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Context of 'April 4, 1993: Davidian Lawyers Say BATF Account of Raid Inaccurate, Plans for Surrender Formulating'

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BATF agents surround the Branch Davidian compound in the first minutes of the raid.BATF agents surround the Branch Davidian compound in the first minutes of the raid. [Source: Associated Press]Agents of the Bureau of Alcohol, Tobacco and Firearms (BATF, sometimes abbreviated ATF) prepare to serve arrest and search warrants against members of the Branch Davidian religious sect, housed in a compound they call Mt. Carmel, on a hill just outside Waco, Texas (see November 1992 - January 1993). The Branch Davidians are a Christian group currently led by David Koresh (see November 3, 1987 and After), who is the prime focus of the arrest and search warrants. Koresh and the Davidians are known to have large stashes of firearms, many of which authorities suspect are illegal to own by US citizens—automatic rifles, machine guns, and the like. Koresh has preached that the End Times, or Apocalypse, will begin sometime around 1995, and the Davidians must arm themselves to prepare for the coming conflict. As a result, Koresh and a number of Davidians have been amassing weapons since 1991, along with gas masks, bulletproof vests, and military-issue MREs, or “meals ready to eat.” [Dean M. Kelley, 5/1995; US Department of Justice, 7/16/1995; PBS Frontline, 10/1995; PBS Frontline, 10/1995]
Large-Scale Raid Launched - After four days of preparation (see February 24-27, 1993), the BATF forces close on the compound: some 80 government vehicles, including two covered cattle trailers containing 70 BATF agents in full SWAT gear, reach the staging area near the compound by 7:30 a.m. Two or perhaps three Texas National Guard helicopters are deployed. [New York Times, 3/27/1993; Dean M. Kelley, 5/1995; Austin Chronicle, 6/23/2000] The raid was originally planned for March 1, but was moved forward when the Waco Tribune-Herald began publishing its “Sinful Messiah” series about Koresh (see February 27 - March 3, 1993). BATF spokesman John Killorin will later say the BATF feared the cult might become more alert to the possibility of a raid once the series started. Tribune-Herald editor Bob Lott will say that the newspaper alerted federal authorities the day before the first installment ran, giving the BATF a chance to review its raid plans. [New York Times, 3/27/1993]
Davidians Alerted - A local news reporter’s discussion with a US postal official inadvertently “tips off” the Davidians to the impending raid (see Before 9:45 a.m. February 28, 1993).
BATF Decides Element of Surprise Unnecessary - Koresh is visibly agitated at the news of the impending raid; he tells Robert Rodriguez, whom many Davidians correctly suspect to be a BATF undercover agent (see January 11, 1993 and After): “Neither the ATF nor the National Guard will ever get me. They got me once, and they’ll never get me again.” Looking out of a window, he adds: “They’re coming, Robert, they’re coming.… The time has come.” Fearing that he will be caught on the premises when the raid begins, Rodriguez makes an excuse and hurriedly leaves. Once off the grounds, he alerts the BATF raid commanders that Koresh knows the agents are on their way. Rodriguez reports via telephone to his immediate superior, BATF tactical coordinator Charles Sarabyn, who relays word to Philip Chojnacki, the agent in charge of the raid. The commanders ask if Rodriguez has seen any signs of alarm or guns being distributed. Rodriguez says he has not, though he tells them that Koresh is so agitated that he is having trouble speaking and holding on to his Bible. According to a Treasury Department report (see Late September - October 1993): “Sarabyn expressed his belief that the raid could still be executed successfully if they hurried. Chojnacki responded, ‘Let’s go.’ A number of agents informed the Treasury investigative panel that Sarabyn said things like, ‘Get ready to go; they know we are coming.’” Chojnacki and Sarabyn decide to rush the raid, hoping to deploy before the Davidians are mobilized. [Newsweek, 5/3/1993; Dallas Morning News, 8/28/1993; Time, 10/11/1993; Dean M. Kelley, 5/1995; House Committee on Government Reform and Oversight, 8/2/1996] Rodriguez will testify that he attempts to find Sarabyn and appraise him of his fears that the Davidians are preparing to resist with violence, but will say that by the time he arrives at the BATF command post, on the Texas State Technical College campus, Sarabyn and his companions have already departed. Rodriguez will testify: “At that time, I started yelling and I said: ‘Why, why, why? They know we’re coming, they know we’re coming.‘… [E]verything was very quiet, very quiet, and if I remember right, everybody was really concerned. I went outside and I sat down and I remember starting to cry.” Sarabyn and Chojnacki will later testify that while they understood Rodriguez’s fears, neither of them believe Koresh is aware of the impending raid; testimony from Rodriguez and another BATF agent, Roger Ballesteros, will contradict their claims. [House Committee on Government Reform and Oversight, 8/2/1996] A Los Angeles Times report later makes a similar claim, apparently based on Rodriguez’s recollections; the BATF will deny that report entirely. A Waco Tribune-Herald article later reports that just before the raid, a voice comes over BATF radios saying: “There no guns in the windows. Tell them it’s a go.” Two weeks after the raid, Newsweek will incorrectly report that Rodriguez, whom the article does not identify, “apparently thought little of the call [alerting Koresh of the impending raid] at the time,” left the compound, and reported an “all clear” to his colleagues. [Newsweek, 3/15/1993] Other reports have Davidians telling one another, “The Assyrians are coming,” and making preparations to resist an assault. [Newsweek, 5/3/1993] In 1996, a Congressional investigation will find that Chojnacki and Sarabyn’s decision to go ahead with the raid even though the element of surprise had been lost was a “reckless” error: “This, more than any other factor, led to the deaths of the four ATF agents killed on February 28” (see August 2, 1996). [House Committee on Government Reform and Oversight, 8/2/1996]
Davidians Resist - The Davidians successfully resist the raid (see 9:30 A.M. and After, February 28, 1993), in the process killing four BATF agents (see 11:00 A.M. and After, February 28, 1993) and bringing about a standoff between themselves and the FBI (see 12:00 p.m. February 28, 1993).

Entity Tags: Charles Sarabyn, Texas National Guard, John Killorin, Philip Chojnacki, Branch Davidians, David Koresh, Waco Tribune-Herald, Texas State Technical College, Bob Lott, Robert Rodriguez, US Bureau of Alcohol, Tobacco, Firearms and Explosives

Timeline Tags: 1993 Branch Davidian Crisis

Six women and one man depart the besieged Branch Davidian compound (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and March 1, 1993) and are taken into federal custody. Two women leave at 1:30 a.m. Davidian leader David Koresh again reneges on his previous promise to surrender (see March 19, 1993), telling FBI negotiators, “I told you my God says wait.” After Koresh’s statement, two more women leave around 10:30 a.m. During the afternoon, a woman and a man leave the compound. The seven Davidians to leave are Victoria Hollingsworth, James Lawton, Sheila Martin, Gladys Ottman, Annetta Richards, Rita Riddle, and Ofelia Santoya. FBI agents say the departures raise hopes that a large-scale surrender may be in the offing, but caution that they have no way to know if any such surrender is actually being planned. In recent days, Koresh has been allowing small numbers of Davidians to leave in return for delivery of items such as milk, medical supplies, and national news magazines with articles about the Davidians. FBI agent Bob Ricks says Koresh can be fractious and uncooperative: “It’s very difficult for him to handle anyone who puts a demand on him,” Ricks says. Koresh has suggested that “certain astrological things” may mean a large-scale surrender is forthcoming. “My understanding is he is relaying to us that certain events have occurred which he takes to be at least a sign, or signs have taken place, and he believes that other things are in motion that would fulfill his desire to have a sign,” Ricks says. Ricks says Koresh has indicated he wants to ensure that he stays alive to spread his message. He quotes Koresh as saying: “I have a great desire to settle this issue. I realize if I’m dead, my message will not come out.” [New York Times, 3/22/1993; Moore, 1995; PBS Frontline, 10/1995]

Entity Tags: Federal Bureau of Investigation, Bob Ricks, Annetta Richards, David Koresh, Victoria Hollingsworth, Rita Riddle, Branch Davidians, Gladys Ottman, James Lawton, Sheila Martin, Ofelia Santoya

Timeline Tags: 1993 Branch Davidian Crisis

Jeff Jamar, the commander of FBI forces on the ground at the Branch Davidian siege near Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and March 1, 1993), overrules objections from US attorneys and Texas Rangers, and allows Davidian leader David Koresh to meet with his attorney, well-known Houston defense lawyer Richard DeGuerin (see March 11, 1993). After an initial telephone conversation, the two men meet at the door of the compound and talk for almost two hours. The next day, Koresh and DeGuerin meet two more times. DeGuerin will tell Jamar that he is “frustrated” in his attempts to negotiate a surrender. [New York Times, 3/31/1993; PBS Frontline, 10/1995] DeGuerin tells reporters that he is “very hopeful” of resolving the situation. Speaking of Koresh, he says: “My client wants everybody to be safe. And so do I.” FBI agent Bob Ricks says agents have an attitude of “guarded or cautious optimism” about the new development. “We are cautiously optimistic that this is one of the significant events necessary to bring this to final resolution,” he says of Koresh’s meetings with DeGuerin. “But we have been disappointed in the past.” Ricks emphasizes that DeGuerin is not negotiating on behalf of the FBI or anyone else. “At this point, he is not acting as a negotiator,” he says. “We have agreed to complete confidentiality and are treating the conversations that he is having with Mr. Koresh as privileged. We are not recording those conversations. We are removing ourselves to a sufficient distance, approximately 75 yards away from the compound, to insure that those conversations will not be overheard.” Ricks does not give details of the conversations between Koresh and DeGuerin. “They’ve been characterized in general terms as dealing with substantive matters and not religious matters,” he says. “That is, how does the system work and what his rights are under the criminal justice system.” [New York Times, 3/31/1993] Koresh also speaks with attorney Jack Zimmerman by phone. Zimmerman represents Koresh’s lieutenant, Steve Schneider. [New York Times, 3/31/1993; Moore, 1995]

Entity Tags: Branch Davidians, Bob Ricks, David Koresh, Jack Zimmerman, Steve Schneider, Federal Bureau of Investigation, Jeffrey Jamar, Richard DeGuerin

Timeline Tags: 1993 Branch Davidian Crisis

Branch Davidian member Rita Riddle, who left the besieged Waco compound days before (see March 21, 1993), says that when Bureau of Alcohol, Tobacco and Firearms (BATF) agents raided the compound (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and March 1, 1993), she saw shots fired from BATF helicopters. BATF and Justice Department officials have denied that any gunfire was delivered from the helicopters, which they say served as observation posts and instruments of intimidation during the raid. Riddle says bullets were coming straight down through the roof, and could only have come from helicopters. “They say these helicopters were not armed. Bull puck,” she tells reporters. “I heard them spraying the building when they went over.” BATF spokesman David Troy says flatly that “the helicopters did not overfly the compound.” The helicopters were made available to the BATF by the Texas National Guard, which had been informed by BATF agents that the compound may have housed a methamphetamine laboratory. Drug interdiction is one reason the National Guard can loan helicopters to another agency. BATF agents told the National Guard that their evidence was based on infrared scans, which located two “hot spots” that sometimes indicate a place where drugs are being manufactured. Riddle says those “hot spots” were places where the Davidians have heaters. “Once they go in there, they’ll be in for a big surprise,” she says. “To my knowledge, there’s nothing illegal in there.” [Los Angeles Times, 3/30/1993]

Entity Tags: Rita Riddle, Branch Davidians, US Bureau of Alcohol, Tobacco, Firearms and Explosives, David Troy, US Department of Justice, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

Lawyer Richard DeGuerin (see March 29-31, 1993) says that talks with his client, Branch Davidian leader David Koresh, have been hampered by Koresh’s gunshot wounds. Koresh was shot by federal agents during a raid on the Davidian compound outside Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993). The compound has been besieged for a month by the FBI (see March 1, 1993), with little progress made in negotiating a peaceful conclusion. DeGuerin says that he and his associate Jack Zimmerman, a lawyer representing Koresh’s aide Steve Schneider, have no plans for further discussions with their clients. “We’ve done about all a lawyer can do now,” DeGuerin says. According to federal agents, doctors say Koresh’s wounds are not life-threatening. DeGuerin says Koresh is “suffering from his wounds, and he’s a little tired” and “needs a doctor.” But FBI agent Bob Ricks says officials will not allow a doctor inside the compound. “There’s plenty of medical attention just a few hundred yards away, and that will all be provided when people come out of the compound,” he says. FBI doctors have examined videotapes of Koresh’s wounds. [New York Times, 4/2/1993]

Entity Tags: Richard DeGuerin, Bob Ricks, Branch Davidians, David Koresh, Federal Bureau of Investigation, Jack Zimmerman, Steve Schneider

Timeline Tags: 1993 Branch Davidian Crisis

Lawyers for the two Branch Davidian leaders besieged along with almost 100 of their followers in their compound outside Waco, Texas (see March 29-31, 1993), make assertions about the February 28 raid on the compound (see 5:00 A.M. - 9:30 A.M. February 28, 1993) that contradict the government’s version of events. Richard DeGuerin represents Davidian leader David Koresh and Jack Zimmerman represents Koresh’s lieutenant, Steve Schneider. DeGuerin and Zimmerman say that, according to their clients, four federal agents were captured in the raid, disarmed, and later released, and that helicopters flying over the main compound building fired shots. Federal authorities deny both claims. Both lawyers have met with their clients today, and one says details of a surrender have been worked out, with a surrender coming after the group celebrates Passover. DeGuerin and Zimmerman refuse to provide any personal observations about conditions inside the compound, saying they fear that such reports could jeopardize their status as lawyers and force them to be witnesses. They refuse to confirm or deny reports by a Davidian who recently left the compound, Rita Riddle (see March 21, 1993), who has said that six Davidians were killed in the raid, including one woman who was slain in her bed.
Government Denies Helicopters Fired into Compound, BATF Agents Captured - A spokesman for the Bureau of Alcohol, Tobacco and Firearms (BATF), Jerry Singer, denies that BATF helicopters had flown over the cult’s compound or fired into it (see March 30, 1993). He also denies that any BATF agents were either captured or released. “No,” he says. “It did not happen.” Both DeGuerin and Zimmerman believe that the helicopters did fire into the upper floors of the compound from above; Zimmerman says: “An expert will be able to tell from the angle of the trajectory plus the pattern whether there are entry or exit holes. If it’s in the ceiling and it’s clearly an exit hole, it had to have come from above. How else could it have come in?”
Koresh Wounded, Not in 'Great Pain' - Both confirm that Koresh was wounded during the firefignt (see April 1, 1993). “I saw the wounds and he did not appear to be in great pain,” Zimmermann says. “But he certainly had his movement restricted and had to shift positions carefully. The wound is a through-and-through flesh wound. For a layman, it would be a wound in the side.”
Lawyers: FBI 'Destroying Evidence' - Both lawyers are concerned with the FBI’s decision to use bulldozers and armored personnel carriers to remove trees, buses, automobiles, boats, and scrub brush from the area surrounding the main buildings. FBI officials say the efforts are “defensive maneuvers,” intended to provide a clear field of fire into the compound. Zimmerman says the FBI is destroying evidence. “When you clear a field of fire it can go both ways,” he says. “There is no question that the FBI is destroying evidence. If nothing else they’ve moved the location of physical objects from a crime scene before they had been photographed.” DeGuerin agrees, saying: “They’re destroying evidence with the bulldozers. That’s what they’re doing.”
Surrender Plans - The Davidians show some desire to surrender, but are “still intimidated by the FBI,” according to Zimmerman, who adds that the Davidians will not surrender “until we know the media are going to be there.” The plans for surrender, Zimmerman says, feature Koresh and DeGuerin walking out in front of the group, with the other sect members in the middle, and ending with Schneider walking out with Zimmerman. “They want the two leaders on either end with Mr. Koresh in front, so that symbolically everyone inside understands it’s okay,” Zimmerman says. “Everyone else comes out single-file and gets processed humanely one at a time. Mr. Schneider stays to the end with me and once we’re out, everyone knows everything is safe and clear and they can come in with their search teams.” Neither DeGuerin nor Zimmerman will say when the standoff may end, only saying that the surrender will come after Passover, and that the group does not celebrate Passover by the traditional Jewish calendar (see April 1-4, 1993). “They’re ready for this to be over but they have a very important agenda with Passover and their holiday,” DeGuerin says. [New York Times, 4/5/1993]

Entity Tags: Jerry Singer, Branch Davidians, David Koresh, Jack Zimmerman, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Richard DeGuerin, Rita Riddle, Steve Schneider, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

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