Trial Allowed in Ruby Ridge Standoff

S A N   F R A N C I S C O, June 5 -- A federal appeals court ruled today thatan FBI sharpshooter can be tried for manslaughter in the slaying ofwhite separatist Randy Weaver's wife during the 1992 Ruby Ridgestandoff in Idaho.

In a case testing whether federal agents are immune to stateprosecution, the 9th U.S. Circuit Court of Appeals cleared the wayfor Idaho prosecutors to charge agent Lon T. Horiuchi in the deathof Vicki Weaver, 42. The federal government declined to prosecutethe agent.

"When federal officers violate the Constitution, either throughmalice or excessive zeal, they can be held accountable forviolating the state's criminal laws," Judge Alex Kozinski wrote inthe ruling.

The court agreed with Boundary County, Idaho, attorney RamseyClark, a former U.S. attorney general who argued in December thatimmunity cannot be granted until there's a trial to determinewhether Horiuchi acted unlawfully.

"When federal law enforcement agents carry out theirresponsibilities, they can cause destruction of property, loss offreedom, and as in this case, loss of life — all which mightviolate the state's criminal laws," Kozinski said.

There was no immediate comment from Clark.

Standoff Prompted Nationwide Debate

The standoff in northern Idaho prompted a nationwide debate onthe use of force by federal agencies. Ruby Ridge, where the Weaverfamily lived, has become synonymous with high-profile clashes,including the Branch Davidian siege near Waco, Texas, the Freemenstandoff and the Oklahoma City bombing.

The standoff began after federal agents tried to arrest RandyWeaver for failing to appear in court to face charges of sellingtwo illegal sawed-off shotguns.

The cabin had been under surveillance for several months whenthe violence began with the deaths of Deputy U.S. Marshal WilliamDegan, Weaver's 14-year-old son, Samuel, and the Weaver family dog,Striker.

During the standoff, Horiuchi shot and killed Weaver's wife andwounded family friend Kevin Harris. Witnesses said the sharpshooterfired as Vicki Weaver held open the cabin door, her 10-month-oldbaby in her arms, to let her husband, their daughter and Harrisinside.