The federal agents fired the first and only shots, according to this testimony. The witness stated that Finicum had his hands in the air when he was shot.
Below is the transcript testimony from the 18 year old girl in LaVoy's truck. She was part of the singing group and was going to meet her family at the John Day meeting...
All of them had like a laser on us, it was turn off the car, put your
hands out the window. , so he put his hands out the window so they
could see he didn’t have a gun and he said we’re going to talk to the
sheriff right now. Either you can put a bullet through my head, right
now or we’re going to talk to the sheriff. And they were like, no and um
and a bunch of more guys were coming out and pulling their guns out.
And they were like “ we have women in the car – it was me and this
other girl in the car that I don’t know real well, but there was a “get the
women out of the car! Get the women out of the car!” ( unintelligible)
and Ryan Payne, like he was in the front seat. Ryan Payne is amazing.
He’s incredible. But anyhow, he was like, he put his hands out the
window and tried to talk to them, he was like he wanted the guy to just,
he was like, I don’t know if it’s worth it, so he put his hands out the
window and said we have women in the car, at least let the women get
out and he stuck his head out and they shot at him, but they missed him.
He ducked just in time, they didn’t hit him, and then he said, “ Oh they
mean business, they are going to shoot us.” So Ryan decided to get out
of the car to go talk to them, so he gets out of the car and then the guy
tried to talk to them, the driver said, I’m just going to drive and I’m just
gonna talk to the sheriff, or shoot me now or let us go, and they were
“Get out of the car and put your hands up. But finally, he decided to just
drive. We all got down on the floorboard and he drove off and then they
started firing at us. They were shooting a bunch of times and then they
had a roadblock set up and so he ran into a snow bank and they started
riddling the car with bullets. And then like when we crashed, we
stopped for a second, he ( Lavoy) got out of the car and he had his
hands in the air, and Unless just shoot me then , and they did, they shot
him dead, they shot him right there like there just walking with his
hands in the air. And I thought I swear to god my god, just walking with
his hands in the air, they shot him dead and after he was down on the
ground , they shot him three more times, and then they bombarded our
vehicle with bullets. Flying Ryan got hit in the shoulder, we were laying
down on the floor board screaming. They gassed us like five times.
They kept trying to shoot us, their angle was bad so
we were praying so hard, please stop please stop, please stop, they were
riddling us with bullets,
they kept gassing us over and over and we couldn’t breath because of the
we were trying to find something white, so we could put a white flag
out, and then I was trying to see Ryan got hit in the shoulder, he said I
don’t think it’s too bad though, SO we were just trying to find a way to
get out. Hold on. Listen Victoria, I recorded your testimony I,
Alright. Yes. Was he standing His hands were still up after he was
dead. Okay, They shot him, he went down and they shot him again on
the ground ? Yes, they shot him like at least six times. “ The
newspaper reports are just saying that three shots were fired, but that’s
not true. NO, are you kidding me? They shot at least a 120 shots
probably all together. OK, but they were shooting the car a lot. What
side of the windows were the windows blown out on? . The left of the
right side. Left. They kept hitting the right side of the car too, but the
windows didn’t come out, they were hitting the metal and not the glass.
Ok, so not one shot was fired by any body in the car or by Lavoy? No,
no one even touched their gun. No one touched their gun. No one
pulled their gun out. NO one touched a gun, we had no rifles. A couple
of guys had sidearms on, but no one touched them, in fact they had their
hands out the window to show they weren’t firing. Nothing We showed
no aggression at all.
When Ryan Bundy was shot both his hands were out the window and he
head was out the window? No, at the time he was on the floor of the car
cause that was when they were shooting at the vehicle. We couldn’t get
out of the car or we would have been dead. Right, Ok, so . How many
police vehicles or how many vehicles would you say were involved in
this encounter? Ah, FBI vehicles etc Un, you know, I didn’t count I
was really shaken up when I got out, but we all noted they were a ton a
vehicles. I don’t know maybe 40 altogether? There were tons and there
were people in the trees it was an ambush set up and ambush or
something cause it was snipers and people in the trees cause we saw
them they were all pointing their lasers, I had like 20 lasers on me when
I was getting out of the car, OK, so Lavoy got out of the driver’s seat . .
When he crashed into the snow bank, he immediately got out of the car,,
and he had his hands in the air and it was like “ Just shoot me then
because he didn’t want to go down he did not want to die, he had his
hands in the air, and said, “ Are you just gonna shoot me? And then they
just shot him, And, how many shots would you say that were fired when
they shot him the first time? The first time he got shot? When they
shot him did you hear multiple rounds?
Yes I did. he got hit by several people – it was simultaneous. We were
like “ what? We couldn’t believe it, it was it shocked us because he had
his hands in the air, We couldn’t believe they were actually going to
shoot him. And like what? Is he dead? is he dead And I was like, we
knew that he had gotten shot and I screamed get help I just want to help
him then they started firing at the car the vehicle again and they
wouldn’t let us out. Oh it was so scary
About how long would you say they started firing at the car before it
finally stopped? Some where between five and ten minutes. (
unintelligible) Victoria we’re gonna be praying for you. I have this
recorded because I fear for your life, You are one of the few people,
you’re not under arrest but you are a direct witness to what happened,
so I wanted to get this down.
I wanted to document this as well as I could. So Levoy was driving the
car and Ryan was in the front seat? No, Ryan Payne was in the front
seat but during the incident, he got out when they first stopped us. He
stopped in the middle of the road and told them we we’re going to talk
to the sheriff and when they fired the first shot - it was actually at that
point - Ryan payne had both his hands out the window and his head
and they shot at him. That was the first shot? That was the first shot.
And that’s when we knew they meant business that they were serious
and that they, . . .I’m talking so much . . . . ( the guy is recording in case)
That was the first shot, so he ended up getting out of the car, cause they
stopped shooting, hye got out of the car and then after we started driving
again, that‘s when they started shooting again, . .but we had lasers on us
the whole time, they were ready to shoot. Ok, so Ryan got out of the
car, did he ever get back in the car before you took off? No.He was
arrested, or he was taken into custody at least cause [when] all of us
were taken into custody, he was with us. We all got transferred together
and then they separated all of us. And that’s Ryan Payne you’re talking
about. Yes. Where was Ryan Bundy? He was in the back seat of the
car besides me. I was actually fallen asleep on him right when we got
pulled over I was asleep and I woke up and the whole thing started
He was sitting to the left of me, So you were in the middle? Yes, Shana
Cox was on my right.
Shauma Cox on your right, Ryan Bundy on your left, and you were
heading to go see the Sheriff? We were going to this meeting that was
going on, all of us meeting at was going on, so all of us ( unintelliglble)
the sheriff was gonna be there and a bunch of ranchers and we were
going to try to talk and maybe do some negotiations, and we were gonna
sing and that was all and we were ambushed, I mean it was known that
we were gonna go so they probably decided to use that area maybe
because it was really wooded and everything we didn’t have any phone
service so, OK, so listen I’m going to be up, so if you want to call me at
any time during this, OK, because I can’t do much, I can pray for your
guys, I can also try to document as best as possible to make sure that um
this story is not, because right now the media is reporting that three
shots were fired. Oh nbo, that’s a total lie, but the media this story right
now the media is reporting that three shots were fired, that’s a total lie,
but of course the media is going to report that. Are you kidding me?
Have you seen the car, have you seen the vehicle?, it was completely
covered with gunshots. Well, no, they’re not going to release that
because they don’t want . . . he’s probably got ( unintelligible ) holes in
himself. Do you want this story to get out? Absolutely. Ok, I’m gonna
stop the recording and see how it’s coming out, to see how it I’m gonna
stop the recording and see how well it’s turning out if I can hear you
clearly, I am willing to get this out there to any media outlet I can,
possibly independent media, I need to know is your family at the refuge?
No, I need to go.
The Video released shows that the girl above was pretty accurate in her description of events.
One other released (not sure why) Mc Connell version is very different, and well watch. He seems to witness what he could not physically have scene.