|
Washington - A U.S. Army officer who threatened an Iraqi prisoner and fired a pistol near his head during an interrogation likely will be reprimanded Friday and retire soon afterward, concluding a case that generated intense interest and widespread commentary.
The lawyer for Lt. Col. Allen West, a 20-year veteran who has been relieved of his command of an artillery battalion, said he was notified Wednesday that Maj. Gen. Raymond Odierno, head of the 4th Infantry Division at Fort Hood, Texas, will hold a closed administrative hearing in Tikrit, Iraq, rather than institute a court-martial.
"What's likely to happen is as soon as the hearing is over, the general will probably find him guilty of one or more of the offenses," said Neal Puckett, a retired U.S. Marine lieutenant colonel specializing in military law.
He said Odierno probably will issue West, a former Atlanta resident, a letter of reprimand that will be a permanent part of his record. "And then the only thing left to do is give him orders back to Fort Hood . . . and process his retirement papers."
Puckett said he and West, 42, were pleased with the outcome.
"A victory as far as Lt. Col. West and I were concerned in this case was avoiding trial by court-martial," said Puckett, who lives at Offutt Air Force Base outside Omaha, Neb.
West, who grew up in Atlanta and attended the University of Tennessee, plans to teach high school and coach football in the Fort Lauderdale, Fla., area after his retirement, Puckett said. The two men also are writing a book about West's experiences, the case and military law, Puckett added.
The case began in August when West's unit in Iraq received intelligence about a planned ambush and an Iraqi police officer who reportedly knew about it. The police officer was brought in and had been questioned for about a day without results when West, who was said to be an assassination target of the attack, got involved.
According to Puckett and other accounts, West had his weapon in his lap and told the suspect he would kill him if he didn't provide information about the plans. When the policeman again refused, West took him outside, repeated the ultimatum and fired his pistol into the air.
A few minutes later, Puckett said, West fired near the police officer's head, and the man provided some information.
West reported what had occurred to his superior, Puckett said, and the investigation began later after a letter was sent to Odierno. The police officer was released from detention about 40 days after the incident.
West was charged with three counts of assault and one of communicating a threat, Puckett said. He explained that, under the Uniform Code of Military Justice, assault is a crime regardless of the status of the victim.
Four soldiers with West also were disciplined for striking the detainee, Puckett said.
The case became something of a cause celebre on Web sites dealing with political and military issues.
The WorldNetDaily site, for example, featured extensive coverage, and The Federalist site promoted a petition to government officials urging that West be praised rather than prosecuted. "We will not forget how our nation's leaders choose to treat this brave soldier," the electronic petition concluded.
Several members of Congress also expressed support for West. Others, though, contend that the military should not tolerate such violations of permissible conduct.
West had taken responsibility for his actions from the beginning, Puckett said, but thought he had no alternative given the believed imminence of the ambush.
"He understood that he was not officially authorized, he wasn't given authority to use the methods he used," Puckett said.
West appeared last month at an Article 32 hearing, something of a military equivalent to a civilian grand jury proceeding. At that time, he testified that he knew the method he used was "not the right method," but said he never intended to harm the detainee.
"I'd go through hell with a gasoline can" to protect the troops in his command, Puckett said West told the hearing.
Puckett said he urged the panel to consider West's lengthy career and his motives.
The hearing officer recommended to Odierno that the case be handled administratively rather than through a court-martial. Puckett said he expects West to retire as a lieutenant colonel rather than at a lower rank.
"The power to Destroy the planet, is insignifigant to the power of the Air Force----Mudd Vader
|
Login
Register
FAQ
Search
