U.S. Judge Dismisses Charges
against Ruby Ridge Man

Reuters
02-OCT-97

BONNERS FERRY, Idaho, Oct 2 (Reuter) - An Idaho magistrate on Thursday
dismissed state charges of murder and aggravated assault against Kevin Harris,
accused of killing a law enforcement officer in the 1992 Ruby Ridge siege. 

Idaho Magistrate Judge Quentin Harden agreed with Harris' lawyer, ruling that
Idaho law prevented the state from trying Harris for first degree murder and
aggravated assault after he had been acquitted of those charges in federal court. 

``I find that (Idaho law) bars further prosecution of Kevin Harris for the acts set
forth ... in the complaint in this case," Harden said in a ruling issued at the
courthouse in Boundary County, Idaho. 

The Idaho law in question says no person can be tried in Idaho court if he or she
has already been tried in a court in ``another state, territory or country." 

Harden said the Idaho law also applies to U.S. federal court. Any other
interpretation of the law ``would be an anomalous result giving more credence to
the courts of another country than to the courts of our own nation," Harden said.

Three people were killed in a 1992 standoff with law enforcement officers at
white separatist Randy Weaver's remote northern Idaho cabin -- Weaver's wife
and son and Deputy U.S. Marshal William Degan. 

The shootout has become a rallying point for some conservative groups who
believe federal law enforcement has encroached too much on citizens' rights. 

Weaver and his friend Harris were tried and acquitted of federal charges in
1993. But in August, Idaho prosecutors charged Harris with first-degree murder
in Degan's death and assault with a deadly weapon against Arthur Roderick, a
law enforcment officer. 

They also charged FBI sniper Lon Horiuchi with involuntary manslaughter in the
death of Weaver's wife Vicki. 

Thursday's ruling came two days after a hearing on Harris' lawyer's motion to
dismiss the case. 

Prosecutor Denise Woodbury opposed the motion, saying the Idaho statute
applies to a trial in a foreign country and not in federal court. 

``If the judge finds this ambiguous, the law says you have to construe it in favor
of the defendant and a just result," Nevin retorted. ``It would be just to bring this
prosecution to an end."