By Nadine Elsibai and Cary O’Reilly
Dec. 8 (Bloomberg) -- Five Blackwater Worldwide security guards were charged with manslaughter and weapons violations in the deaths of 14 Iraqi civilians in a hail of gunfire and explosives at a busy Baghdad intersection. The government said they displayed a disregard for human life.
The defendants chose to surrender to authorities in Utah today and were to appear in federal court in Salt Lake City. Government officials said at a news conference it intends to try them in Washington, where support for the war in Iraq isn’t likely to be as strong as in the western state.
A sixth Blackwater guard pleaded guilty last week to voluntary manslaughter and related charges, prosecutors said. The firearms charge against the five defendants carries a mandatory minimum prison term of 30 years and the penalty for manslaughter is 10 years.
The charges are “a reminder” that anyone who engages “in unprovoked attacks will be held accountable,” Assistant Attorney General Patrick Rowan said at a press conference. “Security guards were obligated to refrain from firing their powerful weapons except for necessary self-defense.”
The Blackwater company, which wasn’t charged in the case, said it “does not have access” to the evidence against its employees.
Within the Rules
“Based on the information available to us, we understand that these individuals acted within the rules set forth for them by the government and that no criminal violations occurred,” company spokeswoman Anne Tyrrell said in an e-mailed statement. “If, however, it is determined that an individual acted improperly, then Blackwater supports holding that person accountable.”
Blackwater is “extremely disappointed and surprised” to learn of the guilty plea by the sixth guard, Tyrrell said. If the government’s allegations are accurate, she said, “this individual gave false information to the company to conceal that behavior.”
Blackwater, based in Moyock, North Carolina, previously said its guards acted in self-defense while protecting a diplomatic convoy that came under attack.
The charges were announced today in Washington by the Justice Department and the FBI as officials unsealed an indictment in the case that was returned last week. The government accused the guards of causing the deaths of 14 unarmed civilians and injuring 20 others. Three other fatalities weren’t included in the charges.
Convoy Members
According to court documents, on Sept. 16, 2007, at least six members of a convoy opened fire with automatic weapons and grenade launchers on unarmed civilians near Nisur Square in Baghdad after a car bomb exploded. None of the victims were insurgents and many were shot while inside their cars as they attempted to flee the scene, the indictment said.
One victim was shot in the chest while standing in the street with his hands up, the government alleged.
“The individuals who were charged today displayed a blatant disregard for the core values of the United States Constitution and failed to adhere to the rule of law and the respect for human life,” said Joseph Persichini Jr., assistant director in charge at the FBI Washington Field Office.
Named in the indictment were Paul Slough, 29, of Keller, Texas; Nicholas Slatten, 24, of Sparta, Tennessee; Evan Liberty, 26, of Rochester, New Hampshire; Dustin Heard, 27, of Maryville, Tennessee; and Donald Ball, 26, of West Valley City, Utah.
The sixth guard who pleaded guilty was Jeremy Ridgeway, 35, of California. A sentencing date has not been set in his case.
Security Contractor
Employees at Blackwater, a private security contractor hired to protect State Department personnel, have been involved in at least 195 shooting incidents since 2005, firing the first shot more than 80 percent of the time, according to a report prepared last year by the House Oversight and Government Reform Committee. Twenty-three Blackwater employees have died in Iraq since 2003, according to U.S. Labor Department statistics.
U.S. Attorney Jeffrey Taylor emphasized that the indictment is “very narrow” and not directed against Blackwater itself.
“Six individual Blackwater guards have been charged with unjustified shootings,” Taylor said at today’s press conference. He said that there were 19 Blackwater guards on the team that was at the scene of last year’s killings and “most acted professionally, responsibly and honorably.”
Gates, Rice Memo
Defense Secretary Robert Gates and Secretary of State Condoleezza Rice, in a memorandum last year, spelled out procedures for closer oversight and accountability for almost 10,000 private security personnel in Iraq, most of them authorized to carry firearms.
The Justice Department last year said the guards could be prosecuted after news reports that State Department officials had promised immunity.
A new status-of-forces agreement signed by U.S. and Iraqi officials last month will eliminate contractors’ immunity from prosecution under Iraqi law. The agreement is expected to raise insurance and other costs for Blackwater and other contractors including KBR Inc. of Houston, DynCorp International Inc. of Falls Church, Virginia, and Fluor Corp. of Irving, Texas.
The case is U.S. v. Ridgeway, 08-cr-341, U.S. District Court, District of Columbia (Washington).
To contact the reporter on this story: Nadine Elsibai in Washington at nelsibai@bloomberg.net Cary O’Reilly in Washington at caryoreilly@bloomberg.net
Last Updated: December 8, 2008 17:07 EST
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