I am glad you posted more details, because reading the case, I didn't see where anybody got killed. Plus pre-mediation? How can you have pre-mediation in an action as described.
Yeah, I read the rules of engagement on his site as far as motar fire, which kind of makes sense (I think) because its an area weapon in an urban area. But direct fire?
If someone fired an RPG (direct fire) at one of my tanks, we would "ruin their whole day". A HEP or APRES round doesn't discriminate between who's firing and by-standers.
I was an O-2 2/8 Cav 1st Brigade which was an early deployable Armor Brigade, Vietnam / VOLAR era. I met a lot of combat E-8's and E-7's. These guys are STRAC all had CIB's etc.
His credentials are outstanding. These guys don't get rattled.
I experienced where TOP would recommend an Article 15 or Chapter 13 on some troop, to the CO. I sat in more than a couple and gave a couple Article 15s when XO acting for the CO, as the trooper would say, "well TOP doesn't like me, he's wrong etc." You can tell it was BS and they got punished accordingly within USCMJ guidlines.
I can see a troop,'getting some sort of revenge', for lack of a better word, particularly in a general courts martial.
JAG lawyers, I only had dealings with one,when I was assigned to be a prosecuting officer (all LT's are assigned this duty)on a Chapter 13 hearing (no where near a general court), but it would decide if the troop was going to get thrown out of the service. The JAG lawyer (who represents the defendent) he was shocked when I gave a summation to the presiding officer. I was surprised he didn't for the defense. So I really don't know what level of competance these lawyers have or have not attained.
As mentioned he now has a 'good lawyer' now so it could mean all the difference.
I'd like to see (maybe its already been done) an other 0-6 level or above non-JAG combat Infantry officer not in his chain of command review the case.
I've got some military experience, and think I'am a resonable man, but just based on what's been said in this form, I haven't seen any thing that show's beyond a reasonable doubt or for that matter a prepondence of the evidence for a conviction of this magnitude.
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