Affidavit of Stewart Waterhouse
Content
AFFIDAVIT OF STEWART WATERHOUSE
Steward D. Waterhouse!
P.O. Box 700325!
Kapolei, Hawaii 96709!
(808) 233-8103!
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Grand Jury Action!
[email protected]!
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STATE OF HAWAII! !
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HONOLULU COUNTY!
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AFFIDAVIT OF STEWART WATERHOUSE!
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I, Stewart Waterhouse, having been first duly sworn, do hereby depose and state as
follows:!
Introduction and My Background!
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1. I am Stewart D. Waterhouse, born May 13, 1958, and am of sound mind. This
Affidavit is submitted in support of a Criminal Complaint, regarding violation of
18 USC §241 and §242 and/or in the alternative 18 USC §2, relating to events of a
Stop and subsequent fatal Road Block on Hwy 395 in Harney county, Oregon on
January 26, 2016. This Affidavit is a written sworn statement of the essential facts
constituting the offense(s) alleged, with recommendation it be referred to a
Federal Grand Jury in and for the District of Oregon1.
1
FRCrP rule 6(a)(1) “When the public interest so requires, the court must order that one or more grand juries be
summoned.”
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AFFIDAVIT OF STEWART WATERHOUSE
2. This Criminal Complaint and supporting Affidavit is made pursuant to the
United States Constitution, First Amendment, within the penumbra2 of the Right
to Petition for Redress of Grievance. When the grievance is a crime, the
appropriate recipient of petition should be a Grand Jury. In this instant case, the
“Bundy group,” had their First and Fourth Amendment Rights conspired against
and were in fact deprived of same. Resulting in the death of one of them and the
planting of a gun in the victim’s pocket in attempt to justify unlawful actions.!
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3. I am not a “sovereign citizen” nor do I share such ideology. !
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4. I previously did not personally know and have never met LaVoy Finicum, Cliven
Bundy, Ryan Bundy, Ammon Bundy, Shawna Cox, Victoria Sharp, Ryan Payne,
Jon Ritzheimer, Joseph O’Shaughnessy, Brian Cavalier and Peter Santilli. (I was
previously on a Bundy bulk email list).!
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5. The fact(s) I here set forth are based on my personal knowledge and knowledge
obtained from other individuals, including but not limited to, sixteen (16) people
(names withheld to protect them from retaliation) who assisted me in this
investigation. I did not previously know any of these people outside of our
investigation. We came together spontaneously for the purpose, under the group
name “Grand Jury Action” (previously, aka Action at Law for Grand Jury
Access). !
2
First substantially recognized in the Magna Carta article 61, the Petition for Redress of Grievance was in fact a
guarantee preventing rebellion. A civilized society’s alternative to settling scores, instead of resorting to justice by
violence. Somewhere within the penumbra of the right to Petition for Redress of Grievance- must be access to the
grand jury. For if reserved exclusively to the oligarchy, would disenfranchise a significant segment of citizenry.
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AFFIDAVIT OF STEWART WATERHOUSE
6. We have electronically collected three thousand (3,000) signatures in support of
our request for a Grand Jury Investigation. See attached Exhibit “B”.!
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7. My personal knowledge, from which I base facts and conclusions herein,
including, but not limited to, the following:!
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8. I am generally familiar with Oregon’s geo-political history, as I have in the past
lived in Oregon and have three grandparents buried in Eastern Oregon. !
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9. I viewed live the FBI’s post Finicum shooting Press Conference3 and the OSP
Investigation Press Conference (March 8)4. I viewed the “Complete, Unedited
Video of Joint FBI and OSP Operation 01/26/2016”5 including blowing up
particular frames to view and/or extract information and detail. !
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10. Likewise I viewed the video6 taken by Shawna Cox from inside the vehicle,
including blowing up particular frames to view and/or extract information and
detail. I further also viewed Shawna Cox’s statement(s)7 made immediately after
the fatal event. I also viewed video and audio statement(s) made by Victoria
Sharp.8!
!
3
by Gregory Bretzing
4
https://youtu.be/iXt8O7LCmao
5
https://youtu.be/aAGxDWKrjPQ
6
https://youtu.be/eEswP_HSFV4
7
Phone audio interview. Later also https://youtu.be/uDednOsEx7w
8
https://youtu.be/eIjNXiHNyi0
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AFFIDAVIT OF STEWART WATERHOUSE
11. I also viewed Ryan Bundy’s cell phone video(s). I further viewed a cell phone
video of a bystander who happened to drive up on the Road Block from the
opposite side.!
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12. I read 610 pages of released “Emails From Oregon Governor’s Office Re Malheur
Refuge Takeover.”9!
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13. I read 660 pages of “Tri-County Major Incident Team Released Reports
(Redacted), Officer Involved Shooting January 26, 2016 Robert LaVoy Finicum”10
which included official statements by the OSP shooters and others.!
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14. I note that the statements made by the OSP shooters were made after they
viewed11 the FBI’s aerial video and Shawna Cox’s video, thus their recollection
may be in part not real memory of the incident, but influenced by their
interpretation of the video(s) (this is a violation of Oregon police policy and best
practice12).!
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15. I read the official “Finicum Autopsy Report”13.!
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9
https://www.scribd.com/doc/302031664/3-3-16-Emails-From-Oregon-Governor-s-Office-Re-Malheur-RefugeTakeover
10
https://www.scribd.com/doc/303735818/1-26-16-Robert-Lavoy-Finicum-Tri-County-Major-Incident-Team-ReleasedReports-Redacted
11
Redacted, 3/9/2016 - Page 64
12
Example: “involved officers will not be allowed to review video tapes of, or relating to, the incident prior to making a
formal statement” UO PD (officer Involved Shooting) 310.4(e), and again, “The officer will not be allowed to view video
recordings of, or related to, the incident until after a statement has been made” 310.6(c)4
13
https://www.scribd.com/doc/303515989/Lavoy-Finicum-Autopsy-Report
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16. I researched various scientific papers for the incapacitation time it takes from
when a person is shot until he/she collapses. See attached Exhibit “C” The
Strasbourg Tests14. !
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17. I read FBI Agent Katherine Armstrong’s Affidavit dated Jan 26, 201615.!
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18. I spoke over the phone with LaVoy’s widow, Jeanette Finicum.!
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19. I physically examined the inside pocket of a Levi jacket similar to the one LaVoy
was wearing.!
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20. I attempted, several times to contact Mark McConnell to ask him if his rights
were violated by the FBI or OSP. Mr. McConnell failed to respond. His failure to
respond is the reason he is not otherwise mentioned by me in this Affidavit or
supporting documents. I did watch Mr. McConnell’s video version of what
happened.!
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21. I sent questions to over seventy eight (78) FBI personnel in Oregon and/or FBI
HRT (swat) persons, including, but not limited to, the FBI persons involved.
Communications were by email and phone text messaging. See attached Exhibit
“A”, including a way for FBI whistle-blowers to communicate with me
anonymously using anonymous tools16.!
14
The Marshall and Sanow data also support this conclusion.
15
https://www.scribd.com/doc/296892228/Criminal-complaint-against-Ammon-Bundy-and-other-armed-protesters
16
provided by anonymousspeech.com
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22. This affidavit does not include all the information I, or, we (Grand Jury Action,
our committee of 16), have learned in our investigation(s). I have included what I
believe to be sufficient to create a legal presumption as to the facts and
conclusions of this Affidavit, which I believe to be sufficient to establish probable
cause for the Criminal Complaint, and/or referral to a Federal Grand Jury.!
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Unresolved Questions!
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23. The Tri-County Major Incident Team, Officer Involved Shooting Investigation,
alleges that the FBI tampered with evidence by removing spent rifle cartridges
from the scene and lied to investigators about FBI shooting involvement. We DID
NOT DEAL WITH THIS in our investigation as that is already under
investigation and we wish not to be duplicative. !
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24. Did the OSP shooter(s) have an alcoholic drink which lowered inhibition (or
other drugs), prior to shooting? We note that the officer (shooter) refused both a
urine and blood test to determine this17.!
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25. OSP #1 shooter’s statement has been altered18. Who, after the statement was
made, but prior to release, changed the shooter’s statement where he describes
his shooting of LaVoy, and what did the original statement say?!
17
Redacted 3/9/2016 page 8
18
Redacted page 105 paragraph 2 was altered.
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26. Who was in the Command Center, in control of the Stop and Road Block with
Greg Bretzing and Sheriff Dave Ward? Was Billy Williams present? Who gave the
order authorizing shooting, or was it a standing shoot at will order?!
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27. LaVoy Finicum had a cell phone in his left hand upon exiting his vehicle. Where
is Mr. Finicum’s cell phone video recording? Shawna Cox’s video clearly shows a
cell phone in Mr. Finicum’s left hand. His cell phone was recovered from the
snow next to where he fell19 and died, and its content extracted20.!
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Investigation!
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28. The Bundy group (Constitutional Activists), occupied the Malheur Refuge
thinking that the Federal Government would have to take Civil Action to evict
them, thus giving their issues national attention. !
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29. Instead they were viewed as outside agitators coming in trying to tell
Oregonians how to handle their Rancher Problem, [i.e. re the Hammonds].!
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30. As Georgia Marshall said “not going to let the out-of-towners at the refuge be the
face of area ranchers.”21!
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19
Redacted 3/9/2016 page 123 “D”
20
Redacted 3/9/2016 page 128
21
Phil Taylor, E&E reporter Jan 13, 2016
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31. Billy Williams in his propaganda message to Harney County residents, called
them “outside individuals.”22!
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32. Parroting the animosity of Harney county authorities, Governor Kate Brown
referred to the Bundy group as “outsiders seeking to exploit and manipulate a
local matter,”23 and again, “instigated by outsiders with no real connection to
Oregon.”24!
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33. This quickly changed to distress, when public opinion began to support the
Bundy group, “We are hearing from multiple sources the Harney County
residents’ sentiment is shifting very quickly to a higher degree of sympathy
towards the occupation.”25!
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34. State Authorities and Counter Reactants now began to pressure the FBI to
prevent The Bundy group from attending community meetings. The tone is
summed up by Richard Ellmyer in an email to Gregory Bretzing “The armed
militants occupying the malheur National Wildlife Refuge announced Tuesday
morning that they will drive into Burns at the end of the week to hold a
community meeting.”26 Ellmyer then demanded that Bretzing arrest Ammon
Bundy the moment they leave the Refuge to prevent their attending community
22
quoted in email: [email protected] to [email protected] Dec 29, 2015
23
letter from Governor Brown to Loretta Lynch and James Comey Jan 15, 2016
24
email: Grainger Kristen to Moawad Heidi Jan 7, 2016
25
email: Jim Desmond fwd by Whitman Richard to Moawad Heidi Jan 14, 2016
26
email: Richard Ellmyer to Bretzing at [email protected] Jan 13, 2016
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meetings. Frustration grew when the FBI did not prevent the Bundy group from
attending the community meetings. Again Ellmyer sets the tone, “The audacious
Ammon Bundy is so confident that Bretzing is afraid to arrest him that he is
planning a town hall meeting to present his exit plan in Burns, Oregon on Friday
January 15th at 7 PM. Bretzing has indicated that he will NOT announce NOR
admit that he has any intention of arresting Ammon Bundy on Friday night.”27
Ellmyer threatens, “We Oregonians endured then overcame the invasion of the
Bhagwan Shree Rajneesh and 2,000 of his worshippers… The scruffy Bundy
bunch of about two dozen rogue, mindless, misguided, Mormon motivated
congregants are not in the same league as the Bhagwan and his army of
followers. We Oregonians shall have the same success dealing with the Mormon
Malheur Marauders as we did with the Rajneeshees.”28!
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35. To prevent Ammon Bundy from speaking at the Community Meetings, Steve
Grasty moved the scheduled meeting to the Senior Center, a much smaller
capacity, and issued tickets, to prevent the Bundy group from participation. Later
he cancelled the meeting altogether. In doing so Grasty cited “interference from
outsiders,” and stated “I will not give these agitators what they want most,
which is attention.”29!
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27
email: Ellmyer Report to Moawad Heidi Jan 15, 2016
28
email: from [email protected] to [email protected]
29
January 25 Statement by Judge Steve Grasty (Community Meeting Cancelled)
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36. A Community Meeting was scheduled at John Day in Grant county. Officials and
Conspirators against Rights feared “Grant Co. also has a fair number of folks
who would sympathize with the occupiers.”30!
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37. They began to fear that the “virus would spread.”31 Anxiety became malaise, and
a conspiracy to deny the Bundy group the Right of Assembly and Speech at these
community meetings began to congeal. Grant County Commissioner Boyd
Britton suggested, “There is a lot of open road traveling between Harney and
Grant Co. Doesn’t it seem like an opportunity for law enforcement to stop the
occupiers on their way and make some arrests?”32 Heidi Moawad replied, “I am
hopeful that any attempts to migrate to other counties will be stopped. I am
hesitant to put too much in email but certainly efforts are being made to prevent
what you reference.”33!
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38. State authorities knew of the planned Community Meeting and conspired to
prevent the Bundy group from reaching that meeting.!
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39. At the Malheur Refuge, preparation was made for their trip to the Community
Meeting of January 26 in John Day. Ammon Bundy (who usually did not carry a
gun), his brother Ryan Bundy and LaVoy Finicum decided and agreed it would
be better if they attended the meeting in John Day unarmed. So LaVoy Finicum
30
email: from Brett Brownscombe to Heidi Moawad Jan 15, 2016
31
Jan 25/26 Ron Wyden told James Comey “a situation where the virus was spreading”
32
attributed to Boyd Britton in email from Brett Brownscombe to Heidi Moawad Jan 15, 2016
33
email: Heidi Moawad to Brett Brownscombe Jan 16, 2016
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removed his cowboy holster and revolver and left it behind at the Refuge.
(Apparently, LaVoy did have his other gun(s) stored in his pickup as it was his
truck34). !
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40. Proof that LaVoy left the gun he carries behind at the Refuge, the next day after
the fatal event, Duane Ehmer,35 riding his horse and carrying a flag, surrendered
to the FBI. Duane did so while wearing LaVoy’s gun. Further, Ammon Bundy in
a cell phone from the back of the police car, called his wife Lisa, and said, LaVoy
Finicum has been murdered, he had his hands in the air and was “unarmed.”
Shawna also says LaVoy did not have a gun, that they attended the meetings
unarmed.36!
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41. The Sharp family gospel singers, had arrived at the Malheur Refuge; they were
to accompany the Bundy group to John Day to sing at the Community Meeting.
Prior to leaving, the family sang Amazing Grace, this was filmed and LaVoy
uploaded the song to his Twitter account37. This would be the last social media
tweet or post that LaVoy was to ever make.!
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42. Three vehicles left the Refuge headed to John Day. The first vehicle carried the
Sharp family and was not stopped. A Jeep driven by Mark McConnell (I note
OSP #6 statement says driver “was Mr. Cavaller” and again “Mr. Cavalier, the
34
https://youtu.be/uDednOsEx7w at 16:28
35
https://youtu.be/QXD57PvEcbA at 1:21
36
https://youtu.be/uDednOsEx7w at 16:08
37
https://twitter.com/OneCowboysStand/status/692072357788123136
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driver,” apparently witness testimony can be fallible). Passengers in the jeep
were Ammon Bundy (OSP #6 statement was that Ammon “was unarmed”38) and
Brian Cavalier aka “Booda”.!
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43. OSP #8 pulled the Jeep over. OSP #6 identified themselves to the Jeep as
“Oregon State Police.”39 No identification of FBI involvement was made. Thus
Color of State Law attaches. The actions of both OSP and FBI are now pursuant
to Color of State Law of the state of Oregon. The passengers of the Jeep are now
taken into custody, without probable cause for the Stop, and without an arrest
warrant (in violation of the 4th Amendment). Thus the 1st Amendment Rights of
the Jeep passengers, Ammon Bundy and Brian Cavalier, to Assembly and Free
Speech were violated as they were prevented from attending the Community
Meeting in John Day.!
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44. Gregory Bretzing, David Ward and others controlled the operation. A Command
Post located at the Lincoln Junior High building40 in Burns was used. It is my
allegation that Billy Williams gave council regarding the proposed operation.
The FBI took video from the air. The FBI and OSP participants then went in
disguise on the highway with intent, at least in part, to prevent the Bundy group
from reaching the Community Meeting in John Day, a conspiracy to violate their
1st Amendment Right to Assembly and Free Speech. !
!
38
Redacted 3/9/2016 page 253
39
Redacted 3/9/2016 page 253
40
Redacted 3/9/2016 page 360
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45. Both the FBI and OSP, for disguise41, used unmarked vehicles. Both the FBI and
OSP disguised their persons, by wearing civilian clothing. As an OSP statement
says “we were in unmarked vehicles and we wanted to keep our identity as
discreet as possible”42 “For that purpose, we used unmarked vehicles and wore
civilian clothing.”43 OSP #1 (shooter)’s statement, “I had on a, you know, a
nondescript black jacket that I could wear over the clearly police marked ballistic
vest”44 “So we were trying to operate covertly.”45 OSP #2 (shooter) wore blue
jeans and a black long sleeve pull over sweatshirt.!
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46. In the Finicum truck, a white 2015 Dodge Ram pickup, was LaVoy Finicum the
driver. Passengers were, Ryan Payne in the front passenger seat, in the rear was
Ryan Bundy seated behind LaVoy, rear middle was Victoria Sharp, 17 or 18 years
old, her head leaning on Ryan’s shoulder (the same shoulder where Ryan was
later shot when OSP #1 recklessly fired at the vehicle as it approached the Road
Block); in the passenger side rear was Shawna Cox who took video using her
camera.!
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47. Again, the date and location of the Stop and Road Block was selected at least in
part, by law enforcement, to prevent LaVoy and his passengers from reaching the
Community Meeting in John Day. !
41
an element of 18 USC §241
42
Redacted 3/9/2016 page 47
43
Redacted 3/9/2016 page 47
44
Redacted 3/9/2016 page 99
45
Redacted 3/9/2016 page 99
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48. At the First Stop, the Finicum’ vehicle was also pulled over by OSP #4, again
without probable cause nor arrest warrant in violation of the 4th Amendment.
Again OSP and FBI were using unmarked vehicles; to disguise themselves,
officers wore civilian clothing. As verified by both OSP statements and Shawna’s
video, LaVoy Finicum asks “Who are you?”46 OSP #4 responds “We are the
Oregon State Police.”47 No identification of FBI involvement was made.
Consequently at this point Color of State Law attaches. From this point on both
OSP and FBI are operating under the Color of State Law of the state of Oregon.!
!
49. While the Finicum Vehicle was first stopped, Ryan Payne puts his hands up out
the window. According to Shawna Cox’s statement someone fired a lethal
bullet48 at his hands, missing, striking the Finicum vehicle’s side mirror post,
later investigators did recover a bullet fragment from the side mirror post49. This
is also confirmed by Victoria Sharp.50!
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50. Ryan Payne then gets half out of the Finicum vehicle to surrender when OSP #5
fires a 40 mil less lethal round striking Payne in the arm. The other occupants of
the Finicum vehicle, believed this was a real bullet. Payne is taken into custody.!
!
46
https://youtu.be/eEswP_HSFV4 at 0:56
47
Redacted 3/9/2016 page 39
48
https://youtu.be/uDednOsEx7w at 7:32
49
https://youtu.be/uDednOsEx7w at 7:15
50
https://youtu.be/eIjNXiHNyi0 at 1:14 & 8:36
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51. LaVoy Finicum, having informed OSP #4 that he was going to see the sheriff in
John Day and that they were welcome to follow him51, fearing for his life and
safety of passengers, drove off.!
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52. Posted speed limit was 55 mph. LaVoy’s vehicle speed was between 50 and 60
miles per hour.52 !
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53. Ryan Bundy, worried for his brother Ammon, turns sideways in his seat with his
right shoulder facing forward, as he was trying to look back to see if the Jeep,
with his brother, was following them. Ryan has a cell phone in his hand, this can
be seen in Shawna’s video, from the first stop and at the Road Block, Ryan held
the cell phone until OSP instructed him to drop it in the snow when he was
taken into custody.!
!
54. The Road Bock was set up in Harney county, on Hwy 395 near milepost 50, on a
double yellow line blind curve with two unmarked FBI vehicles in front, only
one of which had head lights on. And a personal vehicle belonging to OSP #1 in
the rear, head lights off. There were NO forward facing familiar red and blue
flashing lights on any of the vehicles. (However, the camper shell of OSP #1 side
marker lights were flashing, as was one in rear window of one of the truck, this
is only visible to anyone approaching from behind the Road Block). NO flashing
blue or red lights on top of the vehicle or front grill, to indicate that it was a
51
https://youtu.be/eEswP_HSFV4 at 1:02
52
Redacted 3/9/2016 page 40
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police Road Block, were visible to the Finicum truck as it approached. The time
was approximately 16:30, sundown would be at 16:5953. !
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55. Behind the Road Block the highway was straight and would have afforded good
visibility had the Road Block been set further back. !
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56. A step ladder was placed in the middle of the road between the FBI vehicles
affording an elevated position for the FBI sniper.!
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57. Thus a Felony Road Block54, otherwise known as a Dead Man’s Road Block55,
was set up with limited sight56 distance and no escape path (in violation of
Oregon police policy and best practice), to precipitate57 a scenario that would
justify opening fire on an approaching vehicle58. Nevertheless, it is a legal
maxim, that one can not create a situation and then profit from it. When LaVoy
first became aware of the Road Block, he applied his brakes and never let up on
the brakes until crashing into the snow bank. His brake lights are clearly shown
to have been continually applied in the FBI video. !
!
53
The sun by now obscured by forest trees making the Road Block less visible.
54
This “felony” road block was unjustified as Bundy group posed no immediate threat of death or serious physical
injury to anybody.
55
Road Blocks are considered use of Deadly Force.
56
Prohibited see Portland Police Manual 630.05 (5.1.4.1.)
57
1010.00 (3.2.)
58
1010.00 (4.2.4.)
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58. From the First Stop to the Road Block OSP/FBI pursued the Finicum vehicle.
This constituted a “seizure”59 in violation of their 4th Amendment rights.!
!
59. OSP #1 had also taken up shooting position. When Fincum’s truck first appeared
rounding the corner, OSP #1 fired “multiple rounds from an AR-15 rifle”
recklessly “aiming towards the - - what would be the driver area”60 and at the
motor.!
!
60. One of the bullets fired by OSP #1 entered Finicum’s truck and struck Ryan
Bundy in the upper arm shoulder61. Due to adrenaline surge, Ryan did not at
first feel or realize when or that he had been shot. (A bullet strike is fast and can
locally disrupt nerve endings preventing subject from initially realizing he has
been shot). (However, while all the evidence points to OSP #1 as having fired the
shot that struck Ryan Bundy, it is possible that he was shot some time later after
LaVoy was fallen, when the truck needlessly came under heavy fire).!
!
61. It can be debated whether shooting at the motor to disable the vehicle is justified,
(I dissent). However, to shoot at the driver of a moving vehicle, must be
considered reckless endangerment, because if he had hit LaVoy the vehicle could
have gone out of control killing both passengers and officers at the Road Block.!
!
62. To avoid a crash, LaVoy swerved off the road and into a snow bank. !
59
Brower v. County of Inyo 109 S.Ct 1378 (March 21, 1989)
60
Redacted 3/9/2016 page 86
61
Redacted 3/9/2016 page 453
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63. It is believed by the passengers that, to draw fire away from the truck and thus
save his passengers, LaVoy quickly exited his truck with his hands in the air (a
cell phone in his left hand). Saying, “shoot me.” !
!
64. In Shawna Cox’s video, there are several frames of a clear good view of LaVoy’s
Levi brand jacket showing the left side area where according to the FBI a gun
was found in the inside pocket. I note that the jacket does not show any
deformation. Neither a weight pulling it down as would be expected from a gun,
nor any bulge. From this perspective the pocket appears to be empty. Wrinkles
shown match wrinkles also shown in a much earlier picture of LaVoy wearing
the same jacket, thus the wrinkles are also accounted for and discounted. !
!
65. Immediately, at the same time that Lavoy was exiting the vehicle, while LaVoy’s
hands were raised, FBI sniper(s) (John Doe) from an elevated position, fired two
unjustified shots. One of the FBI’s shots entered through the roof of the Finicum
vehicle, missed both Victoria and Ryan’s head, by less then a few inches, and
struck the rear passenger window shattering it. The intended trajectory path
suggests it was aimed at Lavoy. !
!
66. The other FBI unjustified shot, struck LaVoy in the upper back, traveling in a
slight downward path62 and exited LaVoy’s chest, near his left nipple. The bullet,
while striking the upper lobe of the left lung, did not hit the spinal cord nor
head. Time to incapacitation from this shot was about 12 seconds, which is
62
Finicum Autopsy Report page 1 at ii.B
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within the expected time to incapacitation range. (Contrary to what some may
believe, incapacitation is not instant, unless the spinal cord or head is struck, as
shown by scientific tests. See exhibit “C” The Strasbourg Tests). At the time of the
FBI firing these shots, there was no motion by LaVoy toward his pocket, his
hands were up! !
!
67. (There is some evidence63 the FBI sniper actually fired the shot striking LaVoy,
just before LaVoy lowered his hands the first time. 7 seconds prior to
incapacitation. However, the audio of Shawna’s video does not support this
conclusion.) !
!
68. LaVoy is shown in the FBI aerial video stumbling and turning as he moves away
from the truck with his hands up.!
!
69. OSP #2 (shooter), having pursued LaVoy from first Stop to the Road Block,
arrives and takes position to engage LaVoy. !
!
70. OSP #1 also moves from the road into the snow to engage LaVoy and makes eye
contact.!
!
71. LaVoy turns away from OSP #1 and lowers his hand the first time. Possibly an
instinctive movement to grasp where the bullet had exited as he may now begin
to feel some numbness in the area. !
63
This is when Shawna believes he was shot https://youtu.be/uDednOsEx7w at 40:05
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72. Two seconds more later, LaVoy attempts to keep his left hand up, while still
being compelled to grasp his left chest area with his right hand. This is the
second time his right hand lowers and reaches to his left. Despite LaVoy’s
reaching for his left side, he has not assumed any shooter position.!
!
73. LaVoy is now facing OSP #3 who is aiming a taser at LaVoy. A third time LaVoy,
attempts to clutch his left side with his right hand. I note only OSP #3 was in a
position to observe or see why LaVoy was lowering his right hand, but OSP #3
does not make a released official statement. OSP #3 may have fired his taser.!
!
74. Both OSP #2 and OSP #1, without seeing why LaVoy was reaching with his right
hand, and without seeing any gun. Fired and shot LaVoy in the back at about the
same time. !
!
75. OSP #2 from a lower position, relative to LaVoy, using an AR-10 rifle with
Leupold scope, fired, striking LaVoy in the lower right back, bullet path traveling
in an upward64 wound path damaging the kidney, liver, lung, heart and exiting
LaVoy’s chest near his left nipple. !
!
76. OSP #1 from a position approximately at same level, shot LaVoy from behind, in
the left shoulder area. Bullet path was horizontal65 and probably of itself not
fatal.!
64
Finicum Autopsy Report page 1 at iii.B
65
Finicum Autopsy Report page 6
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77. OSP #1’s second shot (a rapid double tap) evidently missed.!
!
78. LaVoy collapses and falls to the ground. !
!
79. After LaVoy is down hard, the Finicum truck, with the passengers still inside,
having made no threats nor aggressive gestures, nor given any cause to be shot
at, comes under heavy fire, recklessly and unnecessary, endangering them, in
violation of police procedure. !
!
80. OSP #5 fires a less lethal 40mm round breaking the truck passenger window.!
!
81. OSP #7 fires 6 times, shooting less lethal 40mm rounds into the Finicum truck.!
!
82. This shock attack is a tactic designed to prevent the passengers from being able
to think. It is not to induce passengers to exit, as one can not exit while under
fire. This aggressive tactic was unwarranted, because the passengers never
displayed weapons, nor did they make any threats.!
!
83. At this time civilian vehicles had arrived from the north of the Road Block and
began to film the action with their cell phone. !
!
84. The arrival of outside witnesses contributed to saving the lives of the passengers,
as OSP and FBI realized that their actions were now being observed.!
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85. The passengers were now allowed to exit the Finicum truck and were taken into
custody, without Probable Cause and without an Arrest Warrant in violation of
the 4th Amendment.!
!
86. Thus LaVoy Finicum, Ryan Bundy, Shawna Cox and Victoria Sharp were
prevented from attending their planned Community Meeting in John Day in
violation of their First Amendment Right to Assembly and Free Speech.!
!
87. LaVoy is rolled onto his right side. Hand Cuffs are placed on LaVoy, his hands
drawn behind his back. !
!
88. The Finicum truck is now searched (without a warrant) and photographed.
LaVoy’s gun(s), that had been stored in his truck, are found. They place a Taurus
revolver on the rear floor board (where Ryan had sat), and took a photo. This
photo is misleading, as it makes it appear, contrary to fact, that Ryan Bundy had
been in possession of the revolver. !
!
89. LaVoy’s 9mm handgun is found. An unknown (John Doe) person retrieved the
gun from the Finicum truck, walked over to where LaVoy was laying on his right
side in the snow, from behind LaVoy, bent over or knelt down, pulled LaVoy’s
Levi left side of his jacket up, exposing the inside pocket, and placed the gun into
LaVoy’s pocket, thus planting false evidence on him.!
!
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90. A photo of the gun in LaVoy’s pocket is taken. I describe the released photo
thus: At first the photo is somewhat hard to perceptually orientate, due to the
jacket being somewhat folded just above the pocket, caused by someone holding
the jacket open to expose the gun in pocket. Camera angle is somewhere near
LaVoy’s face or chest looking down the body. His left jacket flap is held open by
someone grasping the left bottom jacket corner, the hand or wrist of the person
holding the jacket open can be seen. In top right corner can be seen LaVoy’s
Wrangler blue jeans with brown belt. Bottom right corner is snow on the ground.
Bottom left corner is LaVoy’s black or dark colored shirt with red stripes and
narrow white stripes (the red stripe is outlined in yellow or gold boarder to the
stripe). LaVoy’s white/beige sweater can also be seen. The photo is of the Levi
inside pocket showing 9mm handgun in pocket.!
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91. Orientation of the gun in pocket: Gun is upside down, top of gun horizontal to
bottom of jacket, barrel pointing to the rear. Butt end pointing up to pocket
opening. !
!
92. It is implausible and unnatural for a person to be able to place a gun in one’s
own pocket in this position! An expected position would be barrel down and
butt end facing the jacket button hole edge. Or, gun in a triangle position barrel
slanted toward back with hammer up and butt toward top/button hole edge.!
!
93. However, the position pictured is natural and expected, if a 2nd party (John Doe)
standing or kneeling on ground, from behind LaVoy were to pull open the left
side of jacket, and place the gun in LaVoy’s pocket. Assuming the 2nd party
would be holding the gun in a normal manner.!
!
94. For LaVoy to have placed the gun in his own pocket, in the position pictured, he
would have had to hold the gun in an unnatural manner, like this:!
95. When LaVoy wore this gun in a shoulder holster (left side), it was in a position as
would be naturally expected. Not as was supposedly found in his pocket. !
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96. The only possible conclusion then, is that some unknown person planted the
gun on LaVoy after the fact.!
!
97. Each county in Oregon was required66 to form a Police Officer Deadly Physical
Force Plan for officer involved shootings. Malheur County’s plan states “The
District attorney shall submit all police officer use of deadly force cases to the
grand jury to resolve issues of potential criminal responsibility.”67 However, to
avoid Grand Jury review, the investigation of the shooting of LaVoy, was moved
to Deschutes County where grand jury review is not mandatory.!
!
98. The next day, January 27, 2016, FBI special agent Katherine Armstrong filed a
Criminal Complaint and Affidavit against those who had been taken into
custody, alleging Conspiracy on the part of the Bundy group. The motive for the
timing of her filing has to be, in part to justify the wrongful actions taken at the
Road Block.
66
ORS 181.786
67
Malheur County Police Officer Deadly Physical Force Plan, paragraph 6
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SUMMARY!
!
99. I conclude and allege, based on the above sworn information, that OSP #1, OSP
#2, OSP #3, OSP #4, OSP #5, OSP #6, OSP #7, OSP #8 and FBI John Doe(s), did
willfully conspire against the right of LaVoy Finicum, Ryan Bundy, Ammon
Bundy, Ryan Payne, Bryan Cavalier, Shawna Cox and Victoria Sharp, to
Assemble and Speech, at a Community Meeting in John Day, where they had
been invited to speak, in violation of 18 USC §241. And did willfully Deprive
each of this right, under the Color of Law of the state of Oregon, in violation of
18 USC §242. !
!
100.I conclude and allege, based on the above sworn information, that Gregory
Bretzing, David Ward, Billy Williams, Heidi Moawad, Boyd Britton, Richard
Ellmyer, Steve Grasty, OSP John Doe(s) and FBI John Doe(s), also willfully
violated §241/§242 or in the alternative, did violate 18 USC §2, as principal(s), or,
Aiding and Abetting, to the above described conspiracy.!
!
101.I conclude and allege, based on the above sworn information, that Katherine
Armstrong and OSP John Doe (who changed shooter OSP #1’s statement), as
Accessory After the Fact in violation of 18 USC §3.!
!
102.These violations by law enforcement and others in a Conspirators against Rights
also resulted in the death of LaVoy Finicum by the state of Oregon in
participation in murder, accomplished by and through its officers with the
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AFFIDAVIT OF STEWART WATERHOUSE
participation of others, without the semblance of due process of law as required
by the Fourteenth Amendment. !
!
103.Once the Conspirators against Rights, identified themselves as “Oregon State
Police,” and made no other identification, then Color of State Law of the state of
Oregon, attaches, not only to the wrongful actions of Oregon Officials, but also to
the wrongful actions of both Private and Federal Individuals who jointly
engaged with Oregon Officials in the prohibited actions. Consequently, all the
Conspirators against Rights, did conspire against the Bundy group, to the
deprivation of right, privilege and immunity, secured and protected by the
Fourteenth Amendment to the Constitution of the United States, not to be
summarily punished and killed, without due process of law by persons acting
under Color of the Laws of the State of Oregon.!
!
104.And in furtherance thereof, in attempt to justify their prohibited actions,
including murder and deprivation of Rights, they planted LaVoy’s gun in his
pocket.!
!
105.Therefore, I respectfully request and urge, the Magistrate Judge in and for the
United States District of Oregon to impanel a Special Grand Jury and to forward
my Criminal Complaint and this Affidavit to same. Or in the alternative, to refer
this matter to any sitting Grand Jury.
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by _____________________! !
Stewart D. Waterhouse!
Date: __________!
Subscribed and sworn hereto:
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Steward D. Waterhouse!
P.O. Box 700325!
Kapolei, Hawaii 96709!
(808) 233-8103!
!
Grand Jury Action!
[email protected]!
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STATE OF HAWAII! !
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HONOLULU COUNTY!
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SS:!
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AFFIDAVIT OF STEWART WATERHOUSE!
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I, Stewart Waterhouse, having been first duly sworn, do hereby depose and state as
follows:!
Introduction and My Background!
!
1. I am Stewart D. Waterhouse, born May 13, 1958, and am of sound mind. This
Affidavit is submitted in support of a Criminal Complaint, regarding violation of
18 USC §241 and §242 and/or in the alternative 18 USC §2, relating to events of a
Stop and subsequent fatal Road Block on Hwy 395 in Harney county, Oregon on
January 26, 2016. This Affidavit is a written sworn statement of the essential facts
constituting the offense(s) alleged, with recommendation it be referred to a
Federal Grand Jury in and for the District of Oregon1.
1
FRCrP rule 6(a)(1) “When the public interest so requires, the court must order that one or more grand juries be
summoned.”
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AFFIDAVIT OF STEWART WATERHOUSE
2. This Criminal Complaint and supporting Affidavit is made pursuant to the
United States Constitution, First Amendment, within the penumbra2 of the Right
to Petition for Redress of Grievance. When the grievance is a crime, the
appropriate recipient of petition should be a Grand Jury. In this instant case, the
“Bundy group,” had their First and Fourth Amendment Rights conspired against
and were in fact deprived of same. Resulting in the death of one of them and the
planting of a gun in the victim’s pocket in attempt to justify unlawful actions.!
!
3. I am not a “sovereign citizen” nor do I share such ideology. !
!
4. I previously did not personally know and have never met LaVoy Finicum, Cliven
Bundy, Ryan Bundy, Ammon Bundy, Shawna Cox, Victoria Sharp, Ryan Payne,
Jon Ritzheimer, Joseph O’Shaughnessy, Brian Cavalier and Peter Santilli. (I was
previously on a Bundy bulk email list).!
!
5. The fact(s) I here set forth are based on my personal knowledge and knowledge
obtained from other individuals, including but not limited to, sixteen (16) people
(names withheld to protect them from retaliation) who assisted me in this
investigation. I did not previously know any of these people outside of our
investigation. We came together spontaneously for the purpose, under the group
name “Grand Jury Action” (previously, aka Action at Law for Grand Jury
Access). !
2
First substantially recognized in the Magna Carta article 61, the Petition for Redress of Grievance was in fact a
guarantee preventing rebellion. A civilized society’s alternative to settling scores, instead of resorting to justice by
violence. Somewhere within the penumbra of the right to Petition for Redress of Grievance- must be access to the
grand jury. For if reserved exclusively to the oligarchy, would disenfranchise a significant segment of citizenry.
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AFFIDAVIT OF STEWART WATERHOUSE
6. We have electronically collected three thousand (3,000) signatures in support of
our request for a Grand Jury Investigation. See attached Exhibit “B”.!
!
7. My personal knowledge, from which I base facts and conclusions herein,
including, but not limited to, the following:!
!
8. I am generally familiar with Oregon’s geo-political history, as I have in the past
lived in Oregon and have three grandparents buried in Eastern Oregon. !
!
9. I viewed live the FBI’s post Finicum shooting Press Conference3 and the OSP
Investigation Press Conference (March 8)4. I viewed the “Complete, Unedited
Video of Joint FBI and OSP Operation 01/26/2016”5 including blowing up
particular frames to view and/or extract information and detail. !
!
10. Likewise I viewed the video6 taken by Shawna Cox from inside the vehicle,
including blowing up particular frames to view and/or extract information and
detail. I further also viewed Shawna Cox’s statement(s)7 made immediately after
the fatal event. I also viewed video and audio statement(s) made by Victoria
Sharp.8!
!
3
by Gregory Bretzing
4
https://youtu.be/iXt8O7LCmao
5
https://youtu.be/aAGxDWKrjPQ
6
https://youtu.be/eEswP_HSFV4
7
Phone audio interview. Later also https://youtu.be/uDednOsEx7w
8
https://youtu.be/eIjNXiHNyi0
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11. I also viewed Ryan Bundy’s cell phone video(s). I further viewed a cell phone
video of a bystander who happened to drive up on the Road Block from the
opposite side.!
!
12. I read 610 pages of released “Emails From Oregon Governor’s Office Re Malheur
Refuge Takeover.”9!
!
13. I read 660 pages of “Tri-County Major Incident Team Released Reports
(Redacted), Officer Involved Shooting January 26, 2016 Robert LaVoy Finicum”10
which included official statements by the OSP shooters and others.!
!
14. I note that the statements made by the OSP shooters were made after they
viewed11 the FBI’s aerial video and Shawna Cox’s video, thus their recollection
may be in part not real memory of the incident, but influenced by their
interpretation of the video(s) (this is a violation of Oregon police policy and best
practice12).!
!
15. I read the official “Finicum Autopsy Report”13.!
!
9
https://www.scribd.com/doc/302031664/3-3-16-Emails-From-Oregon-Governor-s-Office-Re-Malheur-RefugeTakeover
10
https://www.scribd.com/doc/303735818/1-26-16-Robert-Lavoy-Finicum-Tri-County-Major-Incident-Team-ReleasedReports-Redacted
11
Redacted, 3/9/2016 - Page 64
12
Example: “involved officers will not be allowed to review video tapes of, or relating to, the incident prior to making a
formal statement” UO PD (officer Involved Shooting) 310.4(e), and again, “The officer will not be allowed to view video
recordings of, or related to, the incident until after a statement has been made” 310.6(c)4
13
https://www.scribd.com/doc/303515989/Lavoy-Finicum-Autopsy-Report
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16. I researched various scientific papers for the incapacitation time it takes from
when a person is shot until he/she collapses. See attached Exhibit “C” The
Strasbourg Tests14. !
!
17. I read FBI Agent Katherine Armstrong’s Affidavit dated Jan 26, 201615.!
!
18. I spoke over the phone with LaVoy’s widow, Jeanette Finicum.!
!
19. I physically examined the inside pocket of a Levi jacket similar to the one LaVoy
was wearing.!
!
20. I attempted, several times to contact Mark McConnell to ask him if his rights
were violated by the FBI or OSP. Mr. McConnell failed to respond. His failure to
respond is the reason he is not otherwise mentioned by me in this Affidavit or
supporting documents. I did watch Mr. McConnell’s video version of what
happened.!
!
21. I sent questions to over seventy eight (78) FBI personnel in Oregon and/or FBI
HRT (swat) persons, including, but not limited to, the FBI persons involved.
Communications were by email and phone text messaging. See attached Exhibit
“A”, including a way for FBI whistle-blowers to communicate with me
anonymously using anonymous tools16.!
14
The Marshall and Sanow data also support this conclusion.
15
https://www.scribd.com/doc/296892228/Criminal-complaint-against-Ammon-Bundy-and-other-armed-protesters
16
provided by anonymousspeech.com
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22. This affidavit does not include all the information I, or, we (Grand Jury Action,
our committee of 16), have learned in our investigation(s). I have included what I
believe to be sufficient to create a legal presumption as to the facts and
conclusions of this Affidavit, which I believe to be sufficient to establish probable
cause for the Criminal Complaint, and/or referral to a Federal Grand Jury.!
!
!
Unresolved Questions!
!
23. The Tri-County Major Incident Team, Officer Involved Shooting Investigation,
alleges that the FBI tampered with evidence by removing spent rifle cartridges
from the scene and lied to investigators about FBI shooting involvement. We DID
NOT DEAL WITH THIS in our investigation as that is already under
investigation and we wish not to be duplicative. !
!
24. Did the OSP shooter(s) have an alcoholic drink which lowered inhibition (or
other drugs), prior to shooting? We note that the officer (shooter) refused both a
urine and blood test to determine this17.!
!
25. OSP #1 shooter’s statement has been altered18. Who, after the statement was
made, but prior to release, changed the shooter’s statement where he describes
his shooting of LaVoy, and what did the original statement say?!
17
Redacted 3/9/2016 page 8
18
Redacted page 105 paragraph 2 was altered.
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AFFIDAVIT OF STEWART WATERHOUSE
26. Who was in the Command Center, in control of the Stop and Road Block with
Greg Bretzing and Sheriff Dave Ward? Was Billy Williams present? Who gave the
order authorizing shooting, or was it a standing shoot at will order?!
!
27. LaVoy Finicum had a cell phone in his left hand upon exiting his vehicle. Where
is Mr. Finicum’s cell phone video recording? Shawna Cox’s video clearly shows a
cell phone in Mr. Finicum’s left hand. His cell phone was recovered from the
snow next to where he fell19 and died, and its content extracted20.!
!
!
Investigation!
!
28. The Bundy group (Constitutional Activists), occupied the Malheur Refuge
thinking that the Federal Government would have to take Civil Action to evict
them, thus giving their issues national attention. !
!
29. Instead they were viewed as outside agitators coming in trying to tell
Oregonians how to handle their Rancher Problem, [i.e. re the Hammonds].!
!
30. As Georgia Marshall said “not going to let the out-of-towners at the refuge be the
face of area ranchers.”21!
!
19
Redacted 3/9/2016 page 123 “D”
20
Redacted 3/9/2016 page 128
21
Phil Taylor, E&E reporter Jan 13, 2016
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31. Billy Williams in his propaganda message to Harney County residents, called
them “outside individuals.”22!
!
32. Parroting the animosity of Harney county authorities, Governor Kate Brown
referred to the Bundy group as “outsiders seeking to exploit and manipulate a
local matter,”23 and again, “instigated by outsiders with no real connection to
Oregon.”24!
!
33. This quickly changed to distress, when public opinion began to support the
Bundy group, “We are hearing from multiple sources the Harney County
residents’ sentiment is shifting very quickly to a higher degree of sympathy
towards the occupation.”25!
!
34. State Authorities and Counter Reactants now began to pressure the FBI to
prevent The Bundy group from attending community meetings. The tone is
summed up by Richard Ellmyer in an email to Gregory Bretzing “The armed
militants occupying the malheur National Wildlife Refuge announced Tuesday
morning that they will drive into Burns at the end of the week to hold a
community meeting.”26 Ellmyer then demanded that Bretzing arrest Ammon
Bundy the moment they leave the Refuge to prevent their attending community
22
quoted in email: [email protected] to [email protected] Dec 29, 2015
23
letter from Governor Brown to Loretta Lynch and James Comey Jan 15, 2016
24
email: Grainger Kristen to Moawad Heidi Jan 7, 2016
25
email: Jim Desmond fwd by Whitman Richard to Moawad Heidi Jan 14, 2016
26
email: Richard Ellmyer to Bretzing at [email protected] Jan 13, 2016
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meetings. Frustration grew when the FBI did not prevent the Bundy group from
attending the community meetings. Again Ellmyer sets the tone, “The audacious
Ammon Bundy is so confident that Bretzing is afraid to arrest him that he is
planning a town hall meeting to present his exit plan in Burns, Oregon on Friday
January 15th at 7 PM. Bretzing has indicated that he will NOT announce NOR
admit that he has any intention of arresting Ammon Bundy on Friday night.”27
Ellmyer threatens, “We Oregonians endured then overcame the invasion of the
Bhagwan Shree Rajneesh and 2,000 of his worshippers… The scruffy Bundy
bunch of about two dozen rogue, mindless, misguided, Mormon motivated
congregants are not in the same league as the Bhagwan and his army of
followers. We Oregonians shall have the same success dealing with the Mormon
Malheur Marauders as we did with the Rajneeshees.”28!
!
35. To prevent Ammon Bundy from speaking at the Community Meetings, Steve
Grasty moved the scheduled meeting to the Senior Center, a much smaller
capacity, and issued tickets, to prevent the Bundy group from participation. Later
he cancelled the meeting altogether. In doing so Grasty cited “interference from
outsiders,” and stated “I will not give these agitators what they want most,
which is attention.”29!
!
27
email: Ellmyer Report to Moawad Heidi Jan 15, 2016
28
email: from [email protected] to [email protected]
29
January 25 Statement by Judge Steve Grasty (Community Meeting Cancelled)
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36. A Community Meeting was scheduled at John Day in Grant county. Officials and
Conspirators against Rights feared “Grant Co. also has a fair number of folks
who would sympathize with the occupiers.”30!
!
37. They began to fear that the “virus would spread.”31 Anxiety became malaise, and
a conspiracy to deny the Bundy group the Right of Assembly and Speech at these
community meetings began to congeal. Grant County Commissioner Boyd
Britton suggested, “There is a lot of open road traveling between Harney and
Grant Co. Doesn’t it seem like an opportunity for law enforcement to stop the
occupiers on their way and make some arrests?”32 Heidi Moawad replied, “I am
hopeful that any attempts to migrate to other counties will be stopped. I am
hesitant to put too much in email but certainly efforts are being made to prevent
what you reference.”33!
!
38. State authorities knew of the planned Community Meeting and conspired to
prevent the Bundy group from reaching that meeting.!
!
39. At the Malheur Refuge, preparation was made for their trip to the Community
Meeting of January 26 in John Day. Ammon Bundy (who usually did not carry a
gun), his brother Ryan Bundy and LaVoy Finicum decided and agreed it would
be better if they attended the meeting in John Day unarmed. So LaVoy Finicum
30
email: from Brett Brownscombe to Heidi Moawad Jan 15, 2016
31
Jan 25/26 Ron Wyden told James Comey “a situation where the virus was spreading”
32
attributed to Boyd Britton in email from Brett Brownscombe to Heidi Moawad Jan 15, 2016
33
email: Heidi Moawad to Brett Brownscombe Jan 16, 2016
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AFFIDAVIT OF STEWART WATERHOUSE
removed his cowboy holster and revolver and left it behind at the Refuge.
(Apparently, LaVoy did have his other gun(s) stored in his pickup as it was his
truck34). !
!
40. Proof that LaVoy left the gun he carries behind at the Refuge, the next day after
the fatal event, Duane Ehmer,35 riding his horse and carrying a flag, surrendered
to the FBI. Duane did so while wearing LaVoy’s gun. Further, Ammon Bundy in
a cell phone from the back of the police car, called his wife Lisa, and said, LaVoy
Finicum has been murdered, he had his hands in the air and was “unarmed.”
Shawna also says LaVoy did not have a gun, that they attended the meetings
unarmed.36!
!
41. The Sharp family gospel singers, had arrived at the Malheur Refuge; they were
to accompany the Bundy group to John Day to sing at the Community Meeting.
Prior to leaving, the family sang Amazing Grace, this was filmed and LaVoy
uploaded the song to his Twitter account37. This would be the last social media
tweet or post that LaVoy was to ever make.!
!
42. Three vehicles left the Refuge headed to John Day. The first vehicle carried the
Sharp family and was not stopped. A Jeep driven by Mark McConnell (I note
OSP #6 statement says driver “was Mr. Cavaller” and again “Mr. Cavalier, the
34
https://youtu.be/uDednOsEx7w at 16:28
35
https://youtu.be/QXD57PvEcbA at 1:21
36
https://youtu.be/uDednOsEx7w at 16:08
37
https://twitter.com/OneCowboysStand/status/692072357788123136
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driver,” apparently witness testimony can be fallible). Passengers in the jeep
were Ammon Bundy (OSP #6 statement was that Ammon “was unarmed”38) and
Brian Cavalier aka “Booda”.!
!
43. OSP #8 pulled the Jeep over. OSP #6 identified themselves to the Jeep as
“Oregon State Police.”39 No identification of FBI involvement was made. Thus
Color of State Law attaches. The actions of both OSP and FBI are now pursuant
to Color of State Law of the state of Oregon. The passengers of the Jeep are now
taken into custody, without probable cause for the Stop, and without an arrest
warrant (in violation of the 4th Amendment). Thus the 1st Amendment Rights of
the Jeep passengers, Ammon Bundy and Brian Cavalier, to Assembly and Free
Speech were violated as they were prevented from attending the Community
Meeting in John Day.!
!
44. Gregory Bretzing, David Ward and others controlled the operation. A Command
Post located at the Lincoln Junior High building40 in Burns was used. It is my
allegation that Billy Williams gave council regarding the proposed operation.
The FBI took video from the air. The FBI and OSP participants then went in
disguise on the highway with intent, at least in part, to prevent the Bundy group
from reaching the Community Meeting in John Day, a conspiracy to violate their
1st Amendment Right to Assembly and Free Speech. !
!
38
Redacted 3/9/2016 page 253
39
Redacted 3/9/2016 page 253
40
Redacted 3/9/2016 page 360
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45. Both the FBI and OSP, for disguise41, used unmarked vehicles. Both the FBI and
OSP disguised their persons, by wearing civilian clothing. As an OSP statement
says “we were in unmarked vehicles and we wanted to keep our identity as
discreet as possible”42 “For that purpose, we used unmarked vehicles and wore
civilian clothing.”43 OSP #1 (shooter)’s statement, “I had on a, you know, a
nondescript black jacket that I could wear over the clearly police marked ballistic
vest”44 “So we were trying to operate covertly.”45 OSP #2 (shooter) wore blue
jeans and a black long sleeve pull over sweatshirt.!
!
46. In the Finicum truck, a white 2015 Dodge Ram pickup, was LaVoy Finicum the
driver. Passengers were, Ryan Payne in the front passenger seat, in the rear was
Ryan Bundy seated behind LaVoy, rear middle was Victoria Sharp, 17 or 18 years
old, her head leaning on Ryan’s shoulder (the same shoulder where Ryan was
later shot when OSP #1 recklessly fired at the vehicle as it approached the Road
Block); in the passenger side rear was Shawna Cox who took video using her
camera.!
!
47. Again, the date and location of the Stop and Road Block was selected at least in
part, by law enforcement, to prevent LaVoy and his passengers from reaching the
Community Meeting in John Day. !
41
an element of 18 USC §241
42
Redacted 3/9/2016 page 47
43
Redacted 3/9/2016 page 47
44
Redacted 3/9/2016 page 99
45
Redacted 3/9/2016 page 99
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AFFIDAVIT OF STEWART WATERHOUSE
48. At the First Stop, the Finicum’ vehicle was also pulled over by OSP #4, again
without probable cause nor arrest warrant in violation of the 4th Amendment.
Again OSP and FBI were using unmarked vehicles; to disguise themselves,
officers wore civilian clothing. As verified by both OSP statements and Shawna’s
video, LaVoy Finicum asks “Who are you?”46 OSP #4 responds “We are the
Oregon State Police.”47 No identification of FBI involvement was made.
Consequently at this point Color of State Law attaches. From this point on both
OSP and FBI are operating under the Color of State Law of the state of Oregon.!
!
49. While the Finicum Vehicle was first stopped, Ryan Payne puts his hands up out
the window. According to Shawna Cox’s statement someone fired a lethal
bullet48 at his hands, missing, striking the Finicum vehicle’s side mirror post,
later investigators did recover a bullet fragment from the side mirror post49. This
is also confirmed by Victoria Sharp.50!
!
50. Ryan Payne then gets half out of the Finicum vehicle to surrender when OSP #5
fires a 40 mil less lethal round striking Payne in the arm. The other occupants of
the Finicum vehicle, believed this was a real bullet. Payne is taken into custody.!
!
46
https://youtu.be/eEswP_HSFV4 at 0:56
47
Redacted 3/9/2016 page 39
48
https://youtu.be/uDednOsEx7w at 7:32
49
https://youtu.be/uDednOsEx7w at 7:15
50
https://youtu.be/eIjNXiHNyi0 at 1:14 & 8:36
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51. LaVoy Finicum, having informed OSP #4 that he was going to see the sheriff in
John Day and that they were welcome to follow him51, fearing for his life and
safety of passengers, drove off.!
!
52. Posted speed limit was 55 mph. LaVoy’s vehicle speed was between 50 and 60
miles per hour.52 !
!
53. Ryan Bundy, worried for his brother Ammon, turns sideways in his seat with his
right shoulder facing forward, as he was trying to look back to see if the Jeep,
with his brother, was following them. Ryan has a cell phone in his hand, this can
be seen in Shawna’s video, from the first stop and at the Road Block, Ryan held
the cell phone until OSP instructed him to drop it in the snow when he was
taken into custody.!
!
54. The Road Bock was set up in Harney county, on Hwy 395 near milepost 50, on a
double yellow line blind curve with two unmarked FBI vehicles in front, only
one of which had head lights on. And a personal vehicle belonging to OSP #1 in
the rear, head lights off. There were NO forward facing familiar red and blue
flashing lights on any of the vehicles. (However, the camper shell of OSP #1 side
marker lights were flashing, as was one in rear window of one of the truck, this
is only visible to anyone approaching from behind the Road Block). NO flashing
blue or red lights on top of the vehicle or front grill, to indicate that it was a
51
https://youtu.be/eEswP_HSFV4 at 1:02
52
Redacted 3/9/2016 page 40
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AFFIDAVIT OF STEWART WATERHOUSE
police Road Block, were visible to the Finicum truck as it approached. The time
was approximately 16:30, sundown would be at 16:5953. !
!
55. Behind the Road Block the highway was straight and would have afforded good
visibility had the Road Block been set further back. !
!
56. A step ladder was placed in the middle of the road between the FBI vehicles
affording an elevated position for the FBI sniper.!
!
57. Thus a Felony Road Block54, otherwise known as a Dead Man’s Road Block55,
was set up with limited sight56 distance and no escape path (in violation of
Oregon police policy and best practice), to precipitate57 a scenario that would
justify opening fire on an approaching vehicle58. Nevertheless, it is a legal
maxim, that one can not create a situation and then profit from it. When LaVoy
first became aware of the Road Block, he applied his brakes and never let up on
the brakes until crashing into the snow bank. His brake lights are clearly shown
to have been continually applied in the FBI video. !
!
53
The sun by now obscured by forest trees making the Road Block less visible.
54
This “felony” road block was unjustified as Bundy group posed no immediate threat of death or serious physical
injury to anybody.
55
Road Blocks are considered use of Deadly Force.
56
Prohibited see Portland Police Manual 630.05 (5.1.4.1.)
57
1010.00 (3.2.)
58
1010.00 (4.2.4.)
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58. From the First Stop to the Road Block OSP/FBI pursued the Finicum vehicle.
This constituted a “seizure”59 in violation of their 4th Amendment rights.!
!
59. OSP #1 had also taken up shooting position. When Fincum’s truck first appeared
rounding the corner, OSP #1 fired “multiple rounds from an AR-15 rifle”
recklessly “aiming towards the - - what would be the driver area”60 and at the
motor.!
!
60. One of the bullets fired by OSP #1 entered Finicum’s truck and struck Ryan
Bundy in the upper arm shoulder61. Due to adrenaline surge, Ryan did not at
first feel or realize when or that he had been shot. (A bullet strike is fast and can
locally disrupt nerve endings preventing subject from initially realizing he has
been shot). (However, while all the evidence points to OSP #1 as having fired the
shot that struck Ryan Bundy, it is possible that he was shot some time later after
LaVoy was fallen, when the truck needlessly came under heavy fire).!
!
61. It can be debated whether shooting at the motor to disable the vehicle is justified,
(I dissent). However, to shoot at the driver of a moving vehicle, must be
considered reckless endangerment, because if he had hit LaVoy the vehicle could
have gone out of control killing both passengers and officers at the Road Block.!
!
62. To avoid a crash, LaVoy swerved off the road and into a snow bank. !
59
Brower v. County of Inyo 109 S.Ct 1378 (March 21, 1989)
60
Redacted 3/9/2016 page 86
61
Redacted 3/9/2016 page 453
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63. It is believed by the passengers that, to draw fire away from the truck and thus
save his passengers, LaVoy quickly exited his truck with his hands in the air (a
cell phone in his left hand). Saying, “shoot me.” !
!
64. In Shawna Cox’s video, there are several frames of a clear good view of LaVoy’s
Levi brand jacket showing the left side area where according to the FBI a gun
was found in the inside pocket. I note that the jacket does not show any
deformation. Neither a weight pulling it down as would be expected from a gun,
nor any bulge. From this perspective the pocket appears to be empty. Wrinkles
shown match wrinkles also shown in a much earlier picture of LaVoy wearing
the same jacket, thus the wrinkles are also accounted for and discounted. !
!
65. Immediately, at the same time that Lavoy was exiting the vehicle, while LaVoy’s
hands were raised, FBI sniper(s) (John Doe) from an elevated position, fired two
unjustified shots. One of the FBI’s shots entered through the roof of the Finicum
vehicle, missed both Victoria and Ryan’s head, by less then a few inches, and
struck the rear passenger window shattering it. The intended trajectory path
suggests it was aimed at Lavoy. !
!
66. The other FBI unjustified shot, struck LaVoy in the upper back, traveling in a
slight downward path62 and exited LaVoy’s chest, near his left nipple. The bullet,
while striking the upper lobe of the left lung, did not hit the spinal cord nor
head. Time to incapacitation from this shot was about 12 seconds, which is
62
Finicum Autopsy Report page 1 at ii.B
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AFFIDAVIT OF STEWART WATERHOUSE
within the expected time to incapacitation range. (Contrary to what some may
believe, incapacitation is not instant, unless the spinal cord or head is struck, as
shown by scientific tests. See exhibit “C” The Strasbourg Tests). At the time of the
FBI firing these shots, there was no motion by LaVoy toward his pocket, his
hands were up! !
!
67. (There is some evidence63 the FBI sniper actually fired the shot striking LaVoy,
just before LaVoy lowered his hands the first time. 7 seconds prior to
incapacitation. However, the audio of Shawna’s video does not support this
conclusion.) !
!
68. LaVoy is shown in the FBI aerial video stumbling and turning as he moves away
from the truck with his hands up.!
!
69. OSP #2 (shooter), having pursued LaVoy from first Stop to the Road Block,
arrives and takes position to engage LaVoy. !
!
70. OSP #1 also moves from the road into the snow to engage LaVoy and makes eye
contact.!
!
71. LaVoy turns away from OSP #1 and lowers his hand the first time. Possibly an
instinctive movement to grasp where the bullet had exited as he may now begin
to feel some numbness in the area. !
63
This is when Shawna believes he was shot https://youtu.be/uDednOsEx7w at 40:05
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AFFIDAVIT OF STEWART WATERHOUSE
72. Two seconds more later, LaVoy attempts to keep his left hand up, while still
being compelled to grasp his left chest area with his right hand. This is the
second time his right hand lowers and reaches to his left. Despite LaVoy’s
reaching for his left side, he has not assumed any shooter position.!
!
73. LaVoy is now facing OSP #3 who is aiming a taser at LaVoy. A third time LaVoy,
attempts to clutch his left side with his right hand. I note only OSP #3 was in a
position to observe or see why LaVoy was lowering his right hand, but OSP #3
does not make a released official statement. OSP #3 may have fired his taser.!
!
74. Both OSP #2 and OSP #1, without seeing why LaVoy was reaching with his right
hand, and without seeing any gun. Fired and shot LaVoy in the back at about the
same time. !
!
75. OSP #2 from a lower position, relative to LaVoy, using an AR-10 rifle with
Leupold scope, fired, striking LaVoy in the lower right back, bullet path traveling
in an upward64 wound path damaging the kidney, liver, lung, heart and exiting
LaVoy’s chest near his left nipple. !
!
76. OSP #1 from a position approximately at same level, shot LaVoy from behind, in
the left shoulder area. Bullet path was horizontal65 and probably of itself not
fatal.!
64
Finicum Autopsy Report page 1 at iii.B
65
Finicum Autopsy Report page 6
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AFFIDAVIT OF STEWART WATERHOUSE
77. OSP #1’s second shot (a rapid double tap) evidently missed.!
!
78. LaVoy collapses and falls to the ground. !
!
79. After LaVoy is down hard, the Finicum truck, with the passengers still inside,
having made no threats nor aggressive gestures, nor given any cause to be shot
at, comes under heavy fire, recklessly and unnecessary, endangering them, in
violation of police procedure. !
!
80. OSP #5 fires a less lethal 40mm round breaking the truck passenger window.!
!
81. OSP #7 fires 6 times, shooting less lethal 40mm rounds into the Finicum truck.!
!
82. This shock attack is a tactic designed to prevent the passengers from being able
to think. It is not to induce passengers to exit, as one can not exit while under
fire. This aggressive tactic was unwarranted, because the passengers never
displayed weapons, nor did they make any threats.!
!
83. At this time civilian vehicles had arrived from the north of the Road Block and
began to film the action with their cell phone. !
!
84. The arrival of outside witnesses contributed to saving the lives of the passengers,
as OSP and FBI realized that their actions were now being observed.!
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85. The passengers were now allowed to exit the Finicum truck and were taken into
custody, without Probable Cause and without an Arrest Warrant in violation of
the 4th Amendment.!
!
86. Thus LaVoy Finicum, Ryan Bundy, Shawna Cox and Victoria Sharp were
prevented from attending their planned Community Meeting in John Day in
violation of their First Amendment Right to Assembly and Free Speech.!
!
87. LaVoy is rolled onto his right side. Hand Cuffs are placed on LaVoy, his hands
drawn behind his back. !
!
88. The Finicum truck is now searched (without a warrant) and photographed.
LaVoy’s gun(s), that had been stored in his truck, are found. They place a Taurus
revolver on the rear floor board (where Ryan had sat), and took a photo. This
photo is misleading, as it makes it appear, contrary to fact, that Ryan Bundy had
been in possession of the revolver. !
!
89. LaVoy’s 9mm handgun is found. An unknown (John Doe) person retrieved the
gun from the Finicum truck, walked over to where LaVoy was laying on his right
side in the snow, from behind LaVoy, bent over or knelt down, pulled LaVoy’s
Levi left side of his jacket up, exposing the inside pocket, and placed the gun into
LaVoy’s pocket, thus planting false evidence on him.!
!
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90. A photo of the gun in LaVoy’s pocket is taken. I describe the released photo
thus: At first the photo is somewhat hard to perceptually orientate, due to the
jacket being somewhat folded just above the pocket, caused by someone holding
the jacket open to expose the gun in pocket. Camera angle is somewhere near
LaVoy’s face or chest looking down the body. His left jacket flap is held open by
someone grasping the left bottom jacket corner, the hand or wrist of the person
holding the jacket open can be seen. In top right corner can be seen LaVoy’s
Wrangler blue jeans with brown belt. Bottom right corner is snow on the ground.
Bottom left corner is LaVoy’s black or dark colored shirt with red stripes and
narrow white stripes (the red stripe is outlined in yellow or gold boarder to the
stripe). LaVoy’s white/beige sweater can also be seen. The photo is of the Levi
inside pocket showing 9mm handgun in pocket.!
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91. Orientation of the gun in pocket: Gun is upside down, top of gun horizontal to
bottom of jacket, barrel pointing to the rear. Butt end pointing up to pocket
opening. !
!
92. It is implausible and unnatural for a person to be able to place a gun in one’s
own pocket in this position! An expected position would be barrel down and
butt end facing the jacket button hole edge. Or, gun in a triangle position barrel
slanted toward back with hammer up and butt toward top/button hole edge.!
!
93. However, the position pictured is natural and expected, if a 2nd party (John Doe)
standing or kneeling on ground, from behind LaVoy were to pull open the left
side of jacket, and place the gun in LaVoy’s pocket. Assuming the 2nd party
would be holding the gun in a normal manner.!
!
94. For LaVoy to have placed the gun in his own pocket, in the position pictured, he
would have had to hold the gun in an unnatural manner, like this:!
95. When LaVoy wore this gun in a shoulder holster (left side), it was in a position as
would be naturally expected. Not as was supposedly found in his pocket. !
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96. The only possible conclusion then, is that some unknown person planted the
gun on LaVoy after the fact.!
!
97. Each county in Oregon was required66 to form a Police Officer Deadly Physical
Force Plan for officer involved shootings. Malheur County’s plan states “The
District attorney shall submit all police officer use of deadly force cases to the
grand jury to resolve issues of potential criminal responsibility.”67 However, to
avoid Grand Jury review, the investigation of the shooting of LaVoy, was moved
to Deschutes County where grand jury review is not mandatory.!
!
98. The next day, January 27, 2016, FBI special agent Katherine Armstrong filed a
Criminal Complaint and Affidavit against those who had been taken into
custody, alleging Conspiracy on the part of the Bundy group. The motive for the
timing of her filing has to be, in part to justify the wrongful actions taken at the
Road Block.
66
ORS 181.786
67
Malheur County Police Officer Deadly Physical Force Plan, paragraph 6
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SUMMARY!
!
99. I conclude and allege, based on the above sworn information, that OSP #1, OSP
#2, OSP #3, OSP #4, OSP #5, OSP #6, OSP #7, OSP #8 and FBI John Doe(s), did
willfully conspire against the right of LaVoy Finicum, Ryan Bundy, Ammon
Bundy, Ryan Payne, Bryan Cavalier, Shawna Cox and Victoria Sharp, to
Assemble and Speech, at a Community Meeting in John Day, where they had
been invited to speak, in violation of 18 USC §241. And did willfully Deprive
each of this right, under the Color of Law of the state of Oregon, in violation of
18 USC §242. !
!
100.I conclude and allege, based on the above sworn information, that Gregory
Bretzing, David Ward, Billy Williams, Heidi Moawad, Boyd Britton, Richard
Ellmyer, Steve Grasty, OSP John Doe(s) and FBI John Doe(s), also willfully
violated §241/§242 or in the alternative, did violate 18 USC §2, as principal(s), or,
Aiding and Abetting, to the above described conspiracy.!
!
101.I conclude and allege, based on the above sworn information, that Katherine
Armstrong and OSP John Doe (who changed shooter OSP #1’s statement), as
Accessory After the Fact in violation of 18 USC §3.!
!
102.These violations by law enforcement and others in a Conspirators against Rights
also resulted in the death of LaVoy Finicum by the state of Oregon in
participation in murder, accomplished by and through its officers with the
page 26 of 28
AFFIDAVIT OF STEWART WATERHOUSE
participation of others, without the semblance of due process of law as required
by the Fourteenth Amendment. !
!
103.Once the Conspirators against Rights, identified themselves as “Oregon State
Police,” and made no other identification, then Color of State Law of the state of
Oregon, attaches, not only to the wrongful actions of Oregon Officials, but also to
the wrongful actions of both Private and Federal Individuals who jointly
engaged with Oregon Officials in the prohibited actions. Consequently, all the
Conspirators against Rights, did conspire against the Bundy group, to the
deprivation of right, privilege and immunity, secured and protected by the
Fourteenth Amendment to the Constitution of the United States, not to be
summarily punished and killed, without due process of law by persons acting
under Color of the Laws of the State of Oregon.!
!
104.And in furtherance thereof, in attempt to justify their prohibited actions,
including murder and deprivation of Rights, they planted LaVoy’s gun in his
pocket.!
!
105.Therefore, I respectfully request and urge, the Magistrate Judge in and for the
United States District of Oregon to impanel a Special Grand Jury and to forward
my Criminal Complaint and this Affidavit to same. Or in the alternative, to refer
this matter to any sitting Grand Jury.
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AFFIDAVIT OF STEWART WATERHOUSE
!
!
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!
!
by _____________________! !
Stewart D. Waterhouse!
Date: __________!
Subscribed and sworn hereto:
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