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Waco siege

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On February 28 1993, the Bureau of Alcohol, Tobacco and Firearms (ATF) raided the Branch Davidian ranch at Mount Carmel, a rural area near Waco, Texas. The raid resulted in the deaths of four agents and five Davidians. The subsequent 51-day siege by the FBI ended on April 19 when fire completely consumed the complex, killing 76 people, including 27 children and Davidian leader David Koresh. Autoposy records indicate that on April 19 at least 20 Davidians were shot, including 5 children under the age of 14[1].

Prelude

A local newspaper, the Waco Tribune-Herald, began on February 27, 1993 what it called the “Sinful Messiah” series [2]. It alleged that Koresh had physically abused children in the building and taken underage brides, even raping one of them. Koresh was also said to advocate polygamy for himself, and declared himself married to several female residents of the small community. His sect was said by some to be a cult because of its authoritarian structure. Survivors of the raids, former members, and families of members have widely varying accounts of the group's beliefs, practices, and demeanor.

Claims were made that Koresh declared that he was entitled to at least 140 wives, that he was entitled to claim any of the females in the group as his, that he had fathered at least a dozen children by the harem and that some of these mothers became brides as young as twelve or thirteen years old.

Reports from Joyce Sparks, investigator from the Texas agency responsible for protective services, stated that she had found no evidence that the allegations were true in any of several visits to the Mt. Carmel site over a period of months, but she indicated that she was not permitted to speak with the children alone, nor was she permitted to inspect all areas of the site.

In 1992, a UPS delivery driver alerted the local deputy sheriff that empty grenade casings had been delivered to the Davidians at Mount Carmel. The sheriff notified the ATF and requested their help. This led to an investigation of the Davidians that lasted several months, and ultimately resulted in allegations of weapons violations committed by the Davidians. In addition, former Davidians told ATF that Koresh had taught his followers to be prepared for a government assault. The ATF began planning its raid, and search and arrest warrants were issued in early 1993.

Prior to the raid, the Davidians were made aware of the ATF raid. In the aftermath, the ATF drew heavy criticism for proceeding, despite being aware that the Davidians knew of the offensive.

Some groups have questioned the ATF motives behind planning a raid of such massive proportions, claiming that the Davidians had committed (at worst) only minor procedural violations, for which the February 28 raid seemed unwarranted. Under Federal law firearms and explosives charges are very serious. Evidence collected by the Texas Rangers confimed that the Davidians were manufacturing illegal weapons. On July 30, 1992, after having learned he was under investigation, David Koresh invited the ATF to Mount Carmel to inspect his firearms, but the ATF did not follow up on the offer.

The Waco Tribune-Herald was pressuring authorities to take some sort of action against the Davidians. Some Waco residents were wary of the growing number of people and weapons residing in the Mount Carmel complex. Rumors of child abuse, which a Child Protective Services investigation was unable to substantiate, were floating around, and, as noted above, the Tribune-Herald ran a series of articles on the possible threat presented by the Davidians. The very day before the raid by ATF officers, the Tribune-Herald criticized the law enforcement agencies for failing to take action. This series of articles, however, was instigated by members of the Cult Awareness Network and depicted the Branch Davidians as cultists and David Koresh as a deranged and manipulative cult leader who brainwashed his followers.

The Davidians' motives are also unclear. An op-ed run in the Washington Post [3], written by former ATF director Steve Higgins, posits that the Davidians' actions, namely, taking up arms and fortifying their building, contrast with their claims of being law-abiding citizens. Resisting law enforcement officers acting in their legal capacity is illegal, but Texas law specifically states that undue force by law enforcement may be met with force for self-defense. The multiple-page Warrant Affidavit also has been criticized in some circles. However, the federal trial and apellate courts all agreed that the affidavit contained ample proof of probable cause for the issuance of the search and arrest warrants for the firearms and explosives charges.

Holding evidence that the Davidians had violated federal law, the ATF obtained search and arrest warrants for Koresh and specific followers, and they planned their raid for March 1, 1993. However, they moved it up a day in response to the start of the Waco Tribune-Herald series.

The Raid

Agents approached the site on Sunday morning, February 28 1993, in cattle trailers pulled by pickup trucks owned by individual ATF agents. The advantage of surprise was gone, due to reporters asking for directions from one of the Branch Davidians.

Helicopters had been obtained from the Texas National Guard on the false pretext that there was a drug lab at Mt. Carmel. During the telephone calls between the FBI and David Koresh throughout the siege, the government admitted armed agents shot at Davidians from at least one helicopter.

The first shots during the raid are reported to have occurred at the double front entry doors; ATF agents claimed to hear the first shots come from within the building, while Branch Davidian survivors claimed that the first shots came from the ATF agents outside. An Austin Chronicle article noted, "Long before the fire, the Davidians were discussing the evidence contained in the doors. During the siege, in a phone conversation with the FBI, Steve Schneider, one of Koresh's main confidantes, told FBI agents that "the evidence from the front door will clearly show how many bullets and what happened."[4] Houston attorney Dick DeGuerin, who went inside Mount Carmel during the siege, testified at the trial that protruding metal on the inside of the right-hand entry door made it clear that the bullet holes were made by incoming rounds. DeGuerin also testified that only the right-hand entry door had bullet holes, while the left-hand entry door was intact. The government presented only the intact left-hand entry door at the trial, claiming that the right-hand entry door had been lost. Texas Trooper Sgt. David Keys testified that he witnessed two men loading what could have been the missing door into a U-Haul van shortly after the siege had ended. And Michael Caddell, the lead attorney for the Davidians wrongful death lawsuit explained, "The fact that the left-hand door is in the condition it's in tells you that the right-hand door was not consumed by the fire. It was lost on purpose by somebody[5].

During the raid, a Davidian called 911 pleading for them to stop shooting. The resident asked for a cease-fire, and audiotapes clearly caught him saying "Here they come again!" in reference to the helicopters, and "That's them shooting, that's not us!" The sheriff, in audiotapes broadcast after the incident, said he was not apprised of the raid and did not know how to contact the ATF agents involved. They shouted to television news crews to use their cellular phones to call for ambulances.

The raid itself ended when the ATF ran out of ammunition and called off their attack. The Branch Davidians, who still had ample ammunition, allowed the dead and wounded to be removed and held their fire during the ATF retreat.

The siege

Government officials established contact with Koresh and others inside the building at some point after they failed to rapidly secure the scene and retreated. The FBI took command of the scene soon after the initial raid, placing FBI SAC of San Antonio Jeff Jamar in charge of the siege, and the tactical team was headed by Richard Rogers, whose actions at the Ruby Ridge incident had been criticized earlier. For the next fifty-one days, communication with those inside included telephone contacts with various FBI negotiators who reportedly were not always in touch with front-line tactical units surrounding the building and also pressing those inside to come out. Outside the building, tracked vehicles pushed aside vehicles from parking areas and began circling the building. Loudspeakers were used to broadcast sounds (including those of rabbits being slaughtered) at the building in a psychological warfare tactic intended to tire those inside. The Davidians hung banners from high places in the building seeking outside help.

As the standoff continued, Koresh negotiated delays, allegedly so he could write religious documents he said he needed to complete before he surrendered. He made and broke numerous promises to send people out and to end the stand-off. His conversations, dense with biblical imagery, alienated the federal negotiators who treated the situation as a hostage crisis. The Davidians released videotapes to agents during the siege in which children sat by Koresh, asking among other things if the agents were going to come kill them.

The children's willingness to stay by Koresh disturbed the negotiators who were unprepared to work around the Davidians' religious zeal. During the siege a number of scholars who study apocalypticism in religious groups attempted to persuade the Justice Department that the siege tactics being used by government agents would only create the impression within the Davidians that they were part of a Biblical End Times confrontation that had cosmic significance; and likely increase the chances of a violent and deadly outcome. (In a subsequent standoff with the Freeman in Montana, the Justice Department incorporated this advice to end the confrontation peacefully). Many Koresh statements about religion that baffled government negotiators were understood by religious scholars as references to his idiosyncratic interpretations of the book of Revelation, and his claimed role in the End Times battle between good and evil, in which government officials are feared to be possible agents of the Satanic Antichrist by some Christians (Ammerman; Stone; Anthony and Robbins).

The Davidian video tape was made at the request of negotiators and was supposed to be released to the families of Davidians who were naturally worried. Yet the tapes were not released and several years later the survivors had to go to court to obtain the tape that they had made and of which they held the legal copyright. In the tape, several mothers sent their children out of the complex with the understanding that they would be placed with family members. Initially these children were taken into state custody and placed in a religious children's home. These mothers voiced concern about their children and the treatment they were receiving. In reply they received a video sent into the complex by the negotiators. The mothers were disturbed that their children were being fed things forbidden by their religious diet (similar to and less strict than the Kosher rules of Judaism) and (in their view harmfully) were being allowed to run wild with minimal supervision while watching television all day.

The assault

Newly appointed U.S. Attorney General Janet Reno approved the recommendations of veteran FBI officials to proceed with the final assault after being told that conditions were deteriorating and children were continuing to be abused inside the besieged complex. Because the Davidians were heavily armed, their arsenal included .50 caliber guns with armor-piercing bullets[citation needed] and armored vehicles retrofitted with CS gas. Some of the gas was inserted via booms on CEVs. The booms punched holes in the outer walls of the building, but did not damage the interior wall, stairways, or other structural elements of the building. After more than four hours no Davidians had left the building, so one of the CEVs attempted to drive through the gymnasium to clear a pathway to the central part of the building, and the gymnasium collapsed. No one was injured in the collapse, as the gym was used for storage. Some additional structural damage also was caused when a CEV used its blade to open up the front doors, which the Davidians had blocked with a piano. Since the Davidians had blocked the exits, the CEV dragged debris out of the building and opened up an exit for Davidians who wanted to leave. At around noon, three fires started almost simultaneously in different parts of the building. Few people came out, even as fire consumed the building. One woman jumped from a window, her back on fire, and was rescued by FBI agents. Another came out, then went back into the building. An FBI agent ran into the burning building and dragged her out. She refused to tell him where the children were. Most of the Davidians remained inside as fire engulfed the building. As one of them said as he sat down in the burning chapel, "I guess we just wait on God."[citation needed] All this was broadcast worldwide from gyro-stabilized lenses set up at the nearest point FBI officials allowed press observers.

The causes of the fatal fire were disputed, but experts who reviewed the evidence, a Congressional committee, the Special Counsel, and a jury all concluded that the fires were likely started by some of the Davidians.[citation needed] Claims that the fire was caused by the FBI's use of combustible CS gas grenades injected into the wooden buildings were disputed.

Audio and infrared visual recordings made just before the fire broke show that the fires were started intentionally. The Davidians are heard saying, for example, "spread the fuel," and "don't light it yet."[citation needed] A surviving Davidian witnessed others pouring fuel inside the building and heard them talking about starting the fire.[citation needed] Critics suggest that CS gas was injected into the building by armored vehicles in an unsafe manner immediately before the fire broke out. However, at least two of the fires started well inside the building, away from any recent insertions of tear gas. Government spokesmen denied the use of pyrotechnic grenades for six years. In 1999, the FBI released video and audio tapes admitting that they had used pyrotechnic devices, but that these devices, which dispense tear gas through an internal burning process, were used in an early-morning attempt to penetrate a covered, water-filled construction pit, and were not fired into the building itself. The fires were started approximately four hours after the pyrotechnic devices were used. The FBI has also admitted to using incendiary flares during the standoff to illuminate areas at night, but claims not to have used illumination flares during the assault, all of which took place in daylight.

The Branch Davidians had given ominous warnings involving fire on several occasions [6]. This may or may not be indicative of the Davidians' future actions, but could be construed as yet further evidence that the fire was started by the Davidians.

Jeff Jamar prohibited fire crews' access to the burning buildings until after the blaze had burned itself out, this has led to questions about the motivations of the FBI site chief. The FBI states that fire crews were not allowed near the site due to the danger of explosives within the fire and possible weapons fire from surviving inhabitants. Indeed, as the fire appeared to have completely engulfed the building, two agents located about 300 yards (270 m) from the back of the building stood up from behind their protective sandbags and were shot at by someone inside the burning building.[citation needed]

Shootings

Several documentaries suggest that the FBI fired weapons into the building, which the FBI denies. The main evidence for gunfire is bright flashes in aerial infrared recordings known as forward looking infrared or FLIR. Edward Allard, a former government specialist on infrared imagery submitted an affidavit in which he declared that the video, recorded by the government during the gas assault, revealed bursts of automatic gunfire coming from government agents. Another independent FLIR expert, Carlos Ghigliotti, also confirms gunfire, when shown the cleaner video kept by government officials. International experts hired by the Office of Special Counsel established that the flashes were not gunfire because (1) they lasted too long, (2) there were no guns or people on the tapes anywhere near the flashes; and (3) the flashes were consistent with reflections off debris and other materials near the building. For more analysis on this controversy, see the external links below.

Secondary proof was a summary of a statement made by FBI sniper Charles Riley several weeks after the incident to an FBI investigator that he had heard shots fired from sniper position Sierra 1. The Blue sniper team had been headed by Lon Horiuchi. Lon Horiuchi was the same sniper involved at Ruby Ridge. [7] In 1995, when attorneys submitted that FBI report as evidence to Judge Smith, the FBI produced an additional interview in which Riley clarified that he had heard the statement "shots fired" from Sierra 1, which meant that agents at Sierra 1 had observed shots being fired at the FBI vehicles by the Davidians. Given the conflict between the summary and Riley's clarification, the latter could not be used to have the claims dismissed early in the lawsuit.

The .308 shell casings found at Sierra 1 were examined by ballistics experts hired by the Branch Davidians, who agreed with Government experts that the casings matched guns used by the ATF on February 28, and the Davidians dropped that claim in their lawsuit against the Government.

Autopsies revealed some of the women and children found beneath the remains of a concrete wall of a storage room died of skull injuries. However, photographs taken after the fire show that the CEV that penetrated the structure while injecting CS gas did not come close enough to cause the collapse -- the collapse was more likely the result of the fire and the thousands of rounds of ammunition that "cooked off" in that room during the fire. Autopsy photographs depicting bodies of other children locked in what appear to be spasmic death poses have been attributed by some to cyanide poisoning produced by burning CS gas. However, these poses can also be attributed to the classic post-mortem "boxer pose" all bodies caught in fires eventually assume, created as ligaments connecting bones together shorten as the fire dries them.

Allegations about a cover-up

The following allegations have been made:

  • "The FBI released a statement saying there were no drug connections. Later when they were asked about the legality of using tanks (under the Posse Comitatus Act), that story changed."

By the government's interpretation, because the tanks used to protect the agents on the scene were operated by FBI agents and not military personnel, the Posse Comitatus Act did not apply.

  • "No incendiary devices were used."

This was repeatedly told to Congress and the Courts, but the use of pyrotechnic tear gas some four hours before the fire at an area outside the building and the use of illumination flares during the standoff but not on the day of the fire was disclosed in 1999. The civil jury, Congress, the Court, and the Special Counsel all concluded in 2000 that neither type of munition caused the fire. The Special Counsel and Congress also found that the agents that fired the munitions never attempted to hide the facts from any inquiry. Richard Rogers, the FBI commander who authorized the use of pyrotechnics, sat behind Ms. Reno as she testified that they were not used, but claimed that he did not correct her because he wasn't paying attention, although exploded flash-bang devices were found in the vicinity where the fire was first witnessed on television broadcasts.

Documentary films

The Branch Davidian siege has been the subject of a number of documentary films. The first of these was a made for television film, In the Line of Duty: Ambush at Waco, which was made before the final assault on the church and essentially promoted the government's view of the initial ambush.

The first film that was critical of the official reports was Waco: The Big Lie produced by Linda Thompson, followed by Waco II: The Big Lie Continues. The Linda Thompson videos were controversial and made a number of allegations, the most famous of which was footage of a tank with what appears to be light reflected from it; Thompson's narration claimed this was a flamethrower attached to the tank. Thompson's subsequent activities, such as declaring an armed march on Washington, D.C. and her denunciation of many other researchers into the Waco siege as part of a cover-up, limited her credibility in most circles. The next film was Day 51: The True Story of Waco, which featured Ron Cole, a self-proclaimed militia member from Colorado who was later prosecuted for weapons violations. The Linda Thompson and Ron Cole films, along with extensive coverage given to the Branch Davidian siege on some talk radio shows, galvanized support for the Branch Davidians among some sections of the right including the nascent militia movement, while critics on the left also denounced the government siege on civil liberties grounds. The New Alliance Party produced a report blaming the siege on the influence of the Cult Awareness Network. Timothy McVeigh cited the Waco siege as a primary motivation for the Oklahoma City bombing and was known to be a fan of both the Linda Thompson and Ron Cole videos. It is known that he was an innocent bystander at the siege.

Perhaps because most of the critical views were seen as coming from the political fringes of the right and left, most mainstream media discounted any critical views presented by early documentary films.

This changed when professional filmmakers Dan Gifford and Amy Sommer produced their Emmy award winning documentary, Waco: The Rules of Engagement [8]. This film presents a history of the Branch Davidian movement and most important, a critical examination of the conduct of law enforcement leading up to the raid, and through the aftermath of the fire. The film features footage of the Congressional hearings on Waco, and juxtaposition of official government spokespeople with footage and evidence often directly contradicting them. The documentary also shows infrared footage demonstrating that the FBI likely used incendiary devices to start the fire which consumed the building and did indeed fire on, and kill, Branch Davidians attempting to flee the fire.

"Waco: The Rules of Engagement" was nominated for a 1997 Academy Award for best documentary and was followed by another film: Waco: A New Revelation.

"America Wake Up (Or Waco)" (2000): Alex Jones documents the 1993 Waco incident with the Branch Davidians.

  • Judge Walter J. Smith (who was under investigation during the first half of the trial by the Justice Department for not telling the truth under oath) presided over the trial in which a jury found some of the surviving Branch Davidians guilty. Over Government objections, Judge Smith empaneled an advisory jury in the civil case. That jury ruled in favor of the United States and against the Davidians (see below).
  • Congressional Inquiry The House Committee on Government Reform concluded that the Davidians started the fires.
  • Danforth Report The Special Counsel appointed to look into the "darker questions" concluded with 100% certainty that the Davidians started the fires.
  • The advisory jury that heard the civil case against the government in the summer of 2000 found in favor of the Government on all claims, and found specifically that the ATF agents acted within the law in returning fire on February 28, 1993, and that the fires were neither caused nor contributed to by the FBI.
  • Federal prosecutor Bill Johnston pled guilty to charges of obstructing an investigation for withholding evidence of the use of pyrotechnic devices.

Bibliography

  • Anthony, D. and T. Robbins. 1997. "Religious totalism, exemplary dualism and the Waco tragedy." In Robbins and Palmer 1997, 261–284.
  • Docherty, Jayne Seminare. Learning Lessons From Waco: When the Parties Bring Their Gods to the Negotiation Table (Syracuse, New York: Syracuse University Press, 2001). ISBN 0815627513
  • Heymann, Philip B. (U.S. Department of Justice). Lessons of Waco: Proposed Changes in Federal Law Enforcement (Washington: USDOJ, 1993). ISBN 0160429773
  • Kerstetter, Todd. "'That's Just the American Way': The Branch Davidian Tragedy and Western Religious History", Western Historical Quarterly, Vol. 35, No. 4, Winter 2004.
  • Kopel, David B. and Paul H. Blackman. No More Wacos: What’s Wrong With Federal Law Enforcement and How to Fix It (Amherst, New York: Prometheus Books, 1997). ISBN 1573921254
  • Lewis, James R. (ed.). From the Ashes: Making Sense of Waco (Lanham, Maryland: Rowman & Littlefield, 1994). ISBN 0847679152 (cloth) ISBN 0847679144 (paper)
  • Linedecker, Clifford L. Massacre at Waco, Texas: The Shocking Story of Cult Leader David Koresh and the Branch Davidians (New York: St. Martin’s Paperbacks, 1993). ISBN 0312952260
  • Lynch, Timothy. No Confidence: An Unofficial Account of the Waco Incident (Washington: Cato Institute, 2001).
  • Reavis, Dick J. The Ashes of Waco: An Investigation (New York: Simon and Schuster, 1995). ISBN 0684811324
  • Tabor, James D. and Eugene V. Gallagher. Why Waco?: Cults and the Battle for Religious Freedom in America (Berkeley: University of California Press, 1995). ISBN 0520201868
  • Thibodeau, David and Leon Whiteson. A Place Called Waco: A Survivor's Story (New York: PublicAffairs, 1999). ISBN 1891620428
  • Wright, Stuart A. (ed.). Armageddon in Waco: Critical Perspectives on the Branch Davidian Conflict (Chicago: University of Chicago Press, 1995).
  • United States v. Branch, W.D. Texas Criminal Case No. 6:93cr46, trial transcript 1/10/94 - 2/26/94; 91 F.3d 699 (5th Cir. 1996)
  • United States v. Castillo, 179 F.3d 321 (1999); Castillo v. United States, 120 S.Ct. 2090 (2000); on remand, 220 F.3d 648 (5th Cir. 2000)
  • Andrade v. United States, W.D. Texas Civil Action No. W-96-CA-139, trial transcript 6/19/2000 - 7/14/2000; 116 F.Supp.2d 778 (W.D. Tex. 2000)
  • Andrade v. Chojnacki, 338 F.3d 448 (5th Cir. 2003)
  • United States Department of Justice. Recommendations of Experts for Improvements in Federal Law Enforcement After Waco (Washington: USDOJ, 1993). ISBN 0160429749
  • Ammerman, Nancy T. (1993). "Report to the Justice and Treasury Departments regarding law enforcement interaction with the Branch Davidians in Waco, Texas." Submitted September 3, 1993. Recommendations of Experts for Improvements in Federal Law Enforcement After Waco. Washington, DC: U.S. Department of Justice and U.S. Department of the Treasury. Online
  • Stone, Alan A. (1993). "Report and Recommendations Concerning the Handling of Incidents Such As the Branch Davidian Standoff in Waco Texas." Submitted November 10, 1993. Recommendations of Experts for Improvements in Federal Law Enforcement After Waco. Washington, DC: U.S. Department of Justice and U.S. Online.
  • Final Report to the Deputy Attorney General concening the 1993 confrontation at the Mt. Carmel Complex, Waco, Texas, John C. Danforth, Special Counsel (November 8, 2000)
  • Committee on the Judiciary (in conjunction with the Committee on Government Reform and Oversight, House of Representatives, 104th Congress, Second Session. Materials Relating to the Investigation Into the Activities of Federal Law Enforcement Agencies Toward the Branch Davidians (Washington: USGPO, 1997). ISBN 0160552117 Available online here.

See also