XII. The Events of April 19, 1993
A. Introduction
When the Attorney General called the President on Sunday, April 18 to inform him that she had decided to approve the FBI's request to use tear gas at Waco, she emphasized that the operation was intended to proceed incrementally, and that it might take two or three days before the Branch Davidians surrendered. The Attorney General told the President that Monday, April 19 was "not D-Day."
The events of April 19 began at approximately 5:55 a.m., when the HRT Commander deployed two CEVs, or Combat Engineering Vehicles (M-60 tanks with booms attached) to the compound. The action ended a few minutes after 12:00 p.m., when the compound erupted in flames. This section of the report examines the events during that six-hour time period on April 19. We have found that (1) the Davidians began shooting at the FBI within minutes after the CEVs began delivering tear gas, and continued shooting at the FBI throughout the operation; (2) the FBI did not fire any shots during the entire operation; (3) under the approved operation plan, the FBI was justified in its decision to begin punching holes in the building and increasing the scope of gas delivery once the Davidians began using deadly force; (4) the Davidians had ample opportunity to evacuate the compound safely during the operation but chose not to, and the FBI did not intentionally deprive the Davidians of any avenues of escape; and [material redacted as required by statute]
B. Preparations to Implement the Plan
On Saturday, April 17, at 5:00 p.m. Waco time, FBI headquarters advised the commanders in Waco that the Attorney General had authorized the tear gas plan, and that it would be implemented early in the morning on Monday, April 19. During the next 36 hours preparations to implement the plan proceeded. Local FBI SWAT teams were placed on standby to be deployed. Emergency preparations -- principally medical preparations -were finalized. The FBI also prepared two CEVs (for penetrating the building and delivering the liquid CS gas); one Abrams tank (for HRT Commander Rogers' use during the operation); nine Bradley vehicles (four for delivery of M-79 Ferret tear gas rounds, four for miscellaneous tactical purposes, and one for medical evacuations); and one FBI helicopter were all made ready for the operation.
On Saturday night, April 17, FBI headquarters advised both SAC Jamar and HRT Commander Rogers of various stipulations regarding the use of the CS gas, and the rules of engagement that the Attorney General and the FBI had agreed to observe. Those rules were as follows: If, during the insertion of the CS gas, the Davidians told the FBI to back off or they would harm the children, then the FBI should back off and continue to negotiate. If a Davidian threatened a child, the FBI snipers were to shoot the threatening subject only if they had a clear shot; otherwise, the FBI was to back off and continue to negotiate. Ensure that all those who leave the compound following the insertion of the CS gas were interviewed regarding the condition and location of the children and the other subjects still inside. The mere presence of a child in plain view in a door or other opening would not require the FBI to cease the gas insertions. Instead, the gas should be injected at an alternate point, away from the child. If mass suicides were indicated, then the FBI was to proceed with the emergency rescue plan.
In addition to the tactical preparations, the FBI negotiators also prepared a written announcement to read to the Branch Davidians at the commencement of and throughout the operations. The announcement would first be read over the telephone, and then repeated continuously over the loudspeakers so that everyone could hear it.
On Sunday, April 18, at approximately 1:53 p.m., the HRT began physical preparations for the tear gas plan, by removing vehicles from the front side of the compound. This was done to clear the area in front of the compound, to remove any barriers or obstructions that would impede the CEV's and the Bradleys in implementing the tear gas plan. To reassure the Davidians about the clearing operation, and to conceal the true purpose of the operation, the negotiators called the compound several minutes before the clearing operation began (1:45 p.m.), telling Schneider that the FBI was going to begin removing vehicles for safety purposes. The negotiator told Schneider that the FBI had decided to prohibit any Davidians from entering the tower, because of the threat posed to the FBI agents engaged in the clearing operations. Schneider said that he did not think the Davidians would comply with the FBI's request that they not enter the tower.