Jury Chosen in Trial of Davidians’ Deaths

A six-member jury was chosen Monday to hear a wrongful-death lawsuit brought by survivors and family members of those killed in the government’s 1993 raid on the Branch Davidian compound.

The jury of four women and three men, which includes one alternate, will act as an advisory panel to U.S. District Judge Walter Smith, who must decide whether the federal government shares responsibility for the deaths of more than 80 Davidians.

Plaintiffs in the $675-million lawsuit contend federal agents used excessive force in the Feb. 28, 1993, raid and may have helped start the deadly fire at the compound about six weeks later. The government denies the accusations.

Smith pared down the jurors from 60 candidates. During questioning, the judge asked if any of them had ever lost a child or been in a dispute with the government.

At least two of the jurors are from Waco.

Smith scheduled opening statements to begin today. The trial is expected to last about a month.

“The judge has made it clear that he wants [the trial] to go quickly,” said U.S. Atty. Michael Bradford, lead counsel for the government.

The ordeal began when agents of the Bureau of Alcohol, Tobacco and Firearms tried to serve members of the Branch Davidians with search and arrest warrants for suspected firearm violations.

A gunfight ensued; four agents and six Davidians were killed. Twenty-eight agents were wounded, along with an unknown number of Davidians, including sect leader David Koresh. The FBI took over and a standoff between the Davidians and the government agents began.

Early on April 19, the FBI launched tear gas to end the siege. A fire broke out and the compound near Waco burned to the ground.

The trial will deal with four issues: Whether ATF agents used excessive force in the initial raid on the compound; whether government agents helped cause the fires; whether the government was negligent by withholding firefighting equipment; and whether using tanks to push into the compound deviated from a plan approved by Atty. Gen. Janet Reno.

Smith last week removed what could have been the most contentious issue of the lawsuit--whether government agents shot at Davidians during the final hours of the siege.

He said the issue would not be addressed during the trial because a court-appointed expert was unable to attend due to illness.