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Profile: Livingstone Fagan
Livingstone Fagan was a participant or observer in the following events:
Branch Davidian Livingstone Fagan leaves the besieged compound (see 5:00 A.M. - 9:30 A.M. February 28, 1993 and March 1, 1993). He is the last Davidian to leave before the final conflagration (see April 19, 1993). The FBI apparently believes that its “stress escalation measures” (see March 21, 1993 and March 22, 1993) are driving the Davidians out of the compound. That evening, the FBI shines floodlights into the compound and, over the loudspeakers, begins playing tapes of previous negotiations and messages from Davidians who have left the compound (see March 22, 1993). In the hours after midnight, agents begin playing exceedingly loud music (see March 21, 1993) and taped sound effects (including the sounds of rabbits being slaughtered), angering some of the Davidians inside the compound. Assistant US Attorney William Johnston of Waco writes a letter to Attorney General Janet Reno, complaining about the methods the FBI is employing to resolve the siege. [Moore, 1995; Dean M. Kelley, 5/1995; PBS Frontline, 10/1995]
A federal grand jury returns a 10-count indictment, charging 12 Branch Davidians with murder, firearms violations, and conspiracy to kill federal agents. The indictments come as a result of the April 1993 assault on the Davidian compound near Waco, Texas, that resulted in nearly 80 Davidians dying of fire, smoke inhalation, and gunshot wounds (see April 19, 1993), and the February 1993 raid on the compound by the Bureau of Alcohol, Tobacco and Firearms (BATF) that left four BATF agents and six Davidians dead (see 5:00 A.M. - 9:30 A.M. February 28, 1993). Most of the Davidians charged left the compound at some time during the 51-day standoff between the Davidians and federal authorities; two of them, Rita Riddle and Renos Avraam, survived the assault itself. The defendants echo claims by their slain leader, David Koresh, that BATF agents fired the first shots and the Davidians were only protecting their home; journalists and federal agents say that the Davidians ambushed the agents as they attempted to surround and enter the compound to arrest Koresh. The defendants also insist that the FBI caused the fires that gutted the compound during the April assault, while FBI officials say the Davidians themselves set the fires. The indictment says that Koresh “gave instructions to spread flammable fuel within the Mount Carmel compound” after the FBI began its assault, with a CS gas barrage. “It was part of the conspiracy that an unidentified co-conspirator would and did give instructions at about noon on April 19, 1993, to start the fires.” Other Davidians facing charges aside from Riddle and Avraam include: Brad Eugene Branch, Kevin A. Whitecliff, Paul Gordon Fatta, Livingstone Fagan, Norman Washington Allison, Graeme Leonard Craddock, Clive J. Doyle, Woodrow Kendrick, Jaime Castillo, and Kathryn Schroeder. [US District Court for the Western District of Texas, 8/1993; Dallas Morning News, 8/7/1993] The trial takes place six months later (see January-February 1994).
Entity Tags: Jaime Castillo, David Koresh, Clive J. Doyle, Branch Davidians, Brad Eugene Branch, Graeme Leonard Craddock, Woodrow Kendrick, Renos Avraam, Rita Riddle, Livingstone Fagan, Kevin A. Whitecliff, Kathryn Schroeder, Norman Washington Allison, Paul Gordon Fatta, Federal Bureau of Investigation, US Bureau of Alcohol, Tobacco, Firearms and Explosives
Timeline Tags: 1993 Branch Davidian Crisis
Ten men and one woman, survivors of the Branch Davidian debacle near Waco (see March 1, 1993 and April 19, 1993), are tried for an array of crimes allegedly committed during the initial federal assault on the Mt. Carmel compound (see 5:00 A.M. - 9:30 A.M. February 28, 1993) and the ensuing siege (see August 7, 1993). (Fourteen other survivors face no charges.) All 11 are charged with conspiring to kill federal agents “with malice aforethought,” and for aiding and abetting such killing. A twelfth defendant, Kathryn Schroeder, pleads guilty to a lesser charge and testifies for the government. Some of the defendants also face charges such as using or carrying firearms in the commission of a violent crime. Ten lawyers represent the defendants. The trial takes place in San Antonio and lasts for seven weeks. Trial testimony casts doubt on the government’s tale of a vicious, unprovoked attack on the agents of the Bureau of Alcohol, Tobacco and Firearms (BATF) who raided the compiund, and the cool, entirely professional response of the BATF and FBI. [Dean M. Kelley, 5/1995; Houston Chronicle, 4/21/1997] The defendants accuse the FBI of persecuting them for their unorthodox religious beliefs and for not respecting their constitutional right to bear arms. [Conway and Siegelman, 1995, pp. 244]
Bullet Holes in Door - Attorney Jack Zimmerman, who represented Davidian Steve Schneider and who met with Schneider during the siege, testifies that he saw the double front door of the compound riddled with bullet holes on the outside, presumably from shots fired by the BATF during its February raid. The door was not recovered from the compound after fire destroyed much of it, even though it was made of steel and presumably would not have vaporized in the flames. Texas Ranger Fred Cummings, who testifies about the details of the Rangers’ search for evidence after the fire, cannot explain what happened to the door, though he does acknowledge that FBI and BATF agents had access to the area between the time that the fire subsided and the time the Rangers took over. Presumably, the defense is trying to give the idea that either FBI or BATF agents absconded with the door in order to conceal evidence. Zimmerman also testifies that he saw eight or nine bullet holes in the roof that “caused the building material to be pooched in or down” showing that “the rounds came from above the ceiling down into the room.” Evidence that would confirm or disprove this claim was destroyed in the fire. BATF agent Roger Ballesteros, the agent assigned to lead the assault on the compound through the front door, testifies that he emerged from the cattle trailer carrying the assembled agents and charged for the front door, in full SWAT gear and carrying a shotgun across his chest. Balesteros testifies that Davidian leader David Koresh opened the door and asked, “What’s going on?” (Koresh and the Davidians were aware that an assault by federal agents was underway.) Balesteros testifies that he shouted: “Police! Lay down! Search warrant!” though he admits not mentioning these statements when he discussed the raid with Texas Rangers afterwards. He says bullets, fired from inside the compound by the Davidians, began spraying through the door moments later, and one struck him in the thumb. Asked how he knows that, he says that he saw holes in the door and splinters of wood pointing outward. The door, as established earlier, was steel and not wood.
Davidians Had Guns for Business Purposes, Gun Dealers Say - Testimony from gun dealers shows that the Davidians were acting as gun dealers themselves, buying and selling weapons for profit at gun shows. The prosecution introduces into evidence dozens of guns found in the ashes of Mt. Carmel that had been illegally converted into fully automatic weapons (see May 26, 1993); some of these weapons are proven by their serial numbers to have been sold to the Davidians by the testifying gun dealers. Photographs of engine lathes, a hydraulic press, and a milling machine show that the Davidians had the equipment to modify legal firearms to make them into illegal versions of those weapons. However, the prosecution fails to unequivocally prove that the illegally modified weapons were modified by the Davidians. Two heavy .50-caliber guns are introduced into evidence, along with the appropriate ammunition, but the defense argues that it is not illegal for citizens to own such guns, nor could it be proven that those weapons had been fired.
Unable to Escape - The FBI has always maintained that it took steps to ensure that any Davidian who wanted to leave the compound during the last assault could do so. Tarrant County medical examiner Dr. Nizam Peerwani, testifying about the condition of the bodies found, notes that some Davidians, such as Schneider and Koresh, died from close-range bullet wounds in the head, indicating that they had no intention of trying to escape. However, several women’s bodies were found in the hallway leading to the trapdoor access to the underground school bus at the north end of the building that had been constructed as a tornado shelter. Apparently the women were trying to leave, but they could not because the trapdoor had been buried by debris from the collapsing of the wall pushed in by a tank prior to the fire. All of the children who died in the conflagration, and many of the women, were found in a cinderblock room used for cold storage of food. The room, located under the four-story guard tower, was the strongest and safest area of the compound, furthest from the gas and the FBI armored vehicles. Around 30 bodies were recovered from that room; many, especially the smaller children, were covered with blankets, sleeping bags, and extra clothing, apparently due to attempts by the women to protect the children from the gas and fire. When the room collapsed in on itself, the tower fell on it. Those inside the room died from suffocation, blunt trauma from debris impact, close-range gunshot wounds, and/or smoke and fire.
Gas, Armored Vehicles - FBI agents testify that hundreds of canisters and “ferret rounds” containing CS gas were “inserted,” or fired into, the compound. Some of the ferret rounds bounced off the frame walls, but many entered through windows and other openings. FBI testimony shows that the Davidians began to fire at the agents, or their armored vehicles, after the gas was introduced. When the Davidians began shooting, agents testify, they abandoned the plan to slowly and measuredly introduce gas into the compound over a matter of hours, and began firing gas into the compound as quickly as possible. The order to use CEVs (combat engineering vehicles) to push in walls of the compound were given in order to allow observers to see inside. The CEVs also pressed forward through the compound towards the guard tower (where, unbeknownst to the agents, the women and children were gathering to escape the assault). By that point, the original plans for a gradual and careful assault had been all but abandoned.
Fire - The government prosecutors introduce a plethora of evidence that shows the Davidians themselves set the fires that eventually burned the compound to the ground. High winds aided the spread of the flames. The defense claims that Davidians did not start the fires, but instead the tanks and CEVs knocked over Coleman lanterns, being used for light because the FBI had cut the electricity to the compound. Prosecutors play audiotapes and enter transcripts of the Davidians allegedly making preparations to set the compound afire, obtained through electronic surveillance. Voices on the tapes and in the transcripts say such things as: “The fuel has to go all around to get started,” “Got to put enough fuel in there,” “So, we only light ‘em as they come in,” or as a slightly different version has it, “So, we only light ‘em as soon as they tell me.” The defense argues that if the Davidians indeed poured lantern fuel or other accelerants through the compound, they were doing so in an attempt to stave off the incoming armored vehicles. Defendant Graeme Craddock told a Texas Ranger that he was ordered by one Davidian, Wayne Martin, to pour lantern fuel on any tank that came in through the wall and to light it—a last-ditch tactic that might result in the defenders’ death as well as the attackers’. Testimony shows that the FBI had alerted the Burn Unit at Parkland Memorial Hospital early that morning to be prepared to receive burn victims, and asked for directions as to how to land helicopters bearing burn victims at the hospital. FBI agents wore fireproof suits for the assault. And a helicopter carrying a Forward-Looking Infra-Red (FLIR) camera circled over the complex, ready to photograph any outbreak of fire. The FBI maintains that it was prepared for fire, but had no intention of actually causing a fire. The defense notes that the FBI did not initially bring up fire-fighting equipment to the compound. A government witness, arson investigator William Cass, says that films taken at the time of the fire show fire starting almost simultaneously at 12:11 p.m. The strong winds, aided by the holes punched in the walls by the CEVs, helped the fire engulf most of the compound within five minutes. The defense shows an earlier portion of the FLIR video showing a flash or flare of heat in the gymnasium area taking place at 12:08 p.m. Cass testifies that he has never seen that video. Observer logs show that two reports of fire in the gym were made at 12:11; Cass testifies he has never seen those logs. The logs were handled by Paul Gray, chief of the arson investigating team. The defense shows that Gray often testifies on arson incidents on behalf of the BATF, and his wife works in the BATF’s Houston office. Gray’s final report claims that CN tear gas is not flammable and would have actually impeded the spread of fire; testimony shows that the assault did not use CN tear gas, but a very different substance, CS gas delivered by a rather flammable propellant. In 1995, a surviving Davidian will confirm that the sect members, and not the FBI, actually set the fires (see August 4, 1995). In 1999, the FBI will admit to firing pyrotechnic gas canisters into the compound, but will deny that the devices started the fires (see August 25, 1999 and After). In 2000, a prosecutor will be charged with hiding evidence about the canisters from the defense and from a subsequent government investigation (see November 9, 2000).
Verdicts - The jury finds the defendants not guilty of the two most serious crimes, conspiracy to murder federal agents, and aiding and abetting such a conspiracy. The jury convicts five defendants of voluntary manslaughter, defined by Judge Walter Smith as acting “in the sudden heat of passion caused by adequate provocation.” Two defendants are convicted of firearms charges. Seven defendants are convicted of using and carrying firearms “during and in relation to a crime of violence,” convictions set aside by the judge because of the jury’s failure to convict the defendants of guilt in committing those crimes of violence. (The judge later reinstates those convictions.) In all, four are acquitted of all charges and seven are convicted of various crimes. Davidians Renos Avraam, Brad Eugene Branch, Jaime Castillo, Livingstone Fagan, and Kevin A. Whitecliff receive 10-year sentences for voluntary manslaughter, and additional 30-year sentences for using a firearm in a violent crime. Craddock receives 20 years for possessing a grenade and using a firearm in a violent crime. Paul Gordon Fatta receives a 15-year sentence for possessing and conspiring to possess machine guns, though he was not present during the siege. Ruth Riddle is convicted of using or carrying a weapon during a crime. And Schroeder, who cooperated with the prosecution, is convicted of forcibly resisting arrest. [Dean M. Kelley, 5/1995; Houston Chronicle, 4/21/1997; Associated Press, 4/19/2006]
Entity Tags: Fred Cummings, US Bureau of Alcohol, Tobacco, Firearms and Explosives, David Koresh, Wayne Martin, William Cass, Federal Bureau of Investigation, Steve Schneider, Brad Eugene Branch, Branch Davidians, Ruth Riddle, Walter Smith, Renos Avraam, Graeme Leonard Craddock, Jack Zimmerman, Jaime Castillo, Roger Ballesteros, Kathryn Schroeder, Livingstone Fagan, Kevin A. Whitecliff, Paul Gray, Nizam Peerwani, Paul Gordon Fatta
Timeline Tags: 1993 Branch Davidian Crisis
Judge Walter Smith convenes a sentencing hearing for the Branch Davidians convicted of crimes in regards to the Waco siege that resulted in the death of scores of their companions (see January-February 1994). Defendant Ruth Riddle, facing deportation to Canada for overstaying her visa, is brought back to Texas for sentencing on her immigration violation; Riddle and six other defendants face sentencing for similar charges. In all, nine defendants receive jail sentences. During “allocution,” some argue that the court has no jurisdiction, and that Attorney General Janet Reno and President Clinton should have been witnesses. Others deny any guilt. One defendant, Livingston Fagan (see March 23-24, 1993), tells the court that he and his fellow defendants are all innocent. Fagan, “probably the only Branch Davidian with any formal theological training,” says he still considers himself a devotee of Davidian leader David Koresh, and says everything the Davidians did during the siege was justified by the harsh and aggressive actions taken by federal agents. “Right from the beginning, the spiritual aspect of this was totally and absolutely rejected,” he says. “But it was the very core of why we were at Mt. Carmel, and essentially, why we acted the way that we acted.” Defense lawyers argue that their clients are being forced to answer for crimes committed by Koresh and other Davidian leaders who are dead and cannot face justice themselves. Prosecutors argue that the theology as avowed by the Davidians shows a propensity towards violence, and ask the judge to give each defendant the maximum sentence. Smith, though the jury had not convicted the defendants of conspiracy to kill federal agents, holds the defendants responsible for the deaths of four agents nonetheless (see 5:00 A.M. - 9:30 A.M. February 28, 1993). He says the Davidians had assembled an “armory” of weapons “to rival that of a National Guard unit’s,” as well as a huge stockpile of ammunition and paramilitary gear, and that the Davidians had fortified the compound. He accuses Koresh of inciting his followers through his sermons and teachings to resist the authorities up to the point of death. Five Davidians, including Fagan, receive sentences of 40 years for carrying firearms while committing violent crimes. Another defendant, Paul Fatta, receives 15 years for firearms offenses. Defendant Graeme Craddock, who cooperated to an extent with authorities, receives 10 years for voluntary manslaughter and 10 years for carrying firearms during the commission of a violent crime. Riddle is given a five-year sentence; Katherine Schroeder, who testified for the prosecution, receives three years in jail. Later in the month, jury foreperson Sara Bain will say that Smith went much farther in his sentencing than the jury had intended. “They [the sentences] certainly didn’t reflect the jury’s intention at all,” she will say. “We had thought that the weapons charges would be a slap on the wrist.… I wish everyone had just been acquitted on all charges.… The federal government was absolutely out of control there. We spoke in the jury room about the fact that the wrong people were on trial, that it should have been the ones that planned the raid and orchestrated it and insisted on carrying out this plan who should have been on trial.” [Dean M. Kelley, 5/1995] In 2000, the Supreme Court will rule that many of the more lengthy sentences are improper (see June 5, 2000).
Entity Tags: Ruth Riddle, Graeme Leonard Craddock, David Koresh, Branch Davidians, Janet Reno, Kathryn Schroeder, Walter Smith, Livingstone Fagan, Paul Gordon Fatta, William Jefferson (“Bill”) Clinton, Sara Bain, US Supreme Court
Timeline Tags: 1993 Branch Davidian Crisis
Livingstone Fagan. [Source: Carol Moore (.net)]Livingstone Fagan, one of the 11 Branch Davidians convicted of crimes related to the February 1993 shootout with federal agents near Waco (see 5:00 A.M. - 9:30 A.M. February 28, 1993), admits to firing at two of the four Bureau of Alcohol, Tobacco and Firearms (BATF) agents killed during the battle. He is the first Davidian to admit firing on BATF agents during the raid. Fagan says in a deposition that he fired at the two agents from the roof of the Davidian compound. The deposition is part of a wrongful death lawsuit brought by a number of Davidians against the federal government (see April 1995). In 1994, Fagan was convicted of manslaughter and a weapons charge, and given a 40-year prison sentence. He chose not to appeal his sentence based on what he says are religious reasons. He is serving his time at a federal prison in Pennsylvania. Fagan is a party to the lawsuit because his mother and wife died in the April 1993 assault on the compound (see April 19, 1993). During the trial, Fagan was identified by BATF agent Eric Evers, who was wounded in the February 1993 raid, as one of the Davidians who shot him. Fagan denies shooting at Evers, but says he did shoot at two other BATF agents. In a statement to attorney Marie Hagen, Fagan claimed he shot in self-defense, saying, “Your government murdered people who were very dear to me.” In the following exchange, which is part of Fagan’s deposition, he admits to shooting at the agents:
Hagen: “Did you shoot at them?”
Fagan: “Well, they fired at me.”
Hagen: “OK. But did you shoot at them?”
Fagan: “And so I responded.”
Hagen: “Did you hit any of them?”
Fagan: “I don’t know specifically, because I assume that there were others, too, that were firing then.”
Fagan says he watched one wounded BATF agent, Kenneth King, crawl from the rooftop, drop to the ground, and writhe in pain until he was rescued by fellow agents. A fellow Davidian who survived the April 1993 conflagration, David Thibodeau (see September 9, 1999), had written that Fagan “was kneeling in prayer in the chapel while the bullets were flying.” And Clive Doyle, a survivor who was acquitted in the same trial that convicted Fagan, has said he didn’t think Fagan fired during the raid. Fagan’s lawyer Kirk Lyons tries to downplay Fagan’s admission, saying: “This is a guy that’s been in solitary confinement for a long time, and he’s had nobody of his own mental abilities that he can talk to. He’s a little stir-crazy.” [San Antonio Express-News, 2/23/2000]
Entity Tags: David Thibodeau, Branch Davidians, Clive J. Doyle, Eric Evers, Kenneth King, Marie Hagen, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Kirk Lyons, Livingstone Fagan
Timeline Tags: 1993 Branch Davidian Crisis
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