Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, March 10, 1994 TAG: 9403100173
SECTION: NATIONAL/INTERNATIONAL PAGE: A-9 EDITION: METRO
SOURCE: Associated Press
DATELINE: SAN ANTONIO LENGTH: Medium
Jurors convicted each of the seven Feb. 26 of using or carrying a firearm in commission of a violent crime, namely murder conspiracy. But U.S. District Judge Walter Smith ruled that those convictions would be changed to acquittals, bacause all 11 Davidian defendants were acquitted of murder conspiracy in the deaths of four agents of the Bureau of Alcohol, Tobacco and Firearms.
Two days after the trial, prosecutors asked that the convictions be reinstated. The government attorneys cited case law that they said shows a conviction is not required for a jury to find a defendant used a firearm during the offense.
On Wednesday, Smith reinstated the guilty verdicts.
``It was one of those matters in which we knew the law was on our side,'' said federal prosecutor Ray Jahn. ``The courts have said you can't second-guess a jury.''
The Davidian most affected by Smith's ruling is Ruth Riddle, who was acquitted on all other charges and had prepared to head home to Canada with her family. Riddle has spent more than a week in jail while Smith reconsidered his ruling.
``She's in tears, you can imagine,'' said Riddle's attorney, Joe Turner of Austin. ``She was told that she was going to be free and go home and was within hours of doing that. . . . Now she's looking at a significant penitentiary term.''
The firearms charge carries a possible penalty of five to 30 years in prison and a $250,000 fine, Jahn said.
The six other Davidians convicted of the firearm charge were Brad Branch, Kevin Whitecliff, Jaime Castillo, Livingston Fagan and Renos Avraam - who also were convicted of voluntary manslaughter - and Graeme Craddock, who was convicted of possession and conspiracy to possess a grenade.
by CNB