Lawsuit: U.S. soldier killed by Afghan security employee who made threats

Rudy Acosta was just weeks away from coming home to Santa Clarita from his deployment overseas when he and a group of unarmed soldiers were ambushed. Two soldiers died and three others were injured.

That's according to a wrongful death lawsuit filed by his parents in July.

Pfc. Acosta was 19 when he was killed in March 2011 inside a secure area of the Forward Operating Base Frontenac in Afghanistan.


Read the original story on NBCLosAngeles.com.

The combat medic was shot to death on base by an Afghan national hired to protect the military -- a man who had previously allegedly threatened to kill U.S. troops, according to the lawsuit filed by Dante and Carolyn Acosta in federal court.

"We lost our oldest son. We lost a bright, funny, charismatic 19-year-old young man with a bright future. He wanted to be a surgeon," Dante Acosta, Rudy's father, said.

The Acostas are suing the private security company, Tundra Group, based in Canada, saying that the firm rehired Shir Ahmed after previously firing him for making the threats.

According to the lawsuit, Ahmed was hired in May 2010 and fired in July of the same year after making statements about killing U.S. personnel. Tundra recommended he not be rehired but the recommendation never entered his file and Ahmed was rehired in March 2011, the lawsuit claims.

What's leading Afghan troops to turn on coalition forces?

The Acostas' Los Angeles attorney, Stuart Fraenkel, said Ahmed was given body armor and a loaded AK-47 weapon.

The lawsuit states that Tundra entered into an agreement with the American government in November 2009 to "among other things, screen, evaluate and monitor private security guards at nine military installations, including FOB Frontenac. The agreement required Tundra perform ordinary and necessary safety precautions to protect the men and women, living, working and servicing at FOB Frontenac."

"They have customs, practices, procedures, protocols in place to prevent this kind of a problem from happening and they didn't follow them," said Fraenkel, who is also representing three others injured in the attack.

The plaintiffs are seeking unspecified punitive damages.

The incident is among those considered by the government as "green on blue" or "insider" attacks, which have been a major focus in Afghanistan this summer. The attacks occur when members of the Afghan National Security Forces turn their guns on coalition members.

Panetta intervenes after 10th US service member killed in 2 weeks in Afghanistan

According to a U.S. Department of Defense spokesman, there have been three such incidents involving private security contractors.

There have also been 32 other green-on-blue attacks so far this year -- 11 more than all of 2011 -- the Defense Department spokesman said in an email. Since 2007, there have been a total of 73 "insider" attacks resulting in dozens of deaths and over 100 U.S. personnel injured.

Just in the month of August 2012, there have been 10 insider attacks that killed 10 Americans, the Associated Press reported Thursday.

That is in part why the Acostas vow to continue their fight.

"They need to be held accountable, or this could happen again," Carolyn Acosta said.

The Acostas say Tundra has not contacted them since their son's death. Tundra did not respond to NBC4's request for comment.

The House Armed Services Committee, led by Chairman Howard "Buck" McKeon, R-Calif., held two hearings on "insider" attacks, including one specifically about Rudy Acosta in February.

Rep. Duncan Hunter, R-Calif., sent a letter to McKeon asking for another hearing on insider attacks, or "at the very least request a briefing by the proper Department of Defense officials." No hearing has been scheduled at this time.

On Thursday, a top U.S. commander in Afghanistan said that the recent rise in insider killings can be attributed in part to stress on Afghan forces from fasting during the just-ended Muslim holy month of Ramadan, the Associated Press reported.

But that doesn't explain what happened in Acosta's killing.

Since his death, procedures for U.S. troops in Afghanistan have changed. Troops have now been ordered to carry their weapons loaded at all times to counter any such attacks.

US forces in Afghanistan ordered to keep weapons loaded at all times

Fraenkel said he believes Tundra continues to perform services for the U.S. government.

The lawsuit states that Rudy Acosta had plans to get married and attend medical school when his service was complete.

This story originally appeared on NBCLosAngeles.

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Discuss this post

Any death that occurs in a combat zone is a wrongful death. Why not make it a class action suit?

  • 1 vote
Reply#1 - Fri Aug 24, 2012 12:53 PM EDT

Blow back.

I just wish the ones who wanted us over there were getting killed.

For these men to go on suicide missions usually means their families were massacred.

Perpetual war is an ugly thing and only military contractors are left smiling.

  • 3 votes
#1.1 - Fri Aug 24, 2012 1:39 PM EDT

Although the situation is very unfortunate, $ will not bring back their son.

And going to war whether you're peeling potatoes or a medic, your life is in danger and if you're killed, it shouldn't be a surprise.

  • R.I.P. all our lost American Soldiers who gave their lives to make ours better.
  • 2 votes
#1.2 - Fri Aug 24, 2012 1:52 PM EDT

Sorry, Creek Dog, but this was a different situation. This was a contracted security firm. We're seeing more and more of this war profiteering. It's pathetic and sad, and there are horrible people in this country that beat the drums of war solely to make money from it. Our young men and women are pawns.

  • 3 votes
#1.3 - Fri Aug 24, 2012 2:57 PM EDT

Derek,

According to investigations into al Qaida's recruiting tactics in Iraq and Afghanistan; the leading recruiting tactic is to promise an empoverished individual that their family will be looked after if they commit this act for "Allah". Many were too ignorant to know that al Qaida was sending their families to "Allah".

They didn't threaten the families, they were sending their families to meet them in the afterlife.

  • 1 vote
#1.4 - Fri Aug 24, 2012 4:19 PM EDT

This war is about profiteering on the blood of good americans.

All wars really.

Smedley Bulter. RIP.

    #1.5 - Fri Aug 31, 2012 9:11 AM EDT
    Reply

    The one to be getting sued over this is Obama, personally. I would, even if it went nowhere. I would file the suite. For the record.

      Reply#2 - Fri Aug 24, 2012 12:55 PM EDT

      He'd wipe his ass with it either way. Knock yourself out...

      • 1 vote
      #2.1 - Fri Aug 24, 2012 1:14 PM EDT

      As well he should. This is stupid beyond belief!

      • 1 vote
      #2.2 - Fri Aug 24, 2012 3:20 PM EDT

      Why is it that you libtards haven't said a damn word about Obama invading Afganistan and Libya, when all we heard for years is that Bush shouldn't be in Iraq? Bin Laden is now dead, so why aren't you on the left shouting about getting out of the middle East? Hypocrites!

        #2.3 - Fri Aug 24, 2012 4:22 PM EDT

        Who's responsible for contracting the "Contractors"?

        Do you know?

        When was this contract set up? I will guarantee it was a left over from before 2008...

        Quit yer Arm Chair Quarterbacking

        Freedom Seeker...ARE YOU OUT OF YOUR FREAKING MIND???

        WHO invaded Afghanistan?????

        • 2 votes
        #2.4 - Fri Aug 24, 2012 4:22 PM EDT

        Point of clarification;

        The US bombed Libya, they did NOT invade. There was NO US military presence on the ground in Libya (I'd heard about a few advisors but there is no verification). We targetted military activities that were targetting civilians, from the Mediteranean.

        • 1 vote
        #2.5 - Fri Aug 24, 2012 5:02 PM EDT

        Its so hard to know the truth , either way its a total cluster f+ck.

        In reality afghanistan could not work.

        1. Drugs run the country. Its the main game there. Afghanistan needs to have drugs legal and taxed.

        If that happens. It works. The USA wins. Else its going to be failure.

          #2.6 - Fri Aug 31, 2012 9:14 AM EDT
          Reply

          This certainly brings to light one of the cases for "insider" murder. While nothing will bring her son back I hope they get a billion dollars. We need to get out of there. There is no reason for us to be there. bin Laden is dead. (He was found in Pakistan). Talk about a waste of tax payer dollars. At about 9 billion dollars a month it sure looks like it to me.

          • 1 vote
          Reply#3 - Fri Aug 24, 2012 1:15 PM EDT

          I guess if Obama can't yet support the complete takeover of the US by the Muslims, he can at least hire them (the foxes) to guard the hen house (military personnel). What kind of idiot trust a freaking Islamist to guard our troops?

            #3.1 - Fri Aug 24, 2012 4:24 PM EDT

            free, stop it you make my hair hurt with you nonsnese. stop witht he fox patoots.

              #3.2 - Fri Aug 24, 2012 5:09 PM EDT
              Reply

              The private security companies hired by the US government need to be better regulated and held accountable when they are negligent.

              • 1 vote
              Reply#4 - Fri Aug 24, 2012 1:19 PM EDT

              RAW

              The problem is; held accountable by who? I thought that is why we have a Commander in Chief (the reason behind my comment #2), but I guess I am wrong. As always, according to some of the other comments on here, he skates all responsibility.

                #4.1 - Fri Aug 24, 2012 4:53 PM EDT

                bob, wake up and get past your hatred, Canadian firm hired by NATO, the US is not alone in Afghanistan.

                Where were you when Haliburton and Blackwater took over Iraq? Dolt.

                  #4.2 - Fri Aug 24, 2012 5:12 PM EDT

                  Trust me, President Obama didn't invent the no bid contract and with little or regulation the contract system is way out out of hand. Remember another name for the "private security" companies doing business down range is, mercenaries.

                  • 1 vote
                  #4.3 - Fri Aug 24, 2012 5:49 PM EDT
                  Reply

                  Tundra Group, based in Canada,

                  ...

                  The lawsuit states that Tundra entered into an agreement with the American government in November 2009

                  This would be the Obama Administration Outsourcing jobs to foreign companies and to protect our soldiers no less.

                  • 2 votes
                  Reply#5 - Fri Aug 24, 2012 1:27 PM EDT

                  Yeah, because ONLY Obama has done this. Are you kidding me? G.W.'s administration made this sort of thing an art form? Heck, Cheney made millions doing this exact kind of thing. That doesn't excuse it, but to try to pin this solely on Obama is patently ridiculous.

                  • 2 votes
                  #5.1 - Fri Aug 24, 2012 3:01 PM EDT

                  paul, yup just like haliburton and blackwater, during w's reign, hmmm. Canadian firm hired by NATO, remember the US is not completely alone in Afghanistan, so please lets not starting to blame the President.

                  • 1 vote
                  #5.2 - Fri Aug 24, 2012 3:46 PM EDT

                  I went to Baghdad in 2009 and the majority of the exterior security was Nigerian or Ugandan contractors. Iraqis were contracted for a huge amount of support duties in Basra and Tallil when I was down there, all of whom had been there for years.

                  In 2005-06 nearly all the movement of supplies in theater was contracted, Philipino primarly. KBR and Halliburton used Americans for supervisory roles, but anything else was Local National or contractors from other nations (didn't have to pay them that much, so they could pocket more of the money)

                  • 2 votes
                  #5.3 - Fri Aug 24, 2012 4:33 PM EDT

                  Its all about profit. Smedley Bulter said 80 years ago.

                    #5.4 - Fri Aug 31, 2012 9:16 AM EDT
                    Reply

                    The thing that all of you fail to realize is that every member of the military joined because they (myself included) choose to be here. We know the risks and do it anyway. Death is a part of it. While i feel for his family, suing someone is not going to bring him back.

                      Reply#6 - Fri Aug 24, 2012 1:37 PM EDT

                      kt1, volunteers don't enlist to be killed by a supposed ally. Please argument is moot. Who would volunteer when, ok, folks don't forget you may be killed by one of our allies, we just rehire the thugs, but come on and sign up.

                      • 1 vote
                      #6.1 - Fri Aug 24, 2012 3:50 PM EDT
                      Reply

                      He should have never volunteered pure and simple.

                      The parents should have encouraged him not to volunteer.

                      All the have left now is a lawsuit to make them feel justified.

                      How much money is your son's life worth, really now.

                      But that is the American way ... sue.

                        Reply#7 - Fri Aug 24, 2012 2:34 PM EDT

                        OKWhatNow,
                        I suppose we should do away with the military all-together?
                        Who should we get to protect our country?

                        Hell, I could be killed just supporting border control to keep the Mexican Cartels out...or I could be killed monitoring the Canadian border for illegal trafficking of people and goods...or, the list can go on...

                        Who's gonna do it?

                        We don't have a draft for the same reasons you probably have, because YOU wouldn't do it. And better for the rest of us if you don't. I wouldn't doubt you would be running miles away before the first shot was fired.

                        I will allow that we had no business invading Iraq, but after 9/11 we thought al Qaida and Bin Laden were in Afghanistan. Now that they are routed in Afghanistan and Bin Laden is dead, it should be up to the Afghans to deal with the Taliban, they weren't the issue there to start with.

                        • 1 vote
                        #7.1 - Fri Aug 24, 2012 4:48 PM EDT

                        If he had been KIA or in an accident I doubt his parents would be suing. This is about private security firms (AKA mercenaries) that are not adequately regulated and not doing due diligence in their hiring practices.

                          #7.2 - Fri Aug 24, 2012 6:47 PM EDT

                          RAW,
                          That was stated pretty adequately in the article as well as quoted many times in the posts. THAT was why we didn't use Iraqis as guards. We used contractors, but because of doubts about the loyalty of the Iraqis, it was determined that was a task better suited to foreign nationals or US personnel.
                          I don't know whose decision it was to use Afghani personnel as guards, but he/she should be criminally liable.

                            #7.3 - Wed Aug 29, 2012 4:52 PM EDT
                            Reply

                            Wonder if Black Water was still there if this would have happened..

                            • 1 vote
                            Reply#8 - Fri Aug 24, 2012 3:16 PM EDT

                            Muslims are weak minded people , they have a religion that is full of flat out lies and deceit , on top of this they really don't have any reason to live , their lives are so miserable and they feel abandoned so they strike out at americans to take their frustrations out on

                            • 1 vote
                            Reply#9 - Fri Aug 24, 2012 3:39 PM EDT

                            Alan that may be true but the Muslims in Afghan are not quite as weak minded as the one we have in the White House that is obvious. The only reason we got the nuke before the Russians is because our Germans were better than their Germans. Same applies except Afghan has the better Muslims.

                              #9.1 - Fri Aug 24, 2012 4:37 PM EDT

                              Bob,

                              As much as it's been stated and proven that Obama is NOT an illegal or a Muslim you're still going to go there? I'm not shocked.

                              • 1 vote
                              #9.2 - Fri Aug 24, 2012 4:52 PM EDT

                              MM

                              I do have proof. Of both. It is out there...you prefer the lies.

                                #9.3 - Fri Aug 24, 2012 4:59 PM EDT

                                Muslims weak minded, maybe by Western stands, but I hate to break it to you, they have guns, they have suicide bombers, they have IEDs, they have funding and funders, weak minded pretty persistent bunch I'd say. Time to get out of Afghanistan, take our people, take our money and war materiel and come home yesterday.

                                Bob prove it and cite source, put it up, lets see it. Even trump is quiet these days, dolt.

                                  #9.4 - Fri Aug 24, 2012 5:16 PM EDT

                                  This is yet another Atrocity of a Tragedy!!!! As the Mother of a Fallen Marine KIA 8 Sept 2009, Ganjgal Ambush, Afghanistan, and tied to the MOH Dakota Meyer, as Dakota and my son were Best Friends, Marine Brothers and Dakota rescued my sons body and that of his other 3 brothers in arms. Never before in history has there been this much slaughter then the Civil War!!! It's time to "Change the ROE's" and get our Military out of there and Take back our America, as all the millions and millions of dollars that are given to the TALIBAN to build their places of worship, schools and bridges that we end of blowing up is NOT worth the cost of AMERICAN BLOOD that is spilt on FOREIGN SOIL!!!!!!!!

                                    #9.5 - Sat Aug 25, 2012 8:24 PM EDT

                                    MGSM,

                                    My respects to you and your family. God bless. I am truly sorry for your loss.

                                      #9.6 - Wed Aug 29, 2012 4:55 PM EDT
                                      Reply

                                      Until you have a son who is killed by a freaking Muslim, then STFU.

                                        Reply#10 - Fri Aug 24, 2012 4:19 PM EDT

                                        @ FreedomSeaker

                                        Thanks! I do have a son over there. Some of these comments really make me wonder why. But then again my son and I do know why...we have something special. I just hope what I know will help him come home alive.....

                                        CSM USA (Retired)

                                          #10.1 - Fri Aug 24, 2012 4:44 PM EDT

                                          Quiet Freedom, My brother was killed in Iraq and I don't want to hear any more of your harbored hatred. Ignorant fox dung eater.

                                            #10.2 - Fri Aug 24, 2012 5:19 PM EDT

                                            The USA can win in afghanistan.

                                            Does it want to win?

                                            They have to legalise drugs in afghanistan. That simple.

                                              #10.3 - Fri Aug 31, 2012 9:20 AM EDT
                                              Reply

                                              Bob, as often as I see you disrespect the President in your posts, I am surprised you would own up to being a retired CSM...

                                              Thanks for your service and I hope your son returns in one piece, body and mind.

                                              SFC (Still serving)

                                              • 1 vote
                                              Reply#11 - Fri Aug 24, 2012 4:57 PM EDT

                                              Our first and foremost duty is to the United States Constitution. Obama has PROVED himself a domestic enemy of said, and has made decisions and statements that are in direct conflict with HIS oath of office. My duty is clear. The only question I have left for you SFC is if he ordered you to fire on the American People would you? If he remains in office that choice shall be yours I am convinced. Many others are as well.

                                                #11.1 - Fri Aug 24, 2012 5:06 PM EDT

                                                bob, prove it and cite source. Hope your child returns home safe and sound but your continued verbal assault with no proof makes my hair hurt, my brother died because George W, decider in chief sold the American People a bill of goods and lied throughout his term along with war monger cheney. Prove your accusations or shut up.

                                                  #11.2 - Fri Aug 24, 2012 5:23 PM EDT

                                                  skyparrot

                                                  You have to look no further than our border with Mexico to see that Obama has violated his oath of office and defied the United States Constitution and compromised our security. It only takes one when it is so flagrant and arrogant...that one is obvious and easy. With holding evidence of his complicity (if he was not involved why hide it) in Fast and Furious even after Congress order the release of documents. Those are just two off the top of my head.

                                                    #11.3 - Fri Aug 24, 2012 5:29 PM EDT

                                                    Bob,
                                                    You can hold leaders accountable only so far. It will come out whether the ATF Cheif was responsible, or if the attorney general is covering someone else. I agree that this is a travesty of justice, but if you recall Bush was responsible for 17 executive privilage cases, and many of those were to cover his buddies in Haliburton, to include Cheney.

                                                      #11.4 - Wed Aug 29, 2012 5:00 PM EDT

                                                      Obama is the best president we have had in over a decade. He sure aint what I wanted. The alternative is worse.

                                                      Romney aint presidential material.

                                                        #11.5 - Fri Aug 31, 2012 9:22 AM EDT
                                                        Reply
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