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Judge tosses 3D model of agent's spot at Finicum shooting

The model pinpoints where prosecutors believe W. Joseph Astarita was standing when he allegedly fired two errant shots at the truck driven by Robert "Lavoy" Finicum.

Posted: Jun. 12, 2018 9:59 AM

PORTLAND, Ore. (AP) -- A judge has ruled that a 3D model can't be used as evidence in the upcoming trial of an FBI agent accused of lying about firing two shots at a key figure in the 2016 takeover of a national wildlife refuge in Oregon.

The Oregonian/OregonLive reports the model pinpoints where prosecutors believe W. Joseph Astarita was standing when he allegedly fired two errant shots at the truck driven by Robert "Lavoy" Finicum. Oregon State Police fatally shot Finicum at the same roadblock.

U.S. District Judge Robert Jones wrote Monday that the representation of Astarita's position is based on video of such poor quality that it can't be shown to jurors at the trial scheduled to begin July 24.

Astarita has pleaded not guilty to making a false statement and obstruction of justice.

Finicum was a spokesman for the Ammon Bundy-led group that took over the refuge to oppose federal control of land in the Western U.S.

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