Monday, July 16, 2018

OREGON STANDOFF BREAKING:  JUDGE DISMISSES SOME CHARGES AGAINST FBI AGENT ACCUSED OF LYING ABOUT SHOOTING AT LAVOY FINICUM


With jury selection slated to start next Tuesday, US District Judge Robert E. Jones suddenly moved today to dismiss two of the five counts against FBI Agent W. Joseph Astarita.  Astarita is accused of lying about shooting at Oregon Standoff protester LaVoy Finicum moments before  Oregon State Police killed him.

Jones dropped one of two counts of making a false statement saying Astarita's flippant remark to a supervisor who asked "Did you shoot?" which was either "You don't got to ask me that, bro" or "You know you can't ask me that now".   The judge said the remark did not constitute a false statement.

Judge Jones also dropped one of three counts of obstruction of justice related to a group interview of all five FBI Hostage Rescue agents at the shooting scene.   The supervisor said in that interview that none of the agents fired shots.  Astarita did not speak.   The judge says his silence at the interview cannot be considered obstruction of justice.

Astarita still faces one count of making a false statement and two of obstruction of justice.

Earlier in the pre-trial process the judge said in court that while the five charges may be redundant as the defense lawyers were alleging, he was not going to drop any of them.  He actually said the jury should decide on the merits of the charges in the end.

Interesting development coming days after President Donald J. Trump's pardon of the Hammonds.  Judge Jones was responsible for detention of those arrested during the Oregon Standoff and met Ammon Bundy and his brother Ryan in a jail cell.

Ammon Bundy has posted on Facebook his opinion that Agent Astarita won't see a day in jail when its all said and done.

Astarita's trial begins a week from Tuesday on July 24th in Portland with jury selection set to get underway in the morning.   The trial expected to last four weeks.


Link below.....


.OREGON LIVE MAXINE BERNSTEIN STORY 7/16/2018


(EDITED SHORTLY AFTER PUBLICATION TO RECALL JUDGE'S EARLIER VIEW ON THE FIVE CHARGES BEING REDUNDANT)

1 comment:

  1. "Jones dropped one of two counts of making a false statement saying Astarita's flippant remark to a supervisor who asked "Did you shoot?" which was either "You don't got to ask me that, bro" or "You know you can't ask me that now". The judge said the remark did not constitute a false statement."

    A most reasonable decision.

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