94 Points of Interest in Deschutes County Sheriff Incident Report Detailing Oregon Standoff Operation Resulting in Death of Lavoy Finnicum

Challenging the Rhetoric – by Cheri Roberts

Investigating the shooting of LaVoy Finicum and the arrests of several others, the Deschutes County Sheriffs have made public a 360-page incident report which includes statements from the Oregon State Police (OSP) officers involved as well as multiple pieces of evidence in the case, including the autopsy report.

The Deschutes’ report also speaks of procedures before, during and after the felony traffic stop. In a FBI press conference this week, video footage from defendant Shawna Cox was provided to the public.  

Below, I have compiled 94 bullet-points of interest that I believe are the most relevant and noteworthy from the 360 page document (I will soon follow this article soon with another to include my own commentary analysis).

1. PG 20: Payne’s arm injury was due to a ‘less lethal sponge tipped round’ when he appeared to be returning to Dodge interior.
2. PG 28: At the time, OSP Officers believed an agent was hit by Finicum’s Dodge truck at roadblock.
3.  PG 45: A deceased Finicum was handcuffed after securing the scene as per protocol. 
4. PG 76: The Friday before a plan was being put in place for a similar felony traffic stop in Grant County.
5. PG 77: The operation was approved at the highest level of FBI.
6. PG 79: Officials believed they were being monitored by militia the morning of operation briefing before arrests.
7. PG 80: An FBI medic and canine unit were part of the contingency.
8. PG 81: The surveillance aircraft belonged to FBI.
9. PG 83: OSP almost moved roadblock closer to initial stop at the last minute, but decided to maintain their position.
10. PG 84: OSP was going to deploy gas into vehicle at 1st stop, but the Finicum took off before they could.
11. PG 87: A second OSP officer states he/she believed an officer/agent had been hit by Finicum vehicle and possibly still trapped beneath it.
12. PG 89: OSP & FBI DID give verbal commands to Finicum when he was outside of vehicle before being shot.
13. PG 89: Officer claims he believes Fincum is still alive after falling to ground
14. PG 92: Civilian drivers approached from the North (John Day side) and refused commands to go back. Inched forward and stayed.
15. PG 96: Another mention of the  previous similar plan the Fri before that was shelved by FBI.
16. PG 99: Authorities knew in advance both cellphone and police radio reception would be poor along route.
17. PG 102: OSP fired weapon into drivers side and engine as he/she believed Finicum truck was going to slam into roadblock and kill them. This officer is a crash scene specialist. he did not believe there was anyway Finicum could stop at that speed at that point.
18. PG 108: Officer #3 ‘almost immediately’ called for ambulance for Finicum. This is while other 3 were still in vehicle refusing surrender.
19. PG 110: Finnicum made eye contact with his shooter.
20. PG 111: OSP & FBI knew Grant County Sheriff was NOT friendly to them.
21. PG 137: NO bullet fragments were found in Finicum’s vehicle.
22. PG 152: Officer #4 sounds paranoid of Feds; calls them ‘mysterious’.
23. PG 153: Officer #4 says location WAS chosen in part because lousy cell signal so they could not call armed supporters for help.
24. PG 154: Officer #4 says a ‘rancher’ was supposed to leave in ‘maroon suv’ 10-mins ahead or behind Finicum & A. Bundy.
25. PG 156: Officer #4 says R. Bundy appears to immediately began filming outside vehicle window with his cell phone at first stop  before R. Payne exits.
26. PG 157: Payne DID have a pistol on his hip at the time of his arrest.
27. PG 160: Officer #4 says Finicum hesitated then accelerated when he approached roadblock.
28. PG 162: Officer #4 says a couple FBI agents moved up into tress the AFTER Finicum was shot while other 3 were refusing to exit vehicle.
29. PG 163: Officer #4 believes R. Bundy was videotaping as he exited vehicle and came toward them before dropping phone into snow.
30. PG 163: Officer #4 talks of TWO civilian vehicles encountering the scene and refusing to retreat.
31. PG 171: Officer #4 says he/she knew what clothes Finicum would be wearing ahead of the stop (Finicum traveled to Burns with one set of clothes).
32. PG 173: R. Bundy went to hospital by ambulance from scene for arm wound.
33. PG 174: OSP & FBI said they had word people/supporters in John Day got word of incident and were arming up and coming to scene.
34. PG 174: Officer #4 said FBI stayed on scene as security for OSP.
35. PG 182: Officer #4 says laser use on guns are a personal preference; some have them and some don’t.
36. PG 182-183: A lot of questions about which agent or officer may have had an AR-10.
37. PG 192: Officer #7 says grey pickup truck was provided by FBI to OSP.
38. PG 193: Officer #7 says 4 ‘take-down’ vehicles were assigned for actual felony traffic stop.
39. PG 196: A lot of  redaction on Officer #7’s statement.
40. PG 199: Officer #7 says  3rd person (Bryan ‘Booda’ Cavalier) was  exiting Jeep and being taken in custody when Finicum sped away.
41. PG 205: OSP broke out several windows of Finicum’s Dodge truck AFTER the passengers were arrested in order to see inside.
42. PG 207: Officer #7 says if was Officer #2 that had an AR-10.
43. PG211: Officer #7 says the driver of Jeep (Mark McConnell) was armed.
44. PG 218: “Tarpman” term mentioned by Officer #5.
45. PG 220: OSP & FBI had light body armor TAPED to inside of the green van for protection.
46. PG 223: Officer #5 shot one round of OC prompting Payne to surrender while announcing to officers he had a gun on his hip.
47. PG 224: FBI agent and Payne left alone on side of HWY when Finicum took off and authorities had to pursue him.
48. PG 224: K-9 unite rode in green van.
49. PG 226: Officer #5 arrives on scene and hears FBI say “he’s shooting, he’s shooting” believing reference to Finicum.
50. PG 229: Officer #5 did not realize Finicum had been shot when arriving and instead thought he was laying there complying with commands.
51. PG 234: Officer #5 said saw 2 brass casings in front of roadblock vehicles.
52. PG 236: Officer #5 said R. Bundy made several antagonistic comments specifically to FBI including suggesting they read his pocket constitution asking what country he/they were in.
53. PG 245: Officer #6 said they had considered doing the felony traffic stop IN town of Burns.
54. PG 248: Curious redaction on Officer #6 statement regarding possible 3rd vehicle joining A. Bundy & Finicum.
55. PG 249: Officer #6 said OSP told by FBI there was “probable cause” for arrest of main players.
56. PG 252: Cell coverage OK at snow park staging area and where Jeep was stopped.
57. PG 253: Officer #6 said Jeep’s driver (Mark McConnell) exited vehicle with a 9mm Sig 226 NAVY on his hip and had an extra clip at time if arrest.
58. PG 253: Officer #6 said A. Bundy was VERY cooperative during arrest and was unarmed.
59. PG 254: Officer #6 says where Finicum first stopped caused bad cross-fire issues for OSP & FBI at both A. Bundy and Finicum stop locations.
60. PG 255: Officer #6 said A. Bundy was compliant to point of ‘being friendly” during his arrest.
61. PG 259-260: Officer #6 again states cell service is OK at Ammon stop but not where Finicum landed at roadblock.
62. PG 261: Officer #6 confirms OSP & FBI feared for their lives and safety worried supporters would try to come armed to take back the arrestees or become violent.
63. PG 263: Officer #6 said FBI medics started an IV drip on Finicum.
64. PG 267 Officer #6 said he/she could tell ‘by his face” that A. Bundy wanted to comply with the arrest.
65. PG 269: Officer #6 said ‘it doesn’t get scary til it’s done’ referencing mind-set at time of incident.
66. PG 270: Officer #6 says Cox had trouble getting over the snowbank at surrender.
67. PG 271: Interrogator confirm ALL occupants were able to navigate snowbank without dropping their hands to their sides.
68. PG 273: Officer #6 is impressed by FBI’s work.
69. PG 272: Officer #6’s words speak for themselves in screenshot
70. PG 273: Officer #6 says OSP were told they may be there for weeks.  All had personal luggage.
71. PG 276 Officer #8’s accounting of Jeep driver…all seemed confused as to Mark McConnell’s name and wrongly reference him as ‘Cavalier’.
72. PG 281: Officer #8 said they were trying to get marked car help from John Day at the roadblock.
73. PG 281: Officer #8 said Finicum saw and pointed at him when Finicum drove past staging area.
74. PG 282: Officer #8 said Finicum initially slowed down when they pulled behind his and A. Bundy’s vehicle before continuing on.
75. PG 283: Officer #8 said Cavalier/Booda complained of a ongoing torn rotator cuff while being cuffed at arrest.
76. PG 286: R. Bundy received a very minor injury due to shrap metal in his shoulder.
77. PG 288: Officer #8 said he/she left Finicum shooting scene after all 3 passengers were arrested and when he/she got back to A. Bundy scene the media was already there.
78. PG 290: Officer #8  said the term ‘down hard’ meant no longer a threat.
79. PG 292: Officer #8 said someone who takes off does not want to comply.
80. PG 292: Officer #8 said they were not going to get on their radios to tell a story when the threat is still active.
81. PG 294: Officer #8 said they were told in advance to prep for cold weather.
82. PG 294: Officer #8 said they were also briefed on the 2014 armed standoff in Bunkerville, Nevada at the Bundy Ranch.
83. PG 300: OSP forensics downloaded Finicum’s vehicle’s on-board computer on 01/30. Nothing expected. Still analyzing.
84. PG 304: There were 132 photos taken of the Finicum autopsy.
85. PG 305: There were 142 photos taken of Finicum’s clothing and personal affects.
86. PG 306: medics HAD put med adhesive patch on Finicum’s RIGHT lower ab (there was an exit wound there).
87. PG 307: On FEB 2 a detective with Deschutes County Sheriffs requested Finicum autopsy results via FAX.
88. PG 310: On FEB 8 Deschutes County Sheriffs ordered Finicum’s 9mm Rutger SR9 to be test fired at forensic crime lab.
89. PG 315-318: Are FULLY redacted.
90. PG 323: Finicum’s vehicle stopped 100 yards North of Joaquin Mile Horse Camp.
91. PG 323: Finicum’s rear axle became frozen/embedded in the snow back turning to ice by time of removal.
92. PG 323: Finicum’s truck was still running and IN gear (but stuck in snow) when Finicum exited vehicle.
93. PG 327: Finicum’s truck was SO frozen in snowbank it lifted the front end of the tow truck at removal.
94. PG 349: In crime scene images if is seen that they covered Finicum’s truck in a blue tarp for transport.

Challenging the Rhetoric