Petraeus to rule in soldier's robbery hearing
CHANTAL ESCOTO
It will ultimately be the decision of Fort Campbell's top brass about whether a sergeant will have a court martial for taking a vehicle at gunpoint in Iraq.
Sgt. 1st Class James H. Williams, a soldier with 326th Engineer Battalion, is charged with armed robbery for taking a SUV by force while in Mosul. The second day of an Article 32 hearing for Williams ended Wednesday, and now senior trial counsel Capt. William Mullee, a military lawyer, will weigh the evidence presented and make recommendations to his superiors.
The case will make its way to commanding general Maj. Gen. David H. Petraeus, who is expected by next week to make a final decision on whether to move forward with a court martial.
In addition to the carjacking charges, Williams also is accused of dereliction of duty for letting his troops drink alcohol and allowing his platoon leader, 2nd Lt. Bradley Pavlik to carry personal firearms while in Iraq.
Williams' defense attorney Michael Love contended the charges are unfounded and couldn't be proved. He's hoping for a dismissal of the case.
"There's no evidence," Love said during closing arguments, pointing out no proof was presented that the sheik actually owned the SUV. He also argued that an enlisted soldier should not always be responsible for a commissioned officer's actions. "(The prosecution) is making an argument based on what?"
U.S. Army prosecutor Capt. Micah Pharris told the military court sufficient evidence was presented for a trial to proceed, citing witnesses' and investigations' testimonies, and contended Williams -- a senior noncommissioned officer -- should have known better.
"A platoon sergeant has a duty to ensure all soldiers comply with lawful orders," Pharris said.
Love says the Army is using Williams as a political scapegoat because he commandeered the 2001 Toyota Land Cruiser in late April last year from a rich tribal sheik in Mosul after an Army Humvee broke down. The U.S. government has since paid Sheik Ahmed W. Al-Faisal $32,000 in cash for the loss of the SUV that had reportedly been damaged and altered.
Love said Williams did what he thought was right at the time because the vehicle was to be used for military purposes and the war was not declared over. The Rules of Engagement, military guidelines for soldiers to follow during combat, state equipment and transportation can be taken for military use.
But prosecutors contend special orders were given to soldiers by 2nd Brigade Combat Team commander Col. Joseph Anderson once troops arrived in Mosul to not take civilian vehicles.
Also, the soldiers also did not give the driver of the SUV, the sheik's son, a receipt. According to testimony, the platoon members didn't have time, believing they were under enemy threat because about 30 Iraqi locals began gathering close by.
Regarding the dereliction of duty charges, Capt. Bill Freeman, commander of Company B, 326th, testified Wednesday that during a search in Iraq, cases of beer, a bottle of liquor and cleaning materials for a privately owned shotgun were found in and around Pavlik's living area.
Pavlik's own Article 32 hearing and trial are pending. He exercised his right to remain silent during Williams' hearing.
The Article 32 hearing falls under the Uniformed Code of Military Justice and is similar to a civilian grand jury hearing.
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