-Caveat Lector- http://www.foxnews.com/story/0,2933,27300,00.html Ruby Ridge Prosecutor Declines to Prosecute FBI Sniper Thursday, June 14, 2001 FOX NEWS SPOKANE, Wash. - The FBI sniper who shot the wife of white separatist Randy Weaver at Ruby Ridge will not be tried in an Idaho courtroom for involuntary manslaughter, Boundary County, Idaho, Prosecutor Brett Benton said Thursday. Last week, a sharply divided 9th U.S. Circuit Court of Appeals ruled that FBI sniper Lon Horiuchi could face trial for the death of Vicki Weaver in the 1992 standoff. Benton issued his decision in a brief press release from his Bonners Ferry, Idaho, office. He gave no reason for his decision. The involuntary manslaughter charge had been filed by Benton's predecessor, Denise Woodbury. She lost to Benton in last year's election. Special Prosecutor Stephen Yagman, a Los Angeles attorney appointed by Woodbury to handle the case, said he did not take part in the decision to drop the charge. "Were there to be a different prosecutor in Boundary County, the charge, or more severe charges such as second-degree murder, could be refiled," Yagman said in the news release. Yagman also said he hoped that a state investigation against Benton, alleging he falsified documents in an unrelated case, did not influence the decision. The Ruby Ridge case was seen as a test of whether federal agents are immune from state prosecution. The federal government declined to prosecute Horiuchi, but last week's 6-5 ruling by the appeals court cleared the way for Idaho prosecutors to pursue charges against him. The appeals court agreed with Boundary County attorney Ramsey Clark, who argued in December that immunity cannot be granted until there is an evidentiary hearing to determine whether Horiuchi acted unlawfully. If the judge had ruled that Horiuchi did act unlawfully, then the case could go before a jury. Horiuchi's attorney, Adam Hoffinger of Washington, D.C., was out of the country and not available for comment Thursday. No one answered the telephone at Randy Weaver's Iowa home on Thursday. The standoff near Bonners Ferry prompted a nationwide debate on the use of force by federal agencies. It began after government agents tried to arrest Randy Weaver for failing to appear in court on charges of selling two illegal sawed-off shotguns. The Weaver's cabin had been under surveillance for several months when the violence began with the deaths of Deputy U.S. Marshal William Degan, Weaver's 14-year-old son, Samuel, and the Weaver family dog, Striker. During the standoff, Horiuchi shot and killed Weaver's wife and wounded family friend Kevin Harris. Witnesses said the sharpshooter fired as Vicki Weaver held open the cabin door, her 10-month-old baby in her arms. Horiuchi has said he didn't see Vicki Weaver when he fired at Harris, who was armed and was ducking inside the cabin. He also said he fired to protect a government helicopter overhead. The appeals court appeared troubled with the case. Those in dissent said the majority was using hindsight in "dissecting the mistakes" of Horiuchi. They called the majority's opinion a "grave disservice" to FBI agents and argued that Horiuchi, who is still an FBI agent, should be immune from prosecution. The standoff ended after Harris and Weaver surrendered. Both men were acquitted of murder, conspiracy and other federal charges. Weaver was convicted of failing to appear for trial on the firearms charge. The Justice Department last summer settled the last civil suit stemming from the standoff. The government admitted no wrongdoing, but paid Harris $380,000 to drop his $10 million civil damage suit. In 1995, the government paid Weaver and his three surviving children $3.1 million for the killings of Weaver's wife and son. Fox News Network, LLC 2001. 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