Soldier faces death penalty if convicted of Afghanistan shooting rampage

WASHINGTON — The U.S. military on Friday formally charged Army Staff Sgt. Robert Bales with 17 counts of premeditated murder, meaning the 38-year-old soldier could face the death penalty if convicted of a March 11 rampage in southern Afghanistan.

The military also said for the first time that nine children were killed and four were wounded in the incident in Kandahar province. Their ages were unspecified and the manner of their deaths wasn't released, nor was any motive for the killings, which have shocked Americans and Afghans alike and raised new challenges for a U.S. exit from the decade-long war in Afghanistan.

Bales, married and a father of two, was also charged with the premeditated murder of four women and four men, and with attempting to kill two others. The dead died of gunshot wounds, and the charging document said that wounded were shot in the neck, chest, thigh and groin.

Bales was informed of the charges against him at the military prison at Fort Leavenworth, Kan., where he has been held since March 16, officials said. The next phase of his case will be what is called an Article 32 hearing — the equivalent of a preliminary hearing in a civilian court — which will take place at Joint Base Lewis-McChord, south of Tacoma, Wash., where Bales has been based for the past decade.

Under military rules, that hearing, where an investigating officer will determine whether there is sufficient evidence to bring Bales to trial, must take place within 120 days of his arrest, which was March 11.

If convicted of premeditated murder, the charging document said Bales could face a mandatory minimum sentence of life imprisonment, with eligibility for parole.

Bales' civilian attorney, John Henry Browne of Seattle, has said that his client remembers very little about the time during which the military has said the incident took place and that his mental state could be an issue at the trial.

It is still not known if Staff Sgt. Robert Bales was ever diagnosed with post-traumatic stress disorder, but even if he had been, that alone would not have prevented him from being sent back to war. The Army diagnosed 76,176 soldiers with PTSD between 2000 and 2011. Of those, 65,236 soldiers were diagnosed at some stage of their deployment and many returned to the battlefield after mental health providers determined their treatment worked and their symptoms had gone into remission, Army officials and mental health professionals who treat troops say. Military officials say they have to rely on their mental health experts to decide whether someone is mentally fit to go back into war, and they cannot make a blanket policy of not redeploying troops diagnosed with PTSD. The provider makes a recommendation, but the ultimate decision to deploy a soldier rests with the unit commander.

Diagnosis of PTSD may not have prevented Bales' redeployment



It is still not known if Staff Sgt. Robert Bales was ever diagnosed with post-traumatic stress disorder, but even if he had been, that alone would not have prevented him from being sent back to war. The Army diagnosed 76,176 soldiers with PTSD between 2000 and 2011. Of those, 65,236 soldiers were diagnosed at some stage of their deployment and many returned to the battlefield after mental health providers determined their treatment worked and their symptoms had gone into remission, Army officials and mental health professionals who treat troops say. Military officials say they have to rely on their mental health experts to decide whether someone is mentally fit to go back into war, and they cannot make a blanket policy of not redeploying troops diagnosed with PTSD. The provider makes a recommendation, but the ultimate decision to deploy a soldier rests with the unit commander.

Soldier faces death penalty if convicted of Afghanistan shooting rampage 03/23/12 [Last modified: Friday, March 23, 2012 10:45pm]

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