Update on SFC Walter Taylor?
We talked about SFC Walter Taylor a few months ago before his article 32 investigation. Now it seems that the Article 32 Board has recommended that he not be prosecuted, apparently.
I haven’t been able to find anything else on the internet in regards to this besides this copy and paste job on SFC Taylor’s support site on Facebook, and I don’t know where they got it, so do with it what you want;
Findings and recommendations per the Article 32 Investigating Officer, LTC Alva Hart, dated 31 July 2012:
1. CHARGE I: VIOLATION OF THE UCMJ, ARTICLE 92:
1st Specification: In that Sergeant First Class Walter M. Taylor, US ARMY, who should have known of his duties at or near Wardak Province, Afghanistan on or about 21 July 2011, was derelict in the performance of those duties in that he negligently failed to obtain positive identification that Dr. Aqilah Hikmat was engaged in a hostile act or exhibiting intent before shooting at her with a loaded firearm, as it was his duty to do.
2nd Specification: In that Sergeant First Class Walter M. Taylor, US ARMY, who knew his duties at or near Wardak Province, Afghanistan, on or about 21 July 2011, was derelict in the performance of those duties in that he willfully failed to obtain positive identification that Dr. Aquila Hikmat was engaged in a hostile act or exhibiting hostile intent before shooting her with a loaded firearm, as it was his duty to do.
BASED ON THE EVIDENCE CONSIDERED DURING THE ARTICLE 32 INVESTIGATION, I HAVE DETERMINED THAT NO REASONABLE GROUNDS EXIST TO BELIEVE THAT THE ACCUSED COMMITTED THE ALLEGED OFFENSE.
2. CHARGE II: VIOLATION OF THE UCMJ, ARTICLE 134:
The Specification: In that Sergeant First Class Walter M Taylor, US ARMY, did, at or near Wardak Province, Afghanistan, on or about 21 July 2011, unlawfully kill Dr. Aqilah Hikmat, by negligently shooting her in the chest and head with a firearm, which conduct was the prejudice of good order and discipline in the armed forces and was of a nature to bring discredit upon the armed forces.BASED ON THE EVIDENCE CONSIDERED DURING THE ARTICLE 32 INVESTIGATION, I HAVE DETERMINED THAT NO REASONABLE GROUNDS EXIST TO BELIEVE THAT THE ACCUSED COMMITTED THE ALLEGED OFFENSE.
RECOMMENDATION: Due to the lack of basis for the violation of Article 92, and therefore the resulting failure in the requirement for an “unlawful” act in the Article 134 specification, I RECOMMEND THAT THESE CHARGES DO NOT PROCEED TO COURTS MARTIAL.
Of course, even if it’s true, and there’s no reason to believe otherwise at this point, it’s just a recommendation. Big Army can do what they want with it.
Thanks to Just Plain Jason for the heads up.
Category: Big Army, Terror War
Excellent. I hope the Army accepts the recommendation. I was — and still am, truthfully — concerned that politics will get underfoot with this.
Technically, in the naive and perfect world governed by the regulations, Big Army should have no influence on what happens next. The commander (in the military referred to as the convening authority due to the power to convene a court martial) must now choose to either ignore the recommendation, modify the charges, or follow the recommendation and refuse to refer charges to a court martial. If I were the defense, I would pay very close attention to how Big Army responds as that could play a role in an unlawful command influence motion to dismiss. This is a good development for SFC Taylor as its his best shot at convincing the commander to dump this thing before a judge can even be assigned.
I am hoping that someone will pull their head out of their ass and let it go. It shouldn’t have gone this far, but someone is trying to make an example of him. If they go ahead with the courts martial, then I guess we might as well pack up our toys and come home.
http://www.stripes.com/investigator-recommends-against-court-martial-for-soldier-who-killed-afghan-civilian-1.184698
There it is in Stars and Stripes. I will take that as being confirmed.
Hope the convening authority does the right thing.
Sometimes cases are brought to the 32 in order test whether a case even can be prosecuted. This is not uncommon in some sexual assault cases. I can only hope they wanted it to die at the 32 but only charged it to both get a full investigation and satisfy our allies.
It is a recommendation and the RIGHT recommendation. Hopefully someone will have some guts and do the right thing.
Well, it looks like the IO had the guts to do the right thing here. Hopefully the Convening Authority will as well.
In my perfect world, the officer who thought it proper to try an enlisted man for doing his assigned job would be busted back to E1 (no chance of promotion) and sent to the Sandbox for 3 years of OJT. Everybody in his/her assigned unit is to have full knowledge of why it’s there.
IF the SOB lives through the tour, the exact sentence the SSGT would have gotten (had the “court” found him guilty) is to be served by the douchenozzle. After that, a Dishonorable Discharge.
Hopefully this will end the ordeal for this NCO. It’s really easy (and irresponsible) to second guess a guy who has to make a split-second decision in combat with the lives of his soldiers in the balance.