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December 31st, 2009 - Judge Dismisses All Charges in Blackwater Shooting

News article from the Associated Press

News article from the Washington Post

Summary of the Blackwater Killings

Judge Dismisses All Charges in Blackwater Shooting

 

By Matt Apuzzo

Associated Press

December 31, 2009

 

Washington - A federal judge dismissed all charges Thursday against five Blackwater Worldwide security guards accused of killing unarmed Iraqi civilians in a crowded Baghdad intersection in 2007.

 

U.S. District Judge Ricardo Urbina said Justice Department prosecutors improperly built their case on sworn statements that had been given under a promise of immunity. Urbina said the government's explanations were "contradictory, unbelievable and lacking in credibility."

 

The decision throws out a case steeped in international politics. The September 2007 shooting in busy Nisoor Square left 17 Iraqis dead and inflamed anti-American sentiment abroad. The Iraqi government wanted the guards to face trial in Iraq and officials there said they would closely watch how the U.S. judicial system handled the case.

 

"We're obviously disappointed by the decision," Justice Department spokesman Dean Boyd said. "We're still in the process of reviewing the opinion and considering our options."

 

Prosecutors can appeal the 90-page ruling.

 

Blackwater contractors had been hired to guard U.S. diplomats in Iraq. The shooting led to the unraveling of the North Carolina-based company, which since has changed its management and changed its name to Xe Services.

 

The five guards are Donald Ball, a former Marine from West Valley City, Utah; Dustin Heard, a former Marine from Knoxville, Tenn.; Evan Liberty, a former Marine from Rochester, N.H.; Nick Slatten, a former Army sergeant from Sparta, Tenn., and Paul Slough, an Army veteran from Keller, Texas.

 

Defense attorneys said the guards were thrilled by the ruling after more than two years of scrutiny.

 

"It's tremendously gratifying to see the court allow us to celebrate the new year the way it has," said attorney Bill Coffield, who represents Liberty. "It really invigorates your belief in our court system."

 

"It's indescribable," said Ball's attorney, Steven McCool. "It feels like the weight of the world has been lifted off his shoulders. Here's a guy that's a decorated war hero who we maintain should never have been charged in the first place."

 

Urbina's ruling does not say whether the shooting was proper, only that the government improperly used evidence to build the case. After the shooting, the State Department ordered the guards to explain what happened.

 

Investigators promised the men that their statements were to be used only for the internal inquiry and would not be used in a criminal case. Such limited immunity deals are common in police departments so officers involved in shootings cannot hold up internal investigations by refusing to cooperate.

 

The deal meant that prosecutors had to build their case without using those statements. Urbina said the Justice Department failed to do so. Prosecutors read those statements, reviewed them in the investigation and used them to get search warrants, Urbina said.

 

The five guards had been charged with manslaughter and weapons charges. The charges carried mandatory 30-year prison terms.

 

It was unclear what the ruling means for a sixth Blackwater guard, Jeremy Ridgeway, who turned on his former colleagues and pleaded guilty to killing one Iraqi and wounding another.

 

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

 

Copyright © 2009 ABC News Internet Ventures

 

External link: http://abcnews.go.com/Politics/wireStory?id=9457712


Judge dismisses all charges in Blackwater shooting

 

By Del Quentin Wilber

Washington Post

December 31, 2009

 

A federal judge on Thursday threw out charges against five Blackwater Worldwide security guards accused of killing 14 people in a 2007 shooting in downtown Baghdad.

 

In a 90-page opinion, U.S. District Judge Ricardo M. Urbina ruled that the government violated the guards' rights by using their immunized statements to help the investigation. The ruling comes after a lengthy set of hearings that examined whether federal prosecutors and agents improperly used such statements that the guards gave to State Department investigators following the shooting on Sept. 16, 2007.

 

"The explanations offered by prosecutors and investigators in an attempt to justify their actions and persuade the court that they did not use the defendants' compelled testimony were all too often contradictory, unbelievable and lacking in credibility," Urbina wrote.

 

Dean Boyd, a spokesman for the Justice Department, said, "We're obviously disappointed by the decision. We're still in the process of reviewing the opinion and considering our options."

 

The five guards - Paul Slough, Nicholas Slatten, Evan Liberty, Dustin Heard and Donald Ball - are charged with voluntary manslaughter and weapons violations in the killing of 14 civilians and the wounding of 20 others.

 

The Justice Department alleges that the guards unleashed an unprovoked attack on Iraqi civilians in Nisoor Square while in a convoy. One guard, Jeremy P. Ridgeway, has pleaded guilty and was expected to testify against the others. Blackwater, which has since renamed itself Xe, had a contract to provide security for the State Department in Iraq.

 

Mark Hulkhower, the defense lawyer representing Slough, said he was obviously pleased. "We are very gratified by the judge's thoughtful and reasoned opinion and we are very happy that Mr. Slough can start the New Year without this cloud hanging over his head."

 

© 2009 The Washington Post Company

 

External link: http://www.washingtonpost.com/wp-dyn/content/article/2009/12/31/AR2009123101936.html

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