• Soldiers may not face most serious charge in GI's alleged abuse death

    Army Pvt. Danny Chen.

    By Miranda Leitsinger, Staff Writer, NBC News

    An officer reviewing charges against eight soldiers in connection with the death of a Chinese-American Army private, who apparently took his life after being hazed and abused, has recommended dropping the most serious charge -- involuntary manslaughter.

    The investigating officer recommended that seven soldiers be court-martialed on multiple charges in connection with the death of Pvt. Danny Chen, 19, who died of an apparent self-inflicted gunshot wound on Oct. 3 in Afghanistan, the Army said Tuesday. The Article 32 hearings, which determine if there is enough evidence for a court-martial, are being held at Kandahar Air Field in Afghanistan.

    The most recent four infantrymen to go through those hearings had been facing charges that included involuntary manslaughter and negligent homicide, thought to be the first time such charges have been brought in this type of case, according to experts on hazing and on the military legal system.

    But involuntary manslaughter was not among the charges recommended against Staff Sgt. Andrew VanBockel, Sgts. Jeffrey Hurst and Adam Holcomb and Spc. Thomas Curtis -- mirroring the outcome of the first Article 32 hearing for Spc. Ryan Offutt, which ended on Jan. 22.

    "If the investigating officer determines that there was not sufficient evidence to support the elements of the charge, then the investigating officer may recommend not moving forward with that charge," said Sgt. 1st Class Alan G. Davis, an Army spokesman. 

    The maximum punishment for involuntary manslaughter is 10 years in prison and a dishonorable discharge; for negligent homicide it three years imprisonment and a dishonorable discharge.

    The commander of the 1st Stryker Brigade Combat Team, 25th Infantry Division, will consider the investigating officer's recommendations in determining whether to forward the charges to the Combined Joint Task Force-82 Commander for final disposition, Davis said.

    A lawyer and former member of the U.S. Air Force Judge Advocate General (JAG) Corps has previously noted that the officer's recommendations were simply that -- a recommendation -- that could be accepted or ignored.

    Courtesy of the Chen family

    Pvt. Danny Chen, left, with his mother, Su Zhen Chen, at his graduation from basic training.

    Chen was found dead at a guard tower with his rifle lying next to him at Combat Outpost Palace in the Panjwa'i district of Kandahar province in southern Afghanistan.

    Almost immediately after he arrived in mid-August, Chen, the only Chinese-American in his platoon, was required to do exercises that crossed over to alleged abuse, according to investigators from the Regional Command-South, said Elizabeth OuYang, New York branch president of OCA, a national civil rights organization serving Asian Pacific Americans.

    Some of it was inflicted by one soldier and some by a group, according to OuYang, who was briefed on the investigation. Investigators also found evidence that the platoon sergeant and the platoon leader -- the top two officers in the unit -- were aware of an attack on Chen on Sept. 27 and chose not to report it, OuYang said.

    The family and Chinese-American community have asked that Chen's comrades face the involuntary manslaughter charges and want the courts-martial to be held in the United States, citing the need for access, transparency and accountability. OuYang said they were disappointed with the officer not recommending the involuntary manslaughter charge.

    "We have not been able to see any of the evidence in these eight pre-trials," she said. "We don’t know why we’re in the dark ... as to why the involuntary manslaughter charges was dropped. That’s why it’s imperative that we must have access to the court-martials so we can see the evidence in this case.”

    The investigating officer has recommended the following charges be forwarded to court-martial:

    -- For VanBockel: two counts of violation of a general regulation; three counts of dereliction of duty; two counts of maltreatment; one count of negligent homicide; and one count of reckless endangerment.

    -- For Hurst: two counts violation of a general regulation; two counts of dereliction of duty; one count of maltreatment; one count of negligent homicide; and one count of reckless endangerment.

    -- For Holcomb: three counts of violation of a general regulation; two counts of dereliction of duty; two counts of maltreatment; one count of assault; one count of negligent homicide; one count of reckless endangerment; and one count of communicating a threat.

    -- For Curtis: two counts of violation of a general regulation; one count of dereliction of duty; six counts of maltreatment; four counts of assault; one count of negligent homicide; and one count of reckless endangerment.

    -- For Lt. Daniel Schwartz, 25, of Maryland: eight counts of dereliction of duty.

    -- For Offutt: two counts of violation of a lawful general regulation; four counts of maltreatment; one count of manslaughter; three counts of assault consummated by battery; one count of negligent homicide; and one count of reckless endangerment.

    The investigating officer has yet to issue a court-martial recommendation for Sgt. Travis Carden, 25, of Fowler, Ind. His hearing is scheduled for April 4-5 at Kandahar Air Field, the Army said. The charges against him are: two counts of violation of a lawful general regulation;  two counts of maltreatment; one count of assault; and one count of reckless endangerment.

    The Article 32 for the remaining soldier, Staff Sgt. Blaine Dugas, 35, of Texas, began Feb. 19 and is ongoing. He is charged with one count of violation of a lawful general order; two counts of dereliction of duty; and one count of mking a false official statement.

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  • Soldier may not face manslaughter charge in GI's alleged hazing death

    Courtesy of the Chen family

    Pvt. Danny Chen, left, with his mother, Su Zhen Chen, at his graduation from basic training.

    By Miranda Leitsinger, Staff Writer, NBC News

    The first soldier to face legal proceedings in the death of a Chinese-American GI believed to have committed suicide in Afghanistan after allegedly being hazed by his fellow troops may not face the toughest charge the Army had sought of involuntary manslaughter.

    The Article 32 hearing for Spc. Ryan Offutt, a 32-year old infantryman from Greenville, Penn., into the death of Pvt. Danny Chen, finished Sunday, Sgt. 1st Class Alan G. Davis, an Army spokesman, said in an email.

    The investigating officer recommended forwarding all charges to court-martial, except for the manslaughter charge, Davis said, later noting that the charge was not dropped but the officer "recommended not moving forward" on it "because he believed that insufficient evidence was presented at the hearing to justify" proceeding with it.

    Eight soldiers, including Offutt, have been charged in connection with the death of Chen, 19, who died of an apparent self-inflicted gunshot wound on Oct. 3. Five of them were charged with involuntary manslaughter and negligent homicide, thought to be the first time such charges have been brought in this type of case, according to experts on hazing and on the military legal system.

    The Article 32 hearings, which will determine whether there was enough evidence for a court-martial against the men, will run through about Feb. 20 at Kandahar Air Field in Afghanistan. The charges against Offutt that the investigating officer recommended be forwarded to court-martial include maltreatment, assault consummated by battery, reckless endangerment and negligent homicide.

    The maximum punishment for involuntary manslaughter is 10 years and a dishonorable discharge, while negligent homicide is a dishonorable discharge and three years.

    Grover Baxley, a former member of the U.S. Air Force Judge Advocate General (JAG) Corps, noted that the investigating officer's recommendation was "just that - a recommendation."

    "The Convening Authority can follow or ignore that advice, in whole or in part, as he or she decides. As a result, you may still see the government refer all the charges, including the manslaughter charge, to a court-martial," Baxley wrote in an e-mail. "Alternatively, even though the Investigating Officer recommended going forward on the majority of the charges, the Convening Authority could still drop all the charges at this point, though I don't think that's likely."

    Asian-American advocates and the family told Army officials during a meeting in early January that they did not want the proceedings to take place overseas, citing the need for transparency and access, and have said the toughest charges should not be dropped.

    “While the negligent homicide charge is recommended, we are extremely disappointed that the manslaughter charge is not," Elizabeth OuYang, New York branch president of OCA, a national civil rights organization serving Asian Pacific Americans, said in a statement. "The family and the community are not able to see what is happening in these hearings taking place in Afghanistan - the Army has the ability to and should televise these hearings."

    The commander of the 1st Stryker Brigade Combat Team, 25th Infantry Division will consider the recommendations of the investigating officer in determining whether to forward the charges against Offutt to the Army's Regional Command-South commander for final disposition, Davis said.

    Chen was found dead at a guard tower with his rifle lying next to him at Combat Outpost Palace in the Panjwa'i district of Kandahar province in southern Afghanistan.

    According to investigators from the Regional Command-South, OuYang said, almost immediately after he arrived in mid-August, Chen, the only Chinese-American in his platoon, was required to do exercises that within a few days crossed over to alleged abuse. Some of it was inflicted by one soldier and some by a group of them, the investigators said.

    Investigators found evidence that the platoon sergeant and the platoon leader -- the platoon's top two leaders -- were aware of an attack on Chen on Sept. 27 and chose not to report it, OuYang said.

    The Army's Criminal Investigation Command said Monday that its investigation into Chen's death was not complete.

    ---

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  • Hearings set in Chinese-American soldier's alleged hazing death

    Pvt. Danny Chen, 19, died of an apparent self-inflicted gunshot wound in Afghanistan, the Army says.

    By Miranda Leitsinger, Staff Writer, NBC News

    Legal proceedings will begin Sunday in the death of a Chinese-American soldier believed to have committed suicide in Afghanistan after allegedly being hazed by his fellow soldiers, the Army says, though the Asian-American community would like them held in the U.S. out of concerns for transparency.

    The Article 32 hearings, which would determine whether there was enough evidence for a court-martial against the men, will run through about Feb. 20 at Kandahar Air Field in Afghanistan, Sgt. 1st Class Alan G. Davis, an Army spokesman, said in an email.

    Eight soldiers have been charged in connection with the death of Army Pvt. Danny Chen, 19, who died of an apparently self-inflicted gunshot wound on Oct. 3. Five of them were charged with involuntary manslaughter and negligent homicide, thought to be the first time such charges have been brought in this type of case, said experts on hazing and on the military legal system.

    Asian-American advocates and the family told Army officials during a meeting last week that they do not want the proceedings to take place overseas, citing the need for transparency and access.

    “It’s imperative that, at the 32 hearings, that the top charges of negligent homicide and involuntary manslaughter are not dropped," Elizabeth OuYang, New York branch president of OCA, a national civil rights organization serving Asian Pacific Americans, said Friday. "What they did to Danny, drove Danny to his death, and a strong signal must be sent throughout the military that anyone will face these charges if they engage in this type of conduct.”

    She added that the Article 32 hearings should be held in the U.S. since "it's based on what charges stick after the 32 hearings that form the grounds for the court-martial. If those top charges are dropped at the 32 hearings, the community will always feel that that process was compromised … especially because we did not have access to them.”

    A judge, jury and defense and prosecution teams will be present in the courtroom during the public hearings, Davis said.

    "Cases are routinely tried in theater [the operational area], and are routinely moved back to the United States for court-martial. This decision depends on several factors, including location of witnesses and other logistical considerations," he said.

    Greg Rinckey, a former attorney with the U.S. Army's Judge Advocate General Corps, said the government didn't need to prove its whole case at the Article 32 hearing, just show there was enough evidence for the case to go forward.

    “I think the question here is, there’s a leap," he said. "They want the jury or the panel to make a leap that this type of action by members of his unit basically ... made this soldier to commit suicide and that’s a hard leap.”

    Rinckey thought the defense would likely try to get the tougher charges dropped.

    "I think they [the prosecution] could prove it. I think it's difficult though,” he added.

    The maximum punishment for involuntary manslaughter is 10 years and a dishonorable discharge, while negligent homicide is a dishonorable discharge and three years. Willful dereliction of duty carries a maximum punishment of a bad conduct discharge and 6 months confinement, Davis said.

    Chen was found dead at a guard tower with his rifle lying next to him at Combat Outpost Palace in the Panjwa'i district of Kandahar province in southern Afghanistan.

    According to investigators from the Regional Command-South, OuYang said, almost immediately after he arrived in mid-August, Chen, the only Chinese-American in his platoon, was required to do exercises that within a few days crossed over to alleged abuse. Some of it was inflicted by one soldier and some by a group of them, the investigators said.

    OuYang said investigators found that Chen, among other things, had rocks thrown at him to simulate incoming artillery rounds, was subjected to racial slurs and was dragged out of his bed on Sept. 27 and over 50 meters of gravel for allegedly breaking a hot water pump. On the day of his death, he was made to crawl with all of his equipment about 100 meters over gravel while some of the suspects threw rocks at him after he forgot his helmet and a sufficient amount of water for duty.

    Investigators found evidence that the platoon sergeant and the platoon leader -- the platoon's top two leaders -- were aware of the Sept. 27 attack and chose not to report it, OuYang said.

    Attempts to reach attorneys for the defendants were not successful.

    What happened to Chen, was "obviously disturbing and very insensitive and I think this is going to bolster the Army’s case, but of course … there’s always two sides to every story," Rinckey said. "I think there is going to be a defense here that this was a fragile soldier that cracked under the pressure of combat."

    The eight soldiers have been assigned to a different forward operating base in Afghanistan, removed from active duty and placed under increased supervision of senior non-commissioned officers, Davis said.

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