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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

Ten men and one woman, survivors of the Branch Davidian debacle near Waco (see March 1, 1993 and April 19, 1993), are tried for an array of crimes allegedly committed during the initial federal assault on the Mt. Carmel compound (see 5:00 A.M. - 9:30 A.M. February 28, 1993) and the ensuing siege (see August 7, 1993). (Fourteen other survivors face no charges.) All 11 are charged with conspiring to kill federal agents “with malice aforethought,” and for aiding and abetting such killing. A twelfth defendant, Kathryn Schroeder, pleads guilty to a lesser charge and testifies for the government. Some of the defendants also face charges such as using or carrying firearms in the commission of a violent crime. Ten lawyers represent the defendants. The trial takes place in San Antonio and lasts for seven weeks. Trial testimony casts doubt on the government’s tale of a vicious, unprovoked attack on the agents of the Bureau of Alcohol, Tobacco and Firearms (BATF) who raided the compiund, and the cool, entirely professional response of the BATF and FBI. [Dean M. Kelley, 5/1995; Houston Chronicle, 4/21/1997] The defendants accuse the FBI of persecuting them for their unorthodox religious beliefs and for not respecting their constitutional right to bear arms. [Conway and Siegelman, 1995, pp. 244]
Bullet Holes in Door - Attorney Jack Zimmerman, who represented Davidian Steve Schneider and who met with Schneider during the siege, testifies that he saw the double front door of the compound riddled with bullet holes on the outside, presumably from shots fired by the BATF during its February raid. The door was not recovered from the compound after fire destroyed much of it, even though it was made of steel and presumably would not have vaporized in the flames. Texas Ranger Fred Cummings, who testifies about the details of the Rangers’ search for evidence after the fire, cannot explain what happened to the door, though he does acknowledge that FBI and BATF agents had access to the area between the time that the fire subsided and the time the Rangers took over. Presumably, the defense is trying to give the idea that either FBI or BATF agents absconded with the door in order to conceal evidence. Zimmerman also testifies that he saw eight or nine bullet holes in the roof that “caused the building material to be pooched in or down” showing that “the rounds came from above the ceiling down into the room.” Evidence that would confirm or disprove this claim was destroyed in the fire. BATF agent Roger Ballesteros, the agent assigned to lead the assault on the compound through the front door, testifies that he emerged from the cattle trailer carrying the assembled agents and charged for the front door, in full SWAT gear and carrying a shotgun across his chest. Balesteros testifies that Davidian leader David Koresh opened the door and asked, “What’s going on?” (Koresh and the Davidians were aware that an assault by federal agents was underway.) Balesteros testifies that he shouted: “Police! Lay down! Search warrant!” though he admits not mentioning these statements when he discussed the raid with Texas Rangers afterwards. He says bullets, fired from inside the compound by the Davidians, began spraying through the door moments later, and one struck him in the thumb. Asked how he knows that, he says that he saw holes in the door and splinters of wood pointing outward. The door, as established earlier, was steel and not wood.
Davidians Had Guns for Business Purposes, Gun Dealers Say - Testimony from gun dealers shows that the Davidians were acting as gun dealers themselves, buying and selling weapons for profit at gun shows. The prosecution introduces into evidence dozens of guns found in the ashes of Mt. Carmel that had been illegally converted into fully automatic weapons (see May 26, 1993); some of these weapons are proven by their serial numbers to have been sold to the Davidians by the testifying gun dealers. Photographs of engine lathes, a hydraulic press, and a milling machine show that the Davidians had the equipment to modify legal firearms to make them into illegal versions of those weapons. However, the prosecution fails to unequivocally prove that the illegally modified weapons were modified by the Davidians. Two heavy .50-caliber guns are introduced into evidence, along with the appropriate ammunition, but the defense argues that it is not illegal for citizens to own such guns, nor could it be proven that those weapons had been fired.
Unable to Escape - The FBI has always maintained that it took steps to ensure that any Davidian who wanted to leave the compound during the last assault could do so. Tarrant County medical examiner Dr. Nizam Peerwani, testifying about the condition of the bodies found, notes that some Davidians, such as Schneider and Koresh, died from close-range bullet wounds in the head, indicating that they had no intention of trying to escape. However, several women’s bodies were found in the hallway leading to the trapdoor access to the underground school bus at the north end of the building that had been constructed as a tornado shelter. Apparently the women were trying to leave, but they could not because the trapdoor had been buried by debris from the collapsing of the wall pushed in by a tank prior to the fire. All of the children who died in the conflagration, and many of the women, were found in a cinderblock room used for cold storage of food. The room, located under the four-story guard tower, was the strongest and safest area of the compound, furthest from the gas and the FBI armored vehicles. Around 30 bodies were recovered from that room; many, especially the smaller children, were covered with blankets, sleeping bags, and extra clothing, apparently due to attempts by the women to protect the children from the gas and fire. When the room collapsed in on itself, the tower fell on it. Those inside the room died from suffocation, blunt trauma from debris impact, close-range gunshot wounds, and/or smoke and fire.
Gas, Armored Vehicles - FBI agents testify that hundreds of canisters and “ferret rounds” containing CS gas were “inserted,” or fired into, the compound. Some of the ferret rounds bounced off the frame walls, but many entered through windows and other openings. FBI testimony shows that the Davidians began to fire at the agents, or their armored vehicles, after the gas was introduced. When the Davidians began shooting, agents testify, they abandoned the plan to slowly and measuredly introduce gas into the compound over a matter of hours, and began firing gas into the compound as quickly as possible. The order to use CEVs (combat engineering vehicles) to push in walls of the compound were given in order to allow observers to see inside. The CEVs also pressed forward through the compound towards the guard tower (where, unbeknownst to the agents, the women and children were gathering to escape the assault). By that point, the original plans for a gradual and careful assault had been all but abandoned.
Fire - The government prosecutors introduce a plethora of evidence that shows the Davidians themselves set the fires that eventually burned the compound to the ground. High winds aided the spread of the flames. The defense claims that Davidians did not start the fires, but instead the tanks and CEVs knocked over Coleman lanterns, being used for light because the FBI had cut the electricity to the compound. Prosecutors play audiotapes and enter transcripts of the Davidians allegedly making preparations to set the compound afire, obtained through electronic surveillance. 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.” The defense argues that if the Davidians indeed poured lantern fuel or other accelerants through the compound, they were doing so in an attempt to stave off the incoming armored vehicles. Defendant Graeme Craddock told a Texas Ranger that he was ordered by one Davidian, Wayne Martin, to pour lantern fuel on any tank that came in through the wall and to light it—a last-ditch tactic that might result in the defenders’ death as well as the attackers’. Testimony shows that the FBI had alerted the Burn Unit at Parkland Memorial Hospital early that morning to be prepared to receive burn victims, and asked for directions as to how to land helicopters bearing burn victims at the hospital. FBI agents wore fireproof suits for the assault. And a helicopter carrying a Forward-Looking Infra-Red (FLIR) camera circled over the complex, ready to photograph any outbreak of fire. The FBI maintains that it was prepared for fire, but had no intention of actually causing a fire. The defense notes that the FBI did not initially bring up fire-fighting equipment to the compound. A government witness, arson investigator William Cass, says that films taken at the time of the fire show fire starting almost simultaneously at 12:11 p.m. The strong winds, aided by the holes punched in the walls by the CEVs, helped the fire engulf most of the compound within five minutes. The defense shows an earlier portion of the FLIR video showing a flash or flare of heat in the gymnasium area taking place at 12:08 p.m. Cass testifies that he has never seen that video. Observer logs show that two reports of fire in the gym were made at 12:11; Cass testifies he has never seen those logs. The logs were handled by Paul Gray, chief of the arson investigating team. The defense shows that Gray often testifies on arson incidents on behalf of the BATF, and his wife works in the BATF’s Houston office. Gray’s final report claims that CN tear gas is not flammable and would have actually impeded the spread of fire; testimony shows that the assault did not use CN tear gas, but a very different substance, CS gas delivered by a rather flammable propellant. In 1995, a surviving Davidian will confirm that the sect members, and not the FBI, actually set the fires (see August 4, 1995). In 1999, the FBI will admit to firing pyrotechnic gas canisters into the compound, but will deny that the devices started the fires (see August 25, 1999 and After). In 2000, a prosecutor will be charged with hiding evidence about the canisters from the defense and from a subsequent government investigation (see November 9, 2000).
Verdicts - The jury finds the defendants not guilty of the two most serious crimes, conspiracy to murder federal agents, and aiding and abetting such a conspiracy. The jury convicts five defendants of voluntary manslaughter, defined by Judge Walter Smith as acting “in the sudden heat of passion caused by adequate provocation.” Two defendants are convicted of firearms charges. Seven defendants are convicted of using and carrying firearms “during and in relation to a crime of violence,” convictions set aside by the judge because of the jury’s failure to convict the defendants of guilt in committing those crimes of violence. (The judge later reinstates those convictions.) In all, four are acquitted of all charges and seven are convicted of various crimes. Davidians Renos Avraam, Brad Eugene Branch, Jaime Castillo, Livingstone Fagan, and Kevin A. Whitecliff receive 10-year sentences for voluntary manslaughter, and additional 30-year sentences for using a firearm in a violent crime. Craddock receives 20 years for possessing a grenade and using a firearm in a violent crime. Paul Gordon Fatta receives a 15-year sentence for possessing and conspiring to possess machine guns, though he was not present during the siege. Ruth Riddle is convicted of using or carrying a weapon during a crime. And Schroeder, who cooperated with the prosecution, is convicted of forcibly resisting arrest. [Dean M. Kelley, 5/1995; Houston Chronicle, 4/21/1997; Associated Press, 4/19/2006]

Entity Tags: Fred Cummings, US Bureau of Alcohol, Tobacco, Firearms and Explosives, David Koresh, Wayne Martin, William Cass, Federal Bureau of Investigation, Steve Schneider, Brad Eugene Branch, Branch Davidians, Ruth Riddle, Walter Smith, Renos Avraam, Graeme Leonard Craddock, Jack Zimmerman, Jaime Castillo, Roger Ballesteros, Kathryn Schroeder, Livingstone Fagan, Kevin A. Whitecliff, Paul Gray, Nizam Peerwani, Paul Gordon Fatta

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

Judge Walter Smith, presiding over the $675 million wrongful-death civil suit filed by a number of Branch Davidians (see April 1995) against the federal government and a number of its employees and officials, removes some of the defendants and plaintiffs from the proceedings. However, he rules that the case can go to trial. [Fort Worth Star-Telegram, 7/21/2000]

Entity Tags: Branch Davidians, Walter Smith

Timeline Tags: 1993 Branch Davidian Crisis

James B. Francis Jr., the head of the Texas Department of Public Safety and a fundraiser for the presidential campaign of Governor George W. Bush, convinces federal judge Walter Smith to order that government vaults containing 12 tons of evidence from the Branch Davidian compound near Waco be opened, and the contents reexamined. The Davidian compound was destroyed six years ago as the culmination of a 51-day standoff between the residents and the FBI (see April 19, 1993). Smith orders the reopening of the vaults after inquiries from an independent filmmaker, Michael McNulty (see July 29, 1999), and a lawyer, David Hardy, who has long challenged the government’s account of events. There are three kinds of evidence to be examined, Francis has said: “One is shells, shell casings, physical things. The second type of evidence is video and still photographs. The third type are interviews done there on the spot at the time.” Smith’s order reads in part: “First and foremost, the parties to civil litigation pending in this court have the right to seek access (see April 1995). Second, the events that took place between Feb. 28 and April 19, 1993, and thereafter, have resulted in sometimes intense interest from the national media and the members of the public. There may come a time when persons other than the current civil litigants would be allowed access to the materials.” [Associated Press, 8/10/1999; Associated Press, 9/10/1999; Associated Press, 9/17/1999] One document that will prove to be extremely significant is the 49th and final page of a December 1993 lab report that has long ago been made available to lawmakers and attorneys. The 49th page had been removed. It states that FBI investigators who examined the scene at Waco found a “fired US military 40mm shell casing which originally contained a CS gas round,” and two “expended 40mm tear gas projectiles.” (The Justice Department will later claim that the prosecution and defense lawyers in the civil trial received the 49th page as well.) [Associated Press, 9/11/1999] The Texas Rangers review the contents, and find a spent military tear-gas canister, which forces the FBI and the Justice Department to admit that their agents fired incendiary gas canisters into the compound during the final assault (see August 25, 1999 and After). The government has previously denied firing any weapons into the compound that might have caused the conflagration that consumed the building and killed almost all of the residents. As a result of the investigation, the federal government names a special prosecutor to investigate whether there was a government cover-up (see September 7-8, 1999 and July 21, 2000), and Attorney General Janet Reno (see July 29, 1999) has to weather calls from Republican lawmakers to resign. Later, Francis denies reopening the case for political reasons. His decision “unleashed a series of forces that were apparently a lot bigger than what I recognized,” he will say. “I never dreamed that it would turn into something like this.” He will claim that he is “doing everything in my power to not politicize this” controversy. Governor Bush himself refrains from commenting on the issue, though his chief of staff helped bring McNulty and Hardy to Francis’s attention. Hardy will say of Francis, “I don’t think there’s any question that he is the shining light of this entire inquiry.” Hardy used his friends in the Texas gun lobby to contact former Texas Senator Jerry Patterson; Patterson contacted Bush’s chief of staff Clay Johnson, who in turn referred him to Francis. “I think what happened to Jim Francis is he initially wanted to be very low-key and then as more and more revelations began to surface, he became angry and disgusted, as all of us are,” Patterson will say. “This was not a role that he sought.” As for his own role, Francis will say: “It’s important that the facts come out, whatever those are. I’m not a hero, but I have done the right thing.” [Excite, 7/28/1999; Excite, 7/29/1999; Associated Press, 8/10/1999; Associated Press, 9/10/1999; Associated Press, 9/17/1999] In July, the Justice Department called Francis’s allegations of mismanagement and possible cover-ups “nonsense.” [Excite, 7/28/1999; Excite, 7/29/1999]

Entity Tags: Branch Davidians, George W. Bush, David Hardy, Clay Johnson, Federal Bureau of Investigation, Walter Smith, Texas Rangers, James B. Francis Jr, US Department of Justice, Janet Reno, Michael McNulty, Jerry Patterson

Timeline Tags: 1993 Branch Davidian Crisis

Pyrotechnic CS gas canisters.Pyrotechnic CS gas canisters. [Source: Law Enforcement Equipment Distribution]According to newly presented documents, the FBI used two or three pyrotechnic tear gas canisters during the raid on the Branch Davidian compound near Waco, Texas (see April 19, 1993). The documents contradict earlier FBI and Justice Department claims that law enforcement officials did nothing that could have contributed to the fire that killed over 80 sect members. Former senior FBI official Danny Coulson begins the revelations by admitting to the Dallas Morning News that the FBI had indeed used pyrotechnic grenades, though he says the grenades did not start the fires that consumed the building. Texas Department of Public Safety Commission Chairman James Francis says the Texas Rangers have “overwhelming evidence” supporting Coulson’s statement. “There are written reports by Rangers, there is photographic evidence, there is physical evidence, all three of which are problematic,” Francis says. Coulson, the founder of the FBI’s Hostage Rescue Team and a former assistant deputy director, says that two M651 CS tear gas grenades were fired into the building, but they were fired hours before the blazes erupted. Attorney General Janet Reno, who tells reporters she knew nothing of the grenade usage and is “very, very frustrated” at the knowledge, appoints former Senator John C. Danforth (R-MO) as the head of an investigatory commission (see September 7-8, 1999); Danforth will find that, regardless of the use of the pyrotechnic gas canisters, law enforcement officials were not responsible for the fire, and neither the FBI nor the Justice Department tried to cover up any actions (see July 21, 2000). [PBS Frontline, 10/1995; Dallas Morning News, 8/25/1999; Salon, 9/9/1999] The military M651 canisters, which burn for about 30 seconds to heat and release the solidified tear gas inside, were fired from a Bradley fighting vehicle at a bunker near the main building (see September 3, 1999). After the assault, a Texas Ranger found a spent 40mm gas canister shell lying on the ground and asked a nearby FBI agent, “What’s this?” The agent promised to find out, but never returned with an answer; the shell went into evidence containers (see August 10, 1999 and After). Two weeks after the FBI acknowledges the use of incendiary gas canisters at the Waco assault, Reno testifies on the matter to the House Judiciary Committee. She says that, based on the briefings she had been given (see April 17-18, 1993), “It was my understanding that the tear gas produced no risk of fire.… That fire was set by David Koresh and the people in that building.” After her testimony, Senate Majority Leader Trent Lott (R-MS) calls on Reno to resign. [Newsweek, 9/6/1999; Associated Press, 9/10/1999] FBI agent Byron Sage, the chief negotiator during the Davidian standoff, will say in 2003 that the incendiary gas canisters could not have set the fires. “This is the critical point, the M651 rounds were never directed towards the wooden structure,” he will say. “They were used in an area yards away from the building. Also, they were used earlier in the day. The fire didn’t start until four hours later. They had absolutely nothing to do with that fire.” Sage will say that the canisters were fired only at a construction pit near the compound where other gas-discharging devices had been smothered in mud. The pit was targeted because some Davidian gunfire during the ATF raid had come from that area, he will say. [Waco Tribune-Herald, 3/16/2003] Charles Cutshaw, an editor of Jane’s Defense Information and an expert on this kind of weapon, says these military tear gas cartridges are not intended to start fires. He says he knows of no studies or reports on how often such cartridges may have caused fires. [Washington Post, 9/4/1999] Shortly after the admission, federal prosecutor Bill Johnston, one of the lawyers for the government in the wrongful-death lawsuit filed by surviving Davidians (see April 1995), informs Reno that government lawyers had known for years about the use of pyrotechnic tear-gas rounds (see August 30, 1999). Johnston will be removed from the lawsuit and replaced by US Attorney Michael Bradford. [Fort Worth Star-Telegram, 7/21/2000] He will also plead guilty to concealing evidence from investigators concerning the canisters (see November 9, 2000).

Entity Tags: FBI Hostage Rescue Team, Bill Johnston, Danny Coulson, Byron Sage, Branch Davidians, Federal Bureau of Investigation, James B. Francis Jr, Trent Lott, Janet Reno, US Department of Justice, John C. Danforth, Texas Rangers, Charles Cutshaw, Michael Bradford

Timeline Tags: 1993 Branch Davidian Crisis

Special counsel John Danforth, heading the government’s probe into the 1993 Branch Davidian tragedy (see April 19, 1993 and September 7-8, 1999), asks the judge presiding over a civil lawsuit filed by some of the Davidian survivors (see April 1995) for a delay in the suit’s proceedings. In a filing for Judge Walter Smith, Danforth explains that the government inquiry seeks to depose witnesses who will also testify in the civil suit, and wants to interview those witnesses before they testify for the lawsuit, saying: “It is my firm belief that our inquiry will benefit by interviewing witnesses prior to their preparation for testimony in a civil trial. Because a civil trial inherently involves advocacy, testimony tends to be very well-rehearsed and coordinated with the testimony of other witnesses.” Danforth wants to find out if the FBI deliberately covered up its use of incendiary gas grenades during the April 19, 1993 siege (see August 25, 1999 and After), and whether agents fired shots during the assault on the Davidian compound. One of the plaintiffs’ attorneys has volunteered to postpone taking depositions from Attorney General Janet Reno and two key FBI agents for two weeks, but is reluctant to delay the depositions for 30 days; another lawyer intends to resist the request completely. [Associated Press, 9/17/1999]

Entity Tags: Janet Reno, Branch Davidians, Federal Bureau of Investigation, Walter Smith, John C. Danforth

Timeline Tags: 1993 Branch Davidian Crisis

The visitors’ center at the new Branch Davidian church outside Waco, Texas.The visitors’ center at the new Branch Davidian church outside Waco, Texas. [Source: Waco Cult (.com)]Workers break ground on the Mt. Carmel property near Waco, Texas, for a new Branch Davidian church. The Davidian compound that stood there before was burned to the ground six years ago during a standoff with FBI agents (see April 19, 1993); only about 12 Davidians remain in the area. The project is led by radio talk show host Alex Jones, who says the Davidians were victims of “a government cover-up of its violation of the First Amendment.” Jones, whose radio show features radical conspiracy theories and a variety of right-wing and gun advocates as guests, says of the church raising: “This is a statement. This is about saying the witch hunt of 1993 is over.” The party of workers includes the parents of Davidian leader David Koresh, who died during the standoff. Koresh’s stepfather Roy Haldeman says of the project, “I feel good about it.” He lived at the compound during 1992 and the early months of 1993. Jones says he and others have been talking about building a structure on the site for three years. “All of it, it’s all about public opinion,” he says. “We know that now is the perfect time, that’s why we’re doing it.… This is a monument to the First Amendment. You think about speech and the press, but it is also religion and the expression thereof.” During an interview with an Associated Press reporter, he wears a pin reading, “You burn it, we build it.” Jones has contributed $1,000 to the project, and says it will be complete in two or three months. The ownership of the Mt. Carmel property is in dispute. At least four parties claim it: Clive Doyle and a group of Davidians who lived at the compound; Douglas Mitchell, who claims to be the divinely appointed leader of the Branch Davidian Seventh-day Adventist Association; Amo Bishop Roden (see May 15, 1995), who has said that she was married “by contract” to the late George Roden, the former Branch Davidian leader (see November 3, 1987 and After); and Thomas Drake, Roden’s old bodyguard. Doyle says his group has maintained the grounds, erected a memorial to the Davidians slain in the standoff, and paid the taxes on it. He says he has been leading a small number of congregants in Bible studies in the Waco area and intends to lead services at the new church. One volunteer working on the church is Mike Robbins of Austin, a customer relations manager at a car dealership. He says he is not associated with the Davidians, but has constitutional concerns about what happened at the compound: “I came out here to support the First Amendment rights and the rights of every citizen,” he says. “There is a lack of tolerance in this country and I’m here to fight that.” [Associated Press, 9/19/1999; Dallas Morning News, 1/20/2000; Waco Tribune Herald, 5/3/2000] In November 1999, Jones is fired from his job as a host on Dallas’s KJFK-FM after refusing to stop broadcasting interviews with surviving Davidians, and for refusing to stop discussing his theories about government conspiracies surrounding the April 1993 debacle. Jones moves to a public-access cable TV channel and over the Internet. [Dallas Morning News, 1/20/2000] The target date for the completion of the project is pushed back to April 19, 2000, the seven-year anniversary of the conflagration at the former compound. About $40,000 has been raised for the project, volunteers say, but $50,000 more is needed. Doyle and his mother, Edna, live on the property in a mobile home. A good number of the volunteers helping build the church are anti-government activists who share theories about the government’s secret plan to destroy the Davidians, many of which are aired and discussed on the air by Jones, who regularly features survivors of the 1993 debacle on his cable show. The Michigan Militia has donated $500, and vendors sell T-shirts emblazoned with machine guns and slogans such as “Death to the New World Order.” Construction work is only done on Sundays, in deference to the Davidians’ Saturday Sabbath. [Howard News Service, 12/22/1999; Dallas Morning News, 1/20/2000] The church will be dedicated for services on April 19, 2000. The construction costs will come to at least $92,000. Some of the surviving Davidians do not want to worship at the new church, but prefer to meet in private homes. [Howard News Service, 12/22/1999; Associated Press, 4/19/2000] At the dedication service, former Attorney General Ramsey Clark says: “This is an occasion for joy, because from the ashes has risen the church. The world must never forget what the United States government did here.” Clark is one of several lawyers representing the surviving Davidians in a wrongful-death lawsuit against the US government (see April 1995). Five Michigan Militia members, dressed in combat fatigues and berets, will present sect members with a commemorative plaque from their group for the new building. [Dallas Morning News, 4/20/2000] Doyle will eventually win a court verdict awarding him ownership of the land. [The Mercury, 8/11/2002]

Entity Tags: Alex Jones, David Koresh, Amo Bishop Roden, Branch Davidians, Clive J. Doyle, Thomas Drake, Ramsey Clark, Roy Haldeman, George Roden, Douglas Mitchell, Mike Robbins, Michigan Militia

Timeline Tags: 1993 Branch Davidian Crisis

An expert retained by a House committee looking into the events of the FBI assault that led to the destruction of the Branch Davidian compound near Waco, Texas (see April 19, 1993), says that the FBI fired gunshots during the assault. The FBI has said it fired no shots during the assault. The expert says that his examination of videotape taken during the final assault shows FBI agents did indeed fire shots into the compound. The expert’s testimony is taken up by the plaintiffs in a $675 million civil suit against the government (see April 1995), who will propose recreating aspects of the siege’s final hours. [Fort Worth Star-Telegram, 7/21/2000] Experts for the civil suit will come to a different conclusion, saying that the videotape shows sunlight reflecting off debris and not muzzle flashes (see May 10, 2000).

Entity Tags: Federal Bureau of Investigation, Branch Davidians

Timeline Tags: 1993 Branch Davidian Crisis

Copies of FBI infrared surveillance tapes taken during the first hours of the FBI assault against the Branch Davidian compound near Waco, Texas (see April 19, 1993), clearly show repeated bursts of rhythmic flashes from agents’ positions and from the compound; two experts hired by the surviving Davidians say the flashes must be gunfire. A third expert retained by the House Government Reform Committee, Carlos Ghigliotti, an expert in thermal imaging and videotape analysis, says he, too, believes the flashes to be gunfire. “The gunfire from the ground is there, without a doubt,” he says. FBI officials have long maintained that no agent fired a shot during either the 51-day standoff or during the final assault. Michael Caddell, the lead lawyer for the Davidians in their lawsuit against the government (see April 1995), says he has shown the tapes and the expert analysis to John Danforth, the former senator who is leading a government investigation into the FBI’s actions during the siege and the assault (see September 7-8, 1999). Caddell says his two experts are former Defense Department surveillance analysts. One of Caddell’s two experts also says the FBI’s infrared videotapes that have been released to the public, Congress, and the courts may have been altered. “There’s so much editing on this tape, it’s ridiculous,” says Steve Cain, an audio and video analysis expert who has worked with the Secret Service and the Internal Revenue Service. Cain says his analysis is preliminary because he has not been granted access to the original tapes. But, he says, the tapes appear to have been erased. There are significant erasures during the 80-minute period before the compound began burning. Cain says: “It’s just like the 18-minute gap on the Watergate tape. That was erased six times by Rose Mary Woods (see November 21, 1973). That’s why we’re trying to get to the originals.” Cain also says that he believes images were inserted into the videotapes, perhaps from different video cameras. Caddell says, “I think at this point, it’s clear that the whole investigation, and particularly the fire investigation, was garbage in-garbage out.” The videotapes were used in a 1993 Treasury Department review of the siege (see Late September - October 1993) and as evidence in a 1994 criminal trial against some of the surviving Davidians (see January-February 1994), both of which concluded that the Davidians themselves set the fires that consumed the compound. [Associated Press, 10/6/1999; Dallas Morning News, 10/7/1999]

Entity Tags: John C. Danforth, Branch Davidians, Carlos Ghigliotti, House Committee on Oversight and Government Reform, Steve Cain, Michael Caddell, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

The special counsel’s office investigating the Branch Davidian tragedy (see April 19, 1993) asks for court-supervised tests to determine if flashes recorded by FBI infrared cameras during the final assault on the Davidian compound were made by gunshots fired by FBI agents (see October 7, 1999). The FBI has always insisted that its agents fired no shots during the assault. The Justice Department has refused similar requests from lawyers representing surviving Davidians in a lawsuit against the government (see April 1995). Justice Department officials say that such testing would be without critical data that the government has chosen to withhold under the rubric of national security. However, deputy special counsel Edward L. Dowd believes otherwise. In a letter to Judge Walter Smith, presiding over the civil suit, Dowd writes: “Both the trust of the public and the truth-seeking process are not best served by the course of events as they are unfolding. We propose therefore that the court supervise a neutral FLIR [forward-looking infrared] re-creation.” The Justice Department is facing growing criticism over what some perceive as its lack of cooperation in providing documents and other evidence relating to the Davidian siege and final assault. Even some FBI officials have privately complained that the department’s handling of the matter has further damaged the bureau’s credibility. Experts hired by lawyers in the suit have determined that the flashes captured by FBI cameras may well have been gunfire. Michael Caddell, lead lawyer for the Davidians in the civil suit, says that the special counsel’s request “forces the issue.” Caddell adds: “The procedure that’s been proposed is clearly designed to protect any legitimate security concerns by the FBI and the Department of Justice. They’ve taken away the one legitimate reason that they could have for refusing. Any refusal now is because they already know what the answer is going to be. I think that would be the most damning admission of liability they could possibly make. It’s clear now that the office of special counsel, the courts, and the plaintiffs are all interested in getting to the truth of what happened on April 19. The question that’s lingering out there is, is the government interested in getting at the truth?” FBI officials have offered to secretly conduct an examination of the FLIR videotapes for the special counsel’s investigation. [Dallas Morning News, 11/10/1999; Dallas Morning News, 11/16/1999] Smith will order the tests (see November 15, 1999).

Entity Tags: Michael Caddell, Branch Davidians, Edward Dowd, John C. Danforth, Walter Smith, Federal Bureau of Investigation, US Department of Justice

Timeline Tags: 1993 Branch Davidian Crisis

US District Judge Walter Smith overrides Justice Department objections and orders independent field testing to help determine whether government agents fired at the Branch Davidian compound in the last hours of a 1993 siege (see April 19, 1993 and November 5, 1999). In a three-page ruling, Smith writes that he has been “persuaded” by arguments from Branch Davidian lawyers and the office of special counsel John Danforth that the tests are needed to resolve whether flashes of light recorded by FBI infrared cameras were caused by government gunfire. FBI officials have consistently denied allegations that any of their agents fired gunshots during the final assault. Flashes recorded by an airborne FBI infrared camera just before the compound began burning are inexplicable electronic “anomalies,” the FBI claims. Michael Caddell, the lead lawyer for the Davidians in their civil suit against the government (see April 1995), says: “It again demonstrates that Judge Smith wants to get at the truth. If they [the FBI] really believe that’s not gunfire on that video, then the government’s lawyers should embrace this test with open arms.” [Dallas Morning News, 11/16/1999] The special counsel’s office also requests the actual guns carried by FBI agents during the assault. Examination of the weapons may help determine if agents fired during the six-hour assault. [Associated Press, 11/16/1999] FBI officials have secretly offered to conduct private tests for Danforth’s investigators, though Justice Department lawyers have rejected a proposal from Caddell and the Branch Davidian lawyers for a joint public test. These actions, along with a warning from Justice Department lawyers that they intended to use national security exemptions to withhold data needed to ensure accurate public tests, impelled Danforth’s office to ask for the public tests. Smith rules, “The court is persuaded that one FLIR [infrared] test should be conducted, with participation and observation by the parties and the OSC [office of special counsel].” [Dallas Morning News, 11/16/1999]

Entity Tags: Branch Davidians, US Department of Justice, John C. Danforth, Walter Smith, Federal Bureau of Investigation, Michael Caddell

Timeline Tags: 1993 Branch Davidian Crisis

A newly released surveillance photograph taken during the FBI’s final assault on the Branch Davidian compound near Waco, Texas (see April 19, 1993), casts doubt on theories that FBI agents opened fire on the Davidians during the assault (see September 14, 1999, October 1999, October 7, 1999, November 5, 1999, and November 15, 1999). The photo is part of a batch submitted to the Danforth investigation (see September 7-8, 1999) and to Judge Walter Smith, who is presiding over the wrongful-death lawsuit filed by Davidian survivors against the government (see April 1995). The photograph was taken on April 19, 1993, within seconds of the time when a flash appears on an infrared surveillance videotape at 11:24 a.m. Experts have claimed that such flashes indicate gunfire from FBI agents; however, no one is in the vicinity of the flash as shown in the photograph. Smith has ordered tests to be done to determine if the flashes on the videotapes are, indeed, gunfire. Lawyer Michael Caddell, speaking for the Davidians, says the photograph proves nothing: “Seeing one or two or 10 photographs doesn’t tell you a whole lot.” Two FBI planes were flying over the compound during the attack. One, an FBI Nightstalker, took infrared videotape of the scene and the other took still photographs on film. Until recently, the two had not been compared to one another. The infrared tapes show a tank destroying the back wall of the Davidians’ gymnasium just before 11:30 a.m.; at 11:24, the tape shows a flash off the right rear corner of the tank. The photo was taken almost at that same instance; no one can be seen in the photo, casting doubt on claims that someone was near the tank firing into the compound. Caddell notes that the photographs are not time-stamped, and the times of the photos must be estimated based on the amount of damage done to the gymnasium. “Being able to identify what time it is and whatever the precise moment when someone was firing from the rear of the tank is very suspect unless you’ve got a complete roll of film and you can see the entire sequence,” he says. [St. Louis Post-Dispatch, 1/12/2000; Associated Press, 1/13/2000]

Entity Tags: Walter Smith, Branch Davidians, Michael Caddell, Federal Bureau of Investigation, John C. Danforth

Timeline Tags: 1993 Branch Davidian Crisis

A Delta Force commando says he took an observer’s role during the April 1993 assault on the Branch Davidian compound (see April 19, 1993), watching the events unfold from the command post. The commando, now retired, was a sniper. Conflicting reports have surfaced about the role of Delta Force soldiers during the assault, which resulted in the deaths of nearly 80 Davidians (see August 28, 1999). The soldier, a former sergeant who is not publicly named, is questioned by lawyers representing a number of surviving Davidians and the family members of the slain in a civil lawsuit against the government (see April 1995). Two other Delta Forces members, both electronics technicians, have testified that they did not know where their colleague was during the assault, and said that he showed up hours after the siege ended and was tired, red-faced, and disheveled. The commando says he never got within a half-mile of the compound and did not carry a weapon that day. Lawyer Michael Caddell, representing the Davidians in the lawsuit, says he is troubled by conflicting testimony from the two Delta Force technicians and the retired sergeant, but adds that the issue may never be resolved. “The contradictions between his testimony and that of the previous two soldiers are striking and incredible,” he says. [CNN, 1/31/2000]

Entity Tags: Branch Davidians, Michael Caddell, 1st Special Forces Operational Detachment--Delta

Timeline Tags: 1993 Branch Davidian Crisis

Livingstone Fagan.Livingstone Fagan. [Source: Carol Moore (.net)]Livingstone Fagan, one of the 11 Branch Davidians convicted of crimes related to the February 1993 shootout with federal agents near Waco (see 5:00 A.M. - 9:30 A.M. February 28, 1993), admits to firing at two of the four Bureau of Alcohol, Tobacco and Firearms (BATF) agents killed during the battle. He is the first Davidian to admit firing on BATF agents during the raid. Fagan says in a deposition that he fired at the two agents from the roof of the Davidian compound. The deposition is part of a wrongful death lawsuit brought by a number of Davidians against the federal government (see April 1995). In 1994, Fagan was convicted of manslaughter and a weapons charge, and given a 40-year prison sentence. He chose not to appeal his sentence based on what he says are religious reasons. He is serving his time at a federal prison in Pennsylvania. Fagan is a party to the lawsuit because his mother and wife died in the April 1993 assault on the compound (see April 19, 1993). During the trial, Fagan was identified by BATF agent Eric Evers, who was wounded in the February 1993 raid, as one of the Davidians who shot him. Fagan denies shooting at Evers, but says he did shoot at two other BATF agents. In a statement to attorney Marie Hagen, Fagan claimed he shot in self-defense, saying, “Your government murdered people who were very dear to me.” In the following exchange, which is part of Fagan’s deposition, he admits to shooting at the agents:
bullet Hagen: “Did you shoot at them?”
bullet Fagan: “Well, they fired at me.”
bullet Hagen: “OK. But did you shoot at them?”
bullet Fagan: “And so I responded.”
bullet Hagen: “Did you hit any of them?”
bullet Fagan: “I don’t know specifically, because I assume that there were others, too, that were firing then.”
Fagan says he watched one wounded BATF agent, Kenneth King, crawl from the rooftop, drop to the ground, and writhe in pain until he was rescued by fellow agents. A fellow Davidian who survived the April 1993 conflagration, David Thibodeau (see September 9, 1999), had written that Fagan “was kneeling in prayer in the chapel while the bullets were flying.” And Clive Doyle, a survivor who was acquitted in the same trial that convicted Fagan, has said he didn’t think Fagan fired during the raid. Fagan’s lawyer Kirk Lyons tries to downplay Fagan’s admission, saying: “This is a guy that’s been in solitary confinement for a long time, and he’s had nobody of his own mental abilities that he can talk to. He’s a little stir-crazy.” [San Antonio Express-News, 2/23/2000]

Entity Tags: David Thibodeau, Branch Davidians, Clive J. Doyle, Eric Evers, Kenneth King, Marie Hagen, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Kirk Lyons, Livingstone Fagan

Timeline Tags: 1993 Branch Davidian Crisis

Two former FBI negotiators who were heavily involved in the bureau’s siege of the Branch Davidian compound in Waco, Texas (see March 1, 1993), testify that the aggressive and hostile methods used by the FBI during the siege and final assault (see April 19, 1993) destroyed any chances of successfully negotiating a peaceful surrender from the Davidians, and resulted in the needless deaths of many Davidians who might have otherwise left the compound before the final, fatal assault. The agents give depositions for an upcoming civil suit filed by the surviving Davidians against the government (see April 1995). Retired FBI agent Frederick Lanceley testifies: “I think we could’ve gotten more people out if there were better decisions. I don’t think we would have gotten everybody out. But I think we would’ve gotten more people out.” [Dallas Morning News, 3/6/2000]

Entity Tags: Federal Bureau of Investigation, Frederick Lanceley, Branch Davidians

Timeline Tags: 1993 Branch Davidian Crisis

Six postal inspectors and two Army soldiers, all dressed in a variety of FBI-standard assault garb, reenact key scenarios from the 1993 FBI assault on the Branch Davidian compound near Waco, Texas (see April 19, 1993). The purpose is to recreate “flashes” observed in 1993 infrared videotapes made by FBI observers during the assault, and determine if they were indeed gunfire from FBI agents, as some have alleged (see November 15, 1999). The exercise is done at the behest of District Judge Walter Smith, who ordered it as part of the proceedings of a civil suit by surviving Davidians against the federal government (see April 1995); additionally, the scenario is part of the evidentiary gathering by federal special counsel John Danforth, investigating the role of the FBI in the burning of the Davidian compound (see September 7-8, 1999). FBI officials who view the infrared tapes say they bear out their long-held assertions that none of their agents fired their guns during the April 19 assault on the Davidian compound. Michael Caddell, the lead lawyer for the Davidians in the lawsuit, says he believes the simulations will prove that the FBI shot at the compound, which is what his own experts reviewing the videos have said. US Attorney Michael Bradford, one of the government’s lead lawyers in the case, disagrees. “What we’re trying to do here… is get this issue hopefully put to rest so that the American public will not continue to hear what we consider a baseless allegation without foundation that the FBI was out in the back of that compound shooting that day,” he says. “It didn’t happen.” [New York Times, 3/20/2000; Washington Post, 3/20/2000]
Public Precluded from Seeing Videotapes - The exercise takes place at Fort Hood, Texas, under Danforth’s supervision. Initially, the infrared videos of the exercises were to be released to the public, but Smith seals the videos from public view. And, siding with Danforth against the Davidian lawyers, Smith denies motions by several news media organizations to witness the test. The New York Times writes, “The lack of public access has created the possibility that both sides in the case would offer conflicting opinions without any public review of the videos.” An independent analysis of the videos conducted by the private British company that conducts the simulations may be released to the public after they are turned over to the court some time in April. [New York Times, 2/17/2000; New York Times, 3/20/2000]
Simulations Carried Out to Determine Whether Videotaped 'Flashes' Might Be Gunfire - Danforth, Smith, and a group of about 20 observers watch the simulations, including representatives from the Department of Justice, the FBI, the Texas Rangers, and private lawyers representing the plaintiffs. In the simulations, the eight participants fire different weapons from prone and kneeling positions. They then slowly advance to a prescribed firing line, where they fire a series of single shots followed by short bursts and then long bursts of automatic gunfire. They repeat the exercise four times, as an FBI “Nightstalker” surveillance aircraft and a British Navy helicopter take turns filming from different angles. Additionally, an armored vehicle is driven beside a field littered with debris like twisted aluminum, broken glass, and pools of water, to see if light flashes from the debris could have caused similar flashes on the infrared video that could be mistaken for gunfire. Bradford has said that no matter how the videos are interpreted, they cannot be taken as proof that agents fired guns during the assault. “If there’s a flash in the testing, you can’t just conclude that means there was gunfire on April 19th,” Bradford said. “To me, that would mean the opposite. It would indicate it’s not a gun flash because you can’t see a person there. There’s more to be analyzed than just the flashes.” The private British firm, Vector Data Systems, was chosen in part because it owns FLIR, or “forward-looking infrared,” video cameras similar to those used by the FBI in 1993; the bureau has since abandoned those video cameras for more current technology. [New York Times, 2/17/2000; New York Times, 3/20/2000]
Davidian Lawyer: No Broad Conspiracy by FBI, Justice Department to Conceal Truth - Caddell disagrees with some Davidian supporters in discounting the broader conspiracy theories they advocate. “I know that may disappoint some people,” he says. “But this is not a big conspiracy, it’s a small conspiracy. There were a handful of people on April 19 who took matters into their own hands and disobeyed the orders of the attorney general and the FBI leadership. Those people have to be held accountable.” Of the Danforth investigators, Caddell says: “I think they’ll issue an honest report, a fair report. And I think it will be critical in many respects.” [Waco Tribune-Herald, 2/18/2000; Washington Post, 3/20/2000]

Entity Tags: Branch Davidians, John C. Danforth, Federal Bureau of Investigation, Michael Bradford, Michael Caddell, Vector Data Systems, Walter Smith, New York Times, US Department of Justice, Texas Rangers

Timeline Tags: 1993 Branch Davidian Crisis

Judge Walter Smith, presiding over the $675 million civil suit brought by survivors and family members of the Davidian siege near Waco, Texas (see April 1995), announces that a court expert has determined that neither the FBI nor the Davidians fired weapons during the final day of the siege (see April 19, 1993). The expert’s preliminary study of infrared videotapes finds no firearm muzzle flashes from either federal agents or sect members (see March 20, 2000). [Fort Worth Star-Telegram, 7/21/2000]

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

Timeline Tags: 1993 Branch Davidian Crisis

The court in the $675 million civil suit brought by Branch Davidians against the federal government (see April 1995) releases the final report on a simulation of some aspects of the final siege, which killed almost 80 Davidians (see April 19, 1993). Experts find that flashes seen on a videotape, once thought to be muzzle flashes from the weapons of FBI agents (see October 1999), were sunlight reflecting off debris and not gunfire (see March 20, 2000). The final report supports earlier findings (see April 24, 2000). [Fort Worth Star-Telegram, 7/21/2000]

Entity Tags: Federal Bureau of Investigation, Branch Davidians

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 advisory jury of five panelists in Waco, Texas, rules that law enforcement agents did not start the gun battle that began the Waco standoff between law enforcement officials and the Branch Davidians (see April 19, 1993), and decides that the federal government owes nothing to the Davidians who survived the conflagration. The panel takes just over an hour to decide that the government has no liability in the BATF raid (see 5:00 A.M. - 9:30 A.M. February 28, 1993), standoff, FBI assault, and culminating fire. The presiding judge, Walter Smith, will issue a final verdict next month after an expert testifies as to the possibility that the FBI fired into the compound during the siege, actions the FBI and Justice Department have long denied (see June 12, 2000). The civil suit had asked for $675 million in damages for the government’s allegedly causing the “wrongful deaths” of the Davidians. Waco music shop owner Bill Buzze says he and his fellow residents are ready for the publicity and the notoriety surrounding the Davidians to come to an end. “We really want it all to just go away,” he says. “It’s gone on too long, cost too much money, and hurt too many people.” Buzze’s employee Inez Bederka is not sure that people will forget so quickly. “I think it will always be on Waco, the stigma,” she says. “People are still putting Waco down real hard these days. The outside world just won’t treat you fair after a thing like that.… [I]t’s a shame that something bad like that had to happen before people heard about Waco.” Buzze says that many people have an unwarranted fascination and even fear of Waco and the surrounding area. “The Chamber of Commerce has a tough job now,” Buzze says. “They have to reassure people that we’re not going to shoot them if they come down to visit.” Chamber of Commerce president Jack Stewart is quick to point out that the Branch Davidians did not live in Waco proper, but in Elk, a small township on the outskirts of Waco. [Waco Journal, 7/18/2000; Southern Poverty Law Center, 6/2001]

Entity Tags: Jack Stewart, Bill Buzze, Branch Davidians, Inez Bederka, US Department of Justice, Federal Bureau of Investigation, Walter Smith, US Bureau of Alcohol, Tobacco, Firearms and Explosives

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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