The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Saturday, August 5, 1995               TAG: 9508040010
SECTION: FRONT                    PAGE: A12  EDITION: FINAL 
TYPE: Letter 
                                             LENGTH: Medium:   67 lines

FACTS OVERLOOKED IN RUBY RIDGE STORY

You do readers a gross disservice when pieces you pick up from other papers are inaccurate or misleading; for example, the July 13 article from The Washington Post concerning the Randy Weaver/Ruby Ridge incident in 1992.

While I am delighted to read that the Justice Department is reopening the investigation into that federal fiasco, the truth will not come to light as long as the press continues to mislead on several key points. These points are essential to a clear understanding of the magnitude of law-enforcement failure and government malfeasance and mishandling of the entire incident.

First, the marshal killed was part of a covert surveillance operation of the Weavers and was on their property, hidden in the bushes in camouflage clothing. He was killed by Weaver's son and a friend of the family, in self-defense, after firing on Weaver's dog, which had alerted on the surveillance ``hide.''

In addition to the dog, the 14-year-old son (who was simply out for a walk) was killed in that brief exchange of gunfire, shot in the back by the second marshal while attempting to flee. The marshals did not identify themselves prior to firing. Court testimony resulted in a ruling of self-defense and acquittal on the charge of murder of the marshal.

In reporting the incident to the FBI, the Marshal's Service exaggerated the extent of the gun play and neglected to mention they had killed the boy. Subsequent actions by the FBI were in part predicated on their impression that the Weavers had killed their own son.

They also neglected to inform the FBI that the Weavers routinely carried firearms about the property and had presumably done so prior to law-enforcement involvement. This led to the assumption that a conventional hostage situation existed in the Weaver cabin! The rules of engagement (shoot any armed adult outside the cabin) undoubtedly contributed to the shooting of Weaver's unarmed wife, Vicki. The shooter, Lon Horiuchi of the FBI's Hostage Rescue Team (HRT), claimed to have hit Vicki Weaver accidentally, aiming instead at the adult males. Horiuchi's marksmanship qualification and selection as an HRT sniper presumes better judgment and accuracy.

If the shooter is uncertain of the hostage location or what is in close proximity to the intended target, he should not shoot. If Horiuchi was aware of the proximity of what the FBI considered an innocent hostage, the shooting was not accidental but criminally negligent.

Second, the ``heavily fortified cabin'' was in reality a plywood shack. Weaver's arsenal was so unimpressive (several .22s , a shotgun and a Ruger Mini-14 rifle) and the evidence so meager that the authorities falsified evidence to justify their excessive use of force. Their perjury in court contributed to the subsequent acquittal on all charges but a ``failure to appear'' on the original warrant.

Most important, this entire episode started with the Bureau of Alcohol, Tobacco and Firearms' attempted entrapment of Weaver on a technical violation of federal gun laws concerning the minimum legal length of a shotgun barrel! The result: Two innocents killed by government zeal to enforce a technical violation.

Remember, Randy Weaver et al. were acquitted on all charges except the ``failure to appear'' on the original warrant. The revelation of the full truth about this incident and the censure of those responsible has yet to happen.

J. D. PARRAN

Jacksonville, N.C., July 15, 1995 by CNB