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PORTLAND FIELD OFFICE SHOOTING INCIDENT REVIEW

JANUARY 26, 2016

EXECUTIVE SUMMARY

Deliberative Process Privileged Document

(U//FOUO) On 01 /26/2016 at approximately 4:33 P.M. while conducting an arrest with the FBI's Hostage Rescue Team (HRT), two Oregon State Police (OSP) SWAT officers were involved in a shooting incident while attempting to apprehend suspects involved in the armed occupation of the Malheur National Wildlife Refuge. Deschutes County Sherifrs Office (DCSO) conducted the review of the shooting incident. On 02/ 19/2016 DCSO briefed Portland SAC Gregory T. Bretzing to provide results from their review which indicated two shots were taken by an unknown HRT operator or operators and questionable activities at the crime scene by HRT Operators approximately 40 minutes after the shooting incident. In response to DC O s findings, the Inspection Division (fNSD) deployed a Shooting Incident Review Team (SIRT) on 02/19/2016.

(U//FOUO) By way of background, on 10/07/2015, Dwight and Steven Hammond of Hamey County OR, were resentenced for arson on federal land and ordered to surrender on 01/04/2016. During October militia extremists, including those involved in the Cliven Bundy Ranch stand-off in Bunkerville, NV during April 2014, had contacted the Hammond to gauge their willingness to fight the federal governments sentencing order with militia assistance.

(U//FOUO) On 11/04/2015 ehicles registered to Ammon Edward Bundy (A. Bundy) and Ryan Waylen Payne along with other out-of-state vehicles were observed at the Hammond Ranch. On 11/05/2015, A. Bundy visited the Harney County Sheriffs Office (HCSO) to advise the sheriff of his role as the "constitutional Jaw officer of the county' and asked the sheriff to assist in preventing authorities from taking the Hammonds into custody. On 11/19/2015 A. Bundy, Pa)ine Pacific Patriots Network militia members and others, met with the sheriff and asked him to pick a side by Thanksgiving.

(U//FOUO) In mid-December, organized protests by militia members supporting the Hammonds began in Burns, OR. On 01/01/2016 an FBI command post (CP) was established in Bend OR to identi fy and assess potential threats during a planned protest in Burns OR on 0l/02/2016. An estimated 125-150 people participated in the protest. After the prot t A. Bundy requested people join him at the Malheur National Wildlife Refuge to take over the federal building at the refuge. The HCSO and Oregon State Police (OSP) reported 15 to 20 militia members entered, cleared and occupied the federal building.

(U//FOUO) On 01 /03/2016 Portland FBI established a forward CP in Burn TOC/tactical staging area at the Burns Municipal Airport, OC at the Bend RA and a Portland CP to a sist Burns.

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(U//FOUO) From 01/03/2016 to 01/26/2016, the armed occupants of the refuge .conducted several calls-to-action for militia support. They recruited like-minded individuals, requested supplies, stockpiled weapons, conducted swveillance and tactical training, and continued anti-government rhetoric concerning the perceived infringement on their Constitutional rights. On 01/12/2016 and 01/17/2016, Grant County Sheriff Glenn Palmer met with various militia members in John Day, OR. ·

(U//FOUO) Source reporting indicated key leadership from the refuge, including A. Bundy, Payne, Ryan C. Bundy (R. Bundy), Brian David Cavalier, and Robert Lavoy Finicum, would be leaving the compound in two vehicles to meet with Sheriff Palmer in John Day on 01/26/2016. An Operations Order (Ops Order), planning for vehicle interdiction and arrests, was prepared by HRT and approved by SAC Bretzing and

The Operations Order included HRT and OSP SWAT Operators and planned for a felony car stop of two vehicles on U.S. Route 395. The Ops Order had a contingency plan if any subject vehicle tried to flee after the traffic stop. A separate arrest team was positioned further north on U.S. Route 395, to set a spike strip and roadblock. At approximately 3:34 p.m., two vehicles departed the refuge. The lead vehicle, a white Dodge Ram, was driven by Finicwn. Payne, R. Bundy, Shawna Cox, and Victoria A. Sharp were passengers. The second vehicle, a brown Jeep Wrangler, was driven by a CHS. Cavalier and A. Bundy were passengers.

(U//FOUO) On 01/26/2016,.at approximately 4:26 p.m., in accordance with the Ops Order, both vehicles were stopped on U.S. Route 395 shortly after passing National Forrest Road. Payne exited the first vehicle and was arrested without incident. Cavalier and A. Bundy were also mested during the initial traffic stop without incident. Finicum shouted at the arrest team through the open driver-side window, telling them several times to aim for his head and shoot him. After several minutes, Finicum and his occupants decided to continue driving north to see Sheriff Palmer, and Finicum sped away from the traffic stop.

(U//FOUO) Finicum drove northbound on U.S. Route 395 toward the contingency roadblock. At approximately 4:34 p.m., Finicum's vehicle approached the roadblock at a high rate of speed. There were four HRT Operators manning the roadblock with two OSP Officers. The HRT Operators were identified as SAW. Joseph Astarita, SSA M.F. t, SA

J.N. :, and SSA B.M. • The OSP Swat Operators were identified as Officer 1 , and Officer 3 L

(U//FOUO) Fearing for his safety and the safety of the other law enforcement officers at the roadblock, Officer 1 : fired three rounds from his .223 caliber AR-15 rifle at Finicwn's vehicle, striking the driver side, front hood, and radiator grill. Finicum veered to his left and drove into the snow bank to the west side of the vehicle blockade.

(U//FOUO) Immediately after Finicum's vehicle came to rest in the snow bank, he exited the vehicle. Video taken from inside Finicum's vehicle showed a small red dot, which appeared to be from a laser, on Finicum's left shoulder as he exited the vehicle.• Simultaneous with Finicum exiting the vehicle and shouting "go ahead and shoot me," two successive gunshots can be heard on the video. OSCO determined the first shot was a miss; however, the second shot

1 As part of its review of the shooting incident, DCSO recovered a video camera used by Shawna Cox to record the incidents ofOl/26/2016 from inside Finicum's vehicle. The Cox video provided details ofJhe shooting incident

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traveled through the roof of Finicum 's vehicle and caused the driver-side passenger window to shatter. Examination of the video showed sparks emanating from the vehicles interior roof as the window broke at the time of the shooting. The DSCO trajectory analysis traced the shot back to the roadblock area where aerial footage from two FBI surveillance planes showed HRT Operator Astarita, HRT Operator B.M. and Officer I positioned. The aerial surveillance footage showed Officer I was moving at the time of the shots. An accounting of Officer I's rounds and his post-shooting statement were consistent with DCSO's conclusion he was likely not the shooter. DCSO alleged the two shots had to have originated from one of the two HRT Operators. The SIRT could not conclusively determine which, or if, HRT Operator(s) fired based on the aerial surveillance footage and video.

(U//FOUO) At the same time, OSP SWAT Officer 2 and HR.T Operator J.O. were in OSP Officer 4 's vehicle which chased Finicum when he fled the initial traffic stop. The vehicle arrived on scene just south of the· roadblock. After coming to a stop, Officer 2 exited the vehicle and moved toward Officer 1 and Finicum.

(U//FOUO) Finicum, uninjured, continued to walk away from the car after the two shots. OSP Officer 3 appeared from the tree line to the west ofFinicum's vehicle with his taser drawn and moved toward Finicum. Finicum lowered his hands to his belt line and shouted "shoot me" and "you're gonna have to shoot me" several times. Finicum then turned toward OSP Officer 3 with his right hand moving inside his coat. As Finicum appeared to be reaching for a weapon inside of his jacket, Officer I fired two shots. OSP SWAT Operator Officer 2 fired one .308 caliber round from his AR-10 rifle. The three shots fatally wounded Finicum.

(U//FOUO) ~SO later determined Officer I fired three times at the vehicle as it approached the roadblock and twice at Finicum when he turned toward Officer 3 and appeared to reach for a weapon. DCSO determined Officer 2 fired once at Finicum at the same time as Officer 1 ~

(U//FOUO) DCSO's shooting incident investigation concluded eight shots were fired in to~: Officer I fired five; Officer 2 fired one; and HRT Operator(s) fired two. DCSO only recovered two shell casings from the scene. The two shell casings were traced to Officer I 's final two shots at Finicum. DSCO was unable to find shell casings from Officer 1 •s initial three shots at the approaching vehicle, Officer 2 shot at Finicum, or the two shots taken allegedly by HRT.

(U//FOUO) Statements from OSP officers reported seeing brass colored shell casings on the ground in the shooting area. OSCO did not recover any brass colored shell casings.

(U//FOUO) The Cox video showed R. Bundy in the back seat ofFinicum's car with a handgun in his hand at times during the incident. At approximately 4:40 p.m., R. Bundy exited the vehicle unarmed and was taken into custody. Sharp and Cox exited the vehicle after R. Bundy and were taken into custody without incident Subsequent to the shooting and arrests, a .38 caliber revolver was located on the rear floorboard of Finicum's vehicle, two Smith and

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Wesson .223 caliber rifles were located wider the rear seat, and a 9mm pistol was fowid in the inside pocket of the denim jacket wom by Finicum at the time of the shooting.

(U//FOUO) At approximately 5:02 p.m., FBI aircraft surveillance switched to IR mode. Over the next 30 minutes, aerial surveillance recorded activity, purportedly by HRT Operators, throughout the crime scene. HRT and OSP SWAT were responsible for keeping the scene secure prior to the arrival of an evidence response team.

(U//FOUO) Unidentified Operators can be seen on the surveillance recording searching extensively throughout the area and motioning consistent with picking something off the growid. At various times, they meet as a group, possibly joined with one or two other Operators, before breaking off and resuming either a search or collection of items. Statements indicated OSP Officers were in ve~cles parked just south of the shooting.

(U//FOUO) At approximately 5:33 p.m., aerial surveillance departed the location and no further activity at the shooting scene was recorded.

(U//FOUO) Following the shooting incident, HRT Operators Astarita, M.F. , J.N. , and B.M. were interviewed by OSP investigators. None of the HRT Operators indicated they had fired their weapons during the incident OSP interview memoranda of HRT Operators

J.N. and B.M. indicated they provided affinnative statements they did not fare their weapons.

(U//FOUO) On 02/05/2016, DCSO detectives interviewed HRT Operators M.F. and J. 0. together. During the interview, DCSO detectives disclosed an unaccounted for round

bad been fired into the roof ofFinicum's car. HRT Operators J.O. and M.F. again affirmed they did not fire their weapons and did not see anyone pick up shell casings.

(U//FOUO) On 02/06/2016, OSP officers re-interviewed the HRT Operators Azarita, J.N . ~ and B.M. . Prior to the interview, the HRT Operators advised they wanted to be

interviewed as a group, wanted their attorney present on speaker phone, and did not want to be answer any questions which had been previously asked without bein2 able to reference statements from their prior interviews. HR.T Operators Astarita, J .N. , and B .M . advised the interviewing officers they had not fired any rotlllds. HRT Operators Astarita and

B.M. were shown a still frame photograph of the incident and advised they could not recall their locations at the time of the incident. HR.T Operator J. N . advised he was the HRT Operator who was almost hit by Finicum's truck as he drove into the snow bank.

Deliberative Process Priyileged Document

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