Posted: Friday, June 23, 2000 | 11:48 a.m.

Agent says vehicle he occupied at Waco probably contained
exploding rounds

By Terry Ganey
Of the  St. Louis Post-Dispatch


WACO, Texas – An FBI agent who fired tear gas at the Branch
Davidian complex in 1993 testified Friday that his armored
vehicle was probably equipped with fire-causing military tear gas
rounds.

But the agent, Tom Rowan, said he was sure that the only rounds
he fired were plastic "ferret" rounds which would not start a
fire.  Rowan's testimony was brought by the Davidians' lawyers
during the trial of sect's wrongful death lawsuit against the
government.  It was designed to show that tear gas fired by the
agents could have contributed to the start of the fire that
destroyed the complex.

About 80 Davidians died on the last day of the government's siege
at Waco, April 19, 1993.  Some died from gunshots but most from
the effects of the fire.

Rowan was a member of the FBI's hostage rescue team that had
encircled the Davidians' complex during a 51-day siege.  During a
tank and tear gas operation to roust the Davidians, Rowan fired
gas rounds from a grenade launcher through a six-inch-wide port
from inside an armored vehicle.  Rowan testified that he fired
between 70 and 80 rounds during a six-hour operation.

Under questioning from Davidians' lead lawyer Mike Caddell, Rowan
admitted that his story containing details about what happened
during that period had changed twice since then.

In an interview the day after the siege ended, Rowan told an FBI
investigator that he fired rounds at all the windows at the back
of the Davidians' complex.  During Friday's testimony, he said he
did not fire at a row of windows at the rear of the gymnasium.

During a deposition in January, Rowan said he could not recall
whether his tank had military rounds or not.  On Wednesday he
changed his deposition to say that since other FBI tanks were
equipped with them, his probably did, too.

FBI agents were ordered to put tear gas into windows from which
the Davidians were firing guns at the FBI tanks.  Although
Attorney General Janet Reno prohibited the use of the military
rounds, the FBI fired one or two early on the last day of the
siege.

Caddell attempted to show through his questioning that agents may
have wanted to use the heavier military rounds to penetrate the
walls of the complex.  The "ferret" rounds deploy liquid tear
gas.  The metal military rounds emit the gas by means of an
explosion.  But Rowan said he has never fired any military
rounds, at Waco or anywhere else.

Earlier Friday, U.S.  District Judge Walter Smith Jr.  blocked an
attempt by the Davidians to use an expert witness who would have
testified that damage the tanks did to the complex may have
prevented the Davidians from escaping.  Judge Smith responded to
a motion filed by government defense lawyers who challenged the
expert's methodology.

"His opinions would more likely confuse the jury than clarify
issues," Judge Smith wrote.



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