Contractor Stands Trial for Shooting Attacker of U.S HTS Member in A-stan

[Yish]

Short story, some a**hole doused a female social scientist working for US forces with a flammable

substance, causing horrific burns. A US contactor caught and restrained the man, but shot him in the

head after getting word of her condition. Damn, I would not want to be the prosecutor in this case.

What are the chances the guy gets serious jail time?

 

http://www.nola.com/news/index.ssf/2008/12...an_hits_ve.html

 

Killing in Afghanistan hits very close to home

by Bruce Alpert, The Times-Picayune

Tuesday December 16, 2008, 10:08 PM

 

WASHINGTON -- Paula Loyd, a social scientist helping U.S. troops adjust to the cultural and political landscape of war-ravaged Afghanistan, was talking to residents of a village near Kandihar last month when, without warning, one of the men ignited a container of flammable liquid and tossed it at her, setting her on fire.

 

With Loyd, 36, engulfed in flames, the attacker fled, running about 50 yards in the direction of Don Ayala, a New Orleans man working as a private security contractor to protect Loyd and other members of her Army Human Terrain System team. Ayala, according to an affidavit from an Army special agent, drew his pistol but did not fire, instead extending his arm to knock the attacker, Abdul Salam, to the ground.

 

Assisted by soldiers from C Company, 2-2 Infantry Battalion, Ayala subdued Salam, and handcuffed him with plastic restraints, although the man continued to resist, according to the affidavit. About 10 minutes later, a soldier passed word to Ayala and the U.S. soldiers that Loyd's condition was very bad.

 

At the news, Ayala pushed his pistol against Salam's head and shot him once, killing him instantly, according to the affidavit prepared by Army Criminal Investigation Division Special Agent Jennifer Bryan.

 

Now, more than a month after the Nov. 4 incident, Ayala, a decorated former member of the Army Rangers and Special Forces, stands accused of second-degree murder. He is the first military contractor charged under the 8-year-old Military Extraterritorial Jurisdiction Act that allows prosecution of civilian contractors accused of crimes while working for the United States in a foreign country.

 

Ayala, 46, is back in his Garden District home, free on $200,000 bail pending trial in U.S. District Court in Alexandria, Va. A California native and divorced father of three children, Ayala moved to New Orleans about five years ago with his girlfriend.

 

Loyd, who suffered burns on 60 percent of her body, remains in critical but stable condition in a San Antonio hospital.

 

An emotional case

 

If the case goes to trial, it will present jurors with an emotional dilemma.

 

Was Ayala, having just witnessed a brutal, unprovoked attack on an unarmed civilian friend and colleague, justified in pulling the trigger on an attacker who the Army's military investigator says was still resisting detention and whom Ayala's friends describe as a terrorist?

 

Or did he act as judge and executioner for a defenseless person already under detention and under the watchful eye of not only Ayala but also several U.S. troops?

 

It's the kind of case that could make a unanimous verdict hard to achieve, according to Jonathan Turley, a George Washington University law professor.

 

Through his attorney, Ayala declined to comment. Prosecutors also declined to comment.

 

Ayala's arrest has shocked friends in New Orleans, who describe him and his girlfriend as the social organizers for their close-knit community. The two use their talents in the kitchen to prepare supper for as many as 10 neighbors and friends on many Friday or Saturday nights.

 

Ayala and his girlfriend moved to New Orleans from California in 2002 or 2003 because they loved the city, and wanted a change from the West Coast, friends said. In the aftermath of Hurricane Katrina, they were among the first to return to their neighborhood, and took in as many as 10 New Orleans police officers whose homes were destroyed by the 2005 storm.

 

"He the most personable, kind-hearted and charismatic guy I know, " said Brooke Ellis, a friend.

 

Inside Ayala's home, Ellis said, in an out-of-the-way place so only special friends will see them, are photos of Ayala with Iraqi Prime Minister Nuri al-Maliki and Afghan President Hamid Karzai, whom he guarded while working under an earlier security contract. "You look at the pictures and you say, 'Is that who I think it is?' " Ellis said.

 

Another friend, New Orleans police officer Greg Lapin, describes Ayala as the ultimate professional, unfazed by conditions that would unnerve most people. "He's my best friend and I feel he would do anything for me, " Lapin said. "He's always calm, and does what is required to get the job done and protect the people assigned to him."

 

Hard to figure

 

Scott Silliman, a Duke University law professor and executive director of the Center on Law, Ethics and National Security, said there's no way federal prosecutors can ignore information that a security contractor shot a suspect while in handcuffs, no matter how horrible the victim's actions.

 

"Now, I'm not saying a jury will find him guilty, we don't know all the facts yet, but the government has to pursue a criminal case, " said Silliman, who once was a top lawyer with the Air Force.

 

Given that the emotions likely to be generated during a trial make predicting a jury verdict difficult, Turley said it is the kind of case that normally motivates both sides to seek a plea agreement. If Loyd, the woman burned in the attack, testifies, the effect on the jury could be powerful and could generate sympathy for Ayala, he said.

 

But Turley, who has worked on terrorism-related cases in the same Alexandria courthouse where Ayala is scheduled to be tried, said the Justice Department might feel constrained from signing a plea deal because of pressure from Karzai, the Afghan president, to crack down on U.S. personnel who in his view use too much force.

 

The judge overseeing the case in Alexandria recently granted a U.S. motion for an extension of the 30-day deadline for the government to return a grand jury indictment, the kind of delay that sometimes, but not always, indicates that plea negotiations are expected.

 

If the case goes to trial, its status as the first murder case brought under the 2000 law allowing prosecution within the United States for those accused of crimes abroad, is likely to produce renewed controversy about the U.S. reliance on private contractors in both Afghanistan and Iraq. It's also likely to spark debate about the Human Terrain Team program that brings social scientists like Loyd to war zones.

 

Critics say the program poses too much of a risk -- before Loyd's serious injuries two members were killed, one in Iraq and one in Afghanistan.

 

But the private security contractors have come under specific scrutiny, criticized for operating outside the usual military chain of command and accountability. Last week, five employees of Blackwater Worldwide were accused of manslaughter in a 2007 shooting on a busy Baghdad street that left 17 Iraqis dead.

 

Ayala worked for Strategic Analysis, a Virginia military contracting company. Officials at the firm declined to comment.

[Vasiliy Fofanov]

Damn, I would not want to be the prosecutor in this case.

 

Indeed, what an awful dilemma.

[Marek Tucan]

Not as much prosecuteor, but member of the jury...

[Hans Engstrom]

That one sucks. I'd hate to be involved in it in any way.

[EchoFiveMike]

The statement of the "special agent" is obviously incorrect, the savage was killed trying to escape custody. There's no dilemma here.

 

People need to get their stories straight before the press gets a hold of it. Just because it's a stressful environment is no reason to lose your head and not manage the information that gets out to the sheltered innocents with no context or any chance of understanding.

 

Scott Silliman, a Duke University law professor and executive director of the Center on Law, Ethics and National Security, said there's no way federal prosecutors can ignore information that a security contractor shot a suspect while in handcuffs, no matter how horrible the victim's actions.

 

"Now, I'm not saying a jury will find him guilty, we don't know all the facts yet, but the government has to pursue a criminal case, " said Silliman, who once was a top lawyer with the Air Force.

 

This dude "missed a great opportunity to STFU." Unfortunately, there's a lot of these type in the various military legal offices. Great place to control costs, fire them and hire more trigger pullers. S/F.....Ken M

[Mote]

Right, because obviously extrajudicial killings and satisfying personal passions are far superior to that pesky "rule of law" nonsense.

[gewing]

Right, because obviously extrajudicial killings and satisfying personal passions are far superior to that pesky "rule of law" nonsense.

 

 

 

Or maybe we haven't heard all the true details?

 

A fleeing terrorist killed while trying to make a break for it is a different issue.

[Mote]

Or maybe we haven't heard all the true details?

 

A fleeing terrorist killed while trying to make a break for it is a different issue.

 

Killed in actual flight is one thing, what EchoFiveMike appears to be suggesting is quite a different thing.

Edited December 20, 2008 by Mote

[DKTanker]

Or maybe we haven't heard all the true details?

 

A fleeing terrorist killed while trying to make a break for it is a different issue.

The only detail I've read is that the muzzle of the weapon was against the deceased head. AIUI, the resulting burn pattern around the wound is would be absolutely indicative of the close proximity of the weapon. Of course if one is going to tell a tale, one might as well clean up the scene before relating the tale.

[JWB]

If the terrorist was in handcuffs before being shot then Ayala is guilty of at least an illegal killing.

[EchoFiveMike]

You all are concerned about the filthy savage, who advocates Justice for Paula Loyd?

 

"Rule of Law" is that the savage gets turned over to the Afghanis. Chance of judicial travesty=high. After all, he only tried to kill and infidel, and a woman at that. Pay solatia and all is good.

 

Ayala blasts undoubtedly guilty savage on scene= zero chance of miscarriage of justice, zero chance of getting the wrong guy(scapegoat?), zero chance of perfidity in the Afghani judicial system.

 

Most importantly; Justice for Paula Loyd and public display of Western resolve. 3rd world perception of Western "rule of law" is that it's toothless and worthy of contempt. I think they're correct.

 

Civil rules are for civilization, that doesn't apply here.

 

Besides, I heard the story differently, from someone who was there. S/F....Ken M

[shep854]

I find myself thinking of the court that is upholding suit for an attempted life-saving under a Good Samaritan principle (see FFZ)

 

It's time for someone to equate executing a terrorist caught in a horrendous act with the horrendous act itself. "The man who shot the terrorist is no better than the terrorist himself."

[Guest aevans]

Once again, we have civilization forgetting what civilization is for. Science, arts, philosophy, and law (internal, domestic law, that is) are not cvililization in themselves. They are all benefits what civilization is meant to do -- protect its members against barbarians, by any means fair or foul.

[Unreal John]

Besides, I heard the story differently, from someone who was there. S/F....Ken M

 

Too bad we don't have a report of that different version here.

 

If the incident as reported had happened in the US, I would picture the maximum charge being voluntary manslaughter, and the penalty being time served, if he was convicted at all. Anything worse done in the actual case will be a song-and-dance performance for our allies in Europe, because Afghans will think his actions perfectly proper.

[shep854]

To clarify my previous post: There is NO comparison between the execution of a person caught in the act of committing a heinous crime and committing said heinous crime. "Civilized" behavior is a quick, painless execution and NOT dousing the perp with gas and igniting him. If there must be "punishment" for summary execution, fine the shooter for wasting gov't resources (the bullet). A knife can be used again.

Edited December 21, 2008 by shep854

[tanknut]

You all are concerned about the filthy savage, who advocates Justice for Paula Loyd?

 

"Rule of Law" is that the savage gets turned over to the Afghanis. Chance of judicial travesty=high. After all, he only tried to kill and infidel, and a woman at that. Pay solatia and all is good.

 

Ayala blasts undoubtedly guilty savage on scene= zero chance of miscarriage of justice, zero chance of getting the wrong guy(scapegoat?), zero chance of perfidity in the Afghani judicial system.

 

Most importantly; Justice for Paula Loyd and public display of Western resolve. 3rd world perception of Western "rule of law" is that it's toothless and worthy of contempt. I think they're correct.

 

Civil rules are for civilization, that doesn't apply here.

 

Besides, I heard the story differently, from someone who was there. S/F....Ken M

 

 

I Agree, in my book he was lucky to get a quick and clean death. I live in the Chicagoland area where mobsters who were part of Murder Inc. would many times hang people up by a meat-hook and burn thier face off with a blow-torch while still alive or like the petty thug named Action jackson put someone's head in a vice and squeeze until the eyeballs popped out. He's lucky he didn't get that treatment.

[Kenneth P. Katz]

This is a fine example of the situation of where justice was done, albeit without due process. I think that the prosecutor can find some excuse to say that there is not enough evidence, blah, blah, blah and move on to some other case.

[mobryan]

The statement of the "special agent" is obviously incorrect, the savage was killed trying to escape custody. There's no dilemma here.

 

People need to get their stories straight before the press gets a hold of it. Just because it's a stressful environment is no reason to lose your head and not manage the information that gets out to the sheltered innocents with no context or any chance of understanding.

This dude "missed a great opportunity to STFU." Unfortunately, there's a lot of these type in the various military legal offices. Great place to control costs, fire them and hire more trigger pullers. S/F.....Ken M

 

Agreed.

 

As we say out here, the three S's. Shoot, Shovel, Shut up.

 

 

 

 

Matt

[Guest aevans]

This is a fine example of the situation of where justice was done, albeit without due process. I think that the prosecutor can find some excuse to say that there is not enough evidence, blah, blah, blah and move on to some other case.

 

Just occurred to me -- this whole incident kinda puts a new emphasis on: "Out here, due process is a bullet."

[Allan W]

This is a fine example of the situation of where justice was done, albeit without due process. I think that the prosecutor can find some excuse to say that there is not enough evidence, blah, blah, blah and move on to some other case.

 

Assuming that this guy was handcuffed and restrained when he was shot, are you honestly suggesting that there should not be a prosecution? No matter how you spin it, summary execution and vigilante justice is a very slippery slope that you need to think very carefully about before heading down.

 

Assuming the facts are as set out in the article, they at least support a conviction for manslaughter.

[Kenneth P. Katz]

I am opposed to summary executions because the proper authorities do not allow it, and I support the chain of command and civilian control. As to how the military chain of command applies to contractors, I don't know. Aside from that, I think that Taliban, al-Qaeda, Hamas, Hizballah, L-e-T, Ikhwan Muslimeen, Ba'athists, Jaish al-Mahdi, etc. are vermin and should be exterminated without remorse, mercy or restraint.

 

Assuming that this guy was handcuffed and restrained when he was shot, are you honestly suggesting that there should not be a prosecution? No matter how you spin it, summary execution and vigilante justice is a very slippery slope that you need to think very carefully about before heading down.

 

Assuming the facts are as set out in the article, they at least support a conviction for manslaughter.

[FOXMG]

I have absolutely no issues with the bastard being shot, its just too bad this reached the public. Someone needs to learn to shut the hell up in that unit.

 

My biggest issue with this is "Who was on guard?" I understand it was some engineer topo team, but damn to let a person get close enough with a flaming bucket? wasnt anyone watching the perimeter? Not knowing the circumstances its difficult to judge, however looking at what is presented I'd have some team/squad leader strung up by the ankles.

 

The next question is: Why didnt a soldier shoot him? I guess the answer to the first question seems to answer the second one. No one was on security.

[Gunguy]

Justice was done. Once it was confirmed he tried to kill the woman and almost succeeded, it was time to pull the trigger. If you have any doubt about who did the crime, or what type of crime was done, then have a trial. It seems he was guilty of trying to kill the woman in a war type of situation, thus the bullet to the head. All of this "civilian" mumbo jumbo on this thread blows me away. If I got burned like that and some nutless, gutless jackass of a soldier let the guy go to trial, where nothing much would happen, I'd want to extract justice on the nutless, gutless waste of a uniform that "arrested" the guy. Oh and by the way, for a lot of you, don't ever back me up on a dangerous life threatening action, many of you would fail under pressure ......not sure how to treat a killer....

 

Gee, was I strong enough in my opinion?

[Yish]

Here's the link to the affidavit by the special agent investigating the case:

 

http://blog.wired.com/defense/files/HTT_affidavit.pdf

 

It is mentioned that the platoon leader of the patrol accompanying the HTT, a 1st LT, was directly behind Ayala

when he shot Salam, and immediately had his weapon confiscated. Once the unit returned to base, the weapon

was given to "a member of the unit's higher headquarters" who arrived from a different FOB. it seems likely that

the platoon leader in question made a full report to his superiors, and once this had happened the incident could not be

hushed over.

 

My two cents:

 

I personally believe that even people who've committed a horrible crimes should be tried before being punished.

A relevant example is Adolph Eichmann - Israel went to great lengths to capture this Nazi butcher and spirit him

out of Argentina so he could be condemned to be hanged by an Israeli court, when an anonymous assassination

would have been much easier. This served the dual purpose of showing the world that he was afforded the rights he

himself has flaunted, and allowing some of the victims and their families of his victim to confront the man, thereby

getting a degree of closure.

 

If such a criminal, whose guilt is unquestionable, cannot be apprehended it is perfectly legitimate to exact justice

by means of a missile or a sniper's bullet .However, once in custody, said criminal should be protected until he

is able to be tried, and given due process. This isn't because of his rights as a human being (which he'd forfeited

by total disregard to those of others), but because no single person or group should be given the right to hand out death

sentences as he sees fit - that authority should lie with society as a whole, through its delegated authorities.

 

That being said, if one of the criminal's victims chose to take the law into their own hand and successfully executed him,

society ought to be lenient with the victim and harsh with the authorities who failed to safeguard the criminal until proper

justice was metted. In this case the line is blurred because the executioner was arguably a victim himself (having personally known

Paula Lloyd) and a representative of authority whose responsibility was safeguarding the criminal. If it were up to me I would

have let him off with a light prison sentence (time served), but barred him from future service in military or law-enforcement

(certain acts, no matter how justified, make a person unfit to be a representative of the Law).

[Bearded-Dragon]

The man obviously must stand trial - justice must not only be done, it must be seen to be done. If the evidence indicates that he killed the perpetrator of the attack on the woman then he should pay the price - that is the rule of law it applies to all, no matter what their colour, creed or station. That so many here believe he should be excused, merely because his victim perpetrated a crime himself, rather suggests to me that many here really don't understand the concepts of due process and the rule of law. As the victim had been apprehended and actually bound suggests that he should have been brought to justice. I can think of no better way of demonstrating to the people of Afghanistan the moral superiority of the democracy and justice which the west is trying to bring to their land. With this act however, all that was demonstrated was the reverse - that West is as arbitrary and cruel as the Islamism that it opposes.