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Dismissal of FBI Sniper Charge Sought by U.S.

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<i> Associated Press</i>

The federal government on Monday sought the dismissal of a state involuntary manslaughter charge against the FBI sharpshooter who killed Randy Weaver’s wife in a shootout at Ruby Ridge six years ago.

The Justice Department petition filed in federal court argued that Lon Horiuchi was protected by the supremacy clause of the U.S. Constitution and should not be subject to state prosecution for actions in the line of duty.

Horiuchi was among dozens of federal agents who surrounded Weaver’s cabin in August 1992 in an attempt to arrest the separatist on a weapons charge.

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Weaver’s 14-year-old son, Sam, and deputy U.S. Marshal William Degan of Quincy, Mass., were killed in the gunfight that touched off the 11-day siege. Weaver’s wife, Vicki, was shot on the second day.

Both Randy Weaver and family friend Kevin Harris were acquitted in 1993 of federal murder and other charges. Weaver was also acquitted of the weapons charge that had prompted the standoff.

The manslaughter charge against Horiuchi was filed last August. The trial is scheduled for March 10.

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