Police: Shooting of Oregon occupier justified

The fatal shooting of Malheur National Wildlife Refuge occupier Robert "LaVoy" Finicum by police was justified, according to investigators.

Finicum, 54, a leader of the 41-day occupation, was shot during a traffic stop in Harney County as police attempted to arrest him and other occupiers. He was shot three times in the back, authorities said.

Days after the shooting, the FBI released a statement and aerial video of the incident. The video appeared to show Finicum reaching for a loaded pistol in his jacket when he was shot.

Deschutes County Sheriff Shane Nelson said at a press conference Tuesday that a total of eight shots were fired during the incident, six by Oregon State Police troopers and two by FBI agents.

Malheur County District Attorney Dan Norris added: "Of the eight shots fired, the six fired by the Oregon State Police were justified and in fact necessary.”

A statement released by the FBI's Oregon office said Finicum's actions "certainly justified the use of deadly force by law enforcement."

During the course of the use of deadly force inquiry, investigators found two unaccounted for bullet holes in Finicum's vehicle. Authorities believe those shots were fired by two FBI agents who are members of the elite hostage rescue team.

Bill Williams, Oregon's top federal prosecutor, said those FBI agents are being investigated for failing to report that they discharged their duty weapons during the operation. The investigation is being conducted by the Office of the Inspector General, an independent entity within the U.S. Department of Justice, in conjunction with state and local law enforcement.

Gov. Kate Brown said in a statement that the agents' potential misconduct raises troubling questions.

The names of all officers involved in the shooting are being withheld, Norris said, citing death threats against the officers.

The jailhouse interview with Ammon Bundy

Tuesday's press conference marks the first time new information has been released since the FBI's press conference following the Jan. 26 shooting. Evidence released by law enforcement offers a window into the final moments of Finicum's life and of how he was killed.

After announcing that the shooting was determined to have been justified, officials from the Deschutes County Sheriff's Office, Malheur County District Attorney's Office, U.S. Attorney's Office and the FBI went over the incident in detail.

Video and audio footage, which was taken by refuge occupier Shawna Cox from within Finicum's truck, shows that after Finicum pulled over, he yelled at police, "You back down or you kill me now. Go ahead, you put the bullet through me. I don’t care."

The video then shows Finicum driving his truck away at high speed, towards a police road block about a mile from where the traffic stop occurred. Police said Finicum was traveling more than 50 miles per hour when he crashed into a snow bank next to the road block, nearly hitting a law enforcement officer at the road block.

"Under Oregon law, Mr. Finicum was using his truck as a dangerous weapon," Norris said.

Harney County Sheriff Dave Ward no stranger to battle

The recordings then show Finicum exiting his truck and being ordered by police to get on the ground. Authorities said an Oregon State Police trooper in front of Finicum was preparing to fire a taser to subdue him. The trooper apparently did not fire the taser because Finicum was out of range. At this point, the video appears to show Finicum reaching for his left pocket as police are commanding him to get on the ground.

FBI special agent in charge Greg Bretzing told reporters that law enforcement knew Finicum carried a gun on his left side. After the shooting, a loaded 9mm pistol given to Finicum by a relative as a gift was recovered by police.

As Finicum is surrounded by police and being told to get on the ground, he raises his hands and then lowers them several times. In the audio recording of the incident, Finicum can be heard repeatedly saying "You're gonna have to shoot me."

As he is reaching for his pocket, Finicum is shot in the back by two Oregon State Police troopers. Authorities said Finicum was shot once in the lower neck area, once in the left shoulder and once in the right side of his torso.

Law enforcement then moved in to arrest the other protesters still in Finicum's vehicle. Ryan Bundy, one of the occupation leaders, says plainly, "LaVoy's dead."

Finicum's widow, Jeanette Finicum, on Tuesday rejected authorities' conclusion that her husband's shooting was justified and said she is talking with attorneys about taking her family's fight to court.

Speaking to reporters in St. George, Utah, Jeanette Finicum said she believes her husband was shot with his hands in the air trying to surrender. She argued he was reaching to his side as a reaction to the pain of being shot.

Revelations that FBI agents at the scene failed to disclose their own shots may continue to fuel debate about Finicum's death.

"Now we know why a video with sound wasn't released immediately," said Lissa Casey, Bundy's attorney. "If it was, the public would have heard the shots that the government didn't want them to hear."

The Associated Press contributed to this story.

gfriedman2@statesmanjournal.com, (503) 399-6653, on Twitter @gordonrfriedman or Facebook.com/gordonrfriedman