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Report: Davidian admits firing at agents
Thursday, 24 February 2000 15:14 (ET)

Report: Davidian admits firing at agents
 SAN ANTONIO, Feb. 24 (UPI) -- For the first time, a Branch Davidian
survivor of the 1993 shootout near Waco has admitted firing at two of the
four Bureau of Alcohol, Tobacco and Firearms agents killed in the gunfight.

 Livingstone Fagan made the admission in a desposition taken by a
government lawyer in a wrongful-death lawsuit filed by Branch Davidian
survivors over the deadly 51-day siege, the San Antonio Express-News
reported Thursday. Fagan said he shot at ATF agents on the roof of the Mount
Carmel building during the gunfight on the first day of the standoff. A
heavily armed team of ATF agents was attempting to serve search warrants for
alleged illegal firearms at the Davidian compound.

 Fagan was convicted in 1994 of manslaughter and a weapons charge and is
serving a 40-year prison sentence in federal prison. During the San Antonio
trial, Fagan and 10 other accused Davidians did not take the witness stand.
None ever admitted firing on the agents, until now.

 Fagan said the shooting in which he was involved on that day was not the
one for which he was convicted in the trial. In the Feb. 1 deposition, Fagan
told a federal civil lawyer during the interview at an Allenwood, Pa.,
federal prison that he fired in self-defense.

 "Your government murdered people who were very dear to me," he said.

 When asked if he had fired at the ATF agents, Fagan said he "responded."

 When asked if he hit any of them, Fagan said, "I don't know specifically,
because I assume that there were others, too, that were firing then."

 Two of  the ATF agents, Todd McKeeham, 28, and Conway LeBleu, 34, both
from the New Orleans bureau, were killed on the roof.

 Fagan was not at Mount Carmel on April 19, 1993, when more than 80
Davidians died in a fire that consumed the building as the FBI was pouring
tear gas inside. He surrendered March 22, he said, because Davidian leader
David Koresh asked him to be a spokesman.

 The trial of the wrongful-death lawsuit is scheduled in May in federal
court at Waco, Texas.

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