CNN logo Navigation Infoseek/Big Yellow Pathfinder/Warner Bros Main banner Move the corporate ladder to your back yard. Because you can. VAIO/Sony rule JUDGE THROWS OUT RUBY RIDGE CHARGES Randy Weaver's house October 2, 1997 Web posted at: 8:36 p.m. EDT (0036 GMT) Latest developments: * Judge invokes double-jeopardy law * Harris accused of killing U.S. marshal * Charges against FBI agent unaffected BONNERS FERRY, Idaho (CNN) -- An Idaho judge dismissed a state murder charge against a man accused of killing a federal agent in the Ruby Ridge shootout, saying he can't be tried again after his acquittal of murder in federal court. Idaho Magistrate Judge Quentin Harden ruled Thursday that the charge against Kevin Harris violate a state law barring prosecution of someone who faced the same charges in another "state, territory or country." Prosecutor Denise Woodbury, who charged Harris and FBI marksman Lon Horiuchi in state court in August, had argued that the state double-jeopardy law was meant to cover prosecutions in other countries, not the United States. "I find that (Idaho law) bars further prosecution of Kevin Harris for the acts set forth ... in the complaint in this case," Harden said. "To rule that the courts of the United States of America do not come under 'another state, territory, or country' would be an anomalous result -- giving more credence to the courts of another country than to the courts of our own nation," Harden wrote. Harris accused of killing U.S. marshal Standoff scene Harris, 29, of Republic, Washington, was accused in the shooting death of deputy U.S. Marshal William Degan and of shooting at another agent in the August 21, 1992, shootout that precipitated an 11-day siege at the cabin of white separatist Randy Weaver. A friend of Weaver's, Harris was staying at the cabin during the shootout and was wounded by an FBI sniper's bullet. Weaver's 14-year-old son, Sam, was killed in the gunfight. His wife, Vicki Weaver, was later shot and killed during the siege by the FBI's Horiuchi. The shootout has become a rallying point for some groups who believe federal law enforcement has encroached too much on citizens' rights. Weaver and Harris were tried and acquitted of federal charges in 1993. But in August, Woodbury charged Harris with first-degree murder in Degan's death and assault with a deadly weapon against Arthur Roderick, another law enforcement officer. Harden also dismissed the assault charge. Woodbury also charged Horiuchi with involuntary manslaughter in the death of Vicki Weaver. Charges against FBI agent unaffected Harden's ruling doesn't affect the charge against Horiuchi, who has never been tried in any court. His lawyers have indicated they will try to move his case to a federal court. Harris was at his job as a welder when he received the news that the murder charge against him had been dismissed, said Diane Peters, his business partner at Eagle Industries. "We were hoping what was fair and just would turn out," Peters said. Harris himself did not return a phone call, and Woodbury declined to comment on Harden's ruling. Reuters contributed to this report. rule Related stories: * Both sides decry new Ruby Ridge charges - August 21, 1997 * FBI senior officials won't be charged in Ruby Ridge siege - August 15, 1997 * Former FBI section chief pleads guilty, admits destroying Ruby Ridge report - October 30, 1996 * FBI official charged with obstruction after concealing Ruby Ridge report - October 22, 1996 Related sites: Note: Pages will open in a new browser window * United States Department of Justice Home Page * Federal Bureau of Investigation External sites are not endorsed by CNN Interactive. _________________________________________________________________ Infoseek search ____________________ ____ ____ _________________________________________________________________ rule Message Boards Sound off on our message boards You said it... [INLINE] Move the corporate ladder to your back yard. Because you can. VAIO/Sony rule To the top © 1997 Cable News Network, Inc. All Rights Reserved. Terms under which this service is provided to you.