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5K views360 pages1-26-16 Robert Lavoy Finicum - Tri-County Major Incident Team Released Reports - Redacted
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5K views360 pages1-26-16 Robert Lavoy Finicum - Tri-County Major Incident Team Released Reports - Redacted
1-26-16 Robert Lavoy Finicum - Tri-County Major Incident Team Released Reports - Redacted
"The reports for the entire investigation are not being released at thi time due to ongoing investigation."
Uploaded by
Jack RyanCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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/ 360
Tri-County Major Incident Team
Released Reports (Redacted), Officer Involved Shooting
January 26, 2016 — Robert “LaVoy” Finicum
CSO Supplemental Report 2, Search of Scene. 2
CSO Supplemental Report 3, Interview of Officer 2ou. 5
CSO Supplemental Report 4, Interview of Officer 1... 61
CSO Supplemental Report 5, Scale Diagram of Scene aaa
CSO Supplemental Report 7, DFL Analysis 125
DCSO Supplemental Report 10, Search Forensic Mechanical Inspection (Finicum’s Truck) 136
DCSO Supplemental Report 12, Interview of Officer 4 mcr
DCSO Supplemental Report 13, Interview of Officer 7 se 186
CSO Supplemental Report 14, Interview of Officer § . 213
DCSO Supplemental Report 15, Interview of Officers 6 and & .
CSO Supplemental Report 16, Onboard Computer -Finicum Truck Downloaded 299
DCSO Supplemental Report 17, Autopsy Evidence Collection van sw 30
18CSO Supplemental Report 23, Firearm to OSP Crime Lab 309
DCSO Supplemental Report 25, Evidence to OSP Crime Lab 32
CSO Supplemental Report 26, Jacket and Hat inspected 320
Bend PD Supplemental Report 6, Scene Investigation (Photographs)
SP Supplemental Report 1, Officer B Involvement, Walk through Officer 4 357
(OSP Supplemental Report 2, Officer T Response to Scene .. DESCHUTES COUNTY SHERIFF'S OFFICE wees 2016-00024205
CASE SUPPLEMENT REPORT 2. comecreo
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Redacted, 3/9/2016 - Page 2 000154 DESCHUTES COUNTY SHERIFF'S OFFICE
CASE SUPPLEMENT REPORT casen 2046-00024205
(es Wet gay 20
- en 08977
NARRATIVE
[ATTACHMENTS:
INone
INARRATIVE:
|On 1-26-2016 I was assigned to assist with the investigation into an officer involved shooting in Harney
|County, Oregon.
|On 1-27-2016 at approximately 0330 hours, | arrived at the scene of the shooting on Highway 395 near|
the Joaquin Miller Horse Camp. Upon my arrival, numerous law enforcement agencies and the Oregon
| [State Police Crime Lab personnel were already on scene. | took several digital photographs of the
loverall scene which | later logged into evidence via DIMS.
! observed a newer four door white Dodge diesel pickup with a bed canopy facing north approximately
ten feet off the paved portion of the south bound side of the highway. This vehicle appeared to be high
Jcentered in the deep snow that was alongside the highway. | could see tire impressions through the
lsnow to the south leading up to the Dodge. | observed a newer grey Chevrolet pickup parked in the
northbound lane facing south.
Oregon State Police Crime Lab personnel on scene had already placed numerous yellow evidence
)»-~eards on items in the roadway.
I took digital photographs of both trucks with their placement in relation to each other and the evidence
lin the roadway. | later assisted the Oregon State Police Crime Lab personnel as they collected the
levidence from the scene.
| ater used a metal detector and located one spent silver colored .223/5.56 x 45 caliber center fire rifle
cartridge case near the edge of the roadway on the southbound side. This cartridge case had been
Jobscured by a covering of disturbed snow. | was unable to locate any other cartridge cases in th
Vicinity. Oregon State Police Crime Lab personnel photographed and collected the cartridge case as
levidence.
|On 1-29-2016 at approximately 0700 hours, | assisted Oregon State Police Crime Lab personnel with
collecting and documenting evidence associated with the white Dodge pickup truck in their secure
Jevidence area in Bend. During this search, | located paperwork in both the front and back of the pickup
land a loaded .223/6.6 x 45 caliber magazine hidden in the folds of a blanket that was stretched across.
| _ |the dashboard of the truck.
[During a search of the engine compartment, | observed a shard of copper like metal resting on the
passenger side battery cover,
| observed while Oregon State Police Crime Lab personnel extracted a shard of metal from the driver
side mirror.
01/20/2016 2neo16 14:31
Redacted, 3/9/2016 - Page 3 000155
(a &
DESCHUTES COUNTY SHERIFF'S OFFICE
‘CASE SUPPLEMENT REPORT
(5 Watney 20
en, OR 9704
‘cases 2016-00024205
NARRATIVE (Continuation)
END OF SUPPLEMENTAL REPORT
ar
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Redacted, 3/9/2016 - Page 4
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Redacted, 3/9/2016 - Page 5 000157 DESCHUTES COUNTY SHERIFF'S OFFICE
‘CASE SUPPLEMENT REPORT ‘casen 2016-00024205
(300 ae hey 20
fant ORSTIO
NARRATIVE
(SUMMARY:
jon 1-26-2016, | was working as a detective with the Deschutes County Sherif's Office and was assisting withthe
linvestigation of an Officer Involved Shooting (01S) that occurred in Harney County, Oregon. My intial role was to contact
lone of the officers that discharged a weapon during the Incident and retrieve his/her essential items to be held as evidence.
A ful list of those Items will detailed below. This officer will hereafter be referred to as Officer #2. The Deschutes County
Sheriff's Office was the lead investigating agency In the Officer Involved Shooting with the Bend Police Department,
Redmond Pollce Department and the Oregon State Police (OSP) assisting.
(Case numbers and reports will be completed by the above mentioned agencies as part ofthe Deschutes County Major
Incident Team (MIT), See associated Bend Police Department case number 16-24156, Redmond Police Department case
lnumber 16-24261 and OSP case number $P16-026132 for further information from various MIT roles,
NARRATIVE:
jon the above mentioned date at approximately 1655 hours, | assigned to assist with this investigation. While other
Idetectives went to Burns, Harney County, OR to view the scene of the shooting, I stayed at the Deschutes County Sheriff's
lottice to walt for Officer R2 to arrive with his/her weapon and mission essential gear that was to be held as evidence while
the Investigation was being conducted. it should be noted that the shooting incident took place on Hwy 395 just north of
+= ilewild Snow Park and about 20 miles outside ofthe ity of Burns, Harney County, Oregon,
.dBend Police #3844 were tasked to meet with Officer #2 for evidence collection. At approximately 2000 hours, Officer
2 arrived at the Sheriffs Office. Present with Officer #2 were members of his/her agencies association, legal counsel and
lotticer #7,
| was Informed that Officer #7 secured Officer #2's AR-10 rifle that was fired during the arrests of LaVoy Finicum D8 1-27-
1961, Ryan Bundy DOB End Shawna Cox DOB ach of these individuals were reportedly traveling in
Ja white, 2015 Dodge Ram plekup truck bearing Arizona license plate BMC2300, which was one of two target vehicles in an
larrest plan for the above mentioned individuals.
lortcer #2 and Officer #7 gave a brlef overview of the arrest operation. | was informed that Officer #2 and his/her agency
were requested to assist the lead agency in the arrest operation. | was informed that the lead agency wes the Federal
laureau of investigations (FBI) | was also Informed that the FBI's Hostage Rescue Team (HRT) conducted al of the
Jcoordinating and planning of the arrest aperation.
louring the course of this operation Officer #7 told me that Officer #2 fired his/her AR-10 rifle. Officer #7 retained the
magazine, a black PMAG rifle magazine that contained 18 308 Winchester rounds (bullets). Officer #7 also retained a single
308 Winchester bullet inside his/her right pant pocket that reportedly came from the chamber of Officer #2 rife. It should
be noted that the rifle magazine is 20 round maximum capacity magazine.
lotficer #2 was dressed in a black, 1/2 zip, long sleeve, pull over type sweatshirt, blue jeans and green and black Danner
boots. Officer #2 also informed me that he/she was wearing a protective helmet and ballistics vest during the operation.
lotticer n2 said the vest was marked with the Oregon State Pollce insignia on the front and back of the vest.
1129/2016
2192018 16:38
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CAGE SUPPLEMENT REPORT ‘cases 2016-00024208
. (58 wast egy 20
L ant ORTON
NARRATIVE (Continuation)
43844 took photographs of Officer #2 as he/she was dressed during the arrest operation. We arranged a date for a formal
interview and selzed Officer #2's equipment as evidence. A list of property seized Is as follows:
ITEMS SEIZED
1 FC Winchester .308 bullet located in the front pocket of Officer #7
| black PMAG rifle magazine that contained 18.308 Winchester bullets. This magazine was taken from Officer #2's AR-10
fle after the shooting and retained by Officer #7.
18 rounds of FC Winchester 308 ammunition taken from the above mentioned PMAG rifle magazine, The 18 rounds of 308
lammunition were emptied from the magazine by #3844 and me.
1 Tactical Ordinance TAC-10 (AR-10) type rifle with black Leupold 1 by 6 magnifying scope attached to the top ofthe rife;
Rite serial number TACOOG32. This fle was retained by Officer #7 after the shooting and presented to myself and #3844 at
the Deschutes County Sherifs Office by Officer #7 t was Officer #2' primary weapon system forthe arest operation
+ smith and Wesson MBP 40 Calber semi-automatic handgun attached to Oficer 42's list vest wth holster on his
\t side, This was Officer #2's secondary weapon system with 2 serial number of DUNG477.
1 Speer 40 Caliber round (Bullet) from the chamber of Officer #2's handgun.
15 Speer 40 Caliber rounds (Bullets) from the magazine of Officer #2's handgun. This ammunition was emptied from the
|magazine by #3844 and me to be stored separately
1 black handgun magazine taken from Officer #2's Smith and Wesson 40 Caliber handgun. (previously containing the 15.
rounds of ammunition mentioned above).
2 black, 40 Caliber handgun magazines, each containing 15 rounds of 40 Caliber Speer ammunition. These magazines were
located on an attached, two slotted magazine pouch on the front of Officer #2’s ballistic vest.
2 black, PMAG.223 magazines with 25 and 30 rounds of 223 ammunition respectively. This ammunition was carried by
lofficer #2 only ater the arrest operation and was not on his/her person during the OS.
1 black PMAG AR-10 magazine with 10 rounds of Winchester 308 ammunition Inside. This magazine was located Inside 2
ldrop pouch on Officer 42's ballistic vest. The drop pouch was attached to the left side bottom of the ballistics vest.
1 tactical ballistics vest worn during the arrest operation by Officer #2. This vest has Officer #2's agency markings clearly
represented on the front and back ofthe vest.
1 pair of green and black Danner boots worn by Officer #2 during the arrest operation.
r
(SRT ad
17972016 2re2016 16:38
2:80 Supa e200: Pine 204
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‘CAGE SUPPLEMENT REPORT cases 2016-00024205
0 Wea ge 20
‘Bae, OR 6704
NARRATIVE (Continuation)
1 ballistic helmet, camouflage in color, worn by Officer #2 during the arrest operation,
|The above mentioned tong sleeve sweatshirt and blue jeans worn by Officer #2 during the arrest operation. Officer #2
mentioned that plain clothes were needed for the operation per request from the supervising agency, FBI.
|1 Gerber folding knife attached to the pant pocket of Officer #2.
Jconcwusion:
Il evidence items were placed Into secure storage at the Bend Sheriff's Office evidence room. The photographs were
logged into the Sheriff's Office DIMS computer program.
[4 request for blood and urine from Officer #2 was made upon completion ofthe collection of property and we were
informed that Officer #2 had been advised by counsel/representation not to provide a blood/urine sample.
JOn the following day 1-27-2016, | along with several detectives from the Deschutes County Major Incident Team (MIT)
traveled tothe scene ofthe shooting to prepare forte forma Interview. Officer #3 provided a walk-through of his/her role
“he arest operation during this walkthrough. He/she was then formally Interviewed by Ofcer 43867 and #3844. See
‘supplemental reports for mere information (Send PD case # 16-24156)
[on 01/31/26, at approximately 2:35 PM | interviewed Officer #2 with #3844, We were at the Oregon State Police Office in
|springfield Oregon and the interview wes recorded by a stenographer. Please see the attached stenography report for
| detalls ofthe interview.
|End of report.
1129/2016 28/2016 16:38
2ce0.am igseneanieezaaes Paget OF4
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STATEMENT OF OFFICER WO. 2
Taken at Lhe offices of Oregon State Po.
springfield, Oregon, commancing at 2:45
lanuazy $1, 2018.
APPEARANCES
OFFICER NO. 18, for the officer
OFFICER NO. 16, OSPOA representative
OFFICER NO. 3844
OFPICER NO. 49013
REPORTED BY:
Lice
3620 Gateway,
pom, on Sunday,
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LNOEX
EXAMINATION BY. PAGE
OFFICER NO, 49013 3
EXHIBITS FOR IDENTIFICATION
(None marked.)
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SPRINGFIELD, OREGON, SUNDAY, JANUARY 31, 2016,
OFFICER NO._2
EXAMINATION
No. 49013:
Q. We are formally on the record
I want to make a note that we will use officers!
First names ouly during this interview, and then the
stenographer will later transcribe those officers’ tirst
names inte officer numbers which will be part of the
official record.
1 am OFFICER NO, 49013
Present with mo are
various cepresentatives trom the officer's agency. We
have the officer involved in the incident, and a detective
With the Bend Police Department, along with the
stenographer
ro get started, tf you could just briefly go
Into how Long you've been a certified officer, and bricfly
descrive your training and experience
A
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Okay. I'm going to go into general questions
about your physical and mental state prier to the
incident. Generally on January 26, 2016, how were you
fealing?
A. I was feeling fine
Q. Physically feeling fine?
KR. Yes, I had had a full night's sleep and £1
physically fine.
@. Any {1lnesses that affected you on the day of
the incident?
A. Wo
Q. Did you take any medication or alcohol that
affected your ability on that day?
A. No.
Q. When did you last sleep and how much sleep did
you get prior to that incident?
A. Thad had about between seven and eight hours
sleep the night before
@. Are there any factors that may have affected
your physical or mental state at that time that I did not 16
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just ask you about?
A. No.
@. One Last question on physical and mental state.
bo you require glasses or contact lenses; and if so, were
you wearing them?
A. I'm not required to wear any and [ do not wear
any.
Q. Could you briefly describe your activities tor
the last 24 hours prior to the incident?
A. I'd have to look in my notebook, but 1 had
worked just a partial day the day before, because I was
trying to burn some leave hours that I wouldn't be able to
burn by the end of the month for training, and then I
think I was off at about maybe 2:00 p.m. that afternoon,
and then at 4:00 p.m. I was called back over to Bend, and
I responded back over to Bend, and had an initial brief
from team members and from OFFICER NO. 1 regarding our
assistance with Lhe FBI HRT team IN the operation for the
next dey.
That lasted just a short amount of time, because
we had previously worked on those things, and so there was
really no workup, It was just # refresher.
and then I went to my hotel room and got to bed
probably around 10:00.
Q, Okay.
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A. Got up, I'm aot sure exactly what time I got up.
Probably around 6:00.
a. Okay.
A. t think we met at 7:00 that morning.
Q. Did you meet in Burns?
A, We met -- we met --
0. That morning?
A. The Bend patrol office that morning, the morning
of the incident. Then broke up into our various teams
that we previously designated, and then we traveled out to
Burns.
Q. I'm going to go into some brief questions about
your prior information known and the planning stage.
What did you know about the occupation of
Malheur Wildlife Refuge and the individuals involved prior
to the incident?
A. I'd been involved with it from the beginning,
and we had been, actually been out there on the 1st and
and observing, and I was familiar with the individuals
that were involved, I had an information packet provided
me by the FBI with everybody's names, criminal history if
they had any, general description, photographs.
Q. Okay.
A. And I was also aware of, you know, what they
were there for, and their, I guess their arguments and
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reasons why they felt they needed to be there.
@. Did you have any, in that packet, did you have
any specitic information about the occupiers’ weapons
within that group, body armor or counter surveillance?
All of that, yeah. I had information that
various individuals were known to have firearms, known to
len. = had also scen numerous videos online, an
read articles ou the various individuals, as just trying
to keep myself refreshed and up to date with what was
going on.
In particular, I had watched videos with Ammon
Bundy and with Mr. Finicum, and in particular, Mr. Finicua
I had seen videos in which he stated that he wasn't going
to go to prison, and didn't plan on being taken alive.
@. Po you know anything about the occupiers!
specific stance towards law enforcement?
A, Not = only Mr. Payne, I had read articles in
which he had come to a conclusion that based upon his
interpretation of the law, that he belioved it was
acceptable to, it you are being arrested by a police
officer and you felt that it was unlawful, that it was
acceptable to resist aven te the point of killing the
police officer.
Did you view any media prior to the operation
that gave specific knowledge about subjects involved in
Redacted -S12816-Paget 008167 10
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the operation? You have already talked about some of
that. Is there anything additional?
AL No.
$0 this 1s the opportunity for you to kind of
ypeak freely. From the time that you were first contacted
fur this operation, describe in detail the events that
tvok place.
A. We had met in Burns at the command post, and met
with our counterparts, our team, There was seven of us
from the Oregon State Police that came over as part of a
team to assist FBI ART, and we met with our counterparts
at the CP, kind of went over the plan again, confirmed
some information, whether it was going to be a go or not.
set up a position on Highway 395 with the main arrest
team, which I was part of. Three vehicles. There was the|
beer colored pickup truck, which is a large Dodge
pickup truck, there was my gray truck, which is the same
model and design as the root beer truck, and a van. Those
three vehicles constituted the initial arrest team for the
traffic stop.
0. Okay. |
A. As part of a contingency, there was also other
vehicles from HRT that were involved to provide rear
__ Redacted, 3/9/2016 Page 46 ———__—_——ee+68— 16
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| security
tor
sted
1 and
team,
of one of
two other
vur silver
vehicles that
tru
drivea by
and then also a northern team which
belonged to Wt
OFFICER NO
as a readb:
that were going co in the event it
Okay.
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So the plane that was overhead providing us
updated intelligence continued to give us updates on their
location, direction of travel, et cetera. they gave us
kind of @ countdown that they are within five miles ol
Yous they are within a mile, quarter nite,
As they got about five miles out, we moved our
th cle arres
ee veh team up te -- towards tho edge of the
road, that we would have a visual contact with them as
they drove by, and also so that we could provide
intelligence on any civilian vehicles that it might. have
passed prior to, to provide that to the northern roadblock
team.
Ay we were informed they were a quarter mile
out, a very short period of time went by, and we saw the
white tcuck drive by, which matched the description of the
pie that had been previously given, and the Joep Wranglor
behind it, and we knew that in accordance with the
surveillance from the plane, or the helicopter, whichever
it was, what we were seeing, that was our group.
We exited the road with the root beer truck
being the first vehicle. I was number 2 vehicle. Van was
number 3. Our contingency was that it the first vehicle,
which was the Jeep, that the root beer truck woutd
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initiate a traffic stop with lights, and it was a pretty
good light package on that vehicle as well as mine.
We all turned our lights on. The root beer
truck turned on their lights, and the Jeep Wrangler
immediately slowed and pulled aside and stopped without
any incident whatsoever.
Howaver, the lead vehicle, which was the white
truck, tailed to yield and continued, and our contingency
was that my vehicle would lead and the van would follow in
the event that that vehicle didn't stop, which was the
case.
We pulled around, and rapidly caught up behind
the truck, the white truck, with our lights on, and I saw
them hit their brake lights, and they kind of stopped i
the middle of the road.
At that point I exited the vehicle on the right
front passenger, and took up a position of cover down the
passenger side of the truck, and OFFICER NO. who was my
driver, provided verbal commands to the driver of the
white truck.
OFFICER NO. 13, who 4s an FBI ART member also
exited the left rear of the truck and provided cover with
OFFICER NO. 4.
There was conversations going on in kind of two
locations. OFFICER NO. 4 talking to LaVoy Finicum in the
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he had his windows down, and I could
driver side with
heat conversation going on, and then some FBI members who
and one of our OSP members, OFFICER NO. 5,
were in one ~
were in the van, and they were providing verbal commands
to the passenger on the right front side who had his
window down as well. That passenger, in fact, turned ou
to be Payne.
So initially there was two conversations going
on, two verbal commands going on to those individuals.
Payne kind of stuck his hands out the window and made some
comments, and asked what was going on, and I didn't
exactly hear the verbal commands that were given by the
FBI HRT members. I was more focused on what OFFICER NO.
was doing, and I was kind of overall just watching what
was going on.
So eventually there is conversations between
those HRT members and Payne, and he acts like -
Payne
acts like -- he's kind half out the truck. He acts like
he's going to go back in. He starts to kind of go back
in, and OFFICER NO. 5 fires a 40 millimeter less lethal
sponge tip round which hits him in the arm, and then gives
him moze commands, starts to give commands: "You need to
come out now. Put your hands up," you know, et cetera,
which he did.
He came out, came to the back of the truck. HRT
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members grabbed hold of him, started to search him. Found
a handgun. I don't know where it was on him. I just saw
them pull a handgun out as I briefly looked over, and the
agent, whoever it was, kind of locked around like he
didn't know what to do with it, because everybody had
thei hands full, and he just kind of tussed it over on
the snaw bank next to the van, They pull Rim back, and
contain him in the van.
Ac this point OFFICER NO. 4 is continuing to
give verbal commands and he's stating, "This is the
police. You are under arrest. You need to turn off your
vehicle. Come out with your hands up."
And during one of those repetitions, I heard
Mr. Finicum say, “who are you?”
And OFFICER NO. 4 said, “We are the state
police, You are under arrest, and you necd to come out of
your vehicle with your hands up. Turn your vehicle off."
He said,
‘m nol going to turn my vehicle off
You are going to have to shoot ne
And I looked over at OFFICER NO. @ and I said,
“What did he just say to you?" Because 1 wanted to
confirm that's what I heard, and he said that we are going
to have to shoot him. He's not coming out
So there was, at that point I was organizing a
gas plan. So our plan was to use our less Lethal with
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orange tips that have an OC chemical in them and fire them
through the open window of the passenger side, bounce it
off the front windshield on the inside so that we could
put some gas inside the vehicle and perhaps that would be
enough to prevent him from driving off, maybe weaken the
constitution, so they might at that point comply with our
lawful commands.
while I was organizing that, and they were --
the people in the van were dealing with Mr. Payne,
Mr. Finicum decided to flee.
So the vehicle -- and I should say that prior to|
that, when ho had said that we are going to have to shoot
him and he wasn't coming out, I got on the radio and
informed the team to the north that he's noncompliant,
he's stated he is not going to surrender, and we are going
to have to shoot him.
So Mr. Finicum starts to drive off, Pursuit ts
initiated. I hop back in my vehicle and so does OFFICER
NO. 4 and OFFICER NO. 13, and we are a little bit behind
the game, because they have sped off and we have to stuff
ourselves with all of our gear on back inside this
vehicle.
As soon as I got back in the vehicle, I got on
the radio and informed OFFICER NO. 1 that the vehicle was
fleeing and it was heading their direction.
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ss < TT TS
so we, in pursuit of that vehicle, followed it |
until it started getting close to the roadblock and we
bucked off slightly, anticipating there might be an issue
there.
As we came around the corner and saw the
roadblowk, I observed the white truck swerve to Lhe loft.
tt didn't: appear to be slowing dowa at ali.
slow down and stop, and, in fact, the white truck appeared
to accelerate rapidly away from us, and then maintain that
speed throughout until it got to the roadblock.
The white truck veered to the left and went into
the snow bank next to the vehicle that was on the left
side, and came to a stop In the snow.
As I'm pulling up, T see Mr. Finicum oxit out
| the drivec's door, and run through the snow. Initially he
had his hands kind up to his side, about shoulder height,
and I'm still rolling up as I see him, the first time,
take his right hand and dig it inside his jacket pocket as
it he were reaching for something, and based on my
training and experience, and having been in very similar
situations numerous times, it appeared to me Lhat he was
reaching for a handgun.
I also saw something on his waist band that I
couldn't identity at that distance, and although I had
seen videos before on YouTube of him having a knife that
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he carried on the front of his belt.
But it didn't look like he was reaching for
that. It looked like he was digging in deeper and
reaching for, in my mind I was thinking a shoulder holster
or something like that.
1 told OFFICER NO. 4 to stop the vehicle. He
stopped the vehicle. As } exited, T ran around the front
of my truck, and I could clearly see OFFICER NO. 3 on my
left side up on the snow bank, 1 could see OFFICER NO. 1
on my right side over by the vehicles, and OFFICER NO, 1
had moved up a little bit, OFFICER NO. 3 had moved in a
little bit, and I kind of moved in between them, although
I was still back on the road.
I could see my backdrop, and I could see that
there was nobody behind us. And in my mind, I could see
where OFFICER NO. 1 was focusing, and I saw that OFFICER
No.
and I knew from previous briefing that OFFICER NO.
3 was the less lethal, was going to attempt to use less
lethal means if possible. To apprehend if it went to
that. I knew he only had a pistol, and I knew he was
only, in my mind, 10, 18 feet away from Mr. Finicum.
As I stepped up and was moving, I saw
Mr. Finicum turn his back towards me and OFFICER NO. 1,
and then I saw his right arm again dig deeply in towards
what I would term as maybe a shoulder holster or something
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cu
in that vicinity, and he seemed to struggle for just a
second.
And as I was pulling my scope up, this was
occurring. 1 was pulling my weapon up to shoulder as I'm
moving, and trying to take in where OFFICER NO, 1 and
OFFICER NO. 3 are.
And just as soon as I pulled my rifle up and put
the cross hair on Mr. Finicum, OFFICER NO. 1 fired, and I
distinctly heard him fire, and I knew it was him firing,
for whatever reason.
And as soon as he fired and my scope just came
up and was right in the middle of the back of Mr. Pinicum,
and I squeezed off a single round.
So it was probably, from the time moving, just a
second or two, and then the time bringing my rifle up to
fire, maybe just a second or two. Just a couple seconds.
AU that point Mr. Finicum, I could see that he
was hit, and he immediately went down, and I could, for
whatever reason, I could tell that he was not going to be
a threat, and I knew OFFICER NO. 3 was there and OFFICER
NO. 1 was there covering on him, and I also at that point
had started to see some FBI guys come up on my left flank
moving towards the snow.
So we had quite a few people there again --
(Clarification by the court reporter.)
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Sorry. We had quite a few people in the area at
that time, and I also knew that we still had the threat of
the other, potential threat of the other folks that were
inside the white truck.
So at that point I kind of looked over to my
right and saw several FBI guys behind OFFICER NO. 1's
truck, and they had kind of a view of just the rear of the
truck, maybe the canopy area and where Mr. Finicum was,
but I didn't see anybody further down at the rear of
OFFICER NO. 1's truck. They could actually see the front
of the white truck.
So I repositioned myself to that corner of the
white truck so I could have a direct view inside of the
truck.
There was some, you know, screaming and stuff,
some commands going on, etc., etc. There was some
screaming going on. Some commands were being given by FBI
agents to the people in the truck.
I coordinated with one of their team leaders
about initiating a gas plan so that if there was a
potential for folks in there to want to engage us, it
would make it far more difficult for them to shoot out
when their eyes are all affected and everything by the
gas.
T called up OFFICER NO. 5, and he had a single
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3
launcher, 40 millimeter, less lethal, and asked him to put
a round in the right front passenger window, whieh was up
at that point, s0 that we could break st and see inside.
Up to that point it was very difficult to see tnaide of
te, tlating, Lighting, watever the case.
1 covered OFFICER NO, 5 a5 he stepped out, and
he €(zed a singie round, multh -> single round, Less
lethal into that window, and broke that window.
what was a blue tip sponge I later learned, and
tt dldn't introduce any gas at that point.
our multi launcher, which vas assigned to
was at the von where the -- of correction, was in the zoot
veer truck vhere the initial traffic stop tock place and
the Jeep was stil in place.
I talked with them over the radio, and they were
just finishing up taking their last person into custody.
1 asked then to free up the multi launcher to
get ie to us as soon as they could, which happened in a
fairly short order, and I dizected OFFICER NO. 7 to my
postzion. Me came up and he hed six orange tip oc 40
millimeter less lethal rounds in the multi Launcher.
And at that point I directed him to put rounds
toside the vehicle, the white truck, which he aid. T
covered him, stepped out vith him. He introduced those
six rounds into there, and it was very effective. works
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on cops every time. We were choking and coughing from it,
and it was a great amount of smoke that was coming from
the vehicle.
At that point we maintained that position, and
waited, and the FBI agents on the left side of the truck
to my left were giving the verbal commands, and they took
the various individuals from the truck into custody.
After I had been given the word that the, all
the individuals had been taken out that they believed were
in there, and the vehicle was cleared, I maintained my
position, and they sent a small team from the back of the
truck up on the driver's side and cleared the vehicle.
Nobody else was in there.
once I understood that the truck was clear, I
immediately ran back around over towards Mr. Finicum, and
asked for somebody to get a medic up. Said, “Let's get a
medic up and check him and give him some first aid.”
1 was informed by one of the FBI agents that one
of their officers had been injured, which I to that point
didn't know, and something, in short, it was something
like he had been hit by the white truck or something. So
they said they were tending to him.
So I ran up towards Mr. Finicum with a couple of
FBI agents and I said, “Hey, why don't you guys get up on
there and try to check him, give some first aid.
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I felt a little apprehensive giving him first
aid. If I had been by myself I would have, but having
been involved in the shooting, I felt like if there is
other people there, it might be better if they did it.
So they started checking him, taking his pulse,
checking his pulse, looking for exit wounds, and providing
general first aid.
At that point, recognizing kind of where I fir
in the whole scheme of things, and how it was at that
point kind of slowing down, and there were no other things
that needed to be dealt with, I backed off, and basically
didn't act anymore in taking a role in doing anything
because I had been involved in the shooting.
So I stepped back, and provided information on
where my bullet casing was, on general things that needed
to be done, coordinated some things with other team
members, but I actively didn't do anything after that.
And then after that basically it was just being
on standby until the scene was kind of a little bit
controlled more by other police officers.
I know there was some people that were on the
north side of the roadblock, civilians that had pulled up,
and at one point OFFICER NO. 1 had yelled at them and
given direction to move back and so forth shortly after
the shooting occurred. Aside from that, I'm not sure what
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by
else you need.
Q. Who secured your weapon and when was that
secured after the shooting?
A. After it was -- everything was clear, OFFICER
NO. 7, who was the one who had used the less lethal, he
took my cifle. He took the magazine out, ejected the
casing that was in the chamber, put it in his right front
pocket, put the rifle and the magazine in my truck, and
then it was -- initially it was just in the back seat and
1 didn't go in there for any reason, and then after
several minutes we were getting ready to drive out, and we
took it -- or he took it, rather, OFFICER NO, 7, and
locked it in the left rear vault of my truck. So it was
locked up. He had the ammo and the cartridge that had
been in the chamber, and that's the last I saw of it until
he handed it to you guys.
Q. With that, we will just go over some basic
clarifying questions, if at all, during this you need a
break, make sure you just let us know and we will do that.
OFFICER NO. 3844: I was just going to say, do
you want to take @ quick break?
OFFICER NO. 16: Sure.
OFFICER NO. 386
: This is a good time, I think.
Just for five.
(Short recess.)
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Q. BY OFFICER NO. 49013: We are back on the record
after a short break. It's 1516 hours.
RB. Could I go back to a point?
Q. Yes, you may.
A, I'd like to go back to the point where I'm
getting out of my truck. After Mr. Finicum exited the
| venicle, and I had seen him stick his hand in his cos
once as he was coming out of the vehicle, and as I was
exiting my vehicie and moving to a position to cover
Mr. Finicum and could see OFFICER NO. 3, you know, 10, 15
feet to his left, and then OFFICER NO. 1 to my right, I
recognized that OFFICER NO. 3 was in a very dangerous
position, and he was exposed to the white truck as well as
Mr. Finicum, and as I pulled my rifle up to cover
Mr. Finicum, while this is going on, I'm seeing him turn
and stick his hand into his coat again, as I previously
stated to what I believed, to grab a pistol, and at that
point T believe that if I didn't engage Mr. Finicum, tha
OFFICER NO, 3 was in a very close proximity and probably
would have been shot, and that's what was going through my
mind, is that OFFICER NO. 3 was in a very bad spot.
And ft didn't want to wait -- all these things
cross your mind. I didn't want to wait for him to bring
out a firearm, because I knew that by the time that I was
able to recognize that and deal with it, that he could
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have very likely have shot OFFICER NO. 3.
So as I was bringing my rifle up, T had a scope
on the rifle, which is a one by six power, and T had it on
one power, so { had a wide field of view, and as I brought
the scope up and put the cross hairs on Mr. Finicum’s
back, while I'm seeing him struggle with something in his
coat, I had made a decision at that point that i'm going
to fire my rifle, and had gone through the process of
taking it off safe and started -- and had my finger going
to the trigger and was starting to squeeze it when OFFICER
No. 1 had fired, and so I was already in the process of
firing my rifle at that point, and was just a second
behind OFFICER NO. 1 on that, or whatever it was. I don’t
know.
So I just wanted to explain that, that I felt
OFFICER NO. 3 was in danger, and that I had made that
decision that, in order to protect him, I couldn't wait
for that pistol to come out.
@. And so in your mind, as you explained earlier,
and you correct me if I'm wrong, in your mind, one of
those things that just stood out to you was you did hear
shots being fired from another officer, and in your belief
or that you understood, that's OFFICER NO. 1? It was just
clear in your mind, although you are focused on doing what
you know, you are already intending to do based on your
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fear, but you did believe or know that that's OFFICER NO.
1 shooting right now? Just one of those things that stood
out to your ts that correct?
A. It did, for whatever reason, shooting so often
and having people to your right or left, whatever the
case.
Q. Uh-huh.
A. And as I was moving into that position, seeing
OFFICER NO. L in the position he was in with his rifle up
to his shoulder, and then seeing the threat, I knew that
if there was a shot coming, and it sounded like it was
from him.
Q. Okay.
A. But T had made that determination and was in -
going -- had my finger on the trigger and was starting to
squeeze the trigger when he fired,
Q. Okay. Excellent. Some more clarifying
questions just regarding, I mean we are kind of going to
bullet point through some of these.
With the general OP in itself, which agency, to
your recollection, do you remember requesting your team's
assistance?
A. FBI.
@. And were you provided with @ briefing for the
specific operation?
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A. Yes.
@. And which agency gave that briefing?
A. The FBI.
Q. FBI being the agency that did request your
team's assistance, can you tell me what agency was in
charge of that particular operation?
A. The FBI.
Q. To your knowledge, do you remember if there was,
and if 90, what it was the specific mission for this
particular 0p?
A. ‘This specific mission for this operation was
simply traffic stop and the arrest of the individuals in
the two vehicles.
Q. With the exclusion of yourself, could you tell
me what you believed the specific tasks were for the rest
of the team, FBI if you know, and certainly members of
your team as well?
A, The individuals in the red -- or the root beer
pickup truck had the primary responsibility of detaining
and arresting the individuals in the Jeep.
And there were sub-missions within that, for
example, OFFICER NO..7 having a multi launcher and
providing necessary gas, if needed
And my vehicle, of course there is the driver
There is OFFICER NO. 13, the FBI agent, and myself, and we
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were tasked with, if both vehicles stopped, then we would
simply fan out and maintain cover on the white truck until
the Jeep was cleared, and then we would move forward and
do the same thing with the white truck
Tn the event, as it turned out to be in this
case, that tho white truck fled, my vehicle and the van
were tasked with continuing ty tollow le
ensure, to try te get them to stop in the event that they
just didn't see the first vehicle's lights, and then
Laking Lhem into custody
Q. Safe to say that that particular role and the
role of the northern units were your contingency plan for
the team?
AL That's correct.
@. Was there any other contingency beyond that
north arrest unit?
A, There was not.
Q. Okay. Aside from OFFICER NO. 7, because you
mentioned OFFICER NO. 7 being tasked with the multi
launcher as far as the less lethal goes, were there any
other tore!
options that you knew were available to your
team in specific, or even members of HRT?
A. Yes. OFFICER NO. 3 had the Taser, and we had
the less lethal multi launcher. So we were using those as
a means to use a less lethal option.
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Q. So OFFICER NO. 3 in the tree line very close to
Mr. Finicum, was the -- a less lethal option at that point
in time, too?
A, That's correct.
Q. As far as communication goes, what communication
| devices were used basically during the oP?
A. Our standard Oregon State Police radios.
Q. And were they able to also communicate with FBI?
A. No, And for that reason, we had at least one
OS® or one FBI person intermingled with each vehicle so
that there would be cross communication.
Q. Were your coms working?
A. They were.
Q. Did the FBI, was the plan the entire time for
the FBI just to catch relay from your coms, or did they
have a specific com designation that you know of?
A. We were primarily going to use our tac 2 secure
radio, and then as we gave that information over our car
radios, the agent embedded in the vehicle would be able
to
everybody would hear it once.
Q. All right. For yourself, how was your equipment
selected or altered specifically for this mission?
A. 1 would normally use an M4 carbine 5.56, but
based upon the range that we were working at, open
terrain, and potential that, you know, we may have to deal
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with a vehicle that would be a problem, I chose to use an
AR1O with the 7.62, because of its ballistic capabilities
in open terrain and with dealing with vehicles.
Q. Would that be the only difference to your
recollection of your normal kit or your normal gear?
A. Yes.
Q. The firearms that you were carrying during the
Lame of the incident, were they department owned, issued
weapons, or something else?
A. Department owned and issued.
Q. And were they issued to you?
A. Yes.
@. And do you recall the last time you qualified
with those, and if you don't, I believe that we have your
records.
A. Yeah, I don't recall.
Q. Was the ammunition you were carrying at the time
of the incident department owned or department given or
was it personal?
A. Department owned.
Q. Was it standard ammunition or was it
specifically tailored for this mission?
A. Standard.
Q. And so I know you did talk about this, and I'm
just going to ask it again and see 1f we need to expound
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on any more of it.
You were the trail car driving towards a
roadblock, but prior to that white truck reaching the
roadblock, what was the knowledge you had about the
persons inside, their state of mind, T guess that would be
rather via FBI contact and commands to them or OFFICER NO.
4's contact and commands to the driver, whether or not you
heard anything from the passenger side or if you heard
both, I guess let's see if we can delineate between the
two of them.
A. The only initial information I had was from the
FBI regarding Mr. Finicum, and Bundy, and Payne being in
there.
Q. Okay.
A. And when Payne came out, and he was taken into
custody, I heard him mention something about females being
in the vehicle. It was more of in passing, and I was
dealing with a lot of things at the time.
Q. Sure.
A. But I did vaguely remember he talked about some
other people in the car. I had heard nothing from anyone
else in the vehicle, other than Mr. Payne and Mr. Finicum, |
the only two voices I heard.
Q. Did you hear any commands given by whatever the
arrest team was that was addressing Mr. Payne in specific?
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. I did. T mean I heard them. 1 don't remember
the specifics. I just remember them tolling them it was
the police, and one point OFFICER NO. 5 had given some
verbal commands, it was the police, come out of the
vehicle.
Q Okay. And as tar as OFFICER NO. 4's commands to
Mr. Finicum, you did mention earlier, a9 I don't want to
reiterate any other specifics. Do you remember anything
specifically that he gave command-wise that you didn't
mention in tho earlier statement?
A, Other than, if I recall, he said that it was,
when Mr. Finicum asked who we were, he said, "This is the
Oregon State Police," and I think £ originally said state
police, but he said Oregon State Police, and there were
several times he had told him that we were police, and to
turn off the vehicle, and it became excessive repotition
almost. To exit the vehicle with your hands up. You are
under arrest. Pretty standard. That's what he did, and
it was ignored numerous times.
Qf don't want to put a specific number on it, but
to your recollection, how long did those commands last?
A. You know, we were out there several minutes on
that stop, between the time that Nr. Payne came out and
the pursuit ensued, and at least five or six times that he
continued to give these commands, and that's just OFFICER
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No. 4. That's not including OFFICER NO. 5 or the FBI
agents.
Q. When you saw the white truck approaching the
roadblock, describe to me your perception of whether or
not you thought that he was yielding or any other thoughts
in your mind about what's about to take place here.
A. 1 thought he was going to ram one of the
vehicles is what it looked like to me. I thought he was
going to ram the -- as I'm approaching, the vehicle on my
left, and try to squeeze through it.
So, and in fact when he initially went into the
snow, I wasn't sure if he hadn't hit it or not, 1 didn't
see a dramatic pushing of the vehicle or anything like
that, but 1 didn't know for sure whether he had hit that
vehicle or not, and I had no way of knowing. But my
initial thought was he was going to run through it.
Q. Do you recall an estimated speed? I know you
weren't driving, but do you recall an estimated speed that
you were thinking of as far as that white truck goes, how
fast he was going?
A. 80 or 60, somewhere in there, when he hit the
snow bank.
Q. And about how far back were you, I guess through
the initial pursuit, and then towards the end when he's
approaching the roadblock, could you describe the
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slightly damp, but there was no standing water. It was
3
difference there, if any?
A. Well, we were always trying to catch up at that
point, and once we got to a reasonable distance where we
could -- and OFFICER NO. 4 was driving, and he did a good
job with not getting too close where we couldn't avoid him
if he hit his brakes, or if he was going to be engaged in
some way, and spike strips, we knew there would be spike
strips. So we had a number of things where we were trying
to keep a little bit of a distance. The exact distance, I
couldn't tell you.
Q. Do you remember the weather conditions or road
conditions when the incident took place?
A. There was snow on the side of the road, and snow
accumulation of several feet. The roadway was maybe
clear, and then we would get periods of overcast, and it
was about in the low 40's temperature.
©. Were you injured during this incident at all?
A. No.
@. Do you know or have any perception of any law
enforcement officers injured during this event?
A, Other than the agent that I was told after the
fact had been injured, I don't know anybody else.
OFFICER NO. 3844: Did you specifically witness
anybody being injured or when you saw any kind of actions
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take place that you thought they might have been injured?
THE WITNES:
No.
Q. BY OFFICER NO. 49013: Do you recall the verbal
commands, if any, that you gave?
A. I didn't give verbal commands.
Q. Do you recall any specific verbal commands at
the roadblock?
A. No.
@. Do you recall maybe nonspecifically hearing
verbal commands at the roadblock?
A. I heard voices, I heard people screaming and
yelling something. don't recall what it was, because by
the time 1 had stepped out of my truck and made that
engagement was just a few seconds.
@. So moving on past that, just some general gear
and post shooting question details.
A, Sure.
OFFICER NO. 3844: Apologize. Before we get
into that, specifically you had made @ comment that you
had, at the conclusion of this, you had pointed out your
casing and went into kind of a post shooting role being
the shooter, secure your weapon for evidentiary reasons
and that type of thing. Do you recall who you pointed
your casing out to or whereabouts that was?
THE WITNESS: I believe it was to OFFICER NO. 3,
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and I remember, if I remember, he was taking some photos,
and I said, "Hey, OFFICER NO. 3. My casing is right
here,” and it was over on the -- as you are facing the
roadblock, it would be over on the right side or --
OFFICER NO. 3844: Northbound lane.
THE WITNESS: Yeah. So it was near the edge on
the pavement.
OFEICER NO. 3844: Okay
©. BY OFFICER NO. 49013: Who did you talk to after
the shooting about the incident?
OFFICER NO. 18: You mean other than any
privileged conversations he may have had?
Q. BY OFFICER NO, 49013: Correct.
A, I think just in real general terms,
OFFICER NO, 7, since he drove me back to the office and so
forth, and then OFFICER NO. 3.
OFFICER NO. 16: That's privileged, correct.
Q. BY OFFICER NO, 49013: How was your weapon
normaily carried?
A, You mean?
Q. I would say let's go both like, let's go with
your kit when it's on, not in your vehicle. How do you
normally carry it?
A, When it's not in my vehicle, and we are engaging
in an operation, it's going to be slung, a double point
Redacted, 3/9/2016 - Page 4: 000495 10
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sling over the front of my kit, and with a round in the
chamber and the safety on.
Q. Do you normally load your magazines to a certain
capacity?
AL Yes
@. And could you tell me just regarding the .308,
if you recall?
A. Ido. With the .308, T believe I put 20 rounds
in that magazine, and then obviously one going in the
chamber, there would have been 19 rounds left in the
magazine.
Q. You've mentioned not giving verbal commands. Do
you recall any identifying marks that you were wearing
that identified you as a law enforcement officer?
A, Yes. There is a ~- I had a badge on the front
of my vest, and a tape that said state police or state
trooper.
@. De you remember how far away you were from
Finicum at the time of the shooting?
A. You know, I'm not sure of the distance. My
truck stopped kind of in the middle of the road, and I had
walked around towards the front of ay truck, so it would
have been somewhere in the middle of the road.
@. Do you recall your shot being taken from
somewhere close in distance from the front of your truck?
[Redacted 3/9/2016 -Pagead ________99949g__ 10
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Ey
A. It was relatively close. I know I had
maneuvered a little bit because of OFFICER NO. 1 being to
my right.
Q. Did, to your knowledge, Mr. Finicum get
handcuffed?
AL He did.
@. Do you know by whom?
A. Not by whom in particular, and it was FBI
agents.
@. And you mentioned the medical aid. Was that by
the FBI as well?
A. Correct.
Q. To your knowledge, was Mr. Finicum moved at all
during the course of this?
A, \ Only during the cuffing, and he remained in the
same spot where he fell, but it was just maneuvering his
position in order to put cuffs on, and I also noticed when
they were providing first aid, that a bullet that had
mushroomed as we were lifting -- not me -- as they were
lifting his shirt up kind of fell out onto the snow, and I
remember thinking it looked like a 3.56 round, It
perfectly mushroomed, and it was on the snow underneath
Mr. Finicum, and it was pointed out to other guys there
Q. Okay. You don't know who may have collected
that? 10
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19
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A. I do not.
Q. Okay. Was your vehicle equipped with visual
and/or audio recording device?
AL No.
Q. Was your vehicle equipped with -~ could you just
briefly describe the light package as far as emergency
Lights on your vehicle?
A. Sure. Yeah, There is lights in the grille.
There is a -- lights on the mirrors, and up high in the
front, and they are LED lights so they are actually
extremely bright. There is also a light bar across the
front in the form of a -- I mean it does red and blues,
et cetera.
Q. Okay.
A, So it's a light bar that kind of looks like just
a regular off-roading bar.
Q. Okay. And now, you already mentioned there is
no audio or video recording device that you know of, and
certainly none on you, correct?
A, ‘That is correct.
@. Did anyone, or do you remember who took the
photos at the scene post shooting?
A. Other than OFFICER NO, 3, I have no idea, and T
believe it was OFFICER NO. 3 that was taking photos.
OFFICER NO, 3844: Was he using camera or phone
———— Redacted, 3/9/2016 Page 46 990498 10
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or do you recall what kind of device that was?
THE WITNESS: I don't.
(Discussion held off the record.)
OFFICER NO. 3844: Can I ask you one question?
THE WITNESS: Sure.
OFFICER NO. 3844: When we met with you later
that night and we were taking photographs of the specific
equipment that you were wearing, you weren't wearing a
regular set of uniform, Was there a specific tactical
reason why you weren't wearing a normal set of BDU's or
that type of thing?
THE WITNESS: Yes. Secause we were operating in
the town of Burns, and we knew that there was a lot of
surveillance being done by militia membexs, for lack of @
better term, and that we were in unmarked vehicles and we
wanted to keep our identity as discreet as possible,
especially because we knew we had been given information
from the FBI that they had people that were watching
different areas and would call and provide people at the
refuge with information about vehicle movements.
For that purpose, we used unmarked vehicles and
wore civilian clothing until we got out to our staging
location at the snow park, and while we were at the snow
park, we put on our heavy vests and helmets, et cetera.
OFFICER NO, 3844: Another thing that I noted
|___Redacted 3/9/7016 Page? _______9994g9__1 )
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about, when we were processing the gear that night, was
you had two different ammunition types on your vest. Can
you explain briefly why that was?
THE WITNESS: Absolutely. So after the incident
vccurred, ond we initially went back, my vehicio went hack
Lg the command post, and when [ was at Lhe command post,
some of the individuals on my team that are
were going to be taking up checkpoints were operating AR
10's, and we wore short of magazines, and because we were
short of magazines, T gave up two of my magazines, the
ones that hadn't -- that were in my vest but T had not
used, to one of my team members, a0 that he would have
extra magazines, because we were so short.
And after which when we were Leaveling back from
the CP te Bend, we had boon informed that there was sono
kind of a response from militia members that was in the
works, and that they were upgrading threat levels, and
everybody was concerned about a possible engagement at the
Cv, and also potentially any law enforcement members
driving between Burns and Bend.
So as a result of that and only having a pistol,
1 grabbed two M4 magazines, stuck them in my vest, and f
grabbed my M4 out of the back of my truck sv T would have
a rifle.
OWPICER NO, 3844: And do you recall how those
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were loaded? Because we had --
THE WITNESS: Those were probably 28 or 29
rounds in each of a 30 round magazine.
OFFICER NO. 3844: In a dump pouch off your
belt, there was a 10 round AR1O magazine
THE WITNESS: That's correct.
OFFICER NO. 3844: How was that loaded?
THE WITNESS: That was leaded with 10 tactical
rounds, so they are a little bit different than the match
grade that 1 had in the rifle itself, and those, it's
specifically designed as a barrier penetrator, They hold
together a little bit better, and if I needed to engage a
barrier, I specifically use a 10 round magazine for the
barrier penetrator, so in the dark I can feel that as
opposed to a 20 rounder with match grade and I can switch
if need be.
BY OFFICER NO,‘ 49013: And just to clarify, on
the exchange of your .308 ammunition at the compound or at
the CP, is that the CP at the elementary school?
A. You know, it was, I think it was in Bend.
Q. And -~
A. Our guys were spooling up in Bend.
Q. Oh, okay.
A. And I remember all of our team members were
coming in. Our team members were coming in and one of our
Redacted, 3/9/2016 - Page 49. 900204. 10
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2
members specifically came up and said, "Hey, have you got
any extra magazines? I've only got 4 couple." And that!
when I grabbed those and gave them to him.
Q. And in your mind, was that a mission critical
decision?
A. Absolutely.
Thank you.
OFFICER NO. 3844: Do you recall who you gave
them to?
THE WITNESS: Yeah, I can see his face. I'm
spacing off his name right now. If I had my team member
list I could tell you. 1 think it's OFFICER NO. 14, no}
the same OFFICER NO. 4, a different OFFICER NO.
OFFICER NO, 3844: Okay. Not the same one that
was in your car with you?
THE WITNESS: No.
OFFICER NO, 16: Can we take a break real quick?
OFFICER NO. 49013: Do you need to?
THE WITNESS: If you want the name -~
OFFICER NO. 16: Do you have more questions?
OFFICER NO. 49013: I think we are done.
Twas just going to offer OFFICER NUMBER 2 to ask us
any questions or have any additional coments that he
has.
OFFICER NO, 16: Take a quick break.
___Redacted,2/9/2016 . Page 50 ______999292 10
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B
OFFICER NO. 49013: Sure.
(Short recess.)
Q, BY OFFICER NO. 49013: We are back on the
record.
A. Can I go back one spot?
Q. You may. Now, this is the time where you
can -
A. Okay.
Q. -- £411 in any other details you'd like, ask any
questions you would like.
A. You had ask me about what our team's mission was
going into this, and I said that to do a traffic stop and
arrest.
In reference to that, it was my understanding
thet OSP or my team was going to be doing the traffic
stop, and then the federal agents would be arresting
individuals on their charges. So we were there to assist
them in that aspect.
@. Okay.
A, That's all T have.
Q. That's all T have.
OFFICER NO. 3844: Do you have any questions
for us?
THE WITNESS: No, I appreciate it. No
questions.
Redacted, 3/9/2016 - Page 51 909203. %
OFFICER NO. 16: Thank you.
OFFICER NO. 49013: Record is closed at looks
like 15:94.
(Whereupon, at 3:54 p.m., the interview
10
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23
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terminated.) 14
18
16
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Le
shorthand
thereafter
transcription,
OF OREGON )
COUNTY O# MARION }
Reporter in and for the State of Oregon,
certify:
That said inte
I further certify that 1
of the action.
ll, true, and verbatim record of the said
have no in
Shorthand
do hereby
cw was taken down by me in
at the time and place therein named and
transcribed by means of computer-aided
and that the foregoing transcript contains
interviews
est in the
WITNESS my hand this 4th day of February, 2016
Redacted, 3/9/2016... Page 53
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38:16, 16:23, 175,
$72, 1723,2123,
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ae
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3pn-2:7, 1024,
168.1631, 1647,
i 475, 1720,
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221,261,248,
2723.20, 428
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ableys 12,2828,
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snobtely 1-404,
as
soadamny 11-42
secaarato(- 189
acceptable
20,722
secordancay~
089
‘accumulation )-
sud
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soton 1- 45:16
etn = 28:25,
etvaly 26:17
settles 1-88
ctor 1247,
218
‘adtionaley- 44,
02,4223,
‘addreaaing
025
tect 44,
498,424, 1823
stamoony- 5:14
agency 1-315
220,262,284,
233
‘agent 184,
2828, 210, 3922
242.217, 37390
a8
sided - 45:12
‘echo 447
sity 78
simoetis-31:17|
sitared 2822
aime -22:14
‘Amenan- 7:11.
10,020
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29:17, 2027, 602,
apologicery 34:18
appear 157
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bot): 445
Bane m= 3:17.5:15
5:96,68, 40:15,
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bation 9-244,
aca, <1
between 422,
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29,4020
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braak m= 193,
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bof -:48, 612
rating - $617,
252,282
rei 3:19,
820,88, 155,286,
403
bright) -3815,
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bringing 17:8,
backaropr 16:14
backed 153,
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banks 137,
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8:5, 38:18
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sorta 208
beginning - 8:17
behind 10:18,
192,450, 1095,
188,243
Redacted, 3/9/2016 - Page 54
20. 3718
‘Bundy - 7:12.
810,625, 20:12
burn 8:12. 5:13,
Burrs 86, 6:11,
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BYR-25, 37,
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capantiion =
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command
39,008
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‘comment 34:19
‘commenta 3 +
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ws2811
comply = 48
compound) =
aie
eomputer 45:12
computerated i) -
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‘concerned =
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conclusion.
18,3420,
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1010 30:8. 30:7
‘contingency
24,1024, 119,
2142,2795
‘continued y= 10:4
ss 3428
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$124, 128,1298, deeply 10:24
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coordinated o .
839,216 ar
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corracta}-2620, rere - 3:2,
253,27.14.284, 58 86,324, 1225,
3693,38:17,3752, 388
36:19, 3820,418 | @escrgtlona1-
comection(i- 622.1017
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COUNTY 455 etter -34: 18,
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