Jurors hear Davidian panic, anger on 911 tapes

WACO, Texas - The panic and terror within the walls of the Branch Davidian complex was relived Wednesday as the audiotaped drama of the first moments of the government's 1993 raid was played in the cult's multimillion-dollar wrongful death trial.

''There are 75 men around us and they are shooting at us at Mount Carmel!'' sect member Wayne Martin screamed in the telephone. ''Tell them there are children and women in here and to call it off!''

The pops of gunfire could be heard in the background as sheriff's officials on the phone scrambled to calm Martin while simultaneously trying to reach federal Alcohol, Tobacco and Firearms agents at the scene.

The exchange was captured on 911 tapes by the McLennan County Sheriff's Office, whom Martin called when shooting started on Feb. 28, 1993.

The shooting began when federal agents tried to serve search and arrest warrants on the Mount Carmel complex outside Waco on suspected gun violations. Four federal agents and six Davidians died that day.

The ordeal ended 51 days later when the FBI tear-gassed the wooden complex and a fire engulfed the building. In the end, about 80 Davidians were killed either by gunfire or the blaze.

Survivors and family members of the Branch Davidians are seeking $675 million in a wrongful death lawsuit that among other things argues that the ATF agents fired indiscriminately, knowing women and children were inside. The government contends that cult members shot first during the raid and started the deadly fire.

Martin's plea for ATF agents to stop firing on the complex had been heard at the 1994 criminal trial of five Davidians, who were convicted of voluntary manslaughter in the deaths of four federal agents.

But Wednesday was the first time a jury heard the entire first tape capturing the beginning of the raid and siege. That segment included a recording of Martin's insistence that he had a right to shoot back.

''I have a right to defend myself! They started shooting first!'' Martin yelled in a speakerphone to Sheriff's Lt. Larry Lynch.

''Tell them to hold their fire, leave the property and we'll talk!''

More of the exchange was heard when government attorneys countered with tape segments of their own. The excerpts included recordings of Lynch trying to persuade Martin to maintain the cease fire so injured agents could be retrieved and to arrange help for injured people inside the compound.

The injured agents were removed, but the Davidians rejected medical help.

''We don't want anything from your country,'' Martin said on one tape. ''That's what our wounded are telling us. They don't want your help.''

Martin and four of his children ultimately died in the fire.

U.S. Attorney Michael Bradford, a lead counsel for the government, said as he left the courthouse: ''We do not believe the plaintiffs have proven through the evidence they presented so far that the ATF is responsible for anything.''

But the plaintiffs' lead counsel, Michael Caddell, said the 911 tapes demonstrated poor leadership and judgment by law enforcement.

''I have to believe there was a mistake, an error in judgment on both sides. ... I think the ATF made the first error in judgment and I think the most serious error in judgment,'' Caddell said.

Also on Wednesday, Dick DeGuerin, the Houston lawyer who represented Koresh and visited Mount Carmel during the siege, testified that all the bullet holes he saw while facing the right front door of the Davidian complex were from shots fired from the outside.

The jury will act only as an advisory panel to U.S. District Judge Walter Smith, who will deliver the verdict. Separately, Smith will consider the question of whether federal agents shot at Davidians during the siege's fiery end.