GI may pay for wartime 'carjacking'

But supporters of one soldier, Sgt. 1st Class James Williams, say Army efforts to win the good will of Iraqis ended with charges that could send him to prison.

Williams, 37, is accused of carjacking at gunpoint a sport utility vehicle driven by the son of an influential sheik in Mosul, Iraq, in April 2003 -- less than a week before President Bush declared an end to major combat.

But Williams' defense says the vehicle was properly "commandeered" under the military's wartime rules of engagement after two of the platoon's Humvees broke down.

Williams is to appear Monday at Fort Campbell in Kentucky for a court martial on charges of armed robbery and willful dereliction of duty. The father of two and veteran of both Iraq wars faces up to 15 years in prison if convicted.

"I think it's important to them to win the hearts and minds of the Iraqi people, and I think Jim, in addition to a lot of other people, are being used," said Alice Winebarger, Williams' sister. "The Army should be supporting my brother, not turning its back on him."

Williams' defenders claim the soldier was simply following orders to find a vehicle to replace one of the Humvees. The Army has said his actions amounted to robbery.

"The accused's actions were an unjustified and indefensible criminal act of robbery," said a statement released by the 101st Airborne Division. "Taking civilian property in wartime is a very sensitive matter that may jeopardize the successful accomplishment of the overall mission."

Another soldier already has been convicted in the case and sentenced to prison. A lieutenant also faces a court-martial.

According to court papers filed by Williams' attorney, the SUV was weaving in an out of traffic and stopped only after being chased for five miles by another sergeant in Williams' platoon.

The SUV was used for several days by the command staff in plain view, said Bernard Casey, Williams' attorney. The U.S. government later paid Sheik Ahmed W. Al-Faisal $32,000 for the vehicle.

"There is no evidence that I am aware of that Sgt. Williams at any time thought he was doing anything wrong, and that at all times the evidence is he was doing what was expected of him under the circumstances," Casey said.

Prosecutors, however, have said special orders were given in Mosul forbidding the use of civilian vehicles. Williams' brigade commander, Col. Joseph Anderson, has testified that the rules of engagement had been changed to prohibit it.

Winebarger, Williams' sister, believes the only mistake Williams made was not giving a receipt when the soldiers left in the SUV, which they had been instructed to do early in the war if they took a civilian vehicle for military purposes.

"There were Iraqi people gathering around," Winebarger said. "Instead of giving a receipt, he left. He was able to do what he needed to do without anybody getting hurt. He should be applauded."

Williams, of rural Westmoreland County, Va., and a member of the 326th Engineer Battalion, was not available to comment, his attorney said.

In October, Lozano was found guilty of robbery and making a false statement. He was sentenced to 2Ã‚Â½ years in prison and received a bad conduct discharge from the Army.

A court martial for Lt. Bradley Havlik is scheduled Aug. 9 on charges including being an accessory to robbery. His attorney did not return a call for comment.

My dad, who is a WWII veteran, often mentions the fact that his infantry division became a mechanized division by the simple expedient of confiscating any and all available motorized transport. This was after they crossed the Rhine and were racing through the Ruhr. Lord knows how much longer the war would have lasted if they had had to give receipts for everything "liberated".

The lawyers are supposed to evaluate the proportional military gain against the potential civilian cost. The planning cell of the AOC has many lawyers and in any Tier IV area this is critical. To assist in this judgment call are technology (CDET for example), intel, ops, weaponeering, etc. The lawyers are then supposed to provide the JFACC with their assessment if the proportional military gain is worth the probable civilian cost.

That said, too many clintoon-era lawyers are still around and acting spineless.

Your point holds merit and I would add that in some instances many of the Senior Non-coms have been in combat which can be an advantage to the defandant in this case. However, we will have to let the chips fall and see the outcome. Thank You El Gato, for your reply. Bush/Cheney 2004

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