◆ SpookStack

not saying that I would have taken it. I am not saying that others should do what he did. I am certainly not saying that in a future similar set of circumstances FBI Agents or law enforcement officers should take such a shot. The FBI will strive and train to avoid such tragic results, whenever humanly possible. Indeed, the constitutionality of Special Agent Horiuchi's second shot is a very close and very difficult question. It is not a matter that can be addressed in “black and white" terms. It cannot be answered categorically or with a high degree of certainty. On careful balance, however, I believe that Special Agent Horiuchi's second shot was constitutional. Under all of the circumstances that Special Agent Horiuchi faced on August 22, 1992, and based on all of the evidence, I do not believe that it was unlawful in that time and place for him to take the second shot. Special Agent Horiuchi testified he took the first shot when he observed a man later determined to be Randy Weaver, who was next to the birthing shed, raise his rifle. At that time, Special Agent Horiuchi perceived that Weaver "was trying to get a shot off" at a law enforcement helicopter that was flying overhead. Special Agent Horiuchi said he took the first shot for only one reason: he believed he was protecting fellow law enforcement officers who were in the helicopter. Special Agent Horiuchi said he took the first shot only when he observed Randy Weaver raise his rifle in the direction of the helicopter. Although FBI Agents in sniper positions had observed