Fueling suspicion about the gunfire is a telephone conversation between Koresh and ATF agent Jim Cavanaugh that occurred shortly after the raid. Cavanaugh started the conversation by saying, "We need to set the record straight and that is that there was no guns on those helicopters." The comment enraged Koresh, who told Cavanaugh, "You're a damn liar." After a few more testy exchanges, Cavanaugh changed his story. "What I'm saying is that those helicopters did not have mounted guns. OK? I'm not disputing the fact that there might have been fire from the helicopters," Cavanaugh said. After that admission, Koresh cooled off and the two began discussing other issues.

The 1996 congressional report on the Davidian incident states that no gunfire came from the helicopters. "The helicopters were unarmed," it says, and "no ATF agents fired from the helicopters." The report says the Texas Rangers came to the same conclusion. However, the report adds that it doesn't appear that "senior ATF or Treasury officials gave any consideration to the negative image of military helicopters being used as part of a raid on American civilians."

Although the government continues to deny it fired from the helicopters, the issue gets clouded by its assertion that its agents were allowed to shoot from the choppers. The ATF agents "were authorized to fire back in response to being fired upon by the Davidians," said Bradford, who added that the government will be presenting witnesses to discuss the gunfire issue.

Several observers have reported that the helicopters were indeed fired upon by the Davidians. In fact, one of the three choppers was forced to land after it was hit. But if the ATF agents were authorized to fire if fired upon, would they show restraint?

Clive Doyle, another Davidian who escaped on April 19, 1993, believes they did not. Doyle, who has become one of the leaders of the Davidians and is attending the trial, saw numerous holes in the water tower and in the ceiling on the upper floors of Mount Carmel that convinced him the choppers fired at the Davidians.

"All the holes were coming in at an angle," he said. "The bullet holes weren't straight in. The bullet holes on the outside of the tank were far higher than the ones on the inside. They couldn't have been made by someone shooting from the ground."

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