Declaration of Crystal Epler

7/25/2019 Declaration of Crystal Epler

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Crystal Epler

Grand Jury Action

[email protected]

DECLARATION OF CRYSTAL EPLER

I, Crystal Epler, pursuant to 28 USC 1746, do hereby declare as follows:

INTRODUCTION and MY BACKGROUND

1. My name is Crystal Epler. I live in Leeds, Utah, a small town outside of St. George

Utah. I am retired widow and have no children at home. The reason I have written this

statement is to request a Grand Jury investigation into the death of Lavoy Finicum and

the events surrounding his death on 1-26-2016.

2. I have invested over 900 hrs researching, Supreme Court rulings and lawsuits on road

blocks and barricades; Oregon State policies and procedures on use of deadly force

ACLU lawsuits; on firing at a moving vehicle; video recordings, especially FBI footage

released on the road block and the shooting in question; news reports; researched

redacted reports from Oregon State Police; read e-mails from Governor Browns office

regarding the events from 1-2-2016 to 1-27-2016 on the occupation of Malheur Refuge,

and the death of LaVoy Finicum.

3. Prior to 1-27-2016, I did not know the families of the Bundys nor the Finicums.

Page of1 9AFFIDAVIT OF CRYSTAL EPLER


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CONSPIRACY

4. It shocks my conscience.

5. To wit:

6. The occupation of Malheur Refuge began 1-2-2016. The occupiers spent time in the

town of Burns, shopping, eating and attending community meetings

7. It is my opinion that the Oregon State Police (hereafter, OSP) did plan and execute

with FBI & HRT members and others, the traffic stop on highway 395, to prevent (in

violation of 18 USC 241-242) Ammond Bundy, Ryan Payne, Bryan Cavalier, Ryan

Bundy, Shawna Cox, Victoria Sharp and LaVoy Finicum (hereafter, occupiers) from

attending a meeting, by arresting them, without a valid warrant... They had been invited

to, by citizens in John Day, Grants County, to speak on the Constitution in a Community

Meeting

8. Commissioner Britton was aware of occupiers visit to Grants CO he believed that

they visited with Sheriff Palmer, and stated that open road between Grants CO and

Harney seemed like an opportunity for law enforcement to stop occupiers

Commissioner Britton knew that the occupiers went to Grant County at least two times

prior, and he suggested a road block, which was implemented by police.

9. The OSP and FBI, team members and others, knew of the meeting at John Day, Grant

County, several days in advance, and made deliberate plans for a road block, to prevent

the occupiers from attending the John Day meeting. They found a curve with a straight

road behind, and it had no cell service.



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10. OSP was to do a traffic stop so the FBI could serve a Federal warrant. Why did the OSP

not ask to see a valid warrant? FIRST TRAFFIC STOP, THE OCCUPIERS WERE NOT

DOING ANYTHING UNLAWFUL ON HIGHWAY TO BE STOPPED FOR AND

HAD NO IDEA THEY WERE TO BE ARRESTED- SINCE THEY HAD HAD

INTERACTION WITH OPS AND FBI FOR WEEKS PRIOR TO 1-26 2016 THE

WARRANT THAT THE FBI AND OSP RELIED ON FOR THIS TRAFFIC STOP,

WAS NOT SIGNED BY A JUDGE UNTIL 1-27-2016 AT 9:24 AM ONE DAY

AFTER THE TRAFFIC STOP AND HOMICIDE OF LaVoy Finicum.

11. The FBI set up a position on Highway 395, using unmarked vehicles and plain clothed

officers, the main team for the arrest, also hiding off road in unmarked vehicles. A

northern team around curve, as a contingency, in unmarked vehicles for the road block.

12. (DCSO 5) State Police and the FBI there may have been other people involved, but a

lot were plain clothes and not displaying identification (#3867) Obviously there was an

OPS plan but the understanding was that there was going to be a high risk or felony

vehicle stop.

13. Information on who was going to be in the vehicles, and descriptions of who was going

to the community meeting and who would be in the jeep and truck, was provided to FBI.

14. DSCO 4..QUESTION How about that section of highway there knew where they were

going #4..Right had word during initial brief that morning 1-26 reason they left Refuge

because THEY WERE ACTUALLY INTENDING TO BE GOING TO SOME SORT

OF RALLY IN JOHN DAY THEY WERE SUPPOSE TO BE MEETING WITH THE

SHERIFF IN GRANTS COUNTY. So section of highway was SCOUTED AHEAD OF



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TIME to stage vehicles it was also CHOSEN BECAUSE THERE WAS LESS

AMOUNT OF CELL COVERAGE. once stop did occur they werent able to reach out

to other people for help.

Oregon State Police PLANED TRAFFIC STOP

TO PREVENT OCCUPIERS FROM ATTENDING MEETING IN GRANTS

COUNTY

15. The occupiers were on the road to attend a meeting in Grant County and all of the

officers, FBI and OSP knew that in advance of event. There was no way for the people

in the vehicle to suspect they were being arrested. When the two vehicles went passed

the group of OPS and FBI unmarked vehicles. They moved behind them, hit lights to

stop and arrest. The two vehicles were not speeding.

16. The Jeep stops and 4 people occupied front and back. Only 3 people were arrested, the

driver was not mentioned. (It is interesting that the redacted statements one officers

made was that the driver and owner was named Budha. The Jeep was in fact owned and

driven by Mark McConnal).

17. Finicums truck came to a stop up a ways and the OSP went behind them, and yelled to

get out of vehicle with hands up. No loud speaker was used. Mr Finicum had his radio

on, and yelled back to police that he was going to see the Sheriff in Grants CO. and

invited them to come along. He had his head out and said they would have to shoot him

He was not coming out of the truck, then he and Bundy asked who they were (the

officers). They answered Oregon State Police (No where talking to LaVoy or people in



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vehicle did they state FBI). Payne put his hand out and someone shot a lethal round at

him, which hit side mirror. He got out of vehicle, and they then shot him in the arm with

blue tip 40mm sponge. He then told the police that there were females in the truck

Payne was arrested. Mr. Finicum decided to go to Grant CO and started to move.

18. Truck leaves, non lethals are fired at truck. Officers #2 and #4 get in their vehicles to

chase. Remember OSP was just to do a traffic stop. Officer #2 calls to tell road block

truck is on the way.

ROAD BLOCK AND HOMICIDE OF FINICUM1-26-2016

19. Now we know that the truck came to the road block at the curve and they (OSP & FBI)

started shooting at the occupiers. #1 FIRED MULTIPLE SHOTS AMING AT

DRIVERS AREA. Had any of #1s shots hit Finicum, then #1 would have been

responsible for every resulting death, both of officers and passengers, as the truck would

have went out of control and carrened into the roadblock.

20. The FBI footage, unedited, does not show the shots fire and if Mrs Cox had not a

camera, no one would question the event.

21. Mr. Finicum hit his brakes, and went left into a snow bank, came to a stop and exited

on drivers side, with hand up, in 3 feet of snow. He walked about 10-12 ft from truck

All the time the police were firing shots. They say he ignored the police to keep his

hands up and stated that a member of the police team, near him, was in danger because

Mr. Finicum supposedly was reaching to his left side. In their training and experience



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it looked like he was reaching in his left pocket for a gun (officers statement). They

shot him in the back 3 times.

22. LaVoy Finicum WAS 55 YRS OLD , NO PRIOR HISTORY OF VIOLENCE,. NO

RUN IN WITH THE LAW, FAMILY MAN, CHURCH ATTENDING. FATHER OF 11

CHILDREN, FOSTER PARENT. THEY KNEW ALL THIS, AND COULD FEEL

PRETTY SAFE STANDING AROUND PARKED ROADBLOCK AND ON HOODS

WITH GUNS READY

23. I BELIEVE HE WAS SHOT BY SOMEONE- AND THAT IS THE REASON HE

GRABS FOR HIS LEFT SIDE. WHEN THEY ROLLED HIM OVER TO SEARCH

HIM, A COPPER COLORED BULLIT FELL OUT OF JACKET, WHEN YOU

HAVE YOUR BACK TO SOMEONE HOW CAN THEY SEE WHAT YOU ARE

DOING WITH YOUR HANDS?

HOMICIDE OF FINICUM1-26-2016

24. AS #3 YELL GET OUT OF THERESHOTS RING OUT Finicum swerves hard

left and plows snow the door opens it was Finicum he steps out does not make

eye contact he has similar STRUGGLES that #3 did in deep snow he kind of

falls both hands are clear #3 does not challenge yet LaVoy rights himself, #3 has

good sight and yells commands keep hand up FLASH BANGS are going OFF they

were throwing them AERIAL distraction but IT IS LOUD Finicum makes eye

contact #3 HE THROWS BOTH HANDS UP SHOWS PALMS then the verbiage

starts #3 has taser gun out



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25. REMEMBER #1 SHOT AT FINICUM SEVERAL TIMES ALREADY Finicum sees

#1 forces Finicum to turn towards #3 turns back toward truck SHOULDERS

KIND OF COME FORWARD AND KIND OF ROCK IT IS THIS TIME AN

UNKOWN SHOOTER SHOT HIM (i.e. with copper bullet that mushroomed)

WITH ALL THE BANGS, NO ONE WOULD HEAR A SHOT NOT CLOSE UP he

moves his jacket a side, as he makes these movements #3 hears pop..pop..pop..

FINICUM GOES DOWN RIGHT AWAY DROPS TO KNEES AND ON BACK

HANDS OUT AND NO GUN THEY LEAVE HIM TO DIE

26. THEY TURN ATTENTION TO PASSENGERS Shooting of less lethal and bangs

are constant on truck, after non lethals, bangs smoke bombs, the passengers, Ryan

Bundy, Shawna Cox and Victoria Sharp is allowed to surrender and are arrested

CONCLUSION

27. The Purpose of my Declaration is summated to support a complaint and investigation

of Oregon State Police (OSP) identified as officers #1, #2, #3, #4, #5, #6, #7, #8, and

others, investigation based on foregoing facts.

28. It is my opinion that the OSP did conspire and execute, with FBI, HRT members, a

traffic stop to arrest the occupiers of Refuge, in order to impede or prevent Ammond

Bundy, Ryan Payne, Cavalier, Ryan Bundy, Shawna Cox, Victoria Sharp and LaVoy

Finicum from attending a community meeting in Grants County with some of the



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citizens, which they were invited, to talk on the Constitution. This is a criminal violation

of their rights in violation of 18 USC 241-242.

29. My opinion that LaVoy had or had no gun is irrelevant, the fact that the OSP and FBI

knew his complete background, knew he was not a violent person He was fired at the

first traffic stop, and did not return fire he was fired at rounding a curve multiple times

(by #1) missing his head and passengers. Exited with hands up, among shots fired at him

and explosions all around him, with out a weapon. I believe that the reason he reached

down to left side of jacket is he had been shot at that moment #3 states his shoulders

and body jerked and then he was shot by #1 #2 and fell wounded and left to bleed to

death. He had every opportunity to use a gun and did not even when he looked back

at all the officers at roadblock, even made eye contact with #1 #3 if he had wanted a

shoot out, then he would have been justified to use a gun to protect himself and

passengers. But he did not.

30. Please look at what we have and allow the Grand Jury to Investigate OSP and others.



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I declare under penalty of perjury that the foregoing is true and correct:

Executed on (date) ________________________________

Signature of Chrystal Epler _________________________.


Declaration of Crystal Epler

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