A Review of the September 2005 Shooting Incident Involving
the Federal Bureau of Investigation and Filiberto Ojeda Ríos

August 2006
Office of the Inspector General


Table of Contents


INDEX OF FIGURES AND TABLES

EXECUTIVE SUMMARY

  1. Background
  2. The Methodology of the OIG Investigation
  3. Planning the Operation
    1. Historical Background Regarding Ojeda and the Macheteros
    2. The FBI Locates Ojeda in Hormigueros
    3. Deployment of the Hostage Rescue Team
    4. The Surveillance and Arrest Plans
    5. The Role of the Police of Puerto Rico
  4. Chronology of Events in the Operation
    1. Events on September 22
    2. Overnight Events on September 22-23
    3. Plan for a Pre-dawn Arrest Operation on September 24
    4. The Compromise of the Sniper-Observers
    5. Transportation to the Target
    6. The Assault on the Ojeda Residence
    7. Events Following the Exchange of Gunfire
    8. Ojeda Struck by a Shot from the Perimeter
    9. The Decision Not to Enter the House on September 23
    10. Notification of the Puerto Rico Department of Justice
    11. Entry of the House on September 24
  5. Findings of the Puerto Rico Institute of Forensic Sciences
    1. Findings on the Scene
    2. Autopsy
    3. Bullet and Shell Casing Examinations
    4. Trajectory Analysis
    5. Shooting Reconstruction
    6. Blood Patterns
  6. Compliance with the Deadly Force Policy
    1. Assessment of the Initial Exchange of Gunfire
    2. Assessment of the Perimeter Shots
  7. Assessment of the Decision to Conduct an Emergency Daylight Assault
    1. Foreseeable Risks from a Daylight Assault
    2. The Surround and Call-out Option
    3. The Extract and Withdraw Option
    4. Modification of the Approach Route
    5. Conducting the Assault on El Grito de Lares
  8. Assessment of the FBI’s Decisions Regarding Entry
    1. FBI Entry Decisions in Puerto Rico before 8:05 p.m.
    2. Entry Decisions Made at FBI Headquarters
  9. The FBI’s Preparation for and Conduct of Negotiations
  10. Miscellaneous Issues
    1. The FBI’s Communications with the Commonwealth of Puerto Rico
    2. Prior Opportunities to Apprehend Ojeda
  11. Recommendations
    1. Recommendations Regarding Compliance with the DOJ Deadly Force Policy and Related Issues
    2. Recommendations Regarding the Decision to Conduct an Emergency Daylight Assault
    3. Recommendations Regarding the FBI’s Entry Decisions
    4. Recommendations Regarding the FBI’s Preparations for and Conduct of Negotiations
  12. Conclusion

CHAPTER ONE:   INTRODUCTION

  1. Background
  2. Methodology of the OIG Review
  3. Organization of the OIG Report

CHAPTER TWO:   PLANNING THE OJEDA ARREST OPERATION

  1. Historical Background Regarding Ojeda and the Macheteros
    1. Filiberto Ojeda Ríos and the Macheteros
    2. The 1985 Arrest of Ojeda
    3. Ojeda Becomes a Fugitive
    4. Later Activities of the Macheteros
  2. The FBI Locates Ojeda in Hormigueros
  3. The Request for the Assistance of the Hostage Rescue Team
  4. Background on the Hostage Rescue Team and the Critical Incident Response Group
  5. The HRT Advance Team Reconnaissance and Assessment
  6. Information Regarding the Neighbors
  7. The Operations Plans
    1. The Surveillance Plan
    2. The Arrest Plan
    3. Consideration of the Surround and Call-Out Option
    4. Discussions Regarding El Grito de Lares
    5. Preparations for Medical Emergencies
    6. Chain of Command
    7. Communications Links
    8. Helicopters
  8. Establishment and Organization of the HRT Tactical Operations Center and the San Juan FBI Command Post in Aguadilla
  9. The Role of the Police of Puerto Rico in the Arrest Operation

CHAPTER THREE:   CHRONOLOGY OF EVENTS IN THE SURVEILLANCE AND ARREST OPERATION

  1. Surveillance on September 21-22
  2. Issuance of the Search Warrant
  3. Surveillance on September 22-23
  4. Deliberations Regarding a Course of Action on September 23
  5. The Plan for a Pre-dawn Arrest Operation on September 24
  6. The Compromise of the Sniper-Observers
  7. Deliberations Regarding a Post-Compromise Course of Action
  8. Preparations for the Daylight Assault
  9. Transportation to the Target
  10. The Assault on Site 1
    1. Features and Layout of Site 1
    2. The Exchange of Gunfire
  11. The Evacuation of the Wounded Agent
  12. The Standoff
    1. The Surrender of Elma Beatríz Rosado Barbosa
    2. Communications between the FBI and Ojeda
  13. Activation of the Strategic Information and Operations Center at FBI HeadquarterS
  14. Crowds Assemble at Several Locations in Puerto Rico
  15. The Decision to Send Relief HRT Teams from Quantico
  16. Ojeda Struck by a Shot from the Perimeter
    1. Brian’s Position
    2. The Shots
  17. The Limited Breach of the Residence
  18. Decisions Immediately After the Limited Breach
  19. FBI Headquarters Assumes Control of the Law Enforcement Clear
  20. Counterterrorism Division Rejects a Nighttime Entry
    1. Reasons for the Decision
    2. Communication of the Final Decision
    3. HRT Agents’ Response to the Decision
  21. Notification of the Puerto Rico Department of Justice
  22. Approval of a Modified Fragmentary Order for a September 24 Daytime Clear
  23. Execution of the Daytime Clear

CHAPTER FOUR:   FINDINGS OF THE PUERTO RICO INSTITUTE OF FORENSIC SCIENCES

  1. Findings on the Scene
  2. Autopsy
  3. Bullet and Shell Casing Examinations
  4. Trajectory Analysis
  5. Shooting Reconstruction
  6. Blood Patterns

CHAPTER FIVE:   OIG ANALYSIS OF WHETHER THE OJEDA SHOOTING WAS IN COMPLIANCE WITH THE DEPARTMENT OF JUSTICE DEADLY FORCE POLICY

  1. The Department of Justice Deadly Force Policy
  2. Assessment of the FBI’s Use of Deadly Force During the Initial Exchange of Gunfire
    1. Rounds Fired Through the Wooden Gate into the Hallway
    2. Rounds Fired Toward the Kitchen Window
    3. The Infeasibility of Providing a Warning
    4. The Exercise of Fire Discipline
    5. The Three Shots Through the Front Door
  3. Assessment of the Perimeter Shots
  4. Lack of “Standard Load” of Ammunition
  5. Conclusions Regarding FBI Use of Force

CHAPTER SIX:   OIG ASSESSMENT OF THE DECISION TO CONDUCT AN EMERGENCY DAYLIGHT ASSAULT

  1. The Circumstances of the Reported Compromise
  2. The Emergency Daylight Assault
  3. The Surround and Call-out Strategy
  4. Whether the FBI Gave Adequate Consideration to Extracting the Sniper-Observers and Withdrawing
  5. Modification of the Approach Routeg
  6. The Decision to Conduct the Assault on El Grito de Lares
  7. Conclusions Regarding the Decision to Conduct an Emergency Daylight Assault

CHAPTER SEVEN:   OIG ASSESSMENT OF THE FBI’S DECISIONS REGARDING ENTRY OF THE RESIDENCE

  1. Assessment of FBI Entry Decisions in Puerto Rico from Approximately 6:08 p.m. to 8:05 p.m.
  2. Differing Accounts Regarding the Chain of Command from 6:08 until 8:05 p.m.
  3. Whether the FBI Ignored Bloodstains on the Front Doorstep
  4. Assessment of FBI Entry Decisions at FBI Headquarters
    1. Decision to Require Counterterrorism Division Approval of any Plan to Enter the Residence
    2. Decision Not to Enter the Residence the Night of September 23
    3. The Informational Consequences of CTD Assuming Control of the Entry Decision
  5. The Tension Between the FBI’s Aggressive Strategy Before the Gunfire Exchange and its Cautious Strategy after Ojeda Was Wounded
  6. Consequences for the Outcome
  7. Conclusions Regarding the FBI’s Entry Decisions

CHAPTER EIGHT:   ASSESSMENT OF THE PREPARATION FOR AND CONDUCT OF NEGOTIATIONS

  1. The FBI's Preparation for Negotiations in a Barricaded Subject Scenario
  2. The FBI’s Conduct of Negotiations and Rejection of Ojeda's Demand for a Reporter
  3. Impact of Negotiations on the Outcome
  4. Conclusions Regarding the Conduct of Negotiations

CHAPTER NINE:   MISCELLANEOUS ISSUES

  1. The FBI’s Communications with Commonwealth of Puerto Rico Government Officials Before and During the Ojeda Arrest Operation
    1. FBI's communications with the Commonwealth of Puerto Rico before the arrest operation
    2. The FBI's Communications with the Commonwealth of Puerto Rico after the Emergency Assault Failed
  2. Whether the FBI Bypassed Prior Opportunities to Apprehend Ojeda Safely
  3. The Landing Zone Error
    1. Causes of the Error
    2. Consequences of the Failure to Locate the Landing Zone

CHAPTER 10:   RECOMMENDATIONS

CHAPTER 11:   CONCLUSIONS

APPENDIX A:   PSYEUDONYM LIST FOR FBI AGENTS IDENTIFIED IN OIG REPORT LISTED ALPHABETCALLY



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