Immediately after leaving the
Mount Carmel Center on 23 March 1993, he was held in
McLennan County jail as a
material witness. One ATF agent, Eric Evers, reportedly identified Fagan out a suspect
lineup as someone who shot at ATF agents on 28 February 1993. However, a
Texas Ranger in January 1994 gave Fagan's attorney evidence – the photograph of Fagan used in the lineup which had a note on its back saying Evers was unsure if Fagan was the culprit – to doubt Evers's
testimony. Another federal agent also identified Fagan as a shooter. One former
Branch Davidian, Victorine Hollingsworth, testified that she overheard Fagan telling
Koresh that he shot an ATF agent, saying that Fagan said he "got him in the stomach". In a
wrongful death lawsuit in 2000, Fagan wrote in a
deposition that he shot at two of the four ATF agents who climbed the roof of the
Mount Carmel Center. According to
United Press International, in an address to Judge
Walter S. Smith, who brought down the sentences onto Fagan and other Branch Davidians, Fagan said that he still admired
David Koresh, that "from the beginning we [the Branch Davidians] never figured we would receive justice", and that the Branch Davidians were "inocent [
sic], absolutely, without any doubt". Reportedly, Judge Smith called Fagan a "crazy, murdering son of a bitch" – because of this comment and others, the Branch Davidians' attorneys believed Smith should have
recused himself, but
Department of Justice lawyer Marie Hagen argued that his comments did not show
prejudice against the Davidians. According to
The New York Times, Fagan was originally sentenced to 40 years in prison – 10 for the
voluntary manslaughter conviction and 30 for the weapons charge. Although Fagan did not appeal his conviction, Judge Smith reduced the sentence to 30 years in September 2000. He was also fined
US$5,000. According to an interview with
The Sunday Times, he spent only about half of the 30-year sentence He was deported to
Heathrow Airport by two deportation officers in July 2007. After 1994, Fagan wrote and published various works of Branch Davidian theology, while incarcerated in the United States and living in Britain. == References ==