U.S. soldier referred to court martial in Afghan killings

SEATTLE Wed Dec 19, 2012 4:55pm EST

Staff Sgt. Robert Bales, (L) 1st platoon sergeant, Blackhorse Company, 2nd Battalion, 3rd Infantry Regiment, 3rd Stryker Brigade Combat Team, 2nd Infantry Division, is seen during an exercise at the National Training Center in Fort Irwin, California, in this August 23, 2011 DVIDS handout photo. REUTERS/Department of Defense/Spc. Ryan Hallock/Handout

Staff Sgt. Robert Bales, (L) 1st platoon sergeant, Blackhorse Company, 2nd Battalion, 3rd Infantry Regiment, 3rd Stryker Brigade Combat Team, 2nd Infantry Division, is seen during an exercise at the National Training Center in Fort Irwin, California, in this August 23, 2011 DVIDS handout photo.

Credit: Reuters/Department of Defense/Spc. Ryan Hallock/Handout

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SEATTLE (Reuters) - A decorated U.S. soldier accused of killing 16 Afghan villagers in two forays from his remote military camp has been referred to a court martial over the slayings as a capital case, the military said on Wednesday.

No date has been set for the trial of Army Staff Sergeant Robert Bales, which is scheduled to take place at Joint Base Lewis-McChord in Washington State, military officials said in a statement. Bales could face the death penalty, if convicted.

Military prosecutors have accused Bales, a veteran of four combat tours in Iraq and Afghanistan, of gunning down the villagers - mostly women and children - over a five-hour period in March in Afghanistan's Kandahar province.

The shootings, among the deadliest involving civilians that the military has blamed on an individual U.S. soldier since the Vietnam War, have further damaged already strained U.S.-Afghan relations.

On the night of the slayings, Bales drank with two fellow soldiers then left his base and went to a village where he committed the first killings, prosecutors said. They said he then returned to the camp and had a brief exchange with another soldier before leaving for a second village and more killing.

The government believes Bales was solely responsible for the deaths, and survivors have testified to having seen only one U.S. soldier. But several indirect accounts have suggested that more than one soldier may have been involved.

Bales' lawyers have not set out an alternative theory to the prosecution's case, but have pointed out inconsistencies in pretrial testimony and highlighted incidents before the shooting where Bales lost his temper easily, possibly setting up an argument to support that he was suffering from post-traumatic stress disorder.

A military jury must come to a unanimous decision in deciding guilt as well as whether to impose the death penalty. The military justice system also requires the president to approve the execution of a service member; the last U.S. military execution, for rape, occurred in 1961.


Emma Scanlan, a civilian defense attorney for Bales, said on Wednesday that her client suffers from an unspecified mental disorder and criticized the decision to refer his case to a capital court martial.

"It's ignoring the Army's own responsibility for an abysmal mental health system," Scanlan said.

She added that, before the shooting, members of a U.S. military special forces team at the base where Bales was assigned had given him steroids and alcohol.

The charges against Bales include 16 counts of premeditated murder, six counts of attempted murder and seven of assault, among other charges, the military said.

During a nine-day pretrial hearing in November, witnesses testified that Bales had been upset by the lack of action over an attack on a patrol several days before the shootings in which the lower part of a soldier's leg was blown off by a bomb.

Prosecutors presented physical evidence to link Bales to the crime scene, with a forensic investigator saying a sample of blood on his clothes matched a swab taken in one of the compounds where the shootings occurred.

Bales, a father of two, is being held at Joint Base Lewis-McChord. His wife, Kari, said in a statement that her husband, who grew up in Ohio and most recently lived in Lake Tapps, Washington, was entitled to a fair trial.

"I have said from the start that I want my Bob to have a fair trial," she said. "I no longer know if a fair trial for Bob is possible, but it very much is my hope and I will have faith."

(Reporting by Laura L. Myers; Writing by Alex Dobuzinskis; Editing by Cynthia Johnston, Gary Hill and Gunna Dickson)

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Comments (9)
Cleveland2012 wrote:
I was in Special Forces for 10 years. The part that you are not hearing is how often this happens, and how often it gets hushed up.

Good leadership could identify soldiers who are likely to crack like this, and good leadership could have had the common sense to enforce rules such as Rule #1: no alcohol. Without alcohol this would not have occurred.

Dec 19, 2012 1:44pm EST  --  Report as abuse
bootcut1 wrote:
Anybody see a correlation here between this incident and the recent Sandy shootings? You subject the right person to continuous scenes of violence, whether through combat or Violent video games, T.V, News, graphic scenes on the internet, how they become desensitized. Humans become a inanimate objects.

Dec 19, 2012 3:06pm EST  --  Report as abuse
bootcut1 wrote:
Right. Put the blame solely on alcohol. Constant deployments had nothing to do with it.

Dec 19, 2012 3:09pm EST  --  Report as abuse
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