Reply #89: Accounts differ ...

[spin]

Ruby Ridge

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Accounts differ at this point as to who first opened fire<36> but agree that DUSM Roderick shot and killed Weaver's dog and that Samuel Weaver fired at Roderick. Samuel Weaver was shot in the back while retreating,<37> and DUSM Degan was shot and killed by Harris.<38>

The version of the firefight told by DUSMs Roderick and Cooper was that the dog, followed by Harris then Sammy, came out of the woods. DUSM Degan challenged Harris, who turned and shot Degan dead without Degan firing a single shot. Roderick then shot the dog once, Sammy fired at Roderick twice, and Roderick fired once again. Roderick and Cooper heard multiple gunshots from the Weaver party. Cooper fired two three-shot bursts at Harris and Cooper saw Harris fall "like a sack of potatoes". An impact caused leaves to fly up in front of Cooper who then sought cover. Cooper saw Sammy run away. Cooper radioed to OP team Dave Hunt that he had wounded or killed Harris.<39>

Harris' version was that, when the dog followed by Sammy then Harris came out of the woods, the dog ran up to Cooper and danced about as he did in playing with the children. The dog then ran to Roderick, who shot the dog in front of Sammy, who cursed Roderick and shot at him. Degan came out of the woods firing his M16 and hit Sammy in the arm. Harris then fired and hit Degan in the chest knocking him down. Cooper fired at Harris who ducked for cover. Cooper fired again and Sammy was hit in the back and fell. Harris fired about 6 feet in front of Cooper and forced him to take cover. Cooper announced that he was a US Marshal. Harris checked Sammy's body, found him dead, and ran to the cabin.<40>

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In testimony about the firefight at the 1993 trial, Larry Cooper admitted "You have all these things compressed into a few seconds.... It's difficult to remember what went on first." The ballistics experts called by the prosecution testified on cross examination by defense that the physical evidence did not contradict either the prosecution or defense theories on the firefight (trial testimony, Martin Fackler on June 8, 1993 and Lucien "Luke" Haag on June 10, 1993). Fackler testified that Roderick shot and killed the dog, Degan shot Sammy through the right elbow, Harris shot and killed Degan, and Cooper "probably" shot and killed Sammy. The 1993 trial jury accepted the defense theory of the firefight and acquitted Harris on grounds of self-defense.emphasis added In 1997 Boundary County Sheriff Greg Sprungl conducted an independent search of the "Y" and Lucien Haag confirmed that a bullet found in that search matched Cooper's gun and contained fibers that matched Sammy Weaver's shirt.<41>)
http://en.wikipedia.org/wiki/Ruby_Ridge