U.S. soldier accused in Afghanistan massacre makes plea deal: lawyer

[Astrad]

Source: Toronto Star

SEATTLE—The U.S. soldier charged with killing 16 Afghan villagers in one of the worst atrocities of the Afghanistan war has agreed to plead guilty in a deal to avoid the death penalty, his lawyer said Wednesday.

Staff Sgt. Robert Bales is scheduled to enter guilty pleas to charges of premeditated murder June 5 at a military base in the U.S., said lawyer John Henry Browne. A trial for Bales’ sentencing is set for September. The judge and the base’s commanding general must approve a plea deal.

“The judge will be asking questions of Sgt. Bales about what he did, what he remembers and his state of mind,” Browne said. An army spokesman, Maj. Gary Dangerfield, confirmed that a plea hearing is scheduled but said he could not immediately provide other details.

Bales slipped away from his remote southern Afghanistan outpost early on March 11, 2012, and attacked mud-walled compounds in two sleeping villages nearby. Most of the victims were women and children, and some of the bodies were piled and burned.

Read more: http://www.thestar.com/news/world/2013/05/29/us_soldier_accused_in_afghanistan_massacre_makes_plea_deal_lawyer.html

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I'm not pro death penalty but this seems bizarre that a guy could kill this many civilians including children and yet they could put potentially put Jody Arias to death.

[atreides1]

1. There is a slight difference

Bales is being judged under military law...he was also under the influence of drugs and alcohol.

Jody Arias was convicted by civilian law...and was sober when she killed her boyfriend, as far as we know!

[happyslug]

6. Under ANY US Law, Drugs and Alcohol are NOT grounds for a lesser sentence,

Now, if you are given drugs or alcohol without your knowledge or against your will, then it is a Defense, but that is NOT the case with this Soldier, he was intoxicated by his own hands.

While under the influence of Alcohol and/or Drugs he committed pre-mediated murder of 14 people.

Now, Alcohol and/or Drug use is often grounds that someone did not have the intent to do an act, for example when a drunk driver runs over someone. He or she did not intent to kill the person they ran over, there intoxication lead to the killing. No premeditation when it comes to such deaths and often the lack of premeditation is enough to make the charge Manslaughter as oppose to murder.

Another way to look at it, is no death would have occurred except for the drinking and if that is the case no premeditation, no first degree murder.

The problem is that is NOT the case with these murders. He did not accidentally shoot these 14 people, he took aim and fired. His drinking may have help put him in the mind to kill these 14 people, but it did NOT cause the actual deaths (His drinking did not lead to him to lose control over his rifle and then that lost of control lead to these 14 people being killed by the rifle).

The difference is clear, it is one of intent. Taking aim and opening fire shows a clear intent to kill people. Driving drunk and as a result killing someone does NOT show any intent to kill someone.

Side Note: I do NOT want anyone to have the impression I believe Drunk drivers should NOT be punished. Driving a car, while intoxicated shows enough "Recklessness" to justify a murder conviction (and depending on the circumstances enough "Gross Recklessness" to justify a murder One Conviction). A death sentence requires something more mere "Recklessness" it requires some intent to due real harm and that is the only point I was trying to make above, NOT to justify giving a lesser sentence to someone who killed someone while driving under the influence.

[Factfriendly McFact]

2. are Muslims that kill Americans allowed to make plea deals?

I'm not sure.

[marble falls]

3. They barely rate legal representation or even an explanation of any charges. Americans ...

at least get a charge and a deal to plea. Justice is turning more and more into sausage making. The death penalty is just plain flat out wrong for everybody.

[ltheghost]

4. Crazy.

It's real simple. Give him to the Afghan authorities and let them handle it. The coward went in and killed women and children. Put him down like the mad dog he is. No need to waste a prison cell for this guy.

[colorado_ufo]

5. He surely seems desperate to save his own life.

Too bad he had no compassion for these poor, innocent people.

[DreamGypsy]

7. I am not a death penalty proponent ...

...but these multicultural, multinational massacres rip apart reason.

How can one reconcile the sight of a daughter's or granddaughter's body, shredded by bullets, with the knowledge that the killer is confined but still living:

Guardian UK: Robert Bales agrees to plead guilty to murder of 16 Afghan civilians:

Bales was serving his fourth tour in a combat zone – the allegations against him raised questions about the toll multiple deployments were taking on American troops. For that reason, many legal experts believed it that it was unlikely that he would receive the death penalty, as army prosecutors were seeking. The military justice system has not executed anyone since 1961.

Nevertheless, the plea deal could inflame tensions in Afghanistan. In interviews with the AP in Kandahar in April, relatives of the victims became outraged at the notion that Bales might escape the death penalty. Some even vowed revenge.

"For this one thing, we would kill 100 American soldiers," said Mohammed Wazir, who had 11 family members killed that night, including his mother and 2-year-old daughter.

"A prison sentence doesn't mean anything," said Said Jan, whose wife and three other relatives died. "I know we have no power now. But I will become stronger and if he does not hang, I will have my revenge."

Three of Jan's family members were wounded, including his 7-year-old granddaughter, who was shot in the head.

[Tx4obama]

8. Kick n/t

[bluedeathray]

9. War crimes you say?

No matter how many policies you put on paper, in reality, there are no rights and wrongs in war. War itself is a crime. War cannot be justified.

― Thisuri Wanniarachchi

(partial quote. full statement- http://www.goodreads.com/quotes/tag/war-crimes )