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Profile: David Byrnes

David Byrnes was a participant or observer in the following events:

BATF agents attempt to force entry through a second-floor window of the Branch Davidian compound. At least one of the agents depicited will be shot in the firefight.BATF agents attempt to force entry through a second-floor window of the Branch Davidian compound. At least one of the agents depicited will be shot in the firefight. [Source: Asian Celebrities (.com)]The Bureau of Alcohol, Tobacco and Firearms (BATF) launches its long-planned raid on the Branch Davidian compound near Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993). About 9:30, the BATF forces arrive at Mt. Carmel, the location of the Davidian compound. Two National Guard helicopters, which had been scheduled to create a diversion in the rear of the compound so as to allow the cattle trucks carrying the BATF agents to arrive unseen, are late in arriving, and fail to carry out their mission. The raid commanders are out of radio range and unable to abort the raid or modify the deployment of agents. Moreover, as some agents will later tell the New York Times (see March 27, 1993), only squad leaders can communicate with their team members, so communications are difficult, and when a squad leader is shot—and one will be shot in the first few minutes of the raid—that leader’s squad can no longer receive or send information. [New York Times, 3/27/1993]
BATF Agents Advance, Shots Fired - At least 70 agents wearing bulletproof vests, helmets, and army gear emblazened with “ATF Agent” in yellow and white letters, emerge from the trailers and race towards the buildings in groups. Davidian leader David Koresh opens the front door and shouts: “What do you want? There’s women and children in here!” (Some reports say Koresh is unarmed; others say he is dressed in black and carrying an AR-15 semiautomatic rifle.) The lead agent, Roger Ballesteros, brandishes a search warrant and shouts: “Police! Get down!” and Koresh closes the door. Moments later, BATF agents, including Ballesteros (see January-February 1994) and John Henry Williams, and Texas Ranger David Byrnes will report that the Davidians shoot first; Davidians will claim the opposite. One BATF agent will later report that a fellow agent actually shoots first, at a dog he feels is threatening him, but later that agent will retract the claim. A team of agents with a battering ram is slated to burst through the main doors. Two teams of BATF agents with ladders mount to the roof of the first floor and break into windows on the second floor, where they believe the weapons are stored. The ladder and battering ram teams all encounter heavy fire, and several agents are hit, including one on the roof who manages to hobble to a ladder and slide down. Davidians rain bullets from the upper windows onto the agents. One BATF team manages to force entry into the compound, but is unable to advance. Most of the agents are pinned down behind vehicles. The two sides exchange heavy gunfire. [New York Times, 3/27/1993; Newsweek, 5/3/1993; Dean M. Kelley, 5/1995; Dick J. Reavis, 7/19/1995; PBS Frontline, 10/1995; LMPD Arcade, 2009] A federal law from 1917 mandates that federal agents use what is called the “knock and announce” approach—in essence, a federal law enforcement agent must knock on a door and announce himself and his intentions before entering. Ballesteros and his fellow BATF agents do not follow this legal provision, though the law does have several exceptions that may apply in this instance. A later House investigation will find the BATF’s choice not to “knock and announce” reasonable under the circumstances. [House Committee on Government Reform and Oversight, 8/2/1996]
Helicopter Activity - Two of the three helicopters land after taking fire. [Newsweek, 3/15/1993] Philip Chojnacki, the agent in charge, rides in one of the helicopters; he is almost struck by a Davidian bullet in the first minutes of the raid. [New York Times, 3/27/1993] The House investigation will find that Chojnacki’s presence in the helicopter essentially takes him out of the communications loop with the raid commanders and team leaders before the beginning of the raid, and deprives him of any opportunity to learn that the Davidians are planning an ambush. [House Committee on Government Reform and Oversight, 8/2/1996] Catherine Mattison, a Davidian who will escape the April 1993 conflagration (see April 19, 1993), will say in 2003 that she saw gunfire from the helicopters. “They were shooting when they came in,” she will recall. “I went upstairs to my room and all of a sudden I could see three helicopters in V-formation firing. David’s rooms were in the back of the building and that’s where they were firing. I didn’t realize that for three months afterwards because of all the shock and commotion but they were trying to kill him right then.” [Guardian, 10/28/2003] Mattison’s allegations are unconfirmed; testimony from a number of agents will challenge her account, and videotape from the raid shows no gunfire from the helicopters. The helicopters are on loan from the National Guard, and are expressly forbidden to engage in any role save as observational. [House Committee on Government Reform and Oversight, 8/2/1996]
Machine-Gun Fire - Reflecting on the raid 10 years later, BATF agent Bill Buford will say: “But before I even got out of the trailer, I could hear machine guns, and I knew we didn’t have any.… I’m an old Vietnam vet, and I can tell you—the firing was intense.” Buford is wounded in the gun battle. “The one thing we had not planned for was to be pinned down by fire right out in front of the building,” Buford will add. “We did not anticipate we would come under such heavy fire, nor did we anticipate we would have such heavy casualties.” Buford will say that after the botched raid, the BATF will all but abandon such “insertion”-type assaults, and rely instead on surrounding a building and negotiating with the inhabitants. [Waco Tribune-Herald, 3/16/2003]
Failure to Follow Manual - Ballesteros will later testify that no particular agent was assigned to announce their identity and the purpose of the raid. “We basically all announced,” he will say. He will admit that according to the BATF manual, “[o]fficers are required to wait a reasonable period of time to permit the occupants to respond before forcing entry,” and the agents do not follow that mandate. He will testify that the agents expected resistance, but not gunfire, and had not planned for that contingency. BATF agent Kenneth King, one of the two “ladder” team members who attempt to force entry through the second-floor windows, will also testify that the agents did not plan for gunfire, and were unprepared for such a heavy level of resistance. Later testimony also shows that some of the damage suffered by the agents may have been from “friendly fire”; one BATF agent is wounded by what later proves to be a 9mm hydroshock bullet, the ordnance being used by the BATF assault teams. [Dean M. Kelley, 5/1995]

Entity Tags: Catherine Mattison, Kenneth King, David Byrnes, John Henry Williams, David Koresh, Branch Davidians, Roger Ballesteros, Bill Buford, Philip Chojnacki, 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

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