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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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April 15th,
2007 - Who Did the Shooting and Why? News article by the Washington Post |
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A Chaotic Day On Baghdad's Airport Road By Steve Fainaru Washington Post Foreign Service April 15, 2007; A01 On the afternoon of July 8,
2006, four private security guards rolled out of Baghdad's Green Zone in an
armored SUV. The team leader, Jacob C. Washbourne, rode in the front
passenger seat. He seemed in a good mood. His vacation started the next day. "I want to kill
somebody today," Washbourne said, according to the three other men in
the vehicle, who later recalled it as an offhand remark. Before the day was
over, however, the guards had been involved in three shooting incidents. In
one, Washbourne allegedly fired into the windshield of a taxi for amusement,
according to interviews and statements from the three other guards. Washbourne, a 29-year-old
former Marine, denied the allegations. "They're all unfounded, unbased,
and they simply did not happen," he said during an interview near his
home in Broken Arrow, Okla. The full story of what
happened on Baghdad's airport road that day may never be known. But a
Washington Post investigation of the incidents provides a rare look inside
the world of private security contractors, the hired guns who fight a
parallel and largely hidden war in Iraq. The contractors face the same
dangers as the military, but many come to the war for big money, and they
operate outside most of the laws that govern American forces. The U.S. military has
brought charges against dozens of soldiers and Marines in Iraq, including 64
servicemen linked to murders. Not a single case has been brought against a
security contractor, and confusion is widespread among contractors and the
military over what laws, if any, apply to their conduct. The Pentagon
estimates that at least 20,000 security contractors work in Iraq, the size of
an additional division. Private contractors were
granted immunity from the Iraqi legal process in 2004 by L. Paul Bremer, head
of the Coalition Provisional Authority, the U.S. occupation government. More
recently, the military and Congress have moved to establish guidelines for
prosecuting contractors under U.S. law or the Uniform Code of Military
Justice, but so far the issue remains unresolved. The only known inquiry into
the July 8 incidents was conducted by Triple Canopy, a 3 1/2 -year-old
company founded by retired Special Forces officers and based in Herndon.
Triple Canopy employed the four guards. After the one-week probe, the company
concluded that three questionable shooting incidents had occurred that day
and fired Washbourne and two other employees, Shane B. Schmidt and Charles L.
Sheppard III. Lee A. Van Arsdale, Triple
Canopy's chief executive officer, said the three men failed to report the
shootings immediately, a violation of company policy and local Defense
Department requirements for reporting incidents. He said Triple Canopy was
unable to determine the circumstances behind the shootings, especially since
no deaths or injuries were recorded by U.S. or Iraqi authorities. "You have to assume
that, if someone engages, he is following the rules and that he did feel a
threat," Van Arsdale said, adding that conflicting accounts, delays in
reporting the incidents and lack of evidence made it impossible to determine
exactly what provoked the shootings. Triple Canopy officials said they have
lobbied for more regulation of contractors since 2004 to better define how
incidents such as the July 8 shootings are reported and investigated. Many details about the
shootings are in dispute. This account is based on company after-action
reports and other documents, court filings, and interviews with current and
former Triple Canopy employees, including all four men riding in the armored
Chevrolet Suburban that day. Schmidt and Sheppard said
they were horrified by what they described as a shooting rampage by
Washbourne and waited two days to come forward because they feared for their
jobs and their lives. The two have sued Triple Canopy in Fairfax County
Circuit Court, arguing that the company fired them for reporting a crime. But another man in the
vehicle, Fijian army veteran Isireli Naucukidi, said Sheppard, who was
driving, cut off the taxi on Washbourne's orders, giving him a better shot.
Naucukidi said the three American guards laughed as they sped away, the fate
of the Iraqi taxi driver unknown. Schmidt told Washbourne, "Nice
shot," according to Naucukidi. Naucukidi also said that
Schmidt was responsible for an earlier shooting incident that afternoon
involving a white civilian truck, and that he believed Schmidt and Sheppard
had blamed Washbourne to cover up their own potential culpability. Schmidt
denied responsibility for that shooting but acknowledged in an interview he
had fired a warning shot into the grille of a car on a separate airport run
that morning and had failed to report it. Naucukidi left Triple Canopy
on his own shortly after the incidents occurred. Company officials said he
was not fired because, unlike the three other guards, he had reported the
shootings immediately. During an interview on the Fijian island of Ovalau,
where he farms, Naucukidi said he decided not to return to Triple Canopy
because "I couldn't stand what was happening. It seemed like every day
they were covering something" up. The presence of heavily
armed guards on the battlefield has long been a wild card in the Iraq war.
Insurgents frequently attack them. Iraqi civilians have expressed fear of
their sometimes heavy-handed tactics, which have included running vehicles
off the road and firing indiscriminately to ward off attacks. Current and former Triple
Canopy employees said they policed themselves in Iraq under an informal
system they frequently referred to as "big boy rules." "We never knew if we
fell under military law, American law, Iraqi law, or whatever," Sheppard
said. "We were always told, from the very beginning, if for some reason
something happened and the Iraqis were trying to prosecute us, they would put
you in the back of a car and sneak you out of the country in the middle of
the night." Naucukidi said the American
contractors had their own motto: "What happens here today, stays here
today." June 2: Hilla Washbourne sported a shaved
head, a goatee and a mosaic of tattoos and piercings on his muscular,
6-foot-3-inch frame. He led one of two teams on Triple Canopy's
"Milwaukee" project, a contract to protect executives of KBR Inc.,
a Halliburton subsidiary, on Iraq's dangerous roads. He earned $600 a day
commanding a small unit of guards armed with M-4 rifles and 9mm pistols, the
same caliber weapons used by U.S. troops. The men referred to each
other by their radio call signs. Washbourne was "JW," his initials.
Sheppard, a former U.S. Army Ranger, was "Shrek," for his
resemblance to the cartoon monster. Schmidt, a former Marine sniper, was
"Happy," an ironic reference to his surly demeanor. Naucukidi was
"Isi," an abbreviation of his first name. Schmidt and Sheppard earned
$500 a day. Naucukidi earned $70 a day for the same work. One of the largest security
firms in Iraq, Triple Canopy was known for its elite, disciplined guards,
including many Special Operations veterans from all branches of service. The
company provides security at some checkpoints inside Baghdad's Green Zone.
But Triple Canopy officials said the company is not responsible for
protecting the Iraqi parliament building, where a bomb Thursday killed at
least one person and wounded at least 20. On the Milwaukee project,
Washbourne came to symbolize a lack of discipline that was a departure from
the company's approach, according to several current and former employees. Unlike the U.S. military,
which prohibits drinking, Triple Canopy employees ran their own bar, called
the Gem, inside the Green Zone. Washbourne sometimes drank so heavily his
subordinates had to roust him for his own operations briefings, four current
and former employees said. Washbourne said he drank, but seldom to excess. An incident a month before
the shootings underscored doubts among his colleagues about Washbourne's
leadership, several of them said. On June 2, Washbourne was leading a convoy
to a State Department compound in Hilla, about 60 miles south of Baghdad. The
Suburban in which he was a passenger jumped a curb at a high rate of speed,
shattering the axles and halting the exposed SUV in the middle of the
highway. A blue civilian truck
suddenly flew around a blind curve and headed toward the convoy, according to
Washbourne and Naucukidi, who was riding with him that day. Washbourne fired
more than a dozen rounds into the oncoming truck with his M-4, wounding the
driver. He later said he felt threatened. Washbourne then insisted on
torching his damaged SUV with incendiary grenades instead of having it towed. Washbourne said he was
following standard operating procedure, which calls for a vehicle to be
destroyed once it is disabled to prevent it from falling into the hands of
insurgents. Naucukidi said Washbourne
ordered the guards to tell investigators that the convoy had been attacked by
insurgents, even though many of them believed it had merely been involved in
a traffic accident. Washbourne insisted that a small explosion precipitated
the incident and that the SUV had been run off the road by another vehicle. When the team returned to
Baghdad, Naucukidi said, it was met by Ryan D. Thomason, a close friend of
Washbourne's who was serving as acting project manager. "What happens here
today, stays here today," Thomason said, according to Naucukidi.
"Good job, boys." Thomason instructed the team
not to discuss the incident for security reasons, said his attorney, Michael
E. Schwartz. Triple Canopy recently opened a separate investigation into the
incident after new information about it surfaced during litigation over the
July 8 shootings. July 8: Baghdad Airport The July 8 afternoon run was
to be Washbourne's last before he returned to Oklahoma. The team was to
travel to Baghdad International Airport to pick up a client, then return to
the Green Zone. Washbourne, as team leader,
led a pre-mission briefing in the parking lot. As the briefing concluded,
according to Naucukidi, Washbourne cocked his M-4 and said, "I want to
kill somebody today." Naucukidi said he asked why.
He recalled that Washbourne replied: "Because I'm going on vacation
tomorrow. That's a long time, buddy." In an incident report that
he later submitted to Triple Canopy, Sheppard wrote that Washbourne also
informed him that he was "going to kill someone today." In an
interview, Schmidt said he heard a similar remark. Washbourne denied making
any comment about his hope or intention to kill that day. Naucukidi said he didn't
take the comment seriously, because Washbourne frequently made similar jokes.
"He did this really every mission: 'Okay, let's go shoot somebody,'
" Naucukidi said. Washbourne sat in the front
passenger seat of the "follow" vehicle - the third Suburban in a
three-truck convoy, which included a lead vehicle, filled with guards, and
what they called the "limo," a Suburban used to ferry the client.
Sheppard drove. Schmidt and Naucukidi sat behind them facing backward to
protect against a rear attack. The four men agree on what
happened next. The convoy arrived at Checkpoint 1, just outside the airport,
and set up a blocking position to allow the lead vehicle and the
"limo" to proceed through the checkpoint. The contractors noticed a
small white pickup truck moving up slowly behind them from a distance of
about 200 yards. At this point, the stories
diverge. Naucukidi said Sheppard
moved the Suburban to give Schmidt a better view. Naucukidi said that he and
Schmidt tried to warn the white truck to stop but that it was still moving
forward when Schmidt fired three times with his M-4. He said the truck
stopped immediately but was still too far away for the men to see where the
bullets hit. Naucukidi also said the
truck was too far away and was moving too slowly to pose a threat. Schmidt and Sheppard waited
two days before coming forward, then gave nearly identical accounts of what happened.
Both said that it was Washbourne who shot at the white truck and that he
fired intentionally into the windshield. "His intention was to
kill," said Schmidt, who claimed he saw a "splash" of glass
from the bullets striking the windshield. Schmidt and Sheppard said
Washbourne warned them not to mention the incident, quoting him as saying,
"That didn't happen, understand?" Washbourne said he only
recalled firing two warning shots at a much larger white truck in an incident
during a different run that morning. Naucukidi said he believes Washbourne is
confusing that shooting with yet another incident that had occurred at the
same location a few days earlier. "There was no comments
about 'That didn't happen, you understand,' or anything," Washbourne
said. "I am not a clever or
witty man; I don't say things like that," he said. "And I'm not a
morbid or sadistic" person. July 8: Route Irish The convoy continued through
the checkpoint to pick up the KBR executive at the airport. It then left the
airport and began the return trip. Sheppard wrote that he
observed "an Ambulance and a lot of activity" where the shooting
had taken place. He and Schmidt said Washbourne threatened them again not to
say anything. Washbourne denied making any
threats and said no ambulance was parked near the checkpoint. Naucukidi also
said he did not see an ambulance. The convoy continued down
the airport road, called Route Irish by the military and contractors, toward
the Green Zone. It reached speeds of 80 miles per hour. Schmidt, Sheppard and
Naucukidi agree that the convoy then came upon a taxi. According to the accounts of
Schmidt and Sheppard, Washbourne remarked, "I've never shot anyone with
my pistol before." As the Suburban passed on the left, Washbourne pushed
open the armored door, leaned out with his handgun and fired "7 or 8
rounds" into the taxi's windshield, both wrote in their statements. Schmidt wrote: "From my
position as we passed I could see the taxi had been hit in the windshield,
due to the Spidering of the glass and the pace we were travelling, I could
not tell if the driver had been hit, He did pull the car off the road in an
erratic manner." Sheppard said Washbourne was
"laughing" as he fired. Washbourne called their
accounts "an absolute, total fabrication." He said the Suburban's
high rate of speed and the wind resistance would have made the shooting
"physically impossible." "There's not an ounce
of truth in it. It did not happen," Washbourne said angrily. "And
as far as the statement goes where I said, 'I've never shot anyone with my
pistol,' that is a lie. It was never one time said." Naucukidi said that
Washbourne fired at the taxi with his M-4 and that he ordered Sheppard to cut
off the taxi beforehand. Naucukidi said Sheppard followed the order and used
the Suburban to slow down the taxi and give Washbourne a better position to
shoot from. "When we were slightly
ahead, JW just opened his door and started shooting the taxi from where we
were sitting," Naucukidi said in an interview. Naucukidi described the taxi
driver as a 60- to 70-year-old man. He said he saw one hole in the taxi's
windshield but could not tell if the driver had been hit. He said the taxi
abruptly stopped. "From my point of view,
this old man, he was so innocent, because he was ahead of us with a normal
speed," Naucukidi said. "He couldn't have any danger for us." Sheppard sped away to catch
up to the rest of the convoy, according to Naucukidi, who added that the
three Americans were laughing and that Schmidt reached over, tapped
Washbourne on the shoulder and told him, "Nice shot." "They felt that it was
so funny," Naucukidi said. Schmidt denied that he
complimented Washbourne. "No, I don't get a thrill out of killing
innocent people," he said. "That was a moment of shame." Divergent Reports When the convoy returned to
the Green Zone, members of the team scattered. Naucukidi said he
immediately told his supervisor, Jona Masirewa, who served as a liaison
between the Fijian contractors and the Americans, about the incidents. He
said Masirewa instructed him to write up a report to use in case an
investigation occurred. Naucukidi wrote the one-page
report on his laptop. It contained brief summaries of the two afternoon
shootings. Of the first incident, near
the airport checkpoint, Naucukidi wrote that the white truck was approaching
slowly and was 200 meters away when Schmidt opened fire: "Happy shot three
(3) rounds from his M4 rifle, and the white bongo truck stopped." In the second incident,
Naucukidi wrote, the Suburban "over took one white taxi with an Iraqi
single pack," or passenger. He wrote that "our team leader opened
his door and fired three rounds at white taxi." But Naucukidi said Masirewa
feared losing his job and did not immediately turn over the report. "It
was a difficult thing for us because we are TCNs," or third-country
nationals, "and they are expats," Naucukidi said. "They are team
leaders, and they make commands and reports on us. And the team leaders were
always saying, 'What happens today, stays today,' and if something like that
happens, the team leaders, they start covering each other up." Masirewa, who is still
employed by Triple Canopy in Iraq, did not return e-mails seeking comment. By the time Washbourne went
on vacation the following day, Schmidt and Sheppard had not reported the
incidents. Schmidt said he was concerned about "catching a bullet in the
head." Sheppard said he was so shaken he spent the night at another
location inside the Green Zone. But other employees did not
believe that Schmidt and Sheppard feared for their safety. Rather, they said,
the two men feared for their high-paying jobs and believed that Thomason, the
assistant project manager, would throw his support behind Washbourne, his
close friend. On July 10, two days after
the incidents on the airport run, Sheppard finally went to Asa Esslinger,
another supervisor, and reported them to Triple Canopy management. ‘Just a Rampant Day’ On July 12, back home in
Oklahoma, Washbourne received a call on his cellphone from Triple Canopy's
country manager, Kelvin Kai, he recalled later. Washbourne said Kai asked
him if he remembered any shooting incidents July 8. Washbourne said he told
Kai that he had forgotten to file written reports. He said he rushed to his
apartment from a Tulsa pizza restaurant and sent in the reports from his
laptop. Two hours later, Kai called
again from Baghdad. "He said that allegations were made that it was just
a rampant day, is I believe what he called it, of shooting and mayhem,"
Washbourne recalled. "I said, 'No, boss, you got those two reports.'
" Kai could not be reached for
comment. Triple Canopy declined to make him available, citing the ongoing
lawsuit. The following day, Triple
Canopy suspended Schmidt and Sheppard pending an internal investigation. No
action was immediately taken against Washbourne because he was home on leave,
according to the company. "It is essential that
we have your complete cooperation in reporting the facts and circumstances of
all the activities not only to Triple Canopy but also to officials from DoD
and KBR if necessary," wrote Tony Nicholson, a Triple Canopy vice
president, in letters to Schmidt and Sheppard. Triple Canopy said it took
statements from 30 potential witnesses for its internal probe. One week
later, the three guards were informed by Raymond P. Randall, a senior vice
president of Triple Canopy, that they had been fired. "I am personally
disappointed that you failed to immediately recognize the seriousness of this
breach of operating procedures and its potential impact on the company's
reputation," Randall wrote. The terminations did not
preclude the possibility of future investigations by the military, Randall
wrote. Van Arsdale, a retired
colonel in the Army's Delta Force and a winner of the Silver Star, said
Triple Canopy reported the incidents to KBR and to military officials in the
Green Zone. Triple Canopy officials said
that because of the seriousness of the allegations, they expected that the
military would conduct a separate investigation to determine whether further
action was warranted. Lt. Col. Michael J. Hartig,
the former director of security for the Green Zone, said Triple Canopy
officials approached him in his office but did not specify the allegations.
"They mentioned they had a couple guys do some things that were
questionable on the road, and that was pretty much it," he said. Hartig said he informed
Triple Canopy that such incidents were "out of my venue." He said
he referred the company to the Joint Contracting Command for Iraq and
Afghanistan, which administers contracts. "I didn't want to get involved
in this because I had enough going on in my life," Hartig said. "It
was like, 'Here's the point of contact. Have a nice day.'" Two military spokespeople
said they were unaware of any investigations into the shootings. Maj. David
W. Small, a spokesman for the United States Central Command, which oversees
Iraq, said: "This is not a Centcom issue. It's whoever was running that
contract." "We're fighting a war
here," Small said. Staff writer Tom Jackman and
staff researcher Julie Tate contributed to this report. External link: http://www.washingtonpost.com/wp-dyn/content/article/2007/04/14/AR2007041401490.html |