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Context of 'June 6, 2000: Civil Suit for Davidians Opens with Testimony by Waco Survivors'

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Waco Tribune-Herald headline for its ‘Sinful Messiah’ series, with a photo of Davidian leader David Koresh.Waco Tribune-Herald headline for its ‘Sinful Messiah’ series, with a photo of Davidian leader David Koresh. [Source: Pyreaus (.com)]The Waco Tribune-Herald begins what it calls the “Sinful Messiah” series of articles on Branch Davidian leader David Koresh, formerly Vernon Howell (see November 3, 1987 and After). Based on interviews with former members of the sect, the series accuses Koresh of being a “cult leader” who physically abuses children and takes underage brides, even raping one of them. [Waco Tribune-Herald, 3/3/1993; XTimeline, 7/2010] Two weeks into the standoff, Newsweek will publish an article on Koresh and the Davidians that draws heavily on the Waco Tribune-Herald series. [Newsweek, 3/15/1993] An August 1992 investigation by the Texas Department of Protective and Regulatory Services (DPRS) found no evidence of such claims (see April 1992).
Sexual Abuse Claims - Koresh, the series claims, advocates polygamy for himself, declaring himself the husband of multiple females of the community. The articles say he claims to be entitled to 140 wives or more, can legitimately claim any of the women in the community, has fathered at least a dozen children, and that some of his brides are as young as 12 or 13. The sources claim that Koresh annulled all the marriages among the Davidians, and told the men that they would receive their “perfect mates” in heaven. For the time they are on Earth, he told them, only he would have wives. Koresh keeps the men and women rigidly separated except during Bible studies. [Waco Tribune-Herald, 3/3/1993; XTimeline, 7/2010]
Physical Abuse Claims - The articles claim that Koresh beats children as young as eight months of age. Former Davidian Michelle Tom testified in a Michigan court custody case that Koresh beat her daughter Tarah Tom with a wooden spatula until the girl’s bottom was bruised and bloody. The girl had cried when placed on Koresh’s lap, Tom testified. A former Davidian who refuses to be identified confirms Tom’s story, saying that the little girl’s “bottom was completely black and blue.” During the same court case, Tom and other former Davidians claimed that Koresh was particularly harsh with his own son Cyrus. When Cyrus was three and living with Koresh (then Howell) in Pomona, California, Koresh once tied him to the garage for the night, after telling him that there were rats in the garage who liked to eat children. Tom and others recall hearing Cyrus scream as his father beat him.
Bringing the Apocalypse - Koresh, according to the articles, claims to be the Lamb of Heaven whose mystical task it is to open the Seven Seals of the Biblical Apocalypse, thus bringing about the end of the world. The Davidians, according to the articles, intend to slay all non-believers (whom Koresh calls “the Babylonians”) once the Apocalypse begins, and Koresh’s male children will rule at his side thereafter. Koresh says: “If the Bible is true, then I’m Christ. But so what? Look at 2,000 years ago. What’s so great about being Christ? A man nailed to the cross. A man of sorrow acquainted with grief. You know, being Christ ain’t nothing. Know what I mean?… If the Bible is true, I’m Christ. If the Bible is true. But all I want out of this is for people to be honest this time.” The sources say Koresh uses “mind control” techniques to indoctrinate his followers, including marathon sermons and Bible study sessions lasting up to 15 hours at a stretch. One former member who refuses to be named says of the sessions: “You don’t have time to think. He doesn’t give you time to think about what you’re doing. It’s just bang, bang, bang, bang, bang.” Other methods employed by Koresh include confusing, rapid-fire discourses about abstruse Biblical topics, and a propensity to force community members to listen to sermons at odd hours of the night. Another former member, also refusing to be named, says: “You felt like you were in the know. Others in the world might consider you average. Let them. They were unbelievers. But you knew something they didn’t—something that put you into the ultimate In Crowd, the ones who wouldn’t be taking a dip in the Lake of Fire.”
Sources - The sources for the article include Australians Marc Breault, described as a former “confidant” of Koresh’s who has spoken against Koresh since 1990; Breault’s wife Elizabeth Baranyi; and Jean Smith. Breault, an aspiring musician, admits to feeling resentment towards Koresh—he joined the group in hopes that he and Koresh, himself an accomplished musician, would form a successful rock band, an aspiration that would not be fulfilled. They are joined by former Indiana disk jockey David Jewell, who was never a member of the sect but who sued his ex-wife, Davidian Sherri Jewell, for custody of their daughter Kiri. Breault and other former members say Sherri Jewell was one of Koresh’s wives. Kiri lives in Michigan with her father, while Sherri remains with Koresh. (In 1995, Kiri Jewell will testify that she was raped by Koresh between the ages of 10 and 14—see July 21, 1995). Other sources include Robyn Bunds, one of Koresh’s first “wives” among the community (married to him at age 17, she says, when Koresh and his small group of followers lived in Pomona and La Verne, California). Bunds claims that Koresh told her he raped the 12-year-old sister of his wife Rachel Howell, who, Bunds says, crawled into bed with him to “get warm” and was forced to have sex with him. Koresh has denied the story, and claims to have had only two children, Cyrus and Star, both with his wife Rachel. However, birth certificates for many Davidian children are incomplete; the sources say that Koresh is the father of many of the children, and routinely has the mothers leave his name off the certificates. Bunds tells reporters: “When Vernon came along, he… said you had to give him all your money. You had to live on the property. You had to give up everything else. You had to give him your mind… your body.” She claims her parents gave well over $10,000 to Koresh’s sect and bought a house in Pomona for $100,000 in Koresh’s name (then Howell). She admits to having been jealous over having to share Koresh with his other wives, and says Koresh is the father of her son Shaun, whose birth name was Wisdom Bunds; she says Shaun is terrified of Koresh because he beat him. (Koresh says Bunds, not him, beat her son, an allegation which she admits, though she says Koresh also beat the child.) She says she left Koresh in Pomona after he began having sex with her mother Jeannine, and when he attempted to kidnap Shaun and raise him among the Waco Davidians. Jeannine Bunds is also a source, having left the Waco community shortly after her daughter left Koresh. (Don Bunds, Jeannine’s husband and Robyn’s father, remains in Waco with the Davidians.) Another source is Karl Henning or Hennig (the article uses both spellings), a Vancouver teacher who lived with the sect for two months. He says Koresh holds a “truly amazing accumulation of knowledge.” Also, the article relies on the recollections of Bruce Gent, a former Davidian who says he allowed Koresh to sleep with his teenaged daughter Nicole. Yet another source is Barbara Slawson, a member during the time of Koresh’s predecessors Lois and George Roden, who says she was never impressed with Koresh and left during the time he was solidfying his grasp on the leadership of the group. Slawson says she has two grandchildren in the group. “My primary reason for trying to help is the children,” Breault says. “They have no one else to help them. If people say we were stupid, well, that may be true. But the children aren’t.” Breault says he finally left the group after Koresh had sex with a 13-year-old Australian girl he had brought to Waco merely for sexual purposes. “I realized it wasn’t a matter of Biblical anything,” Breault later testifies during the Jewell custody case. “He just wanted to have sex with her.” Koresh says that Breault sees himself as a rival prophet attempting to convince his followers to join with him against Koresh, and says that Breault is the source of the stories of his alleged sexual relations with underage girls. Breault admits telling Australian Davidians that he, too, is a prophet, though he says he eventually confessed that he had lied to get the Davidians away from Koresh, and that for a time he attempted to create a breakaway, rival sect of the Davidians.
Emotional Control - Jeannine Bunds says Koresh does not physically restrain his members. “I’m over 21, intelligent,” she says. “I could have walked at any time. I chose to stay. He doesn’t keep you. You can leave. What you have to understand, though, is he keeps you by emotion. When you’re down there, it’s all so exciting. You don’t know what he’ll come up with next. I guess everyone is looking for Utopia, Shangri-La. You don’t want any problems. It wasn’t all bad times, you know. The people in this are great. They’ll give you the shirt off their back. They’re nice, like everyone else in the world. Except they believe this.”
Newspaper Asked to Hold Off Publishing Stories - Tribune-Herald managing editor Barbara Elmore says the newspaper put eight months of research into the stories, and held off printing them after federal authorities asked her “not to run anything.” The head of the BATF (Bureau of Alcohol, Tobacco and Firearms) task force investigating Koresh (see June-July 1992) says the stories did not influence the agency’s decision to raid the Davidian compound near Waco (see 5:00 A.M. - 9:30 A.M. February 28, 1993). [Waco Tribune-Herald, 3/3/1993] After the BATF raid, Tribune-Herald editor Bob Lott defends his newspaper’s decision to publish the story, saying: “We’d been working on this story for eight months. It contained a lot of information the public ought to know. We decided it was time to let the public know about this menace in our backyard.… I’m under siege. There has been the suggestion that somehow we are responsible for this tragedy.” BATF spokeswoman Sharon Wheeler says the bureau has no complaints about Lott or the Tribune-Herald, but an unidentified BATF agent has allegedly said part of the responsibility for the deaths of four BATF agents during the raid rests on the local press. The bureau asked Lott to hold off publishing the series a month before the raid; the newspaper gave the bureau a day’s warning before running the first installment. [New York Times, 3/1/1993; Newsweek, 3/15/1993]

Entity Tags: David Jewell, Bruce Gent, Star Howell, Sherri Jewell, Texas Department of Protective and Regulatory Services, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Waco Tribune-Herald, Cyrus Howell, Barbara Elmore, Shaun Bunds, Barbara Slawson, Branch Davidians, Bob Lott, Sharon Wheeler, Tarah Tom, Rachel Howell, Elizabeth Baranyi, Don Bunds, George Roden, Robyn Bunds, Jean Smith, Jeannine Bunds, David Koresh, Kiri Jewell, Nicole Gent, Karl Henning, Michelle Tom, Newsweek, Lois Roden, Marc Breault

Timeline Tags: 1993 Branch Davidian Crisis

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

Sheriff James Harwell. The FBI allows him to negotiate with the Davidians, but only for a brief period.Sheriff James Harwell. The FBI allows him to negotiate with the Davidians, but only for a brief period. [Source: PBS]President Clinton gives his implicit endorsement for a negotiated solution to the standoff between federal agents and the Branch Davidian sect members near Waco (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and 12:00 p.m. February 28, 1993). By 6:00 a.m., the FBI has assumed formal control of the situation. FBI agents set up a fully functioning command post by the afternoon, and FBI agents in armored vehicles surround the compound. FBI Special Agent in Charge Jeffrey Jamar, named site commander, arrives to take charge. Daniel Hartnett, the associate director of enforcement for the Bureau of Alcohol, Tobacco, and Firearms (BATF) also arrives. The Davidians allow 10 children to leave the compound, apparently as a result of intense hostage negotiations between the Davidians and the FBI’s Hostage Rescue Team (HRT) personnel, who have just arrived on-scene. Deputy Treasury Secretary Roger Altman goes to Waco and meets with BATF agent Bill Buford. Davidian leader David Koresh becomes agitated when he sees the vehicles moving in; he is further angered when he learns that the FBI has blocked all incoming and outgoing telephone calls except for communications between him and the negotiators. Koresh assures the negotiatiors that his Davidians are not contemplating mass suicide. FBI Director William Sessions advises Clinton that a “waiting strategy” to handle the situation is best, and Clinton agrees. [Moore, 1995; PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996] Some of the agents who surround the compound have black ribbons on their identification badges to memorialize the four BATF agents slain during the raid. [New York Times, 3/3/1993]
Supplies and Surveillance - Starting today and for weeks to follow, FBI negotiators will provide the besieged Davidians with some requested items, including food and supplies for the children. In some of these provisions, FBI agents insert listening devices, which give the agents a limited amount of knowledge as to topics being discussed among the Davidians. [Dean M. Kelley, 5/1995]
Negotiations - The FBI chooses not to retain the services of BATF agent James Cavanaugh, who successfully negotiated the cease-fire between the BATF and the Davidians; Cavanaugh has already gained a measure of trust from Koresh and his aide Steve Schneider, and had successfully convinced the two to let some children leave the compound. The FBI does allow McLennan County Sheriff Jack Harwell to speak with the Davidians, as the Davidians know him and trust him to an extent. The FBI comes to consider Harwell a “natural” at low-key negotiations. However, within two days, it will prevent him from any further contact with the Davidians. The FBI never allows the Texas Rangers to speak with the Davidians, though the Davidians say they trust the Rangers to treat them fairly; Jamar refuses to speak to Rangers chief David Byrnes. The FBI will later say that it was concerned that “third party” negotiators did not have training in FBI negotiation tactics. [House Committee on Government Reform and Oversight, 8/2/1996]

Entity Tags: FBI Hostage Rescue Team, David Koresh, Dan Hartnett, Branch Davidians, Bill Buford, William S. Sessions, David Byrnes, William Jefferson (“Bill”) Clinton, Texas Rangers, James Cavanaugh, Jeffrey Jamar, Roger Altman, Steve Schneider, Jack Harwell, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

Combat engineering vehicles (CEVs) lined up outside the blazing Branch Davidian compound.Combat engineering vehicles (CEVs) lined up outside the blazing Branch Davidian compound. [Source: PBS]The FBI and local law enforcement officials begin their planned assault on the besieged Branch Davidian compound near Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993, March 1, 1993, and April 17-18, 1993), despite indications that the Davidians inside the compound will retaliate either by firing on the gathered law enforcement officials, by torching the main residential building, or perhaps both (see April 18, 1993). [PBS Frontline, 10/1995]
Warning - At 5:55 a.m., Richard Rogers, the commander of the FBI’s Hostage Rescue Team (HRT), orders two combat engineering vehicles (CEVs, unarmed modifications of Bradley fighting vehicles and the primary means for deplying CS “riot control agent” into the main building) deployed to the main building. One minute later, senior negotiator Byron Sage telephones the residence and speaks with Davidian Steve Schneider. At 5:59, Schneider comes to the phone. Sage tells him: “We are in the process of putting tear gas into the building. This is not an assault. We will not enter the building.” Schneider replies, “You are going to spray tear gas into the building?” Sage says, “In the building… no, we are not entering the building.” At the conclusion of the conversation, Schneider or another Davidian throws the telephone out of the building. [PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996] Minutes later, Schneider slips out, retrieves the phone, and ducks back inside. [Time, 5/3/1993]
Combat Vehicles Begin Deploying Gas, Davidians Open Fire - At 6:02 a.m., the two CEVs begin inserting CS gas into the compound, using spray nozzles attached to booms. The booms punch holes through the exterior walls of the building. The FBI uses unarmed Bradley Fighting Vehicles to deploy “ferret rounds,” military ammunition designed to release CS after penetrating a barricade such as a wall or window. As the CEVs and the Bradleys punch holes into the buildings for the deployment of the gas, Sage makes the following statement over the loudspeakers: “We are in the process of placing tear gas into the building. This is not an assault. We are not entering the building. This is not an assault. Do not fire your weapons. If you fire, fire will be returned. Do not shoot. This is not an assault. The gas you smell is a non-lethal tear gas. This gas will temporarily render the building uninhabitable. Exit the residence now and follow instructions. You are not to have anyone in the tower. The [guard] tower is off limits. No one is to be in the tower. Anyone observed to be in the tower will be considered to be an act of aggression [sic] and will be dealt with accordingly. If you come out now, you will not be harmed. Follow all instructions. Come out with your hands up. Carry nothing. Come out of the building and walk up the driveway toward the Double-E Ranch Road. Walk toward the large Red Cross flag. Follow all instructions of the FBI agents in the Bradleys. Follow all instructions. You are under arrest. This standoff is over. We do not want to hurt anyone. Follow all instructions. This is not an assault. Do not fire any weapons. We do not want anyone hurt. Gas will continue to be delivered until everyone is out of the building.” Two minutes later, Davidians begin firing on the vehicles from the windows. The gunfire from the Davidians prompts Rogers and FBI commander Jeffrey Jamar to decide to change tactics; at 6:07 a.m., the assault forces begin deploying all of the gas at once instead of dispersing it in a controlled manner over the course of 48-72 hours as originally envisioned. [Dean M. Kelley, 5/1995; PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996; USMC Weapons, 2002] (Jamar will later testify that before the assault even began, he was “99 percent certain” that the FBI would have to escalate its assault because the Davidians would open fire.) [House Committee on Government Reform and Oversight, 8/2/1996] As a CEV demolishes the back wall of the gymnasium area of the compound, negotiators broadcast: “David, we are facilitating you leaving the compound by enlarging the door.… Leave the building now.” [Cox News Service, 1/30/2000] Jamar will later explain that the Bradleys do not carry military weaponry. “Of course we had all the firepower removed,” he will say in a 1995 interview. “There were no cannons or anything on them. We used them for transportation. And they’re more than a personnel carrier—they’re a track vehicle. I mean it’s mud, just thick mud there the whole time. And the agents learned how to drive ‘em. But the idea was to protect them as best we could. And we didn’t know—they talked about blowing a 50—did they have rockets? Who knows? Did they have explosives buried in various vicinities? Are they prepared to run out with Molatov cocktails? What’s in their mind?” Jamar is referring to threats made by Koresh and other Davidians to blow up FBI vehicles. As for the CEVs, they are tanks modified for construction and engineering purposes, and are often used as bulldozers. Observers watching the events live on television or later on videotape will sometimes mistake the CEVs for actual tanks, though two M1A1 Abrams tanks are actually on site and take part in the assault. [PBS Frontline, 10/1995; PBS Frontline, 10/1995]
House Report: Davidians Would Certainly Consider FBI's Actions an Assault - A 1996 report by a House of Representatives investigative committee (see August 2, 1996) will note that it is almost impossible for the Davidians not to consider themselves under assault, with tank-like vehicles tearing holes in the building, CS being sprayed everywhere, grenade-like projectiles crashing through windows, men in body armor swarming around the compound, and the sounds of what seems like combat all around them. “Most people would consider this to be an attack on them—an ‘assault’ in the simplest terms,” the report will find. “If they then saw other military vehicles approaching, from which projectiles were fired through the windows of their home, most people are even more likely to believe that they were under an assault. If those vehicles then began to tear down their home there would be little doubt that they were being attacked. These events are what the Davidians inside the residence experienced on April 19, yet the FBI did not consider their actions an assault.” Moreover, the FBI did not consider the close-knit, home-centered community the Davidians have long since formed. “Their religious leader led them to believe that one day a group of outsiders, non-believers, most likely in the form of government agents, would come for them,” the report will state. “Indeed, they believed that this destiny had been predicted 2,000 years before in Biblical prophecy. Given this mindset, it can hardly be disputed that the Davidians thought they were under assault at 6 a.m. on April 19.” [House Committee on Government Reform and Oversight, 8/2/1996]
Monitoring from Washington - At 7:00 a.m., Attorney General Janet Reno and senior Justice Department and FBI officials go to the FBI situation room to monitor the assault. [PBS Frontline, 10/1995]
Buildings Breached - At 7:30 a.m., a CEV breaches the side of one of the main buildings and injects large amounts of tear gas into the interior of the compound. At 7:58 a.m., gas is fired into the second floor of the back-right corner of the building. The FBI asks for more ferret rounds, and by 9:30 a.m., 48 more ferret rounds arrive from Houston. The assault is hampered by the FBI’s dwindling supply of ferret rounds, a CEV with mechanical difficulties, and high winds dispersing the gas. Another CEV enlarges the opening in the center-front of the building, with the idea of providing an escape route for the trapped Davidians. A third CEV breaches the rear of the building, according to a later Justice Department report, “to create openings near the gymnasium.” [PBS Frontline, 10/1995]
Clinton Told Assault Progressing Well - At about 11 a.m., Reno briefs President Clinton, tells him that the assault seems to be going well, and leaves for a judicial conference in Baltimore. During this time, a CEV breaches the back side of the compound. At 11:40 a.m., the FBI fires the last of the ferret rounds into the building. At 11:45 a.m., one wall of the compound collapses. [PBS Frontline, 10/1995]
Transcriptionist Escapes - Ruth Riddle, the typist and transcriptionist sent inside the compound by the FBI to help Koresh finish his “Seven Seals” manuscript (see April 18, 1993), escapes the compound before the fire. She brings out a computer disk containing the unfinished manuscript. [Dean M. Kelley, 5/1995]
Davidians Set Fires throughout Compound - At 12:07 p.m., according to the Justice Department and House reports, the Davidians start “simultaneous fires at three or more different locations within the compound.” An FBI Hostage Rescue Team member reports seeing “a male starting a fire” in the front of the building. Later analyses show that the first fire begins in a second-floor bedroom, the second in the first floor dining room, and the third in the first floor chapel. Evidence also shows that the fires spread according to “accelerant trails,” such as a trail of flammable liquid being poured on the floor. Some of the Davidians’ clothing found in the rubble also shows traces of gasoline, kerosene, Coleman fuel (liquid petroleum, sometimes called “white gas”), and lighter fluid, further suggesting that the Davidians use accelerants to start and spread the fires. [PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996] Within eight minutes, the main building is engulfed in flames. One explosion, probably from a propane gas tank, is observed. Later investigation will find a propane tank with its top blown off in the debris. [House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996] After the compound burns to the ground, FBI agent Bob Ricks tells reporters, “David Koresh, we believe, gave the order to commit suicide and they all willingly followed.” [New York Times, 4/20/1993] Some of the Davidians who survive the conflagration later claim that the Davidians did not start the fires, but arson investigators with the Justice Department and the Texas Rangers, as well as an independent investigator, will conclude that Davidians did indeed start the fires in at least three different areas of the main building. [PBS Frontline, 10/1995] A 1993 Treasury Department report (see Late September - October 1993) will produce audiotapes of Davidians inside the compound and transcripts of conversations, secured via electronic surveillance, discussing the means of setting the fires. Voices on the tapes and in the transcripts say such things as: “The fuel has to go all around to get started.” “Got to put enough fuel in there.” “So, we only light ‘em as they come in,” or as a slightly different version has it, “So, we only light ‘em as soon as they tell me.” Once the fires begin, high winds and the breaches in the walls cause the flames to almost immediately begin consuming the compound. [Dean M. Kelley, 5/1995] In 1999, Colonel Rodney Rawlings, the senior military liaison to the HRT, will tell reporters that he heard Koresh give the orders to start the fires over FBI surveillance “bugs” (see October 8, 1999). Sage later describes the horror that goes through him and his fellow agents when they realize that the Davidians have torched the compound. He will recall “pleading” with the Davidians to leave the compound, and say: “I can’t express the emotions that goes through you. I had to physically turn around away from the monitor to keep my mind focused on what I was trying to broadcast to those people.” He will recall being horrified by the failure of people to flee the compound. “I fully anticipated those people would come pouring out of there,” he says. “I’d been through CS teargas on numerous occasions [in training exercises]. And I would move heaven and earth to get my kids out of that kind of an environment. And that’s frankly what we were banking on. That at least the parents would remove their children from that kind of situation.” Of Koresh, he will say: “By him intentionally lighting that place afire and consuming the lives of 78 people, including over 20 young children, was just inconceivable to me. In 25 years of law enforcement I’ve never been faced with someone that was capable of doing that.” [PBS Frontline, 10/1995] Six years later, the FBI will admit to releasing two pyrotechnic grenades into the compound, but insists the grenades did not start the fires (see August 25, 1999 and After).
Plea for Release - At 12:12 p.m., Sage calls on Koresh to lead the Davidians to safety. Nine Davidians flee the compound and are arrested [PBS Frontline, 10/1995] , including one woman who leaves, attempts to return to the burning building, and tries unsuccessfully to fight off a federal agent who comes to her aid. [New York Times, 4/20/1993] One of the nine runs out of the building at around 12:28 p.m., indicating that even 21 minutes after the fire, it is possible for some of the inhabitants to make their escape. However, most of the Davidians retreat to areas in the center of the building and do not attempt to get out. [House Committee on Government Reform and Oversight, 8/2/1996]
'Systematic Gunfire' - At 12:25 p.m., FBI agents hear “systematic gunfire” coming from inside of the building; some agents believe that the Davidians are either killing themselves or each other. The House committee investigation later finds that FBI agents hear rapid-fire gunshots coming from the compound; while many of the gunshots are probably caused by exploding ammunition, “other sounds were methodical and evenly-spaced, indicating the deliberate firing of weapons.”
Fire Department Responds; Search for Survivors - At 12:41 p.m., fire trucks and firefighters begin attempting to put out the flames. HRT agents enter tunnels to search for survivors, particularly children. [Dean M. Kelley, 5/1995; PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996] No fire trucks are at the scene when the assault begins, and it takes around 25 minutes for the first fire department vehicles to respond to emergency calls from their stations in Waco. Bob Sheehy, mayor of Waco, later says the city fire department “first got a call after the fire had already started.” Ricks explains that fire engines were not brought to the compound earlier for fear that firefighters might have been exposed to gunfire from the compound, and because FBI officials did not expect a fire. “We did not introduce fire to this compound, and it was not our intention that this compound be burned down. I can’t tell you the shock and the horror that all of us felt when we saw those flames coming out of there. It was, ‘Oh, my God, they’re killing themselves.’” [New York Times, 4/20/1993]
Death Toll - In all, 78 Branch Davidians, including over 20 children, two pregnant women, and Koresh himself, die in the fire. Nineteen of the dead are killed by close-range gunshot wounds. Almost all of the others either die from smoke inhalation, burns, or both. [PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996] The number is improperly reported in a number of media sources, and varies from 75 to 81. Even the House committee report does not cite a definitive total. [House Committee on Government Reform and Oversight, 8/2/1996] Some of the FBI negotiators involved in the siege later say that they feel continued negotiations might have saved many, perhaps all, of the lives of those inside the compound. In an interview later in the year, one negotiator tells a reporter, “I’ll always, in my own mind, feel like maybe we could have gotten some more people out.” [New Yorker, 5/15/1995] But HRT member Barry Higginbotham, one of the snipers who observes the Davidians throughout the siege, will later state that neither he nor anyone on his team believed the Davidians would ever willingly surrender. Higginbotham will say: “We just felt that if you make them suffer a little more, deny them perhaps a little more food, lighting, power, things like that inside, that would cause more pressure on their leadership inside. And perhaps their leadership would go to Koresh and pressure him to start negotiating in good faith. It was hard to believe that Koresh was ever negotiating in good faith.” [PBS Frontline, 10/1995] In the hours after the conflagration, Ricks tells reporters: “We had hoped the women would grab their children and flee. That did not occur and they bunkered down the children and allowed them to go up in flames with them.… It was truly an inferno of flames.” Ricks says that authorities receive reports, perhaps from some of the survivors, that the children had been injected with some kind of poison to ease their pain. This claim is never confirmed. [New York Times, 4/20/1993]
In the Bunker - FBI investigators combing the building after the conflagration find an enormous amount of guns and other weaponry inside. Dr. Rodney Crow, the FBI’s chief of identification services and one of the officials who examine the bodies of the Davidians, spends much of his time in the compound’s underground bunker, where many of the bodies are found. Crow later says: “There were weapons everywhere. I don’t remember moving a body that didn’t have a gun melted to it, intertwined with it, between the legs, under the arm, or in close proximity. And I’d say 18 inches to 20 inches would be close proximity.… The women were probably more immersed in the weapons than anyone else, because there was so much weaponry inside the bunker. It was like sea shells on a beach, but they were spent casings and spent bullets. If you had rubber gloves and tried to smooth it away, you’d tear your gloves away from the bullet points that are unexploded, or unspent ammunition. Then as you went through layer after layer, you came upon weapons that were totally burned. Until we got down to the floor, and it was mint condition ammunition there. Ammunition boxes not even singed.” The most powerful weapon Crow finds is a .50-caliber machine gun. Some of the bodies have gunshot wounds. Crow will say: “My theory is there was a lot of euthanasia and mercy killing. That group probably were just about as active as anywhere in the compound, mercifully putting each other out of misery in the last moments.” In total, 33 bodies are found inside the bunker; almost all the women and children found inside the compound are in the bunker. Many are found to have died from suffocation or smoke inhalation (two died from falling debris), but some died from gunshot wounds, and one woman was stabbed to death. [PBS Frontline, 10/1995; PBS Frontline, 10/1995] Local medical examiner Nizam Peerwani later says he does not believe the people in the bunker committed suicide, saying: “There has been a lot of speculation if this is a mass suicide or not. And—did they all go there to die? Ah, we don’t really think so. What I feel personally is that they tried to escape. A bunker was perhaps the safest area in the compound.” [PBS Frontline, 10/1995] Sage will say that he knew the children were dead sometime around 12:30 p.m. He recalls terminating the negotiations at that time, “because I didn’t want the loudspeaker bank to interfere with instructions being given on the ground. At that point in time, I walked over to the site in shock, basically. And, uh, the first thing I asked is, ‘Where are the kids?’” He is told, “Nowhere.” Sage will say: “They had not come out. They had been consumed.” [PBS Frontline, 10/1995]
Koresh's Fate - Koresh and Schneider are found in a small room the authorities call “the communication room.” Koresh is dead of a single gunshot wound to the forehead. Schneider is dead from a gunshot wound in the mouth. Peerwani later says: “Did David Koresh shoot himself and Schneider shoot himself? Or did Schneider shoot David Koresh and then turn around and shoot himself? Certainly both are possible. We cannot be certain as to what really transpired.” [PBS Frontline, 10/1995]
No Ill Effects from Gas - Peerwani and his colleagues examine the bodies for damage caused by the CS gas used in the assault, and find none. While many of the Davidians were exposed to the gas, according to tissue and blood studies, none inhaled enough of it to cause anything more than short-term discomfort. Concurrently, Peerwani and his colleagues find no damage from the propellant used in the ferret rounds. A fire report later written by Texas-based investigators will call the tear gas operation a failure at dispersing the Davidians. [PBS Frontline, 10/1995; PBS Frontline, 10/1995] Medical examinations show that some of the children may well have been overcome by the gas, and rendered unable to escape, but the compound had not been gassed for an hour before the fires began, and CS has a persistence factor of only 10 minutes—in other words, the effects should have worn off by the time the fires broke out. The gas proves ineffective against the adults, because the adult Davidians are equipped with gas masks. [PBS Frontline, 10/1995]
Wrongly Executed Plan - The plan as signed by Reno called on law enforcement forces to deploy tear gas into the compound at stated intervals, then have agents retreat to await evacuees before approaching again. This “passive,” “restrained” approach was to have been followed for up to 72 hours before using assault vehicles to force entry. Instead, the agents wait only 12 minutes before beginning a motorized vehicle assault. [New Yorker, 5/15/1995]
Taking Responsibility - One of the unlikely “heroes” of the debacle is Reno. She signed off on the attack (see April 17-18, 1993), and within hours of the attacks, she holds a televised press conference where she says: “I made the decision. I am accountable . The buck stops here” (see April 19, 1993). She repeats this statement over and over again on national television. [New Yorker, 5/15/1995]

Entity Tags: Bob Ricks, Bob Sheehy, Branch Davidians, David Koresh, FBI Hostage Rescue Team, Barry Higginbotham, Federal Bureau of Investigation, Janet Reno, Jeffrey Jamar, Byron Sage, US Department of Justice, Nizam Peerwani, William Jefferson (“Bill”) Clinton, Richard Rogers, Rodney Rawlings, Rodney Crow, Ruth Riddle, Texas Rangers, Steve Schneider

Timeline Tags: 1993 Branch Davidian Crisis

The Treasury Department issues a 220-page report on the raid mounted by the Bureau of Alcohol, Tobacco and Firearms (BATF) against the Mt. Carmel compound of the Branch Davidians near Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993). The raid resulted in the deaths of four BATF agents, six Davidians, and a 51-day siege culminating in a fiery conflagration that killed most of the Davidians in their burning compound (see March 1, 1993 and April 19, 1993). The report finds that the BATF raid was poorly planned and needlessly aggressive. It criticizes the BATF agents for inadequate information on the Davidians and a plan for an assault dependant on surprise—“shock and awe”—that was carried out even after the Davidians learned of the imminent assault. “The decision to proceed was tragically wrong, not just in retrospect, but because of what the decision makers knew at the time,” the report concludes. The BATF, the report says, handled the situation badly, and then attempted to cover up its poor management with falsehoods and obfustations. “There may be occasions when pressing operational considerations—or legal constraints—prevent law-enforcement officials from being… completely candid in their public utterances,” the report states. “This was not one of them.” After the report is issued, Treasury Secretary Lloyd Bentsen announces the replacement of the BATF’s entire top management; BATF chief Stephen Higgins retires three days before the report is released. Bentsen says, “It is now clear that those in charge in Texas realized they had lost the element of surprise before the raid began.” The field commanders made “inaccurate and disingenuous statements” to cover up their missteps, attempting to blame the agents who actually carried out the raid for their poor planning. [Time, 10/11/1993] However, the report finds that while the BATF made errors during the February raid, the agency was correct in its effort to apprehend violators of federal firearms laws, and the decision to effect a “dynamic entry” was the correct one. The report finds the raid was justified because “[t]he extraordinary discipline that [Davidian leader David] Koresh imposed on his followers… made him far more threatening than a lone individual who had a liking for illegal weapons. The compound became a rural fortress, often patrolled by armed guards, in which Koresh’s word—or the word that [he] purported to extrapolate from the Scripture—was the only law.… Were [he] to decide to turn his weapons on society, he would have devotees to follow him, and they would be equipped with weapons that could inflict serious damage.” The report concurs with BATF claims that Koresh and the Davidians had illegal weapons (see May 26, 1993), though it includes analyses from two firearms experts that show the Davidians may not have had such illegal weapons. The Treasury report repeatedly asserts that Koresh and his followers “ambushed” the BATF agents, finding, “On February 28, [they] knew that [B]ATF agents were coming and decided to kill them.” [Dean M. Kelley, 5/1995] According to a 1996 House investigation, the Treasury report “criticized [B]ATF personnel, but it exonerated all [Justice] Department officials.” [House Committee on Government Reform and Oversight, 8/2/1996]
In Memorium - The Treasury report begins with a black-bordered page reading “In Memory Of” and listing the names of the four BATF officers killed in the raid. [Dean M. Kelley, 5/1995]
Lost the Element of Surprise - Acting Special Agent in Charge Darrell Dyer, the report finds, arrived days before the raid to find no plans had been drawn up; he and another agent drew up a plan that was never distributed. And the agents in charge of the raid, Charles Sarabyn and Philip Chojnacki, decided to stage the raid despite information that the Davidians knew of it and were making preparations to defend themselves. [Time, 10/11/1993]
Falsifications and Questionable Statements - Even before the Waco compound burned, BATF officials were already misrepresenting the situtation. On March 3, 1993, Daniel Hartnett, associate director of law enforcement, told the press that though their agent, informant Robert Rodriguez, knew Koresh had received a phone call, the agent “did not realize this was a tip at the time.” Twenty-six days later, Higgins said, “We would not have executed the plans if our supervisors had lost the element [of surprise].” Both statements are questionable at best. After the compound burned, Texas Rangers asked BATF officials Dyer, Sarabyn, and Chojnacki to show them the plans for the raid; Dyer realized that the rough written plan was not in a satisfactory form, and the three revised the plan “to make it more thorough and complete.” The document they provided to the Rangers did not indicate that it was an after-action revision. The report states: “The readiness of Chojnacki, Sarabyn, and Dyer to revise an official document that would likely be of great significance in any official inquiry into the raid without making clear what they had done is extremely troubling and itself reflects a lack of judgment. This conduct, however, does not necessarily reveal an intent to deceive. And, in the case of Dyer, there does not appear to have been any such intent. The behavior of Chojnacki and Sarabyn when the alteration was investigated does not lead to the same conclusion.” [New York Times, 10/1/1993; Time, 10/11/1993]
Repercussions - Vice President Al Gore recommends that the BATF be dissolved, with its firearms division merged into the FBI and the other two sections merged with the IRS. Bentsen is resistant to the idea. However, such large-scale reorgzanizations are unlikely. After the report is issued, Bentsen removes Chojnacki, Sarabyn, Deputy Director Edward Daniel Conroy, and intelligence chief David Troy from active service. A year later, Chojnacki and Sarabyn will be rehired with full back pay and benefits (see December 23, 1994). [Time, 10/11/1993] The Treasury report, according to author and church advocate Dean Kelley, “helped to diminish criticism of the federal role.” [Dean M. Kelley, 5/1995]

Entity Tags: US Department of the Treasury, Darrell Dyer, Branch Davidians, Albert Arnold (“Al”) Gore, Jr., Charles Sarabyn, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Robert Rodriguez, Stephen Higgins, David Troy, Philip Chojnacki, Dean M. Kelley, Edward Daniel Conroy, Federal Bureau of Investigation, Lloyd Bentsen, David Koresh

Timeline Tags: 1993 Branch Davidian Crisis

Several civil lawsuits filed by survivors of the Branch Davidian tragedy near Waco, Texas (see April 19, 1993), are consolidated and transferred to US District Judge Walter Smith. Smith presided over the criminal trial of 11 Davidians charged with an array of crimes related to the siege and final assault by the FBI (see January-February 1994). The suit alleges the government caused the “wrongful deaths” of the Davidians and asks for $675 million in damages. [Fort Worth Star-Telegram, 7/21/2000]

Entity Tags: Walter Smith, Branch Davidians

Timeline Tags: 1993 Branch Davidian Crisis

House Oversight Committee holds public hearings on the Waco debacle.House Oversight Committee holds public hearings on the Waco debacle. [Source: C-SPAN]The House Oversight Committee releases its report on the FBI’s siege and final assault on the Branch Davidian compound in Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993, March 1, 1993, and April 19, 1993). The report was prepared in conjunction with the House Judiciary Committee. The report spans investigative activities undertaken on behalf of the committees by Congressional investigators from April 1995 through May 1996; the committees took almost three months to write the final report. As part of that investigation, the Oversight Committee held 10 days of public hearings (see August 4, 1995). [House Committee on Government Reform and Oversight, 8/2/1996]
Findings - The report makes the following conclusions:
Branch Davidians Responsible for Situation, Deaths - “But for the criminal conduct and aberrational behavior of David Koresh and other Branch Davidians, the tragedies that occurred in Waco would not have occurred,” the report finds. “The ultimate responsibility for the deaths of the Davidians and the four federal law enforcement agents [referring to the federal agents slain in the February 1993 raid] lies with Koresh.” The Davidians set the fires themselves, the report finds. Moreover, the Davidians had time to leave the premises after their cohorts set the fires, and most either chose to stay or were prevented from leaving by their fellows. The 19 Davidians killed by gunfire either shot themselves, the report finds, were shot by their fellows, or were killed by “the remote possibility of accidental discharge from rounds exploding in the fire.”
Treasury Department 'Derelict' in Duties - Treasury Secretary Lloyd Bentsen and Deputy Secretary Roger Altman were “irresponsible” and “derelict in their duties” refusing to meet with the director of the BATF [Bureau of Alcohol, Tobacco and Firearms, sometimes abbreviated ATF] in the month before the February raid, and failing to ask for briefings. Senior Treasury officials “routinely failed” to monitor BATF officials, knew little to nothing of the plans for the raid, and therefore failed to uncover the significant flaws in the plan. When the raid failed, Assistant Treasury Secretary Ronald Noble tried to blame the BATF for the failure, even though Noble and his fellow Treasury officials failed to supervise the BATF’s plans and activities.
BATF 'Grossly Incompetent' - Some of the worst criticism of the report are leveled at the BATF. The report calls the agency’s investigation of the Davidians (see June-July 1992, November 1992 - January 1993, and January 11, 1993 and After) “grossly incompetent” and lacking in “the minimum professionalism expected of a major federal law enforcement agency.” The agents in charge of planning decided to use a “military-style raid” two months before beginning surveillance, undercover, and infiltration efforts. The agency did have probable cause for a search warrant against Koresh and the Davidians (see February 25, 1993), but the affidavit applying for the warrant “contained an incredible number of false statements.” The BATF agents responsible for the affidavit either knew, or should have known, the affidavit was so inaccurate and false. Koresh could easily have been arrested outside the compound, the report finds; the BATF planners “were determined to use a dynamic entry approach,” and thusly “exercised extremely poor judgment, made erroneous assumptions, and ignored the foreseeable perils of their course of action.” BATF agents lied to Defense Department officials about the Davidians’ supposed involvement in drug manufacturing, and by those lies secured Defense Department training without having to reimburse the department, as they should have. The raid plan itself “was poorly conceived, utilized a high risk tactical approach when other tactics could have been successfully used, was drafted and commanded by ATF agents who were less qualified than other available agents, and used agents who were not sufficiently trained for the operation.” Plan security was lax, making it easy for the Davidians to learn about the plan and take precautions. The report singles out BATF raid commanders Philip Chojnacki and Chuck Sarabyn for criticism, noting that they endangered BATF agents’ lives by choosing to go ahead with the raid even though they knew, or should have known, the Davidians had found out about it and were taking defensive action. “This, more than any other factor, led to the deaths of the four ATF agents killed on February 28.” The report is highly critical of Chojnacki’s and Sarabyn’s rehiring after they were fired (see December 23, 1994). The report also cites former BATF Director Stephen Higgins (see July 2, 1995) and former Deputy Director Daniel Hartnett for failing to become involved in the planning.
Justice Department Decision to Approve Final Assault 'Highly Irresponsible' - The report charactizes Attorney General Janet Reno’s approval of the FBI’s plan to end the standoff “premature, wrong… highly irresponsible… [and] seriously negligent” (see April 17-18, 1993). Reno should have known that the plan would put the Davidians’s lives at extreme risk, especially the children inside, and should have been doubly reluctant because of the lack of a serious threat posed by the Davidians to the FBI or to the surrounding community. Reno should have been skeptical of the FBI’s reasons for ending the standoff: negotiations were continuing, the Davidians were not threatening to break out in force, the FBI’s Hostage Rescue Team (HRT) could have gone longer without mandatory rest and retraining, the Davidians’ living conditions had not significantly deteriorated, and there was no reason to believe that children were being abused or mistreated any more than they may have been before the February raid. “The final assault put the children at the greatest risk.” The report calls the plan to use CS riot control gas “fatally flawed.” CS gas is a dangerous substance, and particularly threatening to children, pregnant women, elderly people, and those with respiratory conditions, all of which were represented in the compound. Some of those who died in the fires may have died from exposure to CS gas before the fires consumed them, the report speculates. The Davidians were likely to react violently and not submissively, as the FBI insisted, and the likelihood of armed resistance and mass suicide in response to the CS gas insertion was high. Moreover, the plan had no contingency provisions in case the initial insertion did not provide the desired result. Reno offered her resignation after the April 19 assault; the report says that President Clinton “should have accepted it.” [House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996]
FBI Pushed for Violent Confrontation Instead of Allowing Negotiations to Continue - The FBI was riven by the conflict between two teams with “incompatible methodologies,” the report finds: the HRT, which ultimately controlled the situation, and the negotiators. Senior FBI agent Jeffrey Jamar almost always sided with the HRT’s aggressive approach, but often “allowed the proposals of each team to be implemented simultaneously, working against each other.” The FBI’s chief negotiator on-site, Gary Noesner, told the committee that the dichotomy between the “action-oriented” HRT and the “nonviolent” negotiators is a problem that the FBI routinely experiences; it was not unique to the Davidian standoff. The two teams battled with increasing hostility and anger towards one another as the siege progressed, with the negotiators becoming less and less influential. The negotiators later testified that the pressure tactics used by the HRT against the Davidians undermined their efforts at winning the Davidians’ trust and rendered their efforts ineffective. FBI profiler Peter Smerick (see March 3-4, 1993, March 7-8, 1993, March 9, 1993, March 9, 1993, March 17-18, 1993, August 1993, and 1995) was particularly harsh in his assessment of the tactics of the HRT during the siege; during his interviews with investigators, Smerick said “the FBI commanders were moving too rapidly toward a tactical solution and were not allowing adequate time for negotiations to work.” Smerick told investigators that while the “negotiators were building bonds… the tactical group was undermining everything.… Every time the negotiators were making progress the tactical people would undo it.” The report concludes, “FBI leadership engaged these two strategies in a way that bonded the Davidians together and perpetuated the standoff.” [House Committee on Government Reform and Oversight, 8/2/1996] After March 2, when Koresh and the Davidians broke what some considered to be a promise to come out (see March 2, 1993), Jamar believed nothing Koresh or the others said, and essentially gave up on the idea of a negotiated surrender. Chief negotiator Byron Sage did not share that view, but Jamar and the HRT officials began thinking, and planning, exclusively on a forced end to the standoff, even ignoring evidence that Koresh intended to lead his people out after completing his work on an interpretation of the Biblical Seven Seals (see April 14-15, 1993). Many FBI officials, particularly Jamar, Noesner, and the HRT leadership, became frustrated and impatient with what the report calls “endless dissertations of Branch Davidian beliefs” (see March 15, 1993), to the point where they ignored the assertions from religious experts that the Davidians could be productively negotiated with on a religiously theoretical level (see March 16, 1993). The FBI, the report says, “should have sought and accepted more expert advice on the Branch Davidians and their religious views and been more open-minded to the advice of the FBI’s own experts.” Jamar and the senior FBI officials advising Reno should have known that the reasons they gave to end negotiations and force an ending were groundless; their advice to Reno was, the report says, “wrong and highly irresponsible.” [House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996] However, some charges against the FBI are baseless, the report finds. CS gas would not have built up in any areas of the residence to anything approaching lethal levels. No FBI agents shot at the Davidians or the compound. No agent set any fires, either deliberately or inadvertently. [House Committee on Government Reform and Oversight, 8/2/1996]
Defense Department Bears No Responsibility - The report finds no reason to fault the Defense Department or National Guard, as no DoD nor Guard personnel took an active part in the assault; the Posse Comitatus Act was therefore not violated. No foreign military personnel or foreign nationals took any part in the assault, though “[s]ome foreign military personnel were present near the Davidian residence as observers at the invitation of the FBI.”
Recommendations - The report recommends that:
bullet the Justice Department consider assuming control of the BATF from the Treasury Department;
bullet Waco residents who made the false statements to law enforcement officials included in the original search warrants should be charged with crimes;
bullet federal agents should use caution in using such statements to obtain warrants; the BATF should review and revise its planning to ensure that “its best qualified agents are placed in command and control positions in all operations”;
bullet senior BATF officials “should assert greater command and control over significant operations”;
bullet the BATF should no longer have sole jurisdiction over any drug-related crimes;
bullet Congress should consider enhancing the Posse Comitatus Act to restrain the National Guard from being involved with federal law enforcement actions;
bullet the Defense Department should clarify the grounds upon which law enforcement agencies can apply for its assistance;
bullet the General Accounting Office (GAO) should ensure that the BATF reimburses the Defense Department for the training and assistance it improperly received;
bullet the GAO should investigate Operation Alliance, the organization that acts as a liaison between the military and other federal agencies;
bullet the FBI should revamp its negotiation policies and training to minimize the effects of physical and emotional fatigue on negotiators;
bullet the FBI should take steps to ensure greater understanding of the targets under investigation (the report notes that had the FBI and BATF agents understood more about the Davidians’ religious philosophies, they “could have made better choices in planning to deal with the Branch Davidians” (see March 15, 1993);
bullet the FBI should ensure better training for its lead negotiators;
bullet FBI agents should rely more on outside experts (the reports notes that several religious experts offered their services in helping the agents understand the Davidians, but were either rebuffed or ignored—see March 3, 1993, March 7, 1993, and March 16, 1993);
bullet federal law enforcement agencies should welcome the assistance of other law enforcement agencies, particularly state and local agencies;
bullet the FBI should expand the size of the Hostage Rescue Team (HRT) “so that there are sufficient numbers of team members to participate in an operation and to relieve those involved when necessary”;
bullet the FBI should conduct further examinations on the use of CS gas against children, those with respiratory problems, pregnant women, and the elderly. [House Committee on Government Reform and Oversight, 8/2/1996]
'Perhaps the Greatest Law Enforcement Tragedy in American History' - In a statement appended to the final report, Representative Steven Schiff (R-NM) calls the Davidian raid, standoff, and final assault “perhaps the greatest law enforcement tragedy in American history.” He writes: “It would not be a significant overstatement to describe the Waco operation from the government’s standpoint, as one in which if something could go wrong, it did. The true tragedy is, virtually all of those mistakes could have been avoided.” His statement decries what he calls the increasing “militarization of law enforcement,” recommends that the HRT be scaled back instead of expanded, expresses little confidence in the FLIR (forward-looking infrared radar) videotapes used to determine when and how the fires were started, calls for stringent limitations on the use of CS gas, and blames the FBI for not allowing many of the residents to escape. He accuses the Justice Department of a “breach of ethics” in what he says were its attempts to conceal and withhold evidence from the committee, and to shape its findings. [House Committee on Government Reform and Oversight, 8/2/1996]
Dissenting Views - The investigating committees’ 17 Democrats issue a “dissenting views” addendum that is highly critical of what it calls the Republican majority’s use of “false assumptions and unfounded allegations” to besmirch the reputations of Reno and Bentsen, and the use of those “assumptions and allegations” to press for Reno’s resignation. [House Committee on Government Reform and Oversight, 8/2/1996]

Entity Tags: Gary Noesner, US Department of the Treasury, US Department of Defense, Branch Davidians, Clinton administration, Dan Hartnett, Federal Bureau of Investigation, FBI Hostage Rescue Team, David Koresh, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Schiff, Charles Sarabyn, Ronald Noble, Janet Reno, Stephen Higgins, House Committee on Oversight and Government Reform, General Accounting Office, Lloyd Bentsen, Jeffrey Jamar, Operation Alliance, Peter Smerick, Roger Altman, Philip Chojnacki

Timeline Tags: 1993 Branch Davidian Crisis

Testimony begins in the civil suit filed by the survivors of the Branch Davidian conflagration outside Waco, Texas (see April 19, 1993), and the family members of those killed in the fire. The plaintiffs claim the government is responsible for the wrongful death of some 80 Davidians (see April 1995). The lead attorney for the plaintiffs, Michael Caddell, shows pictures of 15 children who died in the fire, and tells the jury that each of the children “never owned a gun. Never broke the law. Never hurt anyone.” For his part, US Attorney Michael Bradford, heading the government defense team, calls the Mt. Carmel compound of the Davidians an “armed encampment,” and says the Davidians ambushed agents of the Bureau of Alcohol, Tobacco and Firearms (BATF, sometimes abbreviated ATF) when those agents presented search and arrest warrants to the residents (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and March 1, 1993). Bradford tells the jury that Davidian leader David Koresh is responsible for the fire, not the FBI agents who assaulted the compound with tear gas and assault vehicles (see Late September - October 1993, August 2, 1996, and July 21, 2000). “The responsibility for those tragic events should not be placed upon the shoulders of the brave men and women of the ATF and the FBI,” Bradford says. “The responsibility for what happened at Mount Carmel is on David Koresh and the Branch Davidians. They caused this dangerous situation to occur, and they brought it to a tragic end.” The first to testify are three survivors of the conflagration, marking the first time any survivors have testified in the five-year legal proceedings. The survivors say that government reports of the Davidians being “armed to the teeth” are wrong, and depict the community as a happy, peaceful group. “There were people from all over the world: different personalities, different families, different interests, different likes and dislikes. We were all there for one purpose, and that was the Bible studies,” says Rita Riddle, who lost her brother Jimmy Riddle in the final fire. “David [Koresh] was my teacher.” Jaunessa Wendel, one of the children who left the compound before the fire, says: “It was our home. It was like an apartment building, a community center.” She testifies about bullets smashing through a window during the initial BATF raid, coming perilously close to striking her three younger siblings. “There was glass in my brother’s crib,” she recalls. Wendel’s mother, Jaydean Wendel, died in the shootout. Her father, Mark Wendel, died in the final fire. The three say they never learned to use guns from Koresh and other Davidians, disputing government testimony to the contrary, but admit that Koresh took other men’s wives as his own and fathered many of the community’s children (see February 27 - March 3, 1993). The government lawyers note that Wendel and another adult survivor previously told authorities that, contrary to their testimony today, they saw Riddle carrying or shooting a gun during the BATF raid, a contention that Riddle denies. Wendel says she lied during that testimony for fear that her family “might be split up” by the authorities if she did not tell them what she believed they wanted to hear. Government lawyers repeat earlier testimony from Wendel saying that she saw her mother fire on BATF agents. “You just made all that up?” Bradford asks. [Dallas Morning News, 6/6/2000]

Entity Tags: Mark Wendel, David Koresh, Branch Davidians, Jaunessa Wendel, Jimmy Riddle, Michael Caddell, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Michael Bradford, Jaydean Wendel, Rita Riddle

Timeline Tags: 1993 Branch Davidian Crisis

Judge Walter Smith, presiding over the $675 million civil suit brought by survivors and family members of the Branch Davidian siege near Waco, Texas (see April 1995 and June 6, 2000), rules that the question of whether FBI agents fired on Davidians during the final siege (see May 10, 2000) will not be considered by the advisory jury that will determine whether the government is culpable for the “wrongful deaths” of some 80 Davidians. Instead, Smith says he will revisit the issue when a court-appointed expert becomes available to provide testimony. [Fort Worth Star-Telegram, 7/21/2000]

Entity Tags: Federal Bureau of Investigation, Walter Smith, Branch Davidians

Timeline Tags: 1993 Branch Davidian Crisis

An investigative commission headed by former Senator John C. Danforth (R-MO) finds no wrongdoing on the parts of the FBI, the Bureau of Alcohol, Tobacco and Firearms (BATF), or the Justice Department in their actions during the Waco standoff between law enforcement officials and the Branch Davidians (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and April 19, 1993). Attorney General Janet Reno appointed the commission after documents surfaced in 1999 that indicated an FBI agent fired pyrotechnic gas canisters near the Branch Davidian compound during the raid, possibily contributing to the fire that destroyed the compound and killed many sect members (see August 25, 1999 and After). Danforth’s investigation also finds that, despite the documents, no government agency or individual contributed to any alleged cover-up, and emphatically clears Reno of any responsibility for the calamity. Danforth does find that a single FBI agent fired three flammable gas canisters into a concrete pit some 75 feet from the compound itself, as previously acknowledged. His report concludes that the FBI most likely mishandled that information, though the possibility exists of some sort of deliberate cover-up or falsification of evidence. Danforth’s report also notes that he had encountered “substantial resistance” to his probe from Justice Department officials, in some cases resulting in a “tug of war” over requested evidence that required intervention by Reno’s top deputy. [PBS Frontline, 10/1995; Dallas Morning News, 7/28/2000] Asked whether she feels vindicated by the report, Reno says: “One doesn’t think in terms of exoneration when you look at something like that. That was a terrible tragedy. And what I have always said was we have got to look to the future to see what we can do, what we can learn about human behavior to avoid tragedies like that.” The final report sums up 10 months of investigation, interviews, and evidence assessment; the investigation cost $12 million. [Dallas Morning News, 7/28/2000]

Entity Tags: John C. Danforth, Federal Bureau of Investigation, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Branch Davidians, US Department of Justice, Janet Reno

Timeline Tags: 1993 Branch Davidian Crisis

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