by Frank James
One of the ugliest episodes of the U.S.'s time in Iraq was the Sept. 16, 2007 shooting of dozens of unarmed civilians by armed security guards who worked for the contractor Blackwater Worldwide. Thirty four civilians were killed.
Today, the Justice Department announced the indictment of five of the guards and the guilty plea of a sixth.
At a press conference, Jeffrey Taylor, U.S. Attorney for District of Columbia, recited details of the incident and the charges. Here's a partial transcript:
On September 16th, 2007, at around noon, the Raven 23 convoy was responding to the detonation of a vehicle-borne improvised explosive device that had just exploded in the vicinity of a different Blackwater personal security detail located about a mile away from Nisoor Square, and which was transporting a USAID protectee.
The members of the Raven 23 convoy understood that their mission was defensive in nature. They were not permitted to engage in offensive military actions, use the military tactic known as suppressive fire, or exercise police powers. They also understood that they were only authorized to discharge their firearms in self- defense and as a last resort.
The four heavily armed vehicles in the Raven 23 convoy entered Nisoor Square and then positioned themselves in order to block any traffic from entering the circle. Seconds after the Raven 23 convoy entered the traffic circle, it is alleged that at least six members of the Raven 23 convoy, including the five defendants named in the indictment, opened fire with automatic weapons and grenade launchers on unarmed civilians located in and around Nisoor Square, killing, as Pat said, at least 14 persons, wounding at least 20 other individuals, and assaulting, but not injuring, at least 18.
The first victim was later identified as a second-year medical student named Ahmed Haithem Ahmed Al Rubia'y, who was driving a white Kia sedan that was approaching the traffic circle from the south. The passenger of that vehicle was also shot and killed. That victim was Dr. Al Khazali, the mother of the driver of the vehicle.
None of the victims of this shooting was armed. None of them was an insurgent. Many were shot while inside civilian vehicles that were attempting to flee from the convoy. One victim was shot in the chest while standing in the street with his hands up. Another was injured from an grenade fired into a nearby girls' school.
At least 18 civilian vehicles were damaged by gunfire from the convoy, some substantially.
The indictment does not charge or implicate Blackwater Worldwide. It charges only the actions of certain employees for their roles in the September 16th shooting. They are Paul A. Slough, age 29, of Keller, Texas; Dustin L. Heard, 27, Maryville, Tennessee; Evan S. Liberty, 26, Rochester, New Hampshire; Nicholas A. Slatten, 23, of Sparta, Tennessee; and Donald W. Ball, 26, of West Valley City, Utah. All five defendants are each charged with 14 counts of voluntary manslaughter, 20 counts of attempt to commit manslaughter and one count of using and discharging a firearm and destructive devices during and in relation to a crime of violence.
The firearms included an SR-25 sniper rifle, an M-4 assault rifle and M-240 machine guns. The destructive advices (sic/devices) were M- 203 grenade launchers and grenades.
If convicted of the charges in the indictment, the defendants could face up to 10 years in prison on each manslaughter count, seven years in prison on each attempted manslaughter count and a mandatory minimum sentence of 30 years on the firearms charge.
We remind the public that an indictment is merely a formal charging document notifying a defendant of the charges against him. All defendants are presumed innocent unless and until proven guilty in a court of law.
It is our understanding that earlier today the defendants surrendered in Utah and will have a court appearance in U.S. district court later today.
Today, we also announce the unsealing of a guilty plea by a sixth defendant, Jeremy P. Ridgeway, age 35, of California, who entered a guilty plea on December 5th, 2008, here in Washington, D.C., before Judge Ricardo Urbina. He pleaded to a superseding information, charging him with one count of voluntary manslaughter and one count of attempt to commit manslaughter.
Like the five defendants charged in the indictment, Mr. Ridgeway was an independent contractor and employee of Blackwater Worldwide. He pleaded guilty to charges in connection with his role in the September 16th shooting at Nisoor Square. His sentencing date has not yet been set by the court.
This indictment represents the first prosecution under MEJA to be filed against non-Defense Department private contractors, which was not possible prior to 2004 amendments that specifically expanded the reach of MEJA to non-Defense Department contractors who provide services, quote, "in support of the mission of the Department of Defense overseas," end quote.
We take no pleasure in charging individuals whose job it was to protect the men and women of our country. But when individuals are alleged to have violated the law while carrying out those duties, we are duty-bound to hold them accountable, as no one is above the law even when our country is engaged in war.
Comments
Those mercenary thugs are a disgrace to this nation. I hope they spend the rest of their lives in a very small cell, preferably in Iraq.
Posted by: Lou | December 8, 2008 3:17 PM
According to the DA, the Blackwater guys pulled up and opened fire at a bunch of unarmed civilians, killing several. OK. I wasn't there, so I don't know what happened, but if that was the case, why charge them with the lesser crime of vol manslaughter? Why not intentional murder?
Posted by: Herbie H. | December 8, 2008 4:19 PM
Herbie,
Because, to my knowledge, nobody is alleging that it was "premeditated" - ie. that they planned, beforehand, to go to that square and massacre people.
What is being alleged is that they opened fire under dubious provocation and then proceeded to act with reckless disregard of the lives of others by shooting to kill at anyone in the square who moved or otherwise might possibly be a threat.
The documents on the SmokingGun make it clear that, according to the BW witness, absolutely no attempt was ever made to avert an accident or determine if any victim was really a threat. They immediately responded with deadly force to any suspicious behavior - which, after the shooting started, meant anyone who didn't drop to the ground and lay still. People running for cover, an Iraqi cop trying to get the shooting to stop .... if they moved they were shot.
Posted by: Harbie | December 8, 2008 5:22 PM
A main goal of Cheney's when he was with Papa Bush 41 was to privatize as much of the military as possible. Blackwater is Cheney's baby, and Haliburton is the largest military contractor. Baby W. allowed and supported it. I'm, again, hearing conflict of interest, theft in office and abuse of power. Once privatized, things don't need to be approved by Congress or The People. However, We still mut pay for same things. Cheney. Worst/Most. Diabolacal. V.P. In History. Worst. Human. In. Mankind's. Time. Cheney has been on a Jarvik 7 for years. It's easier to make millions that way.
Posted by: Vivian | December 8, 2008 5:33 PM
These men are a disgrace. I agree with Herbie, murder seems like the more appropriate charge for the cowardly and vicious acts they are accused of.
I fear that they will never see trial even on the lesser charges outlined. I sense a Pardon coming.
Posted by: Liz | December 8, 2008 5:43 PM
In the interest of saving newsprint and electrons, can we just refer to them as
Black Guards?
Posted by: ornery | December 8, 2008 10:39 PM
* * * * *
Posted by: Harbie | December 8, 2008 5:22 PM
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I’m afraid I have to agree with Herbie H. because I find your explanation less than adequate. A killing can be deliberate and premeditated without any appreciable time spent either planning or weighing the decision to kill. The law recognizes that a cold, calculated decision to kill can be reached quickly, thus satisfying the “deliberation” and “premeditation” elements of a first degree murder charge. Thus, the lack of evidence of planning or conspiring to kill before they left on their mission doesn’t really answer Herbie’s question.
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Furthermore, even if the prosecutor or grand jury decided that first degree murder wasn’t a proper charge, it still doesn’t explain why a lesser degree of murder doesn’t lie. If a jurisdiction separates murder into different degrees, it normally divides the crime of murder into at least first and second degree murder. Why not second degree murder? An intentional killing, even if done rashly or impulsively is still second degree murder in most U.S. jurisdictions if accomplished by means that are objectively likely to cause great bodily injury or death, when committed with the subjective knowledge that the activity is likely to cause great bodily injury or death. I can’t think of an activity that more fits this definition than spraying an open square full of civilians with automatic weapons’ fire.
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Manslaughter seems entirely wrong because it is reserved for those homicides that are committed without malice because of circumstances like provocation or a genuine but unreasonable fear of injury. Just like Herbie H., I wasn’t there. Nevertheless, I can’t imagine a scenario where carloads of men armed with automatic weapons could feel either provoked or reasonably afraid of unarmed and unthreatening civilians. That dog just don’t hunt.
Posted by: John W. | December 9, 2008 9:36 PM
Blackwater CEO should be going to jail first
Posted by: Oscar Thibidoux | December 22, 2008 1:28 PM