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Context of 'August 10, 1999 and After: Davidian Evidence Reexamined'

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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

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

A researcher for a 1997 documentary about the Branch Davidian debacle near Waco, Texas (see April 19, 1993), questions the government’s claim that the FBI did not use incendiary devices when it launched its assault on the Davidian compound. The assault triggered a fire that swept through the compound and killed nearly 80 Davidians, including their leader, David Koresh. Officials have since denied any use of incendiary or pyrotechnic devices during the assault, and investigations have concluded that the Davidians themselves set the fires that consumed them (see August 4, 1995). Researcher Michael McNulty, who is preparing a new documentary on the final assault, says state and federal officials are refusing to allow public access to over 12 tons of evidence from the Davidian site stored in Waco. McNulty says that according to evidence logs compiled by the Texas Rangers, at least six items listed as silencers or suppressors are actually “flash-bang” devices used by law enforcement officials to stun suspects. McNulty says the devices can start fires in small, enclosed spaces. The evidence logs show that the devices were found in areas of the compound in which the fires began, McNulty says. “It’s our belief that these pieces of ordnance could and probably did have an impact on the fire on April 19th,” he says. Justice Department spokesman Myron Marlin calls the allegations “nonsense” and says they ignore evidence that the fire was set in several places at the same time. “We know of no evidence that any incendiary device or flash-bang device was fired into the compound on April 19,” Marlin says. The chairman of the Texas Department of Public Safety, James Francis, says he has asked a federal judge to take control of the evidence and allow experts to examine it. [Associated Press, 7/29/1999] Francis will succeed in having the evidence opened and reexamined (see August 10, 1999 and After). Shortly thereafter, the Justice Department will admit that such devices were indeed used during the assault, but will claim that they had nothing to do with starting the fires (see August 25, 1999 and After). Examination will show that at least one of the spent shells was from an illumination flare fired into the compound during the early days of the assault (see September 9, 1999).

Entity Tags: Myron Marlin, Branch Davidians, David Koresh, Federal Bureau of Investigation, James B. Francis Jr, Michael McNulty

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

The FBI launches an internal inquiry into why it took six years to admit that agents may have fired potentially flammable tear gas canisters on the final day of the 1993 standoff with the Branch Davidian cult near Waco, Texas (see August 25, 1999 and After). Attorney General Janet Reno and FBI Director Louis Freeh order 40 FBI agents led by an FBI inspector to re-interview everyone who was at the Waco scene. James Francis, the chairman of the Texas Department of Public Safety who pressed for evidence to be reexamined (see August 10, 1999 and After), says federal officials must explain why Delta Force members were at the scene of the final assault (see August 28, 1999). “Everyone involved knows they were there. If there is an issue, it was what was their role at the time,” Francis says. “Some of the evidence that I have reviewed and been made aware of is very problematical as to the role of Delta Force at the siege.” A Defense Department document shows that a Special Forces unit was at the assault; the US military is prohibited from involvement in domestic police work without a presidential order. FBI spokesman James Collingwood says the bureau continues to insist that it did nothing to start the fires that consumed the Davidian compound and killed almost 80 Davidians (see April 19, 1993). “Freeh is deeply concerned that prior Congressional testimony and public statements [about the use of flammable devices] may prove to be inaccurate, a possibility we sincerely would regret.… [A]ll available indications are that those [pyrotechnic gas] rounds were not directed at the main, wooden compound. The rounds did not land near the wooden compound, and they were discharged several hours before the fire started.” Dan Burton (R-IN), chairman of the House Government Reform Committee, says: “I am deeply concerned by these inconsistencies.… I intend for the committee to get to the bottom of this.” Senator Charles Grassley (R-IA) says that the new evidence indicated “further erosion of the FBI’s credibility.” Privately, Justice Department officials are said to be furious that Reno was allowed to maintain for years that no such incendiary rounds were used during the assault, when some FBI officials presumably knew otherwise. [Associated Press, 8/26/1999] Reno has publicly said she is “very, very upset” at the sequence of events, and Collingwood describes Freeh as “incredulous.” [Newsweek, 9/6/1999]

Entity Tags: James B. Francis Jr, Branch Davidians, Charles Grassley, Federal Bureau of Investigation, Louis J. Freeh, US Department of Justice, James Collingwood, Janet Reno, Dan Burton

Timeline Tags: 1993 Branch Davidian Crisis

John C. Danforth.John C. Danforth. [Source: Huffington Post]Attorney General Janet Reno names former Senator John Danforth (R-MO) as a special counsel to investigate the events of the April 1993 tragedy outside of Waco, Texas (see April 19, 1993), and specifically to determine whether actions by the FBI led to the fire that destroyed the Branch Davidian compound and killed almost 80 Davidians. Reno opens the investigation after learning that the FBI concealed evidence of the use of incendiary gas cartridges during the assault on the Davidian compound, actions that some believe may have started some of the fires (see August 10, 1999 and After, August 25, 1999 and After, and August 26, 1999). Danforth is a former US attorney general and an Episcopal priest. According to an Associated Press report, “both admirers and detractors have noted his emphasis on morals as well as his stubborn independence.” Former Senator Thomas Eagleton (D-MO), who served in the Senate with Danforth for 10 years, says: “He calls them like he sees them. Members of the Senate or House will have full faith in his finding.” [Associated Press, 9/7/1999; Associated Press, 9/9/1999; Fort Worth Star-Telegram, 7/21/2000] Republicans in Congress have called on Reno to resign, while Democrats defend her tenure and say her actions during and after the Waco assault have been “commendable.” House Judiciary Chairman Henry Hyde (R-IL) says that he will hold off on attempting to launch a five-member commission to probe the Waco debacle. He will allow the Danforth investigation to proceed unimpeded, unless he feels the Justice Department is not cooperating with the probe. “Should events prove otherwise, we will reconsider this decision,” Hyde says. [Associated Press, 9/9/1999] Danforth’s investigation will clear the FBI and the federal government of any wrongdoing (see July 21, 2000).

Entity Tags: Janet Reno, Henry Hyde, John C. Danforth, Branch Davidians, Thomas F. Eagleton, US Department of Justice, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

Investigators say that a spent illumination flare found in evidence stored after the Branch Davidian tragedy (see April 19, 1993 and September 7, 1999) may have been one of two such devices fired by FBI agents to stop an intruder from entering the sect’s compound during the early days of the standoff (see 5:00 A.M. - 9:30 A.M. February 28, 1993). At least two such flares were fired during the 51-day standoff, which ended in flames that killed almost 80 Davidians. Some believe the FBI started the fires, either deliberately or accidentally, that consumed the compound. FBI spokesman John Collingwood says, “From talking to people in our Hostage Rescue Team, at one time, when your floodlight illumination was not active, they shot two parachute illumination rounds because of concern about people trying to sneak into the compound.” Rangers discovered the spent remains of one of the devices, a star parachute flare, when they recently searched a Waco storage facility for missing pyrotechnic tear-gas grenades (see August 10, 1999 and After). Currently, the government is enacting an investigation to determine if the FBI fired flammable devices into the compound, and why it took six years to acknowledge the use of military tear-gas canisters (see September 7-8, 1999). [Associated Press, 9/9/1999]

Entity Tags: Federal Bureau of Investigation, John Collingwood, Branch Davidians, FBI Hostage Rescue Team

Timeline Tags: 1993 Branch Davidian Crisis

Representative Henry Waxman (D-CA) discloses that internal FBI documents that show information about the FBI’s use of incendiary tear-gas canisters during the 1993 Branch Davidian siege near Waco, Texas (see April 19, 1993), have been available in Justice Department files for years and were given to Congress no later than 1995. The FBI was embarrassed by recent revelations that its agents fired such canisters near the Davidian compound during the assault (see August 25, 1999 and After), though the bureau and the Justice Department both deny that the canisters had anything to do with the fires that consumed the compound and killed almost 80 Davidians. Two weeks ago, the Justice Department sent US Marshals to the FBI’s headquarters in Washington to seize infrared videotapes that contain references to the tear-gas rounds, but did not reveal that it contained FBI records in its own files regarding the use of those rounds. Attorney General Janet Reno ordered the seizure, saying she was angered by the revelations after spending six years denying the FBI ever used such incendiary devices. Reno says she did not see the internal FBI documents until two weeks ago. From the documents that have been made public, there is no indication that FBI officials explained to Reno or other Justice Department officials the potential dangers surrounding the use of such canisters (see April 17-18, 1993). A senior Justice Department official says the documents will likely be scrutinized by investigators with the Danforth inquiry (see September 7-8, 1999). Waxman, the ranking minority member of the House Oversight Committee, says he released the documents because the committee chairman, Dan Burton (R-IN), has said Reno failed to tell Congress about the incendiary canisters. Burton accused Reno of failing to inform Congress about the canisters after learning that an incomplete copy of a FBI lab report was sent to his committee in 1995 (see August 10, 1999 and After). [New York Times, 9/14/1999]

Entity Tags: Janet Reno, Branch Davidians, Henry A. Waxman, Dan Burton, Federal Bureau of Investigation, US Department of Justice

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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