Randy Weaver had been arrested on a weapons charge (which was actually the result of entrapment). His arrest was without incident and he was released without bond. The magistrate who arraigned him incorrectly advised Randy that if he appeared for trial and lost, that the government would take his home. Magistrate Ayers admitted he had misadvised Randy as to the law in the matter. Magistrate Ayers never corrected that error. Trial was set for February 19, 1991 but a letter was sent to Randy telling him that the trial was March 20.

Out of fear of his family becoming homeless, Randy Weaver and his family sent a letter saying that they would stay up on their mountain and not come down.

It was well known to the Weavers friends that the reason he would not come down was because he was told the government would take his home. This information came to the attention of the local Marshalls who requested that the US attorney provide Randy with an assurance that the government would not take the property (remember that in fact they could not take the property). The US attorney refused to do so. The whole matter could have been resolved by that.

The Weavers were known to carry weapons, but they were never known to threaten anyone. The government had detailed surveillance of the Weaver home.

So a plan was put together to subdue Randy Weaver, but before that plan was put into action, the Marshalls conducting recon operations opened fire and shot one of Randy Weaver's son's in the back. They also shot his dog. Kevin Harris, who was with Sammy Weaver returned fire killing a Marshall. Randy Weaver was not present at the shooting.

The Marshall's rather than admit to the murder asserted that they were surrounded and attacked and involved in a massive firefight wherein the Weavers supposedly fired 1000 rounds (Ultimately proof indicated that a total of 19 shots from both sides were fired). A Marshall shot and killed the dog, Sammy Weaver returned 2 shots, Marshalls fired 13 more shots (2 hit Sammy and he was killed), and Kevin Harris returned 3 shots killing a Marshall (a jury later found this to be self-defense). Marshalls fired 14 shots, Weavers fired 5 -- Marshalls reported being fired upon with 1000 shots.

In response to the Marshalls reports of a massive firefight the FBI hostage rescue team was dispatched with the unprecedented orders to shoot to kill any adult in the Weaver household who was armed regardless of whether they were threatening anyone.

The FBI lay in wait outside the Weaver home, without making any demand that the Weaver's surrender.

Randy Weaver his 16 year old daughter and Kevin Harris stepped outside, armed but not pointing their rifles at anyone (not even aware of the snipers presence) The snipers opened fire and the Weavers fled back into the home. Randy was hit.

A sniper fired into the home killing Vicki Weaver, while she held her baby -- she was unarmed. During the ensuing seige FBI agents taunted Randy calling out "Did you sleep well last night, Vicki?" and "Show us the baby, Vicki? We had pancakes," ..... Nice guys those FBI agents.

When it was over Randy Weaver was acquitted of all charges except his failure to appear for the underlying gun case.

This is based upon Gerry Spence's account of the trail in which he represented Randy Weaver.

http://www.ruby-ridge.com/gspence.htm