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Ruby Ridge was the name given by the mainstream media to the home of Randy Weaver's family, a nameless hillside between Caribou Ridge and Ruby Creek in the northern Idaho Panhandle, just outside of the small town of Naples. In August 1992, there was a confrontation between the Weaver family and agents of the US federal government in this general area.

Family Background

Randy and Vicki Weaver were an outspoken couple trying to make their way in Idaho. After a string of lost jobs and a failed Amway franchise, they became convinced that the Zionist Occupation Government was about to launch an all-out war against its own citizens. They spent $5,000 on a 20-acre parcel in Idaho and tried to raise a family beyond the clutches of the imminent New World Order. The Weavers built their cabin out of scrap lumber on Caribou Ridge, near Ruby Creek, eight miles from Bonners Ferry. The media later labeled this area Ruby Ridge.

While Randy Weaver was not a member of the Aryan Nations church, he and his wife did share in their beliefs and visited the Aryan Nation church on more than one occasion. They homeschooled their kids and decorated their property with signs proclaiming "White Power is Supreme" and "Bow Down to Yahweh".

In July 1986, Randy attended the World Congress of Aryan Nations at their headquarters near Hayden Lake. In all, he would attend at least three major Aryan Nations functions during his time in Idaho. To this day Randy Weaver claims, "I'm not a white supremacist. I'm a white separatist. I was born white. I can't help that. If I was black I'd probably be affiliated with Louis Farrakhan's group, but as it is, I don't belong to anything. I don't believe I'm superior to anyone, but I do believe I have the right to be with my own kind of people if I choose to."

The Setup

Agents of the Bureau of Alcohol, Tobacco and Firearms (ATF) were trying to infiltrate the Aryan Nations, a group of white supremacists based at nearby Hayden Lake. Weaver seemed well placed to act as an infiltrator.

At the 1986 World Congress Randy Weaver befriended a 245-pound biker by the name of Gus Magisono. (In actuality, Magisono was an undercover ATF informant by the name of Kenneth Fadeley.) Three years later, Gus asked Randy to sell him some sawed-off shotguns. Randy agreed. According to Fadeley, the guns were sawed off shorter than the legal minimum -- meaning, Randy had violated federal weapons laws. It is disputed between the ATF and Weaver as to who exactly shortened the buttstock to 3/8th inch below the minimum legal overall length of 28 inches.

Of course, even if the guns were exactly as Faderley described, the whole setup was most likely to convince Randy Weaver to act as an informant. The ATF confronted Randy in June 1990 and offered him the opportunity to be their eyes and ears in the Aryan Nations organization. Either that, or face hard time in a federal penitentiary for sawing off the shotguns. Randy refused, and immediately told his fellow Aryan Nation friends.

The First Arrest

Weaver was arrested by the ATF on the illegal sawed off shotgun charges in January 1991, spending the night in County lockup. He and his wife stopped to help a stranded motorist. The motorist was a decoy to provide an opportunity to arrest him. The next day, Randy was brought before federal judge Stephen Ayers. During the hearing, Judge Ayers told Randy that he would probably have to pay the government's court costs. Weaver immediately realized that, having no financial assets to speak of, this would mean losing his property. A trial date was set.

The Weaver Response

Rather than seek a legal means to solve his problems, the Weaver family mounted a letter writing crusade against the FBI. In February 1991, Vicki mailed two angry letters to the U.S. Attorney's Office in Boise. One was addressed to "The Queen of Babylon" and stated in part:

"A man cannot have two masters. Yahweh Yahshua Messiah, the anointed One of Saxon Israel is our law giver and our King. We will obey Him and no others. ... "a long forgotten wind is starting to blow. Do you hear the approaching thunder? It is that of the awakened Saxon. War is upon the land. The tyrants blood will flow."

The other letter was addressed to "Servant of the Queen of Babylon, Maurice O. Ellsworth, U.S. Attny." The greeting read:

"Yah-Yahshua the Messiah of Saxon Israel is our Advocate and our Judge. The stink of your lawless government has reached Heaven, the abode of Yahweh our Yahshua. Whether we live or whether we die, we will not bow to your evil commandments."

Missed Court Date

Weaver failed to show up in court on February 20, 1991 because the summons the Weavers received in January had the wrong date printed on it. It said he was to appear March 30, not February. The court declared this a typo. Even though they were both made aware of the date 'mix-up', the judge declared him a federal fugitive and issued a warrant for Randy Weaver's arrest.

Early on, the Weaver family assumed that the feds were trying to humiliate Randy as an example to other potential snitches. When they discovered that he was now officially classified a fugitive, they concluded that the government's goal was to assassinate him. So they holed themselves up in their cabin, making few appearances in town, and always keeping rifles at easy reach. Randy Weaver, afraid of apprehension, never left the cabin.

Before the failure to appear indictment was returned, Judge Ryan issued a bench warrant and directed the Marshals Service to arrest Weaver. Judge Ryan declined to withdraw the warrant when he learned that the Probation Office had sent Weaver a letter with an incorrect trial date. After the indictment was returned, Ellsworth rebuffed Hudson's request to dismiss the indictment and return it under seal.

ATF Survellience

On March 18, 1991, Ronald Evans requested the assistance of the Marshals Service Special Operations Group (SOG), a voluntary unit in the Marshals Service specifically trained to handle dangerous or complex matters, such as hostage situations involving fugitives. He added that many days and nights of surveillance would be necessary to determine the Weavers' daily routine and asked for SOG assistance in determining how to arrest Weaver "while minimizing risk to all persons involved. . . . Ultimately, we must find a single weakness which will cause Randy Weaver to leave the house if only momentarily."

Due to increasing pressure to arrest Randy Weaver, the SOG was sent in during June 1991 to conduct survellience and lay plans for the arrest. Dr. Walter F. Stenning, Ph.D., an outside psychologist brought in to assess Randy Weaver, declared that the Weaver family was heavy in the belief "that the end of the world is near and that his family must fight the fences (sic) for evil that want to take over the world. I believe his family may fight to the death." Basically, it was determined the property was heavily fortified to repel assault and the family heavily armed. And if Randy Weaver was captured, the family would fight to their death to free him, standing up to any military assault. The best option would be to lure Randy Weaver out of the house and serve the warrant.

On September 28, 1991, a seven man SOG detail was dispatched to assist in arresting Weaver. However, upon arrival, the team concluded that "the information upon which the SOG move order was issued was inaccurate," and the plan to arrest Weaver was cancelled, because the warrant could not be served without injury to themselves or any other person. During this attempt, it was learned that Vicki Weaver was pregnant and near her due date.

It has been widely agreed by both the FBI and the public that the resources the marshals committed to the case were disproportionate to the relatively insignificant underlying charge. However, the marshals were following the letter of the law in attempting to serve the warrant for arrest.

Weaver's Contacts & Neighbors

On July 9, 1991, Deputy U.S. Marshal Cluff and Everett Hofmeister, Weaver's appointed counsel, told Rodney Willey, a Weaver associate, that if Weaver surrendered, the failure to appear charge might be dismissed. They also told Willey that the sentence on the weapons offense would be minimal because Weaver did not have a criminal record. On July 10, Willey informed Hofmeister that Weaver would not surrender because " rights will be violated."

In late September 1991, Hunt and Ely interviewed Beverly and Ed Torrence, who owned land adjacent to the Weaver property. The Torrences explained that they had encountered the Weavers a few days earlier when they had gone up to view their property. At that time, the Torrences drove near the Weaver house and stopped to ask about some property markers. The Weaver dogs came to their car, followed by Sammy Weaver, who called to the house. The Torrences then saw Randy Weaver and Dennis looking down on them from a rock outcropping. Each held a rifle or shotgun. Thereafter, the Torrences were invited into the Weaver cabin where Randy and Vicki Weaver explained their religious and political views. Randy Weaver told the Torrences that the Aryans are the true chosen people of Yahweh and that the Jews are impersonators. Weaver also discussed the BATF arrest and that he was expecting federal agents to come to his home, but that he was not going to be arrested by anyone. According to Weaver, he and his family would shoot federal law enforcement officials who came on his property. "If they do take me, I'll take some with me," and that is "why we have the guns." Beverly Torrence observed that Weaver appeared vehement in his belief that he would rather fight than go peaceably.

Sometime during Spring 1992, Buster Kittel went to the mountain to survey property he had recently purchased. To reach his property, he had to drive past the Weaver cabin. As he reached the Weaver driveway, Kittel heard a shot from a small caliber gun and saw Sammy Weaver standing above him with a rifle on a rock outcropping. Randy then joined Sammy, holding a pistol and a rifle. Weaver asked Kittel if he was a federal marshal and directed Kittel's girlfriend to get out of the truck. Weaver told Kittel that he did not believe that Kittel had bought property and told him to come back with proof. The next day Kittel returned with some paperwork, which he showed to Vicki Weaver. The Weavers then allowed Kittel to proceed to his property with no further problems.

Surrender Terms

On October 9, 1991, Deputy Marshal Mays interviewed Alan Jeppeson, who had been observed bringing supplies and mail to the Weaver cabin. Mays asked Jeppeson to convey another negotiation offer to the Weavers. A series of exchanges followed in an attempt to negotiate a surrender.

On October 12, 1991, Jeppeson gave Mays a letter from the Weavers which stated:

"The U.S. Government lied to me - why should I believe anything its servants have to say . . . . This situation was set up by a lying government informant whom your lawless courts will honor. Your lawless One World Beast courts are doomed. I have appealed to Yahweh's court of Supreme Justice. We will stay here separated from you & your lawless evil in obedience to Yahshua the Messiah."

Jeppeson told Hunt that Weaver did not want to be tried in Idaho "due to prejudice against those who believed in separation of the white race." According to Jeppeson, Weaver might surrender, if the trial could be moved, and if Jeppeson could remain with Weaver until he was released or sentenced.

Due to the responses, the Marshals Service began to formulate a surrender offer. This offer included promises that: the government would not interfere with Vicki Weaver's custody of her children; the Marshals Service would not harass Randy Weaver's family; and the Government would not move to forfeit Randy Weaver's property.

The following day, Jeppeson delivered a letter from Vicki Weaver, addressed to Mays and Hunt, that posed a number of questions, including:

1. Why a government informant or agent cannot be cross-examined by a defense attorney?
2. Why did the U.S. Dist. Judge in Coeur D'Alene tell that if lost case would lose the $10,000 bond to pay the attorney?
3. Why is there a concerted effort to 'set up' for prison or murder all ex-green berets (Special Forces). My husband is an ex-green beret. We know there are those already in prison from 'set ups.' They all went to court expecting justice from the courts of the country they loved. They didn't receive any!

When he delivered thie letter to the Marshal's, Jeppeson told the marshals that he thought that Weaver would agree to meet Hunt.

On October 16, 1991, Evans and Hunt gave Jeppeson a letter to give to Randy Weaver that responded to the questions Vicki Weaver had raised. Later that same day, Jeppeson gave Hunt a brief response signed by Vicki Weaver, which declared "here is nothing to discuss. doesn't have to prove he is innocent. Nor refute your slander."

In October, a surrender letter was drafted for the Weavers. Assistant U.S. Attorney Howen rejected the proposal on October 15, 1992 and explained in a subsequent letter that all communication must go through the court-appointed attorney, not directly to Weaver, and possibly a plea agreement could be arranged after arrest, but a mere surrendering would not invoke the same terms.

The surrender letter was never sent.

There was very little activity by the marshals on the Weaver matter through the winter months because the property was snowed in, and surveillance was not practical. However, they continued to receive information about who was visiting the Weaver property.

Spring 1992

On March 1, 1992, the Spokesman Review, a newspaper in nearby Spokane, Washington, reported that Weaver's children were armed and quoted area residents who predicted violence if law enforcement agents attempted to apprehend Weaver. Allan Jeppeson was quoted as saying, "They'll lose their lives if they go up there and threaten Weaver" and "he don't want nobody on his mountain."

On March 4, 1992, Marshals Cluff and Evans decided to drive up the mountain road leading to the Weaver cabin. They were in plain clothes and rode in an unmarked four-wheel drive vehicle. As they proceeded up the mountain road, the marshals found that vehicle noise on the unmaintained road was clearly audible for great distances. Cluff and Evans then saw Randy Weaver, armed with a rifle, and a boy and a girl standing above them on a rock formation. The boy also had a rifle. A yellow dog ran up to the vehicle, barking. When Weaver told them they were trespassing, they responded that they were interested in buying property. Weaver told them to return with a realtor. The marshals left. Evans determined that additional reconnaissance was necessary. He had learned of previously unknown trails to the Weaver property and believed it was necessary to explore them.

On March 27 1992, Deputy Director Stagg of the SOG of the Marshals Service recommended against a tactical assault on the Weaver compound and his recommendation that the indictment be dismissed and then refiled later under seal, so Weaver would be unaware of the new indictment. This was in hope that it would cause Weaver to drop his guard. At the meeting, Haynes and Stagg presented a plan for an assault on the Weaver compound, but recommended against taking such action. Hudson agreed that a tactical approach did not appear viable because of their concern for the safety of Vicki Weaver and her children.

The Weaver case was transferred to the Enforcement Division and was given the name "Operation Northern Exposure." The primary responsibility for developing a plan was given to Deputy Marshal Arthur Roderick, Branch Chief of the Enforcement Division. Hidden cameras were installed throughout the Weaver property. Although final approval was needed from Acting Director Hudson, Roderick was given permission by Jim Roach, Deputy Director for Operations, in late May 1992, to begin preparations for an undercover operation to arrest Randy Weaver. Roderick chose Deputy Marshal Mark Jurgensen of the Seattle office for the undercover role. Roderick, Jurgensen, and Hunt started assembling documents necessary to carry out the operation.

Roderick was instructed not to put the undercover plan into effect while Acting Director Hudson's confirmation was pending before the U.S. Senate. In early August 1992, Hudson was confirmed Director of the Marshals Service and gave oral approval of the undercover operation shortly thereafter. There had been no surveillance of the Weaver property since May, so Roderick thought it necessary for a team to visit the site and update their information.

The Siege

On August 21, 1992, several US Marshals were sent to prepare for the raid on the Weaver cabin. Since Randy Weaver was a former green beret and it was believed the Weaver family fully prepared to fight for their freedom, an intial reconnaissance team armed with machine guns was sent in to survey the location and prepare for the military style assault. They spent most of the night and early morning moving around the family property.

The group had strict orders that they were to avoid all contact with the Weaver family. According to a Department of Justice report on the incident, the Marshals were detected by the Weavers' dogs and began to retreat. Randy Weaver, his 14-year-old son Sam and his house guest, family friend Kevin Harris, left the house to investigate, all carrying firearms. The DOJ report corroborates this with a statement dictated by Randy Weaver to his daughter, in which he says that "Approximately 11:30 Friday morning....the dogs started barking like they always do when strangers walk up the driveway. Randy, Kevin, and Sam ran out to the rock with their weapons." The dog chased the Marshals through the woods, and Sam and Harris followed the dog. Eventually the Marshals stopped retreating and took up defensive positions in the woods.

The sequence of events during the ensuing shootout is disputed, with Harris saying that the camouflaged Marshals did not identify themselves and were the first to fire at Sam's dog, which was approaching their position with Sam close behind him. Sam then fired at the person who had just killed his dog in front of him. The Marshals' version of events is that they were fired upon first and only then returned fire.

Sam then yelled "You shot Striker, you sonafabitch!", and fired twice at Marshal Roderick, the leader of the Special Operations Group. One or more Marshals returned fire, shooting Sam in the back and arm as he ran back up the hill. Harris then shot and killed Marshal William Degan, and retreated up the hill himself where he found Sam.

The next day, an FBI sniper named Lon Horiuchi shot and wounded Weaver while Weaver, Harris, and Weaver's 16-year-old daughter Sara were outside, attempting to visit the dead body of Sam Weaver, which was placed in a shed after being recovered by the family the previous day. Weaver was shot from behind as he went to lift the latch of the shed. Then as Randy, Sara and Harris ran back to the house, Horiuchi fired again in an attempt to shoot Kevin Harris. Weaver's wife Vicki was holding the door open, and the shot went through the open door of the cabin, hitting her in the head and killing her. Harris was also wounded. Vicki Weaver was holding her 10 month old baby Elishiba in her arms when she was killed.

Much controversy was later generated by the fact that, after the first day's events, the FBI had changed the rules of engagement, specifically that "deadly force could be used against any armed adult male if the shot could be taken without a child being injured."

A stand-off ensued for ten days as several hundred federal agents surrounding the house, in which Weaver and his three surviving children remained with Harris and the dead body of Vicki Weaver. The area was surrounded by protesters angered by the heavy-handed nature of the authorities' actions. James "Bo" Gritz, then a third-party presidential candidate who had formerly been Weaver's commanding officer during the Vietnam War, served as a mediator between Weaver and the government. Eventually, Weaver elected to abandon the stand-off and trust his case to the judicial system.

Outcomes

At his trial in 1993, Weaver faced an array of charges, including the original weapons violations as well as murder. He was represented by noted trial lawyer Gerry Spence. Spence successfully argued that Weaver acted in self-defense, winning Weaver's acquittal on all charges except missing his original court date, for which he was sentenced to 18 months and fined $10,000. He was credited with time served and spent an additional 3 months in prison. Harris was acquitted of all charges. The presiding judge severely criticized the prosecution for its late disclosure of evidence; specifically evidence that related to Horiuchi.

The US Senate in September 1995 held hearings on the Ruby Ridge incident and, in December, released a report detailing the handling of the incident. Because the Marshals Service had no option but to pursue Weaver's arrest and because that arrest posed possible injury to law enforcement and to the Weavers, it was incumbent on other law enforcement agencies and the court to assist the Marshals Service in resolving the impasse. As we note below, the Marshals Service received little practical assistance from the U.S. Attorney's Office which also hindered communications with the court.

A local prosecuter tried Horiuchi for involuntary manslaughter, but the indictment was removed to federal jurisdiction based on the Supremacy Clause. The indictment was dismissed first by the Federal District Court, and the dismissal was affirmed on appeal to the 9th Circuit Court of Appeals. The 9th Circuit Court stated in their ruling in State of Idaho v. Horiuchi (98-30149), "Horiuchi reasonably believed that shooting Harris was necessary and proper under the circumstances. Given the circumstances at the time, Horiuchi made an objectively reasonable decision," and "Horiuchi's testimony that he never saw Vicki Weaver and did not know she was behind the door was not disputed."

The surviving members of the Weaver family filed a wrongful death suit and received a $3.1 million settlement.

Weaver himself wrote a 1998 paperback book, The Federal Siege At Ruby Ridge, about the incident. Years later, he was still selling it at occasional appearances on the gun show circuit as far away as the east coast.

Many civil rights critics hold to this day that Weaver should not have served a single day of his sentence given the circumstances and further that he should have been compensated for the actions of the federal agents.

The trial of Randy Weaver happened during the federal siege of the Branch Davidians at Waco.

Effect on Pop Culture

The punk band Propagandhi mentions Ruby Ridge in the song "Today's Empires, Tomorrow's Ashes" -

"The tangled webs they weave span from Pine to Ruby Ridge,

way back from Shay's defeat on up to Gustafsen."

The Bluegrass artist Peter Rowan wrote a song about this incident for his 1996 album, Bluegrass Boy, titled "Ruby Ridge". It is track number 8 on the album. -

"They killed my good dog, they killed my boy

my only son, my pride and joy.

They shot my wife, dead on the floor

holding our baby in the cabin door.

Don't shoot me down. Don't shoot me down.

Got a wife and kids on Ruby Ridge, please don't shoot me down ..."

"So if you're movin' to Idaho where the land is free

Don't sell no shotgun to no deputy."

The punk/metal band Lard mentions Weaver in their song Live Free or Die -

"They treated Randy Weaver

Like a two-bit pot dealer

Shot up his little house on the prairie in Ruby Ridge

SWAT teams shoot hippies all the time, but he was a Nazi, dammit!"

The Indie Artist Conor McQueen mentions Ruby Ridge in his song The Man -

"The man is everywhere

from South Bay Chula Vista

To Ruby ridge.

Their right to arm

is now blood on the family farm

next to the blood

left of their hate crimes."

Jackson Browne, a Pop/Rock artist, mentions Ruby Ridge in his song Casino Nation -

"The intentional cultivation of a criminal class

The future lit by brightly burning bridges

Justice fully clothed to hide the heart of glass

That shatters in a thousand Ruby Ridges

And everywhere the good prepare for perpetual war

And let their weapons shape the plan

The way the hammer shapes the hand"

References/Suggested Reading

• Alan Bock. Ambush at Ruby Ridge : How Government Agents Set Randy Weaver Up and Took His Family Down ISBN 1880741482
• Jess Walter. Ruby Ridge : The Truth and Tragedy of the Randy Weaver Family The Spokesman Review received a Pulitzer Prize nomination for his coverage of the story. ISBN 006000794X
• Jon Ronson. Them: Adventures with Extremists (2002). ISBN 0-7432-3321-2
• Randy Weaver The Federal Siege At Ruby Ridge: In Our Own Words ISBN 0966433408
• Cold Zero (Inside the FBI's elite hostage rescue team) Christopher Whitcomb ISBN 0-552-14788-5

External links

• Idaho v. Horiuchi (Case Number: 98-30149)
• Court TV history
• excerpts from From Freedom to Slavery, by Gerry Spence (Randy Weaver's defense attorney)
• Dept. Of Justice Report

• Law enforcement in the United States
• Gun politics
• 1992