By
The Associated Press
DALLAS - Federal agents acted within the limits of the law and cannot be held responsible for the deaths of 80 Branch Davidians during a 1993 standoff in Waco, a judge has ruled.
The decision from U.S. District Judge Walter Smith late Wednesday clears the government in a $675 million wrongful-death lawsuit filed by surviving Branch Davidians and relatives of those killed.
"The only gunfire on April 19, 1993 was generated by certain Davidians inside the compound," Smith wrote. No evidence supports the claim that government agents fired any weapons that day, he said.
Smith's ruling mirrors the conclusions an advisory jury and Special Counsel John Danforth reached in July. Both have said Bureau of Alcohol, Tobacco and Firearms agents and others were not responsible for the deaths on the final day of a 51-day standoff.
The siege began Feb. 28, 1993, when ATF agents tried to arrest sect leader David Koresh. A gunfight erupted, leaving four ATF agents and six Davidians dead.
The standoff ended when tanks driven by FBI agents pumped tear gas into the compound. A fire broke out and nearly all of the Davidians, including Koresh, died, some from the fire, some from gunshots.
"The FBI acted with restraint ... despite the deadly gunfire directed at them during the tear gas operation," Smith wrote.
Michael Caddell, lead attorney for the plaintiffs, did not return telephone messages left by The Associated Press.
Deputy Attorney General Erich Holder said the Justice Department was pleased with the ruling.
"Today's decision appropriately recognizes that many law enforcement officers risked their lives to uphold our nation's laws," Holder said.
In July, the five-member advisory jury decided the government did not use excessive force in its attempt to serve search and arrest warrants on Koresh.
Jurors also decided the government's actions on the final day of the siege were not negligent and did not contribute to the deaths of the sect members. The government said suicidal sect members started fires in the building and were responsible for their own deaths.
