-Caveat Lector-

Source:  Dallas Morning News
http://www.dallasnews.com/texas_southwest/0825tsw1teargas.htm

FBI to acknowledge use of pyrotechnic devices

 New account on Branch Davidian fire expected

 08/25/99

 By Lee Hancock / The Dallas Morning News

 °1999, The Dallas Morning News

 AUSTIN - The FBI is preparing to acknowledge in a formal
statement
 that

 its agents fired pyrotechnic tear gas grenades on the last day of
the
Branch
 Davidian siege, senior federal law enforcement officials said
 Tuesday.

 The statement would represent a reversal from the federal
 government's adamant, long-held position that the FBI used no
device
 capable of sparking a fire on the day the Branch Davidian
compound
 burned near Waco.

 Earlier this week, former senior FBI official Danny Coulson told The
 Dallas Morning News that pyrotechnic grenades had been used on
April
 19, 1993, the day that the compound burned with David Koresh
and more
 than 80 followers inside.

 Mr. Coulson's statement was the first time that a former or current
federal
 law enforcement official publicly acknowledged the use of
pyrotechnic
 devices on April 19. The government has long fended off
accusations
that
 FBI agents touched off the fire on that day, but Mr. Coulson said
the
 pyrotechnic grenades were not responsible.

 Earlier Tuesday, Texas Department of Public Safety Commission
 Chairman James B. Francis said the Texas Rangers have
"overwhelming
 evidence" supporting Mr. Coulson's statement about the use of
pyrotechnic
 devices.

 "There are written reports by Rangers, there is photographic
 evidence, there is physical evidence, all three of which are
 problematic," said
Mr.
 Francis.

 Later, officials with the U.S. Justice Department began backing
away
from
 their long-held assertion that the FBI used no pyrotechnic devices
 when
it
 launched a tear gas assault to end the 51-day standoff with the
 Branch Davidians.

 "We've seen the reports, and we're trying to get to the bottom of
them,"
 said Justice Department spokesman Myron Marlin, declining to
comment
 further.

 Senior federal law enforcement officials in Washington said
Tuesday
night
 that the FBI was drafting a statement that would confirm that two
 pyrotechnic devices were used. A spokesperson at FBI
headquarters
 initially told reporters that a statement would be released Tuesday
 afternoon but later said it had been postponed until Wednesday.

 Mr. Coulson, a former assistant deputy director of the FBI and
 founding

 commander of the hostage rescue team, told The News this week
that he
 recently learned that two M-651 CS tear gas grenades were fired
hours
 before the compound burned.

 Rangers' inquiry

 The issue is a major focus of an ongoing inquiry by the Texas
 Rangers.
It
is
 also a key allegation in a federal wrongful death lawsuit in which
surviving
 Branch Davidians and families of the dead have alleged that
 government wrongdoing and negligence caused the tragedy.

 The issue also was a factor in a decision by the state DPS to
 persuade
a
 federal judge in Waco to take control of all the evidence in the
 case.
U.S.
 District Judge Walter Smith issued a sweeping order on Aug. 8
 requiring

 federal authorities to turn over all physical evidence, documents,
recordings
 and photographs connected to the Branch Davidian tragedy.

 A law enforcement official familiar with the Rangers inquiry said
Tuesday
 that the agency has positively identified a shell casing recovered
 from

near
 the compound as part of an M-651 CS canister, a 40 mm U.S.
military
 device that releases tear gas with a burning explosive capable of
sparking
 fires.

 The official, who spoke on condition of anonymity, said the
Rangers
also
 have strong evidence that it was used by the FBI on April 19. The
official
 said the shell casing's markings and distinctive shape are unique
to
the
 M-651.

 "There is no question of what it is and where it came from," the
official
 said.

 That information was among findings shared Tuesday afternoon
with two
 congressional investigators, who flew to Austin for a private
 briefing
on
the
 Rangers inquiry.

 "We look forward to getting to the bottom of it," said one
investigator,
 speaking on condition of anonymity. He declined further comment.

 Attorney General Janet Reno and other senior Justice Department
and
 FBI

 officials have repeatedly told congressional committees, federal
 courts
and
 the public that the federal government used nothing capable of
 starting
a
 fire on April 19.

 But federal law enforcement officials in Washington confirmed Tuesday
 that FBI agents did use the two grenades on the 19th. They were fired
into
 a construction pit that contained a tunnel entrance leading to the
 compound. The sources said the devices were fired at 6:07 a.m., just
after
 tanks began spraying tear gas into the compound. The M-651s were used
 because nonpyrotechnic gas rounds known as "Ferrets" were not
 adequately penetrating the area, the source said.

 Details unclear

 Federal authorities said they are still trying to determine who gave
 permission for members of the FBI's Hostage Rescue Team to use the
 devices and why their use was not revealed before now.

 "Maybe this didn't come up because it was at 6 in the morning six
 hours

 before the compound burned, and maybe it was because it was fired
 away from the compound," the law enforcement official said.

 The issue is especially sensitive because of the pending wrongful
 death

 lawsuit, which is scheduled to go to trial in Waco in mid-October.

 But federal officials said they do not believe the use of the devices
will
 change official conclusions that the Branch Davidians started the
deadly fire
 that ended the standoff.

 "I don't think this changes the bottom line, which is the Davidians
started
 the fire. Law enforcement did not," the official said.

 An investigation by a panel of independent arson experts concluded
 that

 the April 19 fire began simultaneously just after noon in three
separate
 places inside the compound.

 FBI bugs intercepted Branch Davidians discussing spreading fuel and
 planning a blaze for hours before the compound burned. Arson
 investigators also found evidence that accelerants, ranging from
gasoline
to
 charcoal lighter fluid and camp stove fuel had been poured in the
 compound.

 Court and congressional records indicate the arson investigators'
 conclusion that the FBI's tear gas played no role in the fire was
partially
 based on the FBI's assurance that it used no pyrotechnic devices on
April
 19.

 Troubled by denials

 Earlier Tuesday, Mr. Francis said he was troubled that Justice
Department
 officials had initially denied Mr. Coulson's statements about the
use
of
 pyrotechnic tear gas.

 "I would suggest that Janet Reno get a full briefing of the facts.
She's not
 getting the facts," he said. "I can't understand for the life of me
 why
a
senior
 FBI official's statement was flatly contradicted by the Department
of
 Justice without even checking the facts."

 Mr. Francis said the Texas Rangers will soon wrap up their inquiry
 and
are
 still discussing what to do with it.

 "We're in a very awkward spot," he said.

©1999 The Dallas Morning News





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