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Family of slain LaVoy Finicum hires lawyer to pursue lawsuit against Oregon police, FBI

LaVoy Finicum, a rancher from Arizona, who is part of the group occupying the Malheur National Wildlife Refuge speaks with reporters during a news conference at the the refuge Tuesday, Jan. 5, 2016, near Burns, Ore. Law enforcement had yet to take any action Tuesday against the group numbering close to two dozen who are upset over federal land policy. Finicum said the group would examine the underlying land ownership transactions to begin to "unwind it," stating he was eager to leave Oregon. (AP Photo/Rick Bowmer)

The family of Robert LaVoy Finicum — the Arizona rancher and Malheur wildlife refuge occupier who was killed by police on Jan. 26 — has retained a California attorney to pursue a federal civil rights lawsuit against the Oregon State Police and two FBI agents.

Brian Claypool of the Pasadena, Calif., based Claypool Law Firm has been retained by Finicum's widow, Jeanette, and their 12 children, according to a Tuesday news release.

Finicum, along with Ryan Bundy and other ranchers, "had been peacefully protesting on the federal wildlife refuge, when law enforcement, motivated by political reasons, escalated the otherwise peaceful demonstration by pursuing Finicum despite his repeated instruction to them that he was on his way to John Day, Ore., to meet with local law enforcement and others in an attempt to resolve the protest," the news release states.

Video of the fatal police shooting appears to show Finicum reaching into his jacket before he fell into the snow at a police roadblock. The FBI has said the man had a loaded gun in his pocket.

But the Claypool news release states "there is now physical evidence (shell casings) that proves that two FBI agents lied during the law enforcement investigation by stating that they did not fire the first shots at Finicum's vehicle."

The news release also claims the U.S. Department of Justice is investigating the two FBI agents for perjury.

Claypool also will be representing Ryan Bundy in federal civil rights lawsuit arising from Bundy's being shot in the arm by law enforcement, "as well as multiple egregious constitutional violations by prison guards during his incarceration in a Portland jail while he awaits trial," the news release states. Claypool will also be co-counsel in Bundy's upcoming criminal trial in Portland.

Ryan Bundy — the son of Cliven Bundy, who headed a 2014 armed standoff between federal law enforcement at his Nevada ranch — had participated in the Malheur occupation and was riding in the vehicle with Finicum, before Finicum was fatally shot.

FILE - In this Jan. 9, 2016 file photo, LaVoy Finicum, a rancher from Arizona, speaks to the media after members of an armed group along with several other organizations arrive at the at the Malheur National Wildlife Refuge near Burns, Ore. The FBI and Oregon State Police arrested the leaders of an armed group that has occupied a national wildlife refuge for the past three weeks during a traffic stop that prompted gunfire — and one death — along a highway through the frozen high country. The Oregonian reported that Finicum was the person killed, citing the man's daughter. (AP Photo/Rick Bowmer)

Trent Nelson | The Salt Lake Tribune A ribbon and photograph on a mourner at the funeral for Robert "LaVoy" Finicum, in Kanab, Friday February 5, 2016. Finicum was shot and killed by police during a January 26 traffic stop. Finicum was part of the armed occupation of an Oregon wildlife refuge.

Scott Sommerdorf | The Salt Lake Tribune LaVoy Finicum's widow, Jeanette speaks about what she called her husband's "assasination" and describes that she feels he had his hands up when he was shot, as she was speaking to the media prior to a rally at the Utah State Capitol, Saturday, March 5, 2016.

By The Salt Lake Tribune