Reckless and Negligent Actions to Kill and/or Injure Passengers of LaVoy Finicum Vehicle
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On January 26, 2016, driver LaVoy Finicum and four (4) passengers: Ryan Payne, Shawna Cox, Victoria Sharp (an 18 year old singer who had missed her ride with family) and Ryan Bundy, were traveling to John Day, Oregon, to deliver a presentation on the constitutional support of their actions. About 50 miles from their destination, they were stopped by unmarked vehicles and armed persons in civilian clothes (OSP & FBI). Upon sticking his unarmed hands out of the window, Ryan Payne attempted to communicate with individuals who had caused the stop and was immediately met by a gunshot which hit the side view mirror. Because of a "shoot now, ask questions later" intent by the shooters, the driver, LaVoy Finicum decided to try and reach the town of John Day, seeking intervention from the local sheriff. A few miles ahead, they met a roadblock and were again detained in a deep snowbank. For extensive evidence of the illegality of the roadblock, refer to https://www.facebook.com/loren.pearce3/posts/10208252511221071
Shots were fired at the truck from the beginning and even after LaVoy Finicum was neutralized, multiple shots were fired at the truck, which was stuck in the snow. Shots continued at the truck for several minutes until the screams of the passengers caused a pause. A lethal, metal bullet lodged in Ryan Bundy's shoulder, not a rubber bullet.
The acts of the shooters manifest a wanton and criminal reckless disregard for the life and welfare of the passengers who were trapped in a disabled vehicle. The shooters had no idea who the passengers were, what their intent was or if they had been killed or injured. No passenger brandished a gun nor shouted any threats, rather they pleaded for mercy and for cessation of the shooting. Law enforcement manuals and court cases across the nation severely condemn unnecessary and excessive force when passengers are present and when there is no threat of harm to the officer(s). Even when a vehicle is still operable and/or still moving, most courts do not approve of shooting at passengers. In this case, the driver was down, the car disabled and the passengers showed not the slightest hint of threat to anybody. Nevertheless, the vehicle was blasted with a barrage of lethal bullets. If the American people were to allow such behavior without severe punishment to the offenders, a new precedent would be established that puts all of our lives in danger as more law enforcement are emboldened by their immunity from punishment.
We call on Governor Kate Brown, FBI Director James B. Comey and other state and federal authorities to: 1. Protect all evidence from spoilation and tampering 2. Investigate the forensic evidence 3. Release all videos and audio recordings of the incident including that of the passengers 4. Punish the offenders, including those in charge, with the maximum penalties the law allows. For an eyewitness account please see: https://www.facebook.com/105477983124317/videos/vb.105477983124317/226748380997276/?type=2&theater
We plan to file a Criminal Complaint with the United States District Court for Oregon and seek a Federal Grand Jury Indictment of OSP and FBI and others responsible for the violation of the Rights of those in the vehicle(s) stoped in a January 26, 2016 Road Block on Hwy 395 in Oregon in which LaVoy Finicum was killed. For Violation of:
U.S.C. TITLE 18 - Section § 241. Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured - They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life.
U.S.C. TITLE 18 - Section § 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.
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