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Thu Oct 2 21:47:17 PDT 1997

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                      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.

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  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.

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