THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, September 9, 1994 TAG: 9409090613
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: FROM WIRE REPORTS
DATELINE: WASHINGTON LENGTH: Long : 111 lines
The counts read like the indictments in a cold-blooded murder case: that the defendant ``did unlawfully kill'' Paul N. Barclay, Cornelius A. Bass, Jeffrey C. Colbert, Mark A. Ellner . . .
In this case, though, the defendant is no deranged gunman, but a senior Air Force fighter pilot. And the weapon is no mere assault rifle, but a 9-foot heat-seeking missile packing 20 pounds of explosive.
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-down this year of two U.S. Black Hawk helicopters over Iraq.
Five other Air Force crew members, including Maj. Douglas L. Martin of Langley Air Force Base in Hampton, 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, an extremely rare reaction to a friendly fire incident, could result in a lengthy prison sentence for the pilot. The action mirrors 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 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 dothat,'' LaRock said. ``Instead he gave the go-ahead to shoot them down.''
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 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.
May, 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.
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.
``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, author of the ``Service Member's Legal Guide.''
May, who has not flown since the accident, is assigned to the 53rd Fighter Squadron at Spangdahlem Air Force Base in Germany. Officials said May has retained military 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.
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.
KEYWORDS: U.S AIRFORCE MURDER FRIENDLY FIRE HOMICIDE HELICOPTER
ACCIDENT by CNB