Lon Horiuchi : Appeals court says Ruby Ridge sniper can be tried

SAN FRANCISCO, California (CNN) -- A federal appeals court ruled Tuesday FBI sniper Lon Horiuchi, who killed the wife of white supremacist Randy Weaver during the 1992 standoff at Ruby Ridge, Idaho, can be tried for manslaughter if issues still in dispute can be resolved.

The closely split 6-5 decision, which reverses a lower court ruling, found there are still "material questions of fact in dispute." The court said "these factual issues ... must be resolved by the district court prior to trial."

Horiuchi fired two shots, wounding Weaver and killing Weaver's wife, Vicki, who was inside the cabin and died from a gunshot wound to the head.
(...)

In agreeing that federal agents enjoy immunity from state prosecution, the court found that the immunity had limits. If the agent acts in an "objectively unreasonable manner, those limits are exceeded and a state may bring criminal prosecution."

In remanding the case to the district court, the appeals court indicated that, should that court's finding of fact show that Horiuchi acted in a reasonable manner, his immunity would be reinstated, meaning he would NOT have to stand trial.

In Washington, a senior FBI official said the agency is "disappointed" in the appeals court ruling in the Ruby Ridge case which leaves open the possibility the FBI sharpshooter may have to stand trial.
[...more...] [Need the full story? Read this]