its front windshield before it leaves and they are intact. The chaser vehicle is several seconds behind them.

Why? Because a mile up the road, as the video shows, law enforcement had already established a road block just in case. Three cars wait there, with approximately ten individuals.

As Lavoy approaches, he immediately veers to his left to try and pass. One of the law enforcement personnel gets out of one of the vehicles and positions himself next to the road, I am sure at the edge of the pavement, so that Lavoy would veer further into the snow. This was a dangerous move. It all happened in just 2-3 seconds. Finicum does veer further off the road onto the shoulder and into the snow which is piled up on the side of the road.

As Lavoy gets out, the law enforcement vehicle chasing them approaches the road block.

Lavoy by then is away the vehcile and has his hands up and is approached by one officer to the right of the picture who has a weapon drawn at 12:34:58.

Lavoy appears to reach for to his side, towards his his hip at 12:25:02. It does not appear that the law officer shoots. Some people believe the law officer had tased Lavoy at that point and that is why he appeared to reach down. We simply cannot tell from the video.

Another officer approaches Lavoy on the left at 12:35:03, from out of the trees, and Lavoy turns toward him.

Again, at this point, Lavoy appears to reach down at 12:35:05 as that officer extends his left arm and hand toward him.

Was Lavoy tased there? We cannot say from this video. Whatever the case, immediately after reaching down this second time, Lavoy appears to be shot at 12:35:06 by the pofficer to the left.

He then falls to the ground at 12:35:07. Except for one brief movement of his arm, Lavoy does not move again.

I do not see evidence in the video that he is shot multiple times after being down. I do see the officers lower their weapons and walk around him, keeping their eyes on him as they go to their vehicles to continue the apprehension of the other three people in the truck.

For the next several minutes several things occur. You see at least three flash bangs go off. One above and behind the truck at 12:35:27, another right next to the truck at 12:35:32, and a third in the air in front of the truck as 12:35:33. Here's the one going off to the side of the truck at 12:35:32.

Looking at the windows, you see what might be one or two bullet holes in the front window at 12:36:36...but it is hard to say. It certainly has not been shot out. The same is true for the rear window. Compare the pcitures here and on Flickr to the earlier ones showing those windows (front and rear) ealrier when there had been no shooting. You can see the same things sitting on the dash.

At 12:40:45, the second person (Ammon's brother) is getting out with his hands raised. Apparently he had been wounded in the arm by gunfire...either directed a Lavoy earlier, or directed at the vehicle at some point.

A picture soon after taht, at 12:41:13, makes it clear that the topper window on that side is shot out, and the back seat passenger window on that side has also either been shot out or rolled down.

By 12:47:00 all three are out and it is then that the officers approach Lavoy's body. 12 minutes after he had been shot.

Once officer kneels down and removes Lavoyâ€™s hat on the video, letting it fall to the snow. He appears to call another officer over who kneels down and takes a look at Lavoy too. I presume at this point they determined that he had died.

There are many who, in the emotion and anger of the moment, are calling this an assassination. As a person who has been on the front line in a similar incident, I honestly cannot say that it appears that way at all.

They Bundyâ€™s vehicles were stopped. Lavoy, for whatever reason, chose to drive away from law enforcement who had stopped him. When reaching the road block a mile or so up the road about a minute, or a little more later, he tried to go around it through the snow.

One officer was put in mortal danger when he attempted to position himself on the pavement next to the road and force Lavoy further off. This all happened in about two seconds. I am sure Lavoy did not see that officer when he veered to the side, and it is clear that he made no attempt to run the man down. Rather, he veered further into the snow...which I believe was the officer's intent, and got stuck.

Lavoy immediately exited the truck. Though most of the time he had his arms raised, he did reach down to his side twice. Was he tased and that caused it. We simply do not know. At that point it was a mortally dangerous situation. In such a tense standoff, where law enforcement believes you are armed and dangerous, anything but getting down and spread eagled is a recipe for disaster.

What most certainly can be argued, and should be argued, is whether any of this takedown was necessary at all.

To that point the Bundys had not endangered anyone. They had not attempted to attack or threaten law enforcement. They had been allowed to come and go to various meetings...and apparently were supposed to be allowed to go to the one in John Day they were headed towards.

If they had been allowed to do so, one man would not be dad...a 56 year-old man, father of eleven, grandfather of numerous more, and a successful rancher from Arizona, and another man would not be wounded.

I hope and pray that the court proceedings focus on that. As with Ruby Ridge ad Waco, irrespective of whatever minor infractions, I believe we will all find again, that it was unnecessary and that lives were lost and people were killed that should have gone on living.

And the protests against the Federal encroachment will continue...and I hope they do, and I hope that more people are made aware of it and get involved...so that these people, including Lavoy, will not have died in vain.

See the following links for some of my "straight talk" messages to all Americans:

You said yourself that he reached towards his waist on two occasions. Police in Cleveland shot a 12 year old boy for less justification than that and that was ruled a justified shooting. This would appear to be the same kind if situation, and probably result in the same type of ruling.

I agree.

Law Enforcement (including local state and federal) decided to escalate it and end it at whatever cost.

To this point Bundy and the people with himhad threatened no one with harm.

I also believe that they had been given safe passage to John Day as a ruse to lure them out to that remote road.

I also hope and pray...and demand...that the legal proceedings focus on just what you have said.

These people focuses a light on things that are critical and important for anyone who loves this nation, its constitution, and the liberty if affords.

We must make suire their sacrifice is not in vain.

And one more thought after reading the Feds statement: The LEO’s had been briefed that the group was probably armed. According to their statement he attempted to reach inside his jacket twice and then after he was dead they did find a 9mm in that jacket pocket. At no point apparently, did the firing officer(s) see a gun.

Assuming that is all true, here’s my question. Why do domestic LEO’s have lesser rules of engagement against U.S. citizens than our troops do when dealing with jihadis?

[[They were going to a meeting with a SHERIFF.]]

Where it must be pointed out they would very likely have been made to disarm before meeting with the Sherrif- it likely was a meeting to surrender=- odd behavior once again for such a dangerous man who stated he would die before being arrested- and the fact he came out of the vehicle hands up in a passive gesture-

There was no need for this confrontation and death

No shots fired by Levoy?

Law enforcement has to be fired on first? Because if that's the case then what about the dozens of police shootings that have been in the news where they were not fired on, and those have been ruled justifiable?

Shooting a man in the back.

If he thought his partner was in danger then what should he have done?

I believe that the officers on the ground...presuming that the video is accurate and I believe at this point it is...were left with little choice.

Lavoy fled a stop by law enforcement.

He tried to avoid a road block set up be law enforcement.

In coming as close as he did to the one officer who stepped out to try and stop him, he risked that officer’s life.

When he got out of the vehicle, instead of getting down and lying prone with his hands out, to show no possibility of a threat, he acted erratically.

He appeared on two occasion to lower his hands and reach to his side.

I clearly believe this situation should never have developed...but it did, and the officers on the ground, given all of this, were left with little choice.

It is tragic...a good man is dead who should not be dead.

The major decisions putting those officers there need to be aggressively reviewed and in the light of day examined for criminal negligence.

But the officers there at the scene, at least in my opinion from this video...did not execute or murder this man.

However, the operation from start to finish was unnecessary. There was no reason those folks had to be confronted.

From the names that have been mentioned it appears that a lot of the leaders of those holding the federal facility - Bundy, Finicum, others - were in this convoy. It's likely that the operation was launched with the intent of grabbing them all at once and ending the standoff by cutting off its head. Hence the confrontation.

[[I also believe that they had been given safe passage to John Day as a ruse to lure them out to that remote road.]]

If this truly is the case, then this fact alone escalates this to another level- especially in light of the fact that, as you point out, no violence had occurred AND the fact that the group was going to meet peacefully with the sheriff

[[We must make suire their sacrifice is not in vain.]]

Unfortunately it will be in vain as not many people will bother looking into the facts, and the ones that do will be labeled ‘conspiracy theorists’ or ‘anti-gubmint wackos’ and the public will be fine with either of those two conclusions and will simply accept whatever the police state happened after their ‘investigation’ - Had this been a black man who was shot like this however, it would be a whole different ballgame

No, Sheriff Palmer in Grant Country was sympathetic to these people and had already spoken on their behalf. He was viewed, and in fact was, an friend.

I doubt that they would have been disarmed, and if they were meeting with him as reported, I doubt it was specifically to surrender.

He may have advised it at that point, but only after a very honest conversation.

Rubber bullets against a man who had been seen armed and had announced he wouldn’t be arrested alive? A man who was feeling a stop by LEOs?

I’m on the ranchers’ side in the land fight but Lavoy got himself killed by way of a string of dumb acts.

He said he wouldn’t be taken alive and he made sure that happened. Luckily he didn’t kill anyone during the episode.

And they were going to a meeting with a sheriff and would have disarmed during that meeting

And the so-called “federal building” they were occupying was a firefighter shack in a park closed for the winter with no one around.

totally unnecessary

Thanks for your post Jeff. Interesting and insightful analysis.

I question whether or not this whole event, orchestrated by law enforcement, was even necessary. It placed everyone’s lives in potential danger, and all t took was one wrong move, whether intentional or not, to cause a man to lose his life.

Unnecessary action and frankly, over-reaction by law enforcement has become the norm, and I make that statement while sitting in the murder capital of the United States, Chicago Illinois. I passed through the second worst gang and drug infested neighborhood in the city to get to work today.

I don’t know who my life is in more danger from: the Chicago Police and their shoot first, cover it up later mentality, or the gang bangers. My heart skips a beat and my stomach sinks at the sight of both.

“Itâ€™s odd to say that and then exit the vehicle with hands up.”

Yeah, but notice, he never stops moving after he exits the vehicle.

Anyone who has seen a few episodes of “COPS” knows, even without hearing the audio, that those officers would have been instructing him to get on his knees, get on the ground, etc. Yet he is ignoring those commands and continuing to move away from the police and towards the treeline. So it seems to me that he had no intention to comply with the police.

[[When he got out of the vehicle, instead of getting down and lying prone with his hands out, to show no possibility of a threat, he acted erratically.]]

There may have been a very good reason for this- IF they had been firing at the vehicle, He was likely getting himself as far away fro mthe vehicle as possible to try to protect the occupants of the vehicle by drawing fire away from the truck

[[Lavoy fled a stop by law enforcement.]]

There may be a reason for that too- according to witness- the stopped vehicle was fired at several times-

[[In coming as close as he did to the one officer who stepped out to try and stop him, he risked that officerâ€™s life.]]

Actually, the officer is the one who reacted recklessly- (perhaps because he thought the truck was going to hit the vehicles and push the vehicle into him)- it is clear fro mthe video that Finicum tried to avoid the vehicles, and was braking- I saw nothing intentional about his driving that might have indicated he tried to hit anything or anyone

[[He appeared on two occasion to lower his hands and reach to his side.]]

Again, why? TReaching for gun? Was shot with stun gun? Was shot with real guns?

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.