Oregon Standoff Latest: Grand Jury Probes FBI Conduct in LaVoy Finicum Killing

A federal grand jury is examining the conduct of FBI agents involved in the January traffic stop that was marked by the killing of LaVoy Finicum.

A leader of the armed takeover of the Malheur National Wildlife Refuge, Finicum was shot by Oregon State Police troopers when he jumped from a truck and apparently reached for a gun during a traffic stop.

There were several FBI agents involved in the traffic and at least two shots were fired by them.

That fact did not come out until weeks later at a press conference when it was disclosed investigators had determined that eight shots had been fired but only six could be attributed to Oregon State Troopers.

That a grand jury is now looking into the incident was disclosed in court papers filed by an assistant United States attorney involved in the case stemming from the takeover of the refuge.

Defense lawyers in the case wanted information related to the Justice Department investigation into the actions taken by the FBI agents.

Prosecutors asked the judge for permission to file a memorandum with the judge under seal that would not be shared with defense lawyers.

The judge said they could file under seal and would allow them to make further arguments about why it should not be shared with defense lawyers.

"The Declaration provides details of an ongoing investigation by the United States Department of Justice, Office of Inspector General, and concerns matters occurring before the grand jury protected from disclosure," the prosecutor wrote.

Patch was the first to report that FBI agents had come under investigation.

"The question of who fired these shots has not been resolved," FBI Special-Agent-in-Charge of the FBI's Portland office, Greg Bretzing said at the press conference.

Neither of the agent's shots hit anyone. One did go through the roof of the truck that Finicum, was driving and one missed the truck.
It was only after investigators discovered the bullet hole in the roof and did forensic testing that they determined it had not come from one of the state troopers.

Using the aerial video shot by the FBI that day and combining it with computer analysis and video shot by Shawna Cox, who has since been indicted, from within the truck, investigators were able to conclude the shot had to have been fired by an agent from the Hostage Rescue Team.

The FBI agents were interviewed on January 26 and again on February 5th and 6th. At no point during those interviews, did any FBI agent admit to firing a shot, being aware of who fired a shot, or know what happened to the shell casings.

"Of particular concern to all of us is that the FBI HRT (Hostage and Rescue Team) operators did not disclose their shots to our investigators." Deschutes County Sheriff Shane Nelson said.

"Nor did they discuss specific actions they took after the shooting, which are the subject of an ongoing investigation."

Bretzing, U.S. Attorney Billy Williams, and top FBI officials were briefed on what was found by investigators.

Prosecutors are asking the grand jury to consider evidence related to the conduct of the FBI agents including were they truthful with investigators and did they cover-up evidence.