Murderpedia has thousands of hours of work behind it. To keep creating
new content, we kindly appreciate any donation you can give to help
the Murderpedia project stay alive. We have many
plans and enthusiasm
to keep expanding and making Murderpedia a better site, but we really
need your help for this. Thank you very much in advance.
Soldier Sentenced to Life Without Parole for
Killing 16 Afghans
By Jack Healy - The New York Times
August 23, 2013
JOINT BASE LEWIS-McCHORD, Wash. — Staff Sgt. Robert
Bales, who pleaded guilty to slaughtering 16 Afghan civilians inside
their homes, will spend the rest of his life in prison, a military
jury decided on Friday.
The decision came after three days of wrenching
testimony that painted a moment-by-moment, bullet-by-bullet account of
one of the worst atrocities of the United States’ long war in
Afghanistan.
The six-member military jury considering Sergeant
Bales’s fate had two options: sentence him to life in prison with no
possibility of parole, or allow him a chance at freedom after about 20
years behind bars. His guilty plea in June removed the death penalty
from the table.
In pressing for mercy, the defense team said
Sergeant Bales had been a good soldier, a loving father and a stand-up
friend before snapping after four combat deployments to Iraq and
Afghanistan. But prosecutors said he was a man frustrated with his
career and family, easy to anger, whose rage erupted at the end of his
M-4 rifle.
“He liked murder,” a prosecutor, Lt. Col. Jay
Morse, said in closing arguments on Friday. “He liked the power it
gave him.”
In the end, the jury sided with that argument. It
deliberated for about 90 minutes before returning to a courtroom
packed with soldiers, relatives of Sergeant Bales, and nine Afghan men
and boys who had testified earlier in the week about the harm Sergeant
Bales had inflicted on them and their families.
As the sentence was read, an interpreter gave a
thumbs-up sign to the Afghans. On the other side of the courtroom,
Sergeant Bales’s mother wept, holding her face in her hands. Sergeant
Bales, 40, showed no reaction. He responded with polite “yes, sirs” to
the judge’s questions about his appellate rights, before being led
away.
He will be dishonorably discharged.
Outside the court, the Afghan villagers told
reporters that the sentence did little to ease their anger and loss.
Many wanted Sergeant Bales to be executed, and said his crimes
represented the barest fraction of the pain and death that Afghans
have endured over the last decade.
The men tugged at the maroon pants of a boy named
Sadiqullah, revealing a leg scarred and disfigured by bullet wounds.
“We came all the way to the U.S. to get justice,”
said Haji Mohammed Wazir, who lost 11 members of his family in the
massacre. “We didn’t get that.”
The killings took place in the Taliban stronghold
of Kandahar Province, in two villages that were little more than an
assortment of mud-walled homes, with no electricity or running water,
where residents cultivated wheat and other grains. On March 11, 2012,
after a night of drinking and watching movies with other soldiers,
Sergeant Bales slipped away from his combat outpost and set off toward
the villages.
What happened next was brought into vivid detail by
the testimony of the nine Afghan men and boys.
Wearing traditional Afghan shalwar kameez and
turbans as they faced a wall of crew cuts and crisp blue military
dress uniforms, the Afghans spoke in Pashto of this unknown American
who burst into their lives like a camouflaged grim reaper. They
recalled how he hit and kicked members of their family, gunned down
defenseless old men, mothers and children, and set their bodies on
fire.
Several American service members also testified to
the massacre’s outward ripples, describing how a wounded 7-year-old
girl named Zardana had to be taught to walk and use the bathroom
again, how Afghans seethed with outrage in the Panjwai district, and
how the American military had to suspend operations in the area after
the killings.
On Friday, prosecutors described Sergeant Bales as
a “methodical killer,” uncaring and unrepentant.
In a closing argument illuminated by graphic videos
and photos of the dead and wounded, Colonel Morse said Sergeant Bales
had shown no mercy to the Afghan families, and deserved none from his
military peers.
“Sergeant Bales not only had no remorse, but knew
everything he was doing,” Colonel Morse said. “He decides to take out
his aggression on the weak and the defenseless.”
Even as Emma Scanlan, a lawyer for Sergeant Bales,
asked jurors to grant him and his family “a sliver of light” with the
possibility of parole, she did not provide an explanation for the
murders. For months, his defense had suggested that post-traumatic
stress or a brain injury had played a part, but it did not present any
medical experts during the sentencing hearing. Even Sergeant Bales,
speaking to jurors on Thursday, balked when trying to explain his
actions.
All anyone could do was guess. In a letter read to
jurors on Friday, a former supervisor of Sergeant Bales said that the
heavy toll of combat tours, growing stress and personal problems
seemed to reach a critical mass that night in Kandahar.
“I believe he was finally overwhelmed by witnessing
the deaths and injuries of the soldiers he loved so much,” the officer
wrote. “The darkness that had been tugging at him for the last 10
years swallowed him whole.”
Guilty Plea by Sergeant in Killing of Civilians
By Kirk Johnson - The New York Times
June 5, 2013
JOINT BASE LEWIS-McCHORD, Wash. — Staff Sgt. Robert
Bales, the enigmatic figure at the center of the worst American war
crime in recent memory, admitted for the first time on Wednesday
deliberately killing 16 Afghan civilians last year, most of them women
and children.
He took the oath in a military court, swore to tell
the truth, and conceded in crisp “yes sirs” and “no sirs” every major
charge against him — that he shot some victims, and shot and burned
others, and did so with complete awareness that he was acting on his
own, without compunction or mercy or under orders by a superior Army
officer. The guilty plea removes the possibility of the death penalty
in the case.
But the curtain of enigma about the man himself,
and his descent into darkness and murder on the night of the killings,
remained firmly in place. The millions of Americans who have pondered
the mechanisms of atrocity since the attacks in March 2012 were left
in the dark. Even Sergeant Bales himself, finally pressed by the
presiding judge, Col. Jeffery Nance, to explain more deeply what
happened, seemed baffled.
“What was your reason for killing them?” Colonel
Nance finally asked.
Sergeant Bales, 39, seated at the defense table in
his blue service uniform, hands clasped before him — thumbs often
nervously twitching — said he had asked himself the same question “a
million times.”
“There’s not a good reason in this world for why I
did the horrible things I did,” he said.
Asked by Colonel Nance whether he had poured
kerosene on some of his victims and set them on fire as the charges
against him specified, Sergeant Bales said he remembered seeing a
kerosene lamp in one of the village compounds, and later found matches
in his pocket. But bodies themselves on fire? He did not remember
that, he said. Then he conceded that the cumulative evidence was clear
that it must have happened, and that he must, in fact, have done it.
“It’s the only thing that makes sense, sir,”
Sergeant Bales said.
Asked by the judge about his illegal use of
steroids, another charge Sergeant Bales admitted to on Wednesday, the
defendant said he had wanted to get stronger, or “huge and jacked,” as
he put in an interview quoted by the court. Asked by the judge what
other effects the drugs might have had, Sergeant Bales said: “Sir, it
definitely increased my irritability and anger.”
Whether those mood shifts played into the crime was
unaddressed.
The murders, in two poor villages in the Panjwai
district of Kandahar Province, had global repercussions. United
States-Afghan relations shuddered as villages in the area erupted in
protest. Critics of America’s decade of conflict in the region since
the terrorist attacks of Sept. 11, 2001, seized on the stresses
experienced in the war by soldiers like Sergeant Bales, who was on his
fourth overseas deployment in 10 years.
Victims testified in a pretrial, or Article 32,
hearing at the base last fall that a figure, cloaked in darkness with
blindingly bright lights on his weapon, burst into their homes early
on the morning of March 11, 2012. In gripping testimony via live video
feed from Afghanistan, they described a man they could not identify
who killed people in their beds, leaving brains on pillows.
Fellow soldiers told the court in the Article 32
hearing that they had been drinking together earlier that night,
against regulations, and that Sergeant Bales had later walked back
into the camp, wearing a cape, his clothes spotted with blood.
But until Wednesday, when Sergeant Bales used
phrases like, “then I did kill her by shooting her,” over and over in
numbing repetition, the figure at the center of the case was described
only obliquely and in shadow, from those who saw him or suffered at
his hands. And even then, in the parade of mostly monotone guilty
admissions, anyone waiting for tears of regret or remorse was
disappointed.
Even though Wednesday’s hearing removed the death
penalty from consideration in the case, Sergeant Bales still faces a
sentencing trial, scheduled for August, to determine whether he will
receive life in prison with the possibility of parole, or life without
parole.
At that time, Sergeant Bales and his lawyers could
present evidence of extenuating or mitigating circumstances, and
Sergeant Bales would have an opportunity to testify, the judge said.
That phase of the case is also likely to bring up questions of the
defendant’s life, character and mental states, and the stresses of the
wars he helped fight.
During his deployments, for example, Sergeant Bales
suffered foot and head injuries and saw fellow soldiers badly wounded,
defense lawyers and military officials have said. His lawyers have
also said he had suffered from post-traumatic stress and a traumatic
brain injury.
But his past includes an arrest on a misdemeanor
charge of assault on a woman, which was dropped after he completed
anger management counseling. Testimony about his drug and alcohol use
in a combat zone could play out further there as well, which could
open up questions about his mental state at the time of the murders,
but also about the environment and culture in the military where that
drug use took place.
Bales on Afghan village massacre: 'Sir, I
intended to kill them'
By Matt Pearce - Los Angeles Times
June 5, 2013
The U.S. Army staff sergeant accused of
slaughtering 16 Afghan civilians in two villages pleaded guilty
Wednesday in a move expected to spare him from the death penalty.
And when a military judge asked Robert Bales, 39,
why he slaughtered the men, women and children outside Camp Belambay
in southern Afghanistan on March 11, 2012, Bales gave his first and
only public explanation for the attack.
"Sir, as far as why: I've asked that question a
million times since then," said Bales, according to the Associated
Press. "There's not a good reason in this world for why I did the
horrible things I did."
Bales appeared in military uniform at Joint Base
Lewis-McChord outside Seattle, where his military tribunal is being
held.
Part of his plea deal with prosecutors involved a
requirement that he give an account of the killings and of burning the
villagers' bodies before returning to base with bloodstained clothing.
His initial recollection of the slaughter, which
was recalled to the court and to the Los Angeles Times in vivid detail
by the survivors, poured out in cold legalese.
"I left the VSP [Village Stability Platform at
Belambay] and went to the nearby village of Alkozai," Bales told the
judge, Col. Jeffery Nance, according to the AP. "While inside a
compound in Alkozai, I observed a female I now know to be Na'ikmarga.
I formed the intent to kill Na'ikmarga, and I did kill Na'ikmarga by
shooting her with a firearm. This act was without legal justification,
sir."
According to KOMO-TV, Nance asked Bales, "Did you
go there expecting to find them there?"
"Sir, I expected someone to be there," Bales said,
adding, "Sir, I intended to kill them."
Nance pressed Bales on his motives when Bales did
not initially offer them, and tried to pin down the staff sergeant on
whether he burned the bodies. Bales said he remembered seeing a
kerosene lantern and having matches in his pocket but didn't remember
setting the fire himself.
The judge pressed Bales on whether he set the
bodies on fire with the lantern, according to the AP, to which Bales
replied, "It's the only thing that makes sense, sir."
Six more residents were wounded in the attack,
which Bales' attorneys had previously argued was fueled by steroids,
alcohol and Bales' post-traumatic stress disorder.
The deal to avoid the death penalty may disappoint
some of the victims' family members, who previously told the Los
Angeles Times that Bales should be executed. (U.S. military
prosecutors initially sought the death penalty.)
"Hang him. That's what I want. Hang him from the
neck; let him dangle," Mohammed Wazir said in a 2012 interview. "Let
him sit in front of us. Let him look in our eyes. And we will look in
his eyes."
Wazir had returned from out of town with his
youngest son to find his mother, wife, six other children, brother,
sister-in-law and nephew dead.
"If your child dies, what would you expect? Money?
No," said Wazir, who denied taking the compensation that the U.S.
government offered to the victims of the massacre. "Will you expect
prison? We don't want prison.... If the court doesn't go the way we
want, we will not accept the decision of the court."
According to the Seattle Times, the tribunal's
judge, Nance, was reviewing Bales' plea Wednesday morning to make sure
Bales understood the consequences of the plea.
The session broke for a recess and was expected to
resume in the afternoon.
Soldier to admit Afghan massacre
Associated Press
May 30, 2013
SEATTLE (AP) — The Army staff sergeant charged with
slaughtering 16 villagers in one of the worst atrocities of the
Afghanistan war will plead guilty to avoid the death penalty in a deal
that requires him to recount the horrific attack for the first time,
his attorney told The Associated Press on Wednesday.
Staff Sgt. Robert Bales was "crazed" and "broken"
when he slipped away from his remote southern Afghanistan outpost and
attacked mud-walled compounds in two slumbering villages nearby,
lawyer John Henry Browne said.
But his client's mental state didn't rise to the
level of a legal insanity defense, Browne said, and Bales will plead
guilty next week.
The outcome of the case carries high stakes. The
Army had been trying to have Bales executed, and Afghan villagers have
demanded it. In interviews with the AP in Kandahar last month,
relatives of the victims became outraged at the notion Bales might
escape the death penalty.
"For this one thing, we would kill 100 American
soldiers," vowed Mohammed Wazir, who had 11 family members killed that
night, including his mother and 2-year-old daughter.
"A prison sentence doesn't mean anything," said
Said Jan, whose wife and three other relatives died. "I know we have
no power now. But I will become stronger, and if he does not hang, I
will have my revenge."
Any plea deal must be approved by the judge as well
as the commanding general at Joint Base Lewis-McChord, where Bales is
being held. A plea hearing is set for June 5, said Lt. Col. Gary
Dangerfield, an Army spokesman. He said he could not immediately
provide other details.
"The judge will be asking questions of Sgt. Bales
about what he did, what he remembers and his state of mind," said
Browne, who told the AP the commanding general has already approved
the deal. "The deal that has been worked out ... is they take the
death penalty off the table, and he pleads as charged, pretty much."
A sentencing-phase trial set for September will
determine whether Bales is sentenced to life in prison with or without
the possibility of parole.
Browne previously indicated Bales remembered little
from the night of the massacre, and he said that was true in the early
days after the attack. But as further details and records emerged,
Bales began to remember what he did, the lawyer said, and he will
admit to "very specific facts" about the shootings.
Browne would not elaborate on what his client will
tell the judge.
Bales, an Ohio native and father of two from Lake
Tapps, Wash., had been drinking contraband alcohol, snorting Valium
that was provided to him by another soldier, and had been taking
steroids before the attack. He slipped away from his remote southern
Afghanistan outpost at Camp Belambay early on March 11, 2012, and
attacked compounds.
Testimony at a hearing last fall established that
Bales returned to his base between attacking the villages, woke up a
fellow soldier and confessed. The soldier didn't believe him and went
back to sleep, and Bales left again to continue the slaughter.
Most of the victims were women and children, and
some of the bodies were piled and burned. The slayings drew such angry
protests that the U.S. temporarily halted combat operations in
Afghanistan. It was three weeks before American investigators could
reach the crime scenes.
Browne said his client, who was on his fourth
combat deployment, was suffering from post-traumatic stress disorder
and a traumatic brain injury. He continued to blame the Army for
sending him back to war in the first place.
"He's broken, and we broke him," Browne said.
The massacre raised questions about the toll
multiple deployments were taking on American troops. For that reason,
many legal experts believed it that it was unlikely that he would
receive the death penalty, as Army prosecutors were seeking. The
military justice system hasn't executed anyone since 1961.
The defense team, including military lawyers
assigned to Bales as well as Browne's co-counsel, Emma Scanlan,
eventually determined after having Bales examined by psychiatrists
that he would not be able to prove any claim of insanity or diminished
capacity at the time of the attack, Browne said.
"His mental state does not rise to the level of a
legal insanity defense," Browne said. "But his state of mind will be
very important at the trial in September. We'll talk about his mental
capacities or lack thereof, and other factors that were important to
his state of mind."
Browne acknowledged the plea deal could inflame
tensions in Afghanistan and said he was disappointed the case has not
done more to focus public opinion on the war.
"It's a very delicate situation. I am concerned
there could be a backlash," he said. "My personal goal is to save Bob
from the death penalty. Getting the public to pay more attention to
the war is secondary to what I have to do."
Sgt Robert Bales: The story of the soldier
accused of murdering 16 Afghan villagers
As the American soldier accused of the murder of 16
Afghan villagers arrives at a US military base in Kansas, Philip
Sherwell looks at the man who has plunged US-Afghan relations to a new
low.
By Philip Sherwell - Telegraph.co.uk
March 17, 2012
Robert Bales turned his back on civilian life as a
financial adviser in Ohio and signed up for the military after the
Sept 2001 terror attacks on the US.
He was a popular combat veteran, twice injured in
Iraq, described by a former platoon leader as "one of the best
soldiers I ever worked with" and who prided himself on identifying
"the bad guys from non-combatants".
Now, though, he has been identified as the US
soldier accused of last Sunday's massacre of 16 Afghan villagers, nine
of them children, in a predawn shooting and stabbing rampage.
The atrocity has plunged US-Afghan relations to a
new low, prompting "Death to America" protests in Afghanistan, and
fresh calls for the timetable for the 2014 withdrawal of American and
British forces to be accelerated.
As a commander and trained sniper in a front line
US infantry unit, Sgt Bales was no stranger to combat and the stress
it can produce in those who wage it. He had witnessed the bloodiest of
the fighting in Iraq in the years after the 2003 invasion, earning the
praise of his superiors, and was decorated a dozen times during three
tours of duty there.
Then in 2010, towards the end of his third
deployment, he suffered a minor traumatic brain injury after the
vehicle in which he was travelling rolled over. And last year to his
disappointment he was passed over for promotion, adding to money
worries back home.
But for Sgt Bales, 38, and his wife Karilyn, there
seemed at least one reason for optimism on the horizon. They
understood he had served his final tour in a war zone, and that they
and their two young children would soon move to a non-combat posting.
Instead, he was sent back to the front last
December, this time to Afghanistan. The consequences were more
dreadful than could have been imagined.
What emerged this weekend is a morality story for a
nation whose army has been at war for a decade, and at the centre of
it is a soldier who, despite an impressive military record, also had a
recent history of trauma, grievances and financial pressures.
For court records show another side to the
character of a man who was described by stunned neighbours as a loving
father and husband and "life of the party". In 2002, he underwent an
anger management assessment after he was charged with assault. And in
2008, witnesses said that he smelled of alcohol after he crashed his
car and ran off into nearby woods.
At home in Washington state, his wife was
struggling with the finances as she raised Quincy, four, and Bobby,
three. Only this month, they put their home up for sale as they had
fallen behind with their mortgage payments.
Sgt Bales, 38, a member of the 3rd Stryker Brigade,
2nd Infantry Division, was flown back on Friday evening to the
military's highest-security prison at Fort Leavenworth, Kansas, where
investigators will pore over his military evaluations, mental and
physical health records and computer logs as they draw up charges
against him.
An unnamed official briefed US media that Sgt Bales
buckled under a combination of work stress, marital strains and
alcohol, saying that he had been drinking in violation of military
rules.
But the shocking incident raises alarming questions
about his emotional and mental stability, and whether he had slipped
through the net of care at one of America's biggest bases and the
pressures of repeat deployments to combat zones.
John Browne, his lawyer, dismissed reports of
domestic problems as "hogwash" but said Sgt Bales had experienced
post-traumatic stress disorder stemming from his deployments and had
his head injury in Iraq.
He also had seen one of his fellow soldiers lose
his leg in an explosion hours before he allegedly committed the
massacre.
Sgt Bales and his wife lived at Lake Tapps in
Washington state, about a 20-minute drive east of his base at Lewis-McChord
near Tacoma in the Pacific North West.
Home there was a modest two-story beige wood-frame
house with a small front porch beneath tall fir and cedar evergreens
in a neighbourhood popular with military families.
But three days before the shooting in Afghanistan,
Mrs Bales contacted Philip Rodocker, an estate agent, to say that she
wanted to sell their house. The property was listed for $229,000,
about a $50,000 loss on what the family paid for it in 2005 and less
than they owed the bank."She told me she was behind in payments," Mr.
Rodocker said. "She said he was on his fourth tour and (the house) was
getting kind of old and they needed to stabilise their finances."
The house "looked like it had been really, really
neglected," he added.
Mrs Bales and her children were moved into
accommodation on the army base last week, to protect her from the
inevitable media scrutiny as well as the danger of revenge attacks.
Boxes, toys, a sledge and a barbecue grill were piled on the front
porch this weekend, collected by Mrs Bales as she prepared for the
move.
"We are completely in shock," said Kassie Holland,
27, a next-door neighbour. "They seemed very happy, he was the life of
the party and great with the kids. I can't see how this can have
happened."
His commanders also evidently had no doubts about
his capabilities. Staff sergeants are the backbone of a fighting unit,
providing support to their officers and bolstering morale of the
troops. And to qualify as a sniper – a position that all but
guarantees a close acquaintanceship with killing – he also underwent
and passed routine psychological screening assessments.
Sgt Bales offered his own insights on the war in
Iraq after he fought in a battle in the city of Najaf in 2007 in which
250 enemy fighters died, in clashes described by some participants as
"apocalyptic."
"I've never been more proud to be a part of this
unit than that day," he said afterwards in a testimony collected for a
military training college. "We discriminated between the bad guys and
the non-combatants and then afterward we ended up helping the people
that three or four hours before were trying to kill us.
"I think that's the real difference between being
an American as opposed to being a bad guy, someone who puts his family
in harm's way like that."
Speaking of the intensity of the battle, he added
that "the cool part about this was World War II-style. You dug in.
Guys were out there digging a fighting position in the ground."
That vivid account is evidently one that the US
military would prefer the public no longer to read. The link to the
website that carried it was removed last week, but the article was
still available in other archives.
Comrades have been quick to come to the support of
the soldier they had known before Sunday. Capt Chris Alexander, his
platoon leader in Iraq, said in an interview on Friday night that the
sergeant "saved many a life" by never letting down his guard during
patrols.
"Bales is still, hands down, one of the best
soldiers I ever worked with," he said. "There has to be very severe
[post-traumatic stress disorder] involved in this. I just don't want
him seen as some psychopath, because he is not."
But public records show two brushes with the law
after he moved to Washington. He was ordered by a judge in 2002 to
undergo anger-management counselling for an alleged assault on a
girlfriend in a hotel. And in 2008, he was arrested after he drove his
car off a road and into a tree, then fled the scene. Witnesses told
police that he was bleeding, disoriented and smelled of alcohol, but
he was not charged with drunk driving.
He was deployed three times to Iraq: between 2003
and 2004 as anti-US resistance erupted; for 15 months between June
2006 and September 2007, at the height of the brutal civil war and the
beginning of what became known as the surge; and for a year from
August 2009. As well as the head injury in that final tour, his lawyer
said that he had also lost part of his foot in a separate incident.
The massacre has focused attention on the care and
vetting given to soldiers who have gone through multiple tours and, in
Sgt Bales' case, suffered a brain injury on deployment.
Joint Base Lewis-McChord has come under scrutiny
because of a string of problems. Most notably, rogue soldiers from
another Stryker brigade formed a "kill unit" and murdered three Afghan
civilians in 2010, and the Army recently opened an investigation into
complaints that diagnoses of post-traumatic stress disorder were being
changed or dismissed by the base's medical centre.
Some veteran groups have argued that the base,
which is home to 40,000 soldiers, is unable to handle the pressures of
repeated deployments. In 2010, Sgt Bales was among 18,000 personnel
who returned there from war zones over just a few weeks. Commanders
however insisted on Friday that facilities at Lewis-McChord were not
overwhelmed.
Why Sgt Bales snapped in the early hours of last
Sunday remain unclear for now; officials say he appears to have only
vague recollections of the incident.
But as he stands suspected of perhaps the worst
single atrocity committed by a US serviceman in the last decade of
foreign wars, a recent US military press release about a simulated
Afghan "hearts and minds" operations in California's Mojave desert has
a chilling poignancy.
"How's the security affecting your family?" Sgt
Bales asked a "village elder" relaxing outside his home. "Much better
than yesterday," the man replies the man.
The release goes on to state that Sgt Bales'
company had successfully secured the village to rebuild relations with
local population. In the words of his commander, "it represents the
finest of everything the Army presents."
Nobody, it seems, envisaged that Sgt Bales might
ever come to represent anything else.
The Kandahar massacre, more precisely
identified as the Panjwai massacre, occurred in the early hours of 11
March 2012, when sixteen civilians were killed and six others wounded
in the Panjwayi District of Kandahar Province, Afghanistan. Nine of
the victims were children, and eleven of the dead were from the same
family. Some of the corpses were partially burned. United States Army
Staff Sergeant Robert Bales was taken into custody later that morning
when he told authorities "I did it".
American and International Security Assistance
Force (ISAF) authorities apologized for the deaths. Afghan authorities
condemned the act, describing it as "intentional murder". The National
Assembly of Afghanistan passed a resolution demanding a public trial
in Afghanistan, but former U.S. Secretary of Defense Leon Panetta said
the soldier would be tried under U.S. military law. Bales pleaded
guilty on 5 June 2013 to 16 counts of premeditated murder in exchange
for the prosecution not seeking the death penalty. At the time of the
plea, he stated that he did not know why he committed the murders.
United States authorities concluded that the
killings were the act of a single individual. On 15 March 2012, an
Afghan parliamentary probe team made up of several members of the
National Assembly of Afghanistan had speculated that up to 20 American
soldiers were involved in the killings. The team later said they could
not confirm claims that multiple soldiers took part in the killings.
Background
The Surge in the southern Afghanistan
Panjwai is the birthplace of the Taliban movement
and has traditionally been a stronghold of theirs. It has been an area
of heavy fighting and was the focus of a military surge in 2010, which
brought a more than two-fold increase in airstrikes, night raids into
Afghan homes, insurgent casualties, and a six-fold increase in special
forces operations throughout Afghanistan. Fighting in Panjwai and
adjacent Zhari, Arghandab and Kandahar districts was particularly
intense. Conflict between the civilian population and U.S. forces was
exacerbated by the wholesale destruction of some villages by American
forces, mass arrests, murder of civilians by rogue units, and high
casualties from improvised explosive devices (IEDs).
One of the families targeted in the Kandahar
shootings had returned to the area in 2011 after previous being
displaced by the surge. Fearing the Taliban but encouraged by the U.S.
government, the Army, and the Afghan government, they settled near the
American military base because they thought it would to be a safe
place to live.
Approximately three weeks before the incidents,
U.S.–Afghan relations were strained by an incident where copies of the
Quran were burnt at the Bagram Air Base. A couple months before the
shootings, U.S. Marines were videotaped urinating on dead Taliban
fighters.
Allegation of issues at Fort Lewis
The alleged shooter, Robert Bales, was based at
Joint Base Lewis-McChord (JBLM). The primary medical treatment
facility at the base, Madigan Army Medical Center, has come under
investigation for downgrading diagnoses of soldiers with PTSD to
lesser ailments. Military support groups around the base have alleged
that base commanders did not give returning troops sufficient time to
recover before sending them on further deployments, and that the
base's medical staff is understaffed and overwhelmed by the numbers of
returning veterans with deployment-related medical and psychological
trauma.
Soldiers from the base have been linked to other
atrocities and crimes. The 2010 Maywand District murders involved JBLM-based
soldiers. Also in 2010, a recently discharged AWOL soldier from JBLM
shot a police officer in Salt Lake City. In April 2011, a JBLM soldier
killed his wife and 5-year-old son before killing himself. In January
2012, a JBLM soldier murdered a Mount Rainier National Park ranger. In
two separate incidents, unrelated JBLM soldiers have been charged with
waterboarding their children.
Jorge Gonzalez, executive director of a veterans
resource center near Fort Lewis, said that the Kandahar killings offer
more proof that the base is dysfunctional: "This was not a rogue
soldier. JBLM is a rogue base, with a severe leadership problem", he
said in a statement. Base officials responded, saying that the crimes
committed by its soldiers were isolated events which do not "reflect
on the work and dedication of all service members." Robert H. Scales
opined that conditions at JBLM were not necessarily an underlying
factor in the shootings, instead suggesting that it was the ten years
of constant warfare in Iraq, Afghanistan, and elsewhere, and the
repeated deployments required of the U.S.'s over-tasked military.
8 March roadside bombing
Residents of Mokhoyan, a village about 500 metres
east of Camp Belamby, stated that a bomb had exploded in their
vicinity on 8 March, destroying an armored vehicle and wounding
several U.S. soldiers. They recounted that U.S. soldiers afterwards
lined many of the male villagers against a wall, threatening to "get
revenge for this incident by killing at least 20 of your people," and
threatening that "you and your children will pay for this". One
Mokhoyan resident told The Associated Press "It looked like they were
going to shoot us, and I was very afraid." He continued, "Then a NATO
soldier said through his translator that even our children will pay
for this." American officials from The Pentagon declared that they had
"no evidence" that villagers had been lined up against a wall and
threatened in Mokhoyan. U.S. officials refused to confirm or deny that
American soldiers were wounded outside the village on 8 March.
Bales' lawyer, John Henry Browne, later stated that
his client was upset because a fellow soldier had lost a leg in an
explosion on 9 March. It is unclear whether the bombing cited by
Browne was the same as the one described by the villagers.
Incident
Killings
According to official reports, a heavily armed male
American soldier left combat outpost Camp Belamby at 3:00 a.m. local
time wearing night vision goggles. The soldier was wearing traditional
Afghan clothing over his ISAF fatigues.
According to government officials with knowledge of
the investigation, the killings were carried out in 2 phases, with the
killer returning to base in between. An Afghan guard reported a
soldier returning to base at 1:30 am, and another guard reported a
soldier leaving at 2:30 am. The killer is believed to have first gone
to Alkozai, about 1/2 mile north of Camp Belambay, then to Najiban
(called Balandi in earlier reports), located 1 1/2 miles south of the
base. Four people were killed and six wounded in Alkozai, and 12
people were killed in Najiban. American sentries at the base heard
gunshots in Alkozai, but did not take action besides attempting to
view Alkozai from their post inside the base. Until 22 March, U.S.
authorities recognized sixteen people killed, including nine children,
four men, and three women. On 22 March that number was revised to 17,
but later reduced back to 16. It was initially reported that five
others were injured, and that number was eventually increased to six.
Four members of the same family were killed in
Alkozai. According to a 16-year-old boy who was shot in the leg, the
soldier woke up his family members before shooting them. Another
witness said she saw the man drag a woman out of her house and
repeatedly hit her head against a wall.
The first victim in Najiban appears to have been
Mohammad Dawood. According to Dawood's brother, the assailant shot
Dawood in the head, but spared Dawood's wife and six children after
the wife screamed at him.
Eleven members of Abdul Samad's family were killed
in a house in Najiban village, including his wife, four girls between
the ages of 2 and 6, four boys between 8 and 12, and two other
relatives. According to a witness, "he dragged the boys by their hair
and shot them in the mouth". At least three of the child victims were
killed by a single shot to the head of each. Their bodies were then
set on fire. Then another civilian, Mohammad Dawoud, age 55, was
killed in another house in this village. Witnesses reported that the
perpetrator was wearing a headlamp and/or a spotlight attached to his
weapon.
The perpetrator burned some of the victims' bodies,
an act that would be considered desecration under Islamic law.
Witnesses said that the eleven corpses from one family were shot in
the head, stabbed, and then gathered into one room and set on fire. A
pile of ashes was found on the floor of one victims' house; at least
one child's body was found partially charred. A reporter for The New
York Times inspected the bodies that had been taken to the nearby
American military base and confirmed seeing burns on some of the
children's legs and heads.
Casualties
Killed
Mohamed Dawood (son of Abdullah)
Khudaydad (son of Mohamed Juma)
Nazar Mohamed
Payendo
Robeena
Shatarina (daughter of Sultan
Mohamed)
Zahra (daughter of Abdul Hamid)
Nazia (daughter of Dost Mohamed)
Masooma (daughter of Mohamed Wazir)
Farida (daughter of Mohamed Wazir)
Palwasha (daughter of Mohamed Wazir)
Nabia (daughter of Mohamed Wazir)
Esmatullah, age 16 (son of Mohamed
Wazir)
Faizullah, age 9 (son of Mohamed
Wazir)
Essa Mohamed (son of Mohamed
Hussain)
Akhtar Mohamed (son of Murrad Ali)
Wounded
Haji Mohamed Naim (son of Haji Sakhawat)
Mohamed Sediq (son of Mohamed Naim)
Parween
Rafiullah
Zardana
Zulhe
Surrender and confession
Following the events at Alkozai and Balandi, a U.S.
soldier handed himself over into ISAF custody. Afghan forces spotted
him leaving his outpost before the killings and U.S. commanders on
base assembled their troops for a head count when it was discovered
that the soldier was missing. A patrol was dispatched to find the
missing soldier, but did not find him before he returned to base after
the killings. He was reportedly taken into custody without incident.
There were no military operations being conducted in the area at the
time of the shootings.
The surveillance video from the base reportedly
shows "the soldier walking up to his base covered in a traditional
Afghan shawl. The soldier removes the shawl and lays his weapon on the
ground, then raises his arms in surrender." The video has not been
released to the public.
American investigators suspect that the shooter may
have departed the base before midnight, committed the murders in
Balandi, then returned to the base around 1:30 a.m. The shooter may
have then departed the base at 2:30 a.m. and committed the murders in
Alkozai. It was apparently the second departure which caused the alert
and the commencement of the patrol to locate the missing soldier.
According to U.S. defense officials, upon his
return to the base the soldier said three words: "I did it" and then
told individuals what happened. Later the shooter retained a lawyer
and refused to speak further with investigators. The United States
flew the alleged shooter out of Afghanistan to Kuwait on 14 March
2012, then to the United States Disciplinary Barracks at Fort
Leavenworth in Kansas on 16 March. A Pentagon spokesman said the move
was done because of a "legal recommendation".
The number of assailants
According to U.S. authorities, the attack was
conducted by a single soldier – Staff Sergeant Robert Bales. The U.S.
military showed Afghan authorities the footage from the surveillance
video at the base as proof that there was only one perpetrator of the
shootings.
According to Reuters, some neighbors and relatives
of the dead saw a group of U.S. soldiers arrive at their village at
about 2 a.m., enter homes and open fire. "They were all drunk and
shooting all over the place," said neighbor Agha Lala.
According to The New York Times, one of the
attack's survivors and "at least five other villagers" described
seeing a number of soldiers, while some other Afghan residents
described seeing only one gunman.
One mother-of-six, whose husband was killed during
the incident, reported involvement of a large number of people: "When
they shot dead my husband, I tried to drag him into the house... I saw
more than 20 people when I looked out the house. The Americans pointed
their guns at me and threatened me, telling me not to leave the house
or they'd kill me."
An eight-year-old girl named Noorbinak, whose
father was killed reported that "one man entered the room and the
others were standing in the yard, holding lights." The brother of
another victim claimed his nephews and nieces had seen "numerous
soldiers" with headlamps and lighted guns. Some elected officials said
that they believed the attack was planned, claiming that one soldier
could not have carried out such an act without help. In response,
Afghan President Hamid Karzai appointed General Sher Mohammad Karimi
to investigate the claims.
On 15 March 2012, an Afghan parliamentary probe
team made up of several members of the National Assembly of
Afghanistan announced that up to 20 American soldiers were involved in
the killings, with support from two helicopters. They had spent two
days in the province on site, interviewing the survivors and
collecting evidence. One of the members of the probe team, Hamizai
Lali, said: "We closely examined the site of the incident, talked to
the families who lost their beloved ones, the injured people and
tribal elders... The villages are one and a half kilometre from the
American military base. We are convinced that one soldier cannot kill
so many people in two villages within one hour... [the victims] have
been killed by the two groups." Lali asked the Afghan government, the
United Nations and the international community to ensure the
perpetrators were punished in Afghanistan. While visiting one of the
affected villages, Hamid Karzai pointed to one of the villagers and
said: "In his family, in four rooms people were killed – children and
women were killed – and then they were all brought together in one
room and then set on fire. That, one man cannot do." However, the team
later said they could not confirm that multiple soldiers took part in
the killings.
Financial payments of victims family
On 25 March 2012 at the office of the governor of
Kandahar province, the United States gave a the equivalent of
US$860,000 to the victims' families, allocated as $50,000 for each
person killed and $10,000 for each person injured. The official who
disbursed payments to the families said the money was not
compensation, but rather the U.S. government's offering to help the
victims and their families. A member of the Kandahar provincial
council described the payments as assistance, but not as the kind of
legal compensation that would absolve the accused.
Robert Bales
The Army alleged that Robert Bales, a 38-year-old
United States Army Staff Sergeant stationed at Camp Belambay, was the
only person responsible for the shootings. According to Defense
Secretary Leon Panetta, immediately after being captured, Bales
acknowledged the killings and "told individuals what happened".
However, he quickly asked for an attorney and refused to speak with
investigators about his motivations. Later, Bales' civilian attorney,
John Henry Browne, stated: "I don't know that the government is going
to prove much. There's no forensic evidence. There's no confessions".
Family and military career
Bales grew up in Norwood, Ohio, a suburb of
Cincinnati. After high school, he studied at Ohio State University but
did not graduate. After leaving college in 1996, Bales worked for a
number of financial services firms. In 2003, an arbitrator found Bales
liable for financial fraud in the handling of a retirement account and
ordered Bales to pay $1.4 million in damages. The victim said he
"never got paid a penny" of the award.
Bales enlisted in the Army two months after the
September 11 attacks and was assigned to 2d Battalion, 3d Infantry of
the 3rd Stryker Brigade, 2d Infantry Division from Fort Lewis. While
working as an infantryman Bales received additional training as a
sniper. He completed a total of three tours in the Iraq War, spanning
2003-2004 (12 months), 2006-2007 (15 months), and 2009-2010 (10
months). In the 2007 tour, he reportedly injured his foot and
participated in the Battle of Najaf. During the 2010 tour, he was
treated for traumatic brain injury after his vehicle rolled over in an
accident. During Bales' military service, he had received a number of
honours: the Army Commendation Medal with a silver oak leaf cluster,
the Army Achievement Medal, and the Army Good Conduct Medal with three
Good Conduct Loops.
While stationed at Fort Lewis, Bales had minor
run-ins with law enforcement. In 2002, he got in a fight with a
security guard at a Tacoma area casino; he was charged with
misdemeanor "criminal assault", but charges were dismissed after he
paid a small fine and attended anger management classes. A drunken
confrontation outside of a bar in 2008 led to a police report, but no
charges.
Bales had no history of behavioral problems. He
passed the mental health screening required to become a sniper in
2008. In 2010, he suffered a concussion in a car accident. He went
through the advanced traumatic brain injury treatment at Fort Lewis
and was deemed to be fine. Investigators examining his medical history
described his 10-year Army career as "unremarkable" and found no
evidence of serious traumatic brain injury or post-traumatic stress.
According to officials, Bales may have been having
marital problems, and the investigation of the shootings is looking
into the possibility that an e-mail about marriage problems might have
provoked Bales. His wife wrote on her blog about her disappointment
after he was passed over for a promotion to Sergeant First Class
(E-7). The family was also struggling with finances, and three days
before the shootings Bales' wife put their home up for sale, as they
had fallen behind with mortgage payments.
Shooting and legal defense
A senior American official said that Bales had been
drinking alcohol with two other soldiers on the night of the
shootings, which is a violation of military rules in combat zones.
This account was later confirmed by the Pentagon. A high-ranking U.S.
official told The New York Times: "When it all comes out, it will be a
combination of stress, alcohol and domestic issues - he just snapped."
There were no reports that he knew any of the victims.
Noted Seattle attorney John Henry Browne, who
represented serial killer Ted Bundy among others, will defend Bales
alongside military lawyers. Browne, who was retained by the sergeant's
family, described Bales as a "mild-mannered" man and told reporters:
"I think the message for the public in general is that he's one of our
boys and they need to treat him fairly." Browne stressed that his
client had been upset by seeing a friend's leg blown off the day
before the killings, but held no animosity toward Muslims. The
incident was not confirmed by the U.S. Army.
Browne denied that the deadly rampage was caused by
alcohol intoxication or marriage problems and said that Bales was
"reluctant to serve". Browne criticized anonymous reports from
government officials, stating "the government is going to want to
blame this on an individual rather than blame it on the war." He said
that the sergeant's wife has "a very good job", noting that he was
being paid, not working on this case pro bono.
According to Gary Solis, an expert on war crimes
and the military justice system, an insanity defense is likely: "It's
hard to say whether the case will even go to trial because in war
crimes like this it's very possible that there will be ... an insanity
defense, that he is unable to recognize the wrongfulness of his act
because of a severe mental disease or injury". Under the U.S. military
legal code, the death penalty is possible but requires personal
presidential sign-off. Six military members are currently on death
row, but none has been executed since Private First Class John A.
Bennett was hanged in 1961.
On 16 March, Bales was flown from Kuwait to the
Midwest Joint Regional Correctional Facility at Fort Leavenworth in
Kansas, which is described by the Army officials as a
state-of-the-art, medium/minimum custody facility. Bales is being held
in special housing in his own cell and is able to go outside the cell
"for hygiene and recreational purposes", according to Army Col. James
Hutton, chief of media relations. The sudden transfer from Kuwait was
reportedly caused by a diplomatic uproar with Kuwaiti government,
which learned of the sergeant's move to an American base on Kuwaiti
territory only from news reports and not from the U.S. government.
"When they learned about it, the Kuwaitis blew a gasket and wanted him
out of there," an official said.
Prior to the release of Bales' name, the U.S.
military erased references of him from military websites. Photographs
of him were removed and an article that quoted him extensively
regarding a 2007 firefight was removed from his base's newspaper.
Cached versions of the information remained accessible on the Internet
and were published by news organizations. Officials commented that the
removals were intended to protect the privacy of the Bales family.
On 23 March 2012, the U.S. government charged Bales
with 17 counts of murder, six counts of attempted murder, and six
counts of assault. On 24 March 2012, American investigators said they
believe Bales split the killings in the villages of Balandi and
Alkozai into two attacks, returning to Camp Belamby after the first
attack before slipping out again an hour later. No other U.S. military
persons have been disciplined for having any role in the incident.
On 1 June 2012, the U.S. Army dropped one of the
murder charges, saying one of the victims had been counted twice. The
reduction was made after "extensive interviews of family members" to
confirm the number killed, said Lieutenant Colonel Gary Dangerfield.
However, additional charges were filed against Bales on the same date.
The charges included abuse of steroids, alcohol consumption, burning
corpses, attempting to destroy evidence, and assaulting an Afghan man
the month before the massacre. The number of assault charges was also
raised from six to seven; the seventh charge being for an unrelated
incident in February 2012. The first phase of trial, an Article 32
hearing, was scheduled to begin November 5, 2012 at Joint Base Lewis-McChord.
Several of the Afghan witnesses were expected to testify via video
teleconference. Bales was represented by John Henry Browne.
The preliminary hearing, which began on 5 November
2012 at Joint Base Lewis-McChord, the Washington state base south of
Seattle, included nighttime sessions on 9, 10 and 11 November 2012 for
the convenience of eyewitnesses and victims who testified through a
video link from Afghanistan. Bales did not testify. Closing arguments
from US Army prosecutors and Bales' attorney were made on 13 November
2012. After making their closing arguments US Army prosecutors asked
an investigative officer to recommend a death penalty court-martial
for Bales. It was subsequently decided that the government would
pursue the death penalty.
On May 29, 2013, it was reported that Bales would
agree to plead guilty and recount the events of the massacre in
exchange for avoiding the death penalty, which military prosecutors
had said they would seek.
On 5 June, Bales plead guilty to 16 counts of
premeditated murder. When asked "What was your reason for killing
them?" he said he had asked himself that question "a million times"
and added "There’s not a good reason in this world for why I did the
horrible things I did". He said he did not remember setting bodies on
fire, but said he must have done so given the evidence. Bales also
plead guilty to use of illegal steroids to get "huge and jacked". He
said the drug made him angry and prone to mood swings, but did not
specify if they played a role in the murders. A sentencing trial was
set for August to determine whether Bales would received a life
sentence with the possibility of parole, or one without the
possibility.
Reactions
Reaction from family members and Afghan society
A woman who lost four family members in the
incident said, "We don't know why this foreign soldier came and killed
our innocent family members. Either he was drunk or he enjoyed killing
civilians." Abdul Samad, a 60-year old farmer who lost 11 family
members, eight of whom were children, spoke about the incident: "I
don't know why they killed them. Our government told us to come back
to the village, and then they let the Americans kill us." One grieving
mother, holding a dead baby in her arms, said, "They killed a child,
was this child the Taliban? Believe me, I haven't seen a 2-year-old
member of the Taliban yet."
"I don't want any compensation. I don't want money,
I don't want a trip to Mecca, I don't want a house. I want nothing.
But what I absolutely want is the punishment of the Americans. This is
my demand, my demand, my demand and my demand," said one villager,
whose brother was killed.
More than 300 Panjwai locals gathered around the
military base to protest the killings. Some brought burned blankets to
represent those killed. In one house, an elderly woman screamed: "May
God kill the only son of Karzai, so he feels what we feel." On 13
March, hundreds of university students protested in Afghanistan's
eastern city of Jalalabad, shouting "Death to America – Death to Obama"
and burning effigies of the U.S. president and a Christian cross. On
15 March about 2,000 people took part in another protest, in the
southern province of Zabul.
Reaction from Afghan authorities
The President of Afghanistan, Hamid Karzai, called
the incident "intentional murder" and stated "this [was] an
assassination, an intentional killing of innocent civilians and cannot
be forgiven." He said the United States must now pull back its troops
from village areas and allow Afghan security forces to take the lead
in an effort to reduce civilian deaths.
On 16 March Afghan President said the U.S. was not
fully co-operating with a probe into the killings. He also said the
problem of civilian casualties at the hands of NATO forces "has been
going on for too long ... It is by all means the end of the rope
here". A spokesperson for the Afghan Interior Ministry condemned the
act "in the strongest possible terms."
Afghan politicians wanted Bales to face an Afghan
court. The National Assembly of Afghanistan insisted that the U.S.
soldier be put on public trial in Afghanistan: "We seriously demand
and expect that the government of the United States punish the
culprits and try them in a public trial before the people of
Afghanistan." It also condemned the killings as "brutal and inhuman"
and declared that "people are running out of patience over the
ignorance of foreign forces." Abdul Rahim Ayobi, a member of
parliament from Kandahar, said the shooting "gives us the message that
now the American soldiers are out of the control of their generals."
Kamal Safai, a member from Kunduz, said that while it was the act of a
single man, "the public reaction will blame the government of America,
not the soldier."
Reaction from U.S. and Nato
American and ISAF forces apologized and promised a
full investigation, with Secretary of Defense Leon Panetta stating
that the soldier "will be brought to justice and be held accountable"
and that the death penalty "could be a consideration." U.S. president
Barack Obama called the incident "absolutely tragic and heartbreaking"
but noted that he was "proud generally" of what U.S. troops have
accomplished in Afghanistan. Obama said the incident did not represent
the "exceptional character" of the American military and the respect
that the United States had for the people of Afghanistan.
On 13 March, he said, "the United States takes this
as seriously as if it were our own citizens and our own children who
were murdered. We’re heartbroken over the loss of innocent life. The
killing of innocent civilians is outrageous and it’s unacceptable." In
response to a reporter asking whether the killings could be likened to
the 1968 My Lai massacre of civilians by U.S. forces in South Vietnam,
Obama replied, "It's not comparable. It appeared you had a lone gunman
who acted on his own."
General John R. Allen, commander of the ISAF,
issued an apology as well. Adrian Bradshaw, the deputy commander of
the NATO forces in Afghanistan, apologized "I wish to convey my
profound regrets and dismay... I cannot explain the motivation behind
such callous acts, but they were in no way part of authorised ISAF
military activity." A "rapid and thorough" inquiry was promised. U.S.
officials said the killings would not affect their strategies in the
area.
Reaction from the Taliban
The Taliban said in a statement on its website that
"sick-minded American savages" committed the "blood-soaked and
inhumane crime." The militant group promised the families of the
victims that it would take revenge "for every single martyr". The
Taliban also accused Afghan security officials of being complicit in
the attack. The militant group called off peace talks in the wake of
the deadly rampage. On 13 March, the Taliban launched an attack on an
Afghan government delegation which was visiting the site of the
killings, killing one government soldier and injuring three.