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GI may pay for wartime 'carjacking'
Waterbury Republican-American ^ | July 25, 2004 | Kimberly Hefling (AP)

Posted on 07/25/2004 4:49:14 AM PDT by Graybeard58

Win hearts and minds.

But supporters of one soldier, Sgt. 1st Class James Williams, say Army efforts to win the good will of Iraqis ended with charges that could send him to prison.

Williams, 37, is accused of carjacking at gunpoint a sport utility vehicle driven by the son of an influential sheik in Mosul, Iraq, in April 2003 -- less than a week before President Bush declared an end to major combat.

But Williams' defense says the vehicle was properly "commandeered" under the military's wartime rules of engagement after two of the platoon's Humvees broke down.

Williams is to appear Monday at Fort Campbell in Kentucky for a court martial on charges of armed robbery and willful dereliction of duty. The father of two and veteran of both Iraq wars faces up to 15 years in prison if convicted.

"I think it's important to them to win the hearts and minds of the Iraqi people, and I think Jim, in addition to a lot of other people, are being used," said Alice Winebarger, Williams' sister. "The Army should be supporting my brother, not turning its back on him."

Williams' defenders claim the soldier was simply following orders to find a vehicle to replace one of the Humvees. The Army has said his actions amounted to robbery.

"The accused's actions were an unjustified and indefensible criminal act of robbery," said a statement released by the 101st Airborne Division. "Taking civilian property in wartime is a very sensitive matter that may jeopardize the successful accomplishment of the overall mission."

Another soldier already has been convicted in the case and sentenced to prison. A lieutenant also faces a court-martial.

According to court papers filed by Williams' attorney, the SUV was weaving in an out of traffic and stopped only after being chased for five miles by another sergeant in Williams' platoon.

The SUV was used for several days by the command staff in plain view, said Bernard Casey, Williams' attorney. The U.S. government later paid Sheik Ahmed W. Al-Faisal $32,000 for the vehicle.

"There is no evidence that I am aware of that Sgt. Williams at any time thought he was doing anything wrong, and that at all times the evidence is he was doing what was expected of him under the circumstances," Casey said.

Prosecutors, however, have said special orders were given in Mosul forbidding the use of civilian vehicles. Williams' brigade commander, Col. Joseph Anderson, has testified that the rules of engagement had been changed to prohibit it.

The defense said Williams was never told that.

Winebarger, Williams' sister, believes the only mistake Williams made was not giving a receipt when the soldiers left in the SUV, which they had been instructed to do early in the war if they took a civilian vehicle for military purposes.

"There were Iraqi people gathering around," Winebarger said. "Instead of giving a receipt, he left. He was able to do what he needed to do without anybody getting hurt. He should be applauded."

Williams, of rural Westmoreland County, Va., and a member of the 326th Engineer Battalion, was not available to comment, his attorney said.

In October, Lozano was found guilty of robbery and making a false statement. He was sentenced to 2½ years in prison and received a bad conduct discharge from the Army.

A court martial for Lt. Bradley Havlik is scheduled Aug. 9 on charges including being an accessory to robbery. His attorney did not return a call for comment.

On the Net:

Fort Campbell: http://www.campbell.army.mil/

Williams' supporters: http://www.justiceforjim.com/


TOPICS: Extended News; Foreign Affairs; War on Terror
KEYWORDS: courtmartial; iraq; jameswilliams
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Please note that there is a web site and an email address if you want to support this soldier.
1 posted on 07/25/2004 4:49:16 AM PDT by Graybeard58
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To: Graybeard58

This is insane.


2 posted on 07/25/2004 4:52:44 AM PDT by AmericaUnited (It's time someone says the emperor has no clothes.)
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To: Graybeard58

Right!

Makes sense to me. Court martial the Sergeant for taking a vehicle in combat and allow the former National Security Advisor to walk the streets of DC after he took National Secrets.


3 posted on 07/25/2004 5:00:45 AM PDT by leadpenny
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To: Graybeard58

Right!

Makes sense to me. Court martial the Sergeant for taking a vehicle in combat and allow the former National Security Advisor to walk the streets of DC after he took National Secrets.


4 posted on 07/25/2004 5:01:26 AM PDT by leadpenny
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To: Graybeard58

One day, our soldiers will simply stand aside and do nothing. And what will happen then?


5 posted on 07/25/2004 5:12:06 AM PDT by neutrino (Hermes: God of trade and thieves.)
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To: neutrino
One day, our soldiers will simply stand aside and do nothing. And what will happen then?

Falluja.

6 posted on 07/25/2004 5:15:36 AM PDT by Aeronaut (There never was a bad man that had ability for good service. -- Edmund Burke)
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To: Aeronaut

LOL!


7 posted on 07/25/2004 5:18:28 AM PDT by elfman2
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To: Admin Moderator


I did a title search before posting this and found nothing. While reading articles I found it posted here under the title of:

Army Sergeant's Court-Martial Wins Hearts and Minds in Iraq, but Loses Some Back Home.

http://www.freerepublic.com/focus/f-news/1178059/posts

My post is a duplicate with a different title (I didn't change it)


8 posted on 07/25/2004 5:23:27 AM PDT by Graybeard58
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To: Graybeard58

Oh, so there are flying, dynamic, everchanging rules of war? Great idea!

Had this "war" been fought 50 yrs ago that son the the influential who-ever, his vehicle, his town, his city, his family WOULD NOT HAVE EVEN BEEN THERE! They would have been leveled, dead or fled!

Politically correct war is going to be a failure every time, trust me.


9 posted on 07/25/2004 5:50:28 AM PDT by TalBlack
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To: Graybeard58

Keep the damn lawyers out of the War or put them on the front lines!

The last thing we need is for a bunch of attorneys (and judges/courts) undermining the War. The libs are doing plenty of that already.


10 posted on 07/25/2004 5:54:39 AM PDT by TomGuy (After 20 years in the Senate, all Kerry has to run on is 4 months of service in Viet Nam.)
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To: neutrino; Aeronaut; leadpenny
The conflict in Iraq is different from past conflicts-- obviously, the nature of conflict has been evolving since the hoplites organized the phalanx.   A really big difference in Iraq is the introduction of combat legal specialists.  Please stop laughing--

True story:  during the air attack at the beginning of the invasion, the command center for picking targets for air attacks had-- along with the usual bunch of tacticians and other specialists for accessing risks versus gain per target--  a bunch of lawyers so they could also gather expert legal advice as to say, what the tort liability would be for annihilating this guy as opposed to exploding that guy. (re "The Iraq War: A Military History" Williamson Murray and Robert H. Scales Jr).

Roman legions didn't have combat medics, chaplains, press core-- these are all recent additions.  Now we have combat legal staff saying "Shoot the guy wearing the red sock-- oh $h!t, I meant the other guy with a red sock!"

11 posted on 07/25/2004 5:56:05 AM PDT by expat_panama
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To: Graybeard58

Why can't we pillage Iraq like everybody else does when they win a war? This PC stuff is only followed by the US.It will be our undoing.


12 posted on 07/25/2004 6:05:09 AM PDT by novacation
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To: Cannoneer No. 4

Just damn.


13 posted on 07/25/2004 6:14:15 AM PDT by FreedomPoster (hoplophobia is a mental aberration rather than a mere attitude)
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To: TomGuy

I would also look at the investigative agent(s)(US CID) I have known many of them in a professional manner, but some times I have seen a victim get charged wrongfully by an over-zealous agent of the politically correct mind-set.If the Sergeant's actions saved the lives of his men from a gathering hostile crowd intent on inflicting bodily harm, he was correct. I would rather be judged by twelve, then carried by six. I hope that the chips will fall in the right place. I hope that if this soldier's actions were honorable, that his chain of command will support him.(An Old Soldier)


14 posted on 07/25/2004 6:24:02 AM PDT by No Surrender No Retreat (These Colors Never Run( 7.62))
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To: neutrino
"One day, our soldiers will simply stand aside and do nothing. And what will happen then?"

Then we'll give them a blue helmut and welcome them to the UN.

15 posted on 07/25/2004 6:30:15 AM PDT by det dweller too
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To: Graybeard58

If this is true this is a gross miscarriage of justice. Why do I believe that some friggin "LAWYER" type is behind this?


16 posted on 07/25/2004 6:35:03 AM PDT by PISANO (NEVER FORGET 911 !!!!)
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To: Graybeard58

Please don't blame the lawyers. Blame Colin Powell's US Department of State, and the "hearts and minds" garbage that has been *killing* our servicemen.


17 posted on 07/25/2004 7:08:37 AM PDT by valkyrieanne
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To: valkyrieanne
The hearts and mind theory and the nanny state are one and the same. It doesn't work in this country and there is no reason it will work in other countries. The idea that gimmee is freedom and democracy is bullsh*t. Freedom is the individual standing on his own two feet and making decisions to better his own surroundings. We would have far less problems in Iraq if the people were busy rebuilding their country.

Instead we follow the hearts and minds theory, rush our favorite contractors over to do the heavy lifting while the Iraqis are idle. Idle people in any society get dissatisfied and we create our own problems in this manner. Our socialist leadership in all branches of government, including the military, need an attitude adjustment to what freedom really is. They have no clue.

18 posted on 07/25/2004 7:34:48 AM PDT by meenie
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To: No Surrender No Retreat
I would rather be judged by twelve, then carried by six

It doesn't work that way in the military. It works better most of the time.

Which brings up the point that the first guy was convicted by a military court martial, not a bunch of Democrats, or lawyers. Generally the Court is drawn from the accussed's own unit. An enlisted member may request a certain number of enlisted members for his/her court. Usually the JAG assigned as defense counsel will advise against that, because generally speaking senior enlisted will be more "hard core" than junior or mid level officers would be.

The point being that there may be more to the story than the Post's article reveals.

19 posted on 07/25/2004 7:41:34 AM PDT by El Gato (Federal Judges can twist the Constitution into anything.. Or so they think.)
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To: Graybeard58
"Williams, 37, is accused of carjacking at gunpoint a sport utility vehicle driven by the son of an influential sheik in Mosul, Iraq, in April 2003 -- less than a week before President Bush declared an end to major combat."

What a crock. After WW II, our Colonel was using a Mercedes which was carjacked liberated.

20 posted on 07/25/2004 7:47:27 AM PDT by ex-snook ("BUT ABOVE ALL THINGS, TRUTH BEARETH AWAY THE VICTORY")
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