Investigation After Finicum's death, officials stated that he was reaching for a gun in his pocket when he was shot by a state trooper. It was later identified as a
9 mm Ruger SR9 handgun. Finicum received the handgun as a gift from his stepson. His public
autopsy was performed on January 28, but officials withheld the autopsy report from the press until March 8. The cause of death was listed as three gunshot wounds to the back, abdomen and chest. All wounds were specified as gunshot entry from the back (posterior left shoulder, left upper back and right lower back). Investigators with the Deschutes County Sheriff's Office, assigned to process the scene of Finicum's shooting, were accounting for the two known sets of shots fired by the OSP officers during the event (the shots that killed Finicum, and the earlier shots that struck his vehicle) when they discovered a bullet that struck the roof of the truck at a different trajectory. After ascertaining the bullet's existence with cell phone video taken by one of Finicum's passengers, investigators modeled the bullet's trajectory using computers, and determined that the bullet was fired from the direction where two FBI agents were standing. They later determined that an FBI Hostage Rescue Team member fired twice at Finicum, missed him but injured a second militant in the process. The agent, whose identity was withheld, was under investigation, along with four other FBI agents who were suspected of attempting to conceal evidence of the gunshots. They reportedly told investigators that none of them fired a shot during the incident. During initial processing of the scene, the rifle
cartridge casings purportedly fired by the FBI agent were reported not present. However, an OSP officer later described seeing two casings at the scene near where the FBI agents were positioned. FBI aerial surveillance video shows agents searching the area, then huddling together before breaking up moments later, with one agent bending over twice to pick up an unknown object. Law enforcement officials began the investigation into the gunshots after watching the full surveillance video and suspecting something was amiss. Two FBI pickup trucks were searched for casings, but none were found, while at least three OSP officers were interrogated about their initial processing of the scene. On April 5, cellphone video footage shot by another of Finicum's passengers was released by authorities. A federal jury found Astarita to be not guilty on all charges on August 10, 2018.
Accidental release of identity of one of the state troopers who shot Finicum Authorities attempted to withhold the identities of the two state troopers who shot Finicum. Nonetheless, during Astarita's trial, one witness accidentally identified one of them as then-Lieutenant (and now Superintendent) Casey Codding.
Reactions Before the video of the action was released, some of the militants and supporters had claimed that Finicum was co-operating with the police when he was shot. This included a claim by the Nevada legislator
Michele Fiore (who was not present at the arrest) that "he was just murdered with his hands up". Cliven Bundy was quoted as saying that Finicum was "sacrificed for a good purpose". In a March 3 interview in jail, Ammon Bundy called the shooting "egregious" and said that the officers involved "should be ashamed of it". At a
news conference, officials had initially declined to comment on the Finicum shooting because the encounter was still under investigation, but they later released surveillance video of the incident, which officials said shows Finicum reaching for a handgun after feigning surrender. However, Finicum's family continued to dispute the nature of the shooting, claiming that he was shot in the back while his hands were in the air, and denied the FBI's assertion that Finicum was armed at the time of his death. The Finicum family commissioned a private autopsy, but declined to make the results public. On February 6, more than 1,000 attended Finicum's funeral in
Kanab, Utah, while others rebuilt a razed memorial on U.S. Route 395. About another 100 people led by the
3 Percenters rallied at the
Idaho State Capitol in the afternoon in honor of Finicum, who they believed was unarmed at the time of his death. On March 4, a group of about a dozen armed protesters surrounded a federal courthouse in
Tucson, Arizona, demanding the state troopers who shot Finicum be indicted and fired. Another rally, led by Finicum's widow, was held at the
Utah State Capitol on March 5 with 200–300 people in attendance. Several dozen rallies were held at locations throughout the U.S. on the following Saturday. On May 12, more than a dozen Arizona politicians wrote a letter to
Oregon Governor Kate Brown, in which they asked her to conduct another, more transparent investigation into Finicum's death. On August 27, 2016, Finicum's widow, Jeanette, announced her plans to sue the OSP and the FBI for
civil rights violations relating to his death. She retained a
California-based attorney, who also represented Ryan Bundy, for the case. On January 26, 2018, Finicum's family filed a wrongful death lawsuit in the
United States district court in
Pendleton, Oregon. Named as defendants were the United States, the
Federal Bureau of Investigation,
Oregon State Police, the
Bureau of Land Management, the Oregon governor
Kate Brown, Greg Bretzing, former FBI special agent in charge in Portland, acquitted FBI agent Astarita, U.S. Senator
Ron Wyden of Oregon, former U.S. Senator
Harry Reid of Nevada, Harney County Sheriff
Dave Ward, Harney County commissioner Steven Grasty, the
Center for Biological Diversity and unnamed officers. The lawsuit sought more than $5 million in damages for Finicum's wife and each of their 12 children and his estate. Kieran Suckling, the executive director of the Center for Biological Diversity, called the suit a "bizarre, incoherent, yet nonetheless dangerous, attack on free speech". On July 24, 2020, federal Magistrate Judge Patricia Sullivan dismissed claims against all defendants except the Oregon State Police. In August 2021, U.S. District Judge Michael W. Mosman dismissed the family's claims against the Oregon State Police, the former state police superintendent, the state troopers who fired at Finicum, all claims filed against the federal government, the FBI, Harney County and former Harney County Sheriff Dave Ward. Only a single civil rights claim against Gov. Kate Brown survived Mosman's ruling. ==References==