DOJ finds FBI mishandled evidence in shooting of Lavoy Finicum during 2016 Malheur Standoff
By Joe Hathaway on Thursday, July 11th, 2024 in Columbia Basin News Eastern/Southeast Oregon News Northeastern Oregon News
HARNEY COUNTY — The Justice Department’s inspector general has identified flaws in the FBI’s procedures for handling evidence after an officer-involved shooting in 2016. This concludes a years-long investigation that began after FBI agents’ actions were questioned following a deadly standoff at the Malheur National Wildlife Refuge.
The inspector general’s office released its report Tuesday, recommending that shooting incident policies be updated to address crime scene management, particularly in situations where the Justice Department collaborates with state or local law enforcement.
The report originates from the fatal shooting of LaVoy Finicum by Oregon State Police during a standoff at the Malheur National Wildlife Refuge. The standoff involved protesters opposing federal land policies. Finicum was shot and killed by Oregon State Police on January 26, 2016, during a confrontation at a roadblock on Highway 395 set up to apprehend leaders of the armed occupation; he was attempting to evade law enforcement and allegedly reached for a weapon.
While the troopers who shot Finicum were later cleared of any wrongdoing, investigators discovered that two FBI agents had also fired shots during the incident.
The FBI agents were interviewed several times after the shooting but did not disclose that they had fired their weapons. One agent was subsequently tried for lying to investigators but was acquitted by a federal jury.
Since the shot that killed Finicum was fired by an Oregon State Police officer, state and local law enforcement took control of the scene and led the shooting investigation, according to the inspector general.
However, aerial surveillance footage taken by an FBI plane shortly after the shooting showed FBI personnel moving around the scene with flashlights, examining the area, and appearing to pick up objects from the roadway, according to the report.
The inspector general noted that FBI personnel are authorized to remove items from a crime scene once it is secure and if there has not been a critical incident involving an FBI agent. The report highlights the need for policy updates, as the FBI’s crime scene management procedures only explicitly apply to shootings investigated by the bureau, not those led by state or local law enforcement where no FBI agent is initially believed to have fired their weapon.
The 2016 occupation of the Malheur National Wildlife Refuge was a significant event involving armed protesters led by Ammon Bundy, who seized the refuge to protest federal control of public lands. The standoff lasted for 41 days and drew national attention.
