number belonged either to the BIA building or the tribal office building.  Erwin could not reach anyone at that phone number, and radio contact was impossible because Tolman's car radio had begun to malfunction.  Erwin did not himself go to either the BIA building or the tribal office building, he did not send anyone to those buildings, and he did not contact Tolman's or McMullen's headquarters to obtain further information on their whereabouts.


16
At approximately 11:00 a.m., Erwin heard reports over Chief Simondet's radio that men at the roadblock were taking more gunfire.  He again attempted to contact McMullen and Tolman by radio, but was unsuccessful.  He did not try to telephone them, nor did he attempt to contact their headquarters.  Erwin then directedChief Simondet to order all law enforcement personnel to withdraw from their positions and assemble on Highway 89.  This order was transmitted to all officers in radio communication with Chief Simondet.  The parties stipulated that Erwin:


17
ordered the withdrawal of law enforcement personnel primarily for their safety after hearing reports of intensified gunfire and because of the lack of communication with other law enforcement authorities on the scene.  He intended by the withdrawal to gather all law enforcement officers together in order to assess their strength and to devise a plan of action.


18
Joint Statement at 17, J.A. at 31a.  The withdrawal order was obeyed.


19
At approximately noon, after the order to withdraw had been issued, the Hanson group set the LEC on fire with the hostages