Homicide Charges Filed in Iraq Friendly Fire Deaths

In an extremely rare reaction to a friendly fire accident, the Air Force announced Thursday that it has charged an F-15 fighter pilot with 26 separate counts of negligent homicide in the mistaken shooting earlier this year of two U.S. Black Hawk helicopters over Iraq.

Five other Air Force crew members were charged with various counts of dereliction of duty in the April 14 catastrophe in the “no-fly” zone over northern Iraq. Twenty-six people, including 15 Americans, were killed when the Air Force crew members mistook the aircraft for Russian-built Hind helicopters flown by the Iraqi military.

The harsh charges, which could result in a lengthy prison sentence for the pilot, mirror the tough stance the Pentagon has taken in dealing with one of the worst self-inflicted tragedies in U.S. military history.

While friendly fire accidents have occurred frequently in the past--including the Persian Gulf War of 1991--Pentagon officials said that they knew of no recent instances where military service members were court-martialed on criminal charges for their mistakes.

But Maj. Tom LaRock, an Air Force spokesman at the Pentagon, and others said that in the helicopter accident, it appears that the Air Force’s evidence against the pilot, Lt. Col. Randy W. May, clearly points to negligence.

“He was directed by the lead pilot to confirm that the helicopters were Iraqi Hinds and he didn’t do that,” LaRock said. “Instead he gave the go-ahead to shoot them down.”

Col. Douglas Kennett, another Air Force spokesman, in describing why the charges were so harsh, added simply: “Because he was one of the pilots that fired the missiles that shot down the aircraft.”

As it turned out, the helicopters were U.S. Army Black Hawks that were ferrying members of a multinational military council touring Kurdish villages.

The Pentagon has said that the accident was caused by “errors, omissions and failures,” and that the crew did not monitor the entire course of the helicopters or alert the fighter pilots that the copters were actually friendly aircraft operating in the “no-fly” zone.

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May, a veteran with almost 20 years in the Air Force, served as the pilot of the second plane in the two-aircraft formation that fired on the helicopters. He is also charged with two counts of dereliction of duty in addition to the 26 charges of negligent homicide.

The dereliction of duty charges involve his alleged failure to notify the lead pilot that he could not confirm the identity of the two helicopters as well as his “negligent failure” to prevent the shooting engagement.

If convicted of all counts at a general court-martial, May could receive a year in prison for each of the 26 homicide charges, three months’ confinement on each of the dereliction counts and dismissal from the service and forfeiture of pay.

Some military law experts were surprised that homicide charges were filed, an indication they said that the evidence must be strong against May.

“In 14 years as a military attorney and 20 years in the military and six years teaching military law, I have never heard of a case of that nature resulting in homicide charges,” said Jonathan Tomes, a Chicago expert who is the author of the “Service Member’s Legal Guide.”

“So I take it they must have concluded there is pretty strong evidence of negligence for them to prefer general court-martial charges carrying double digit years in maximum confinement penalties,” Tomes said.

“They’re citing culpable negligence in a war-like area, where these pilots are flying 600 miles an hour or something, and firing missiles, and making split-second decisions. They must really feel like they have some fairly gross negligence here.”

May, who has not flown since the accident, is assigned to the 53rd Fighter Squadron at Spangdahlem Air Force Base in Germany. He could not be reached for comment. Officials said, however, that May has retained military defense attorneys and they are preparing for a preliminary hearing that could be held in Europe by year’s end.

May shot down one of the Black Hawks. The other helicopter was destroyed by the other pilot, whose identity has not been released.

The status of the case against that second pilot, who flew the lead plane, remains unclear. Pentagon officials said commanders in Europe are still reviewing his role.

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“The general who is the convening authority in Europe has not completed all of his deliberations in this process,” Kennett said. “I don’t know what decisions would be taken against anyone else who was involved in the incident.”

The other five airmen charged with dereliction of duty were part of an AWACS team that provides airborne radar systems designed to identify aircraft for pilots. If convicted, they also face dismissal and forfeiture of pay, and three months’ confinement for each allegation.

The AWACS crew members are:

* Maj. Douglas L. Martin, director of operations and a 13-year veteran of the Air Force. He was charged with three counts of dereliction of duty, including failure to notify the two F-15 pilots that the Black Hawks were aloft and had been spotted on radar.

* Maj. Lawrence M. Tracey, mission crew commander and a 14-year veteran, was charged with four counts, including failure to ensure that all aircraft flying in the area were using proper identification “Friend or Foe” codes that would have alerted the F-15 pilots that the aircraft were not hostile.

* Capt. Jim Wang, director of the mission crew with six years in the service. He was charged with five counts, including failure to supervise the radar controllers.

* 1st Lt. Joseph M. Halcli, a radar controller and a three-year veteran, who was charged with four counts, including “failure to conduct a proper identification Friend or Foe mode check” on the two helicopters.

* 2nd Lt. Ricky L. Wilson, the tactical area responsibility controller who is a two-year Air Force veteran. He faces four counts, including alleged failure to “pass an accurate (radar) picture to the pilots” that would have changed the pilots’ decision to fire on the helicopters.

Martin is part of the Air Combat Command Air Operations Squadron at Langley Air Force Base in Virginia. The other four are assigned to the 963rd Airborne Control Squadron at Tinker Air Force Base in Oklahoma.