Army drops murder charge against infantry officer

Ruling made after two-day hearing at Fort Riley

? The Army on Monday dropped murder charges against an infantry officer accused of giving soldiers in his command permission to kill two Iraqi civilians.

Second Lt. Erick J. Anderson, of Twinsburg, Ohio, had been charged with two counts of murder, two counts of conspiracy, making a false statement, dereliction of duty and conduct unbecoming an officer for allegedly authorizing the shooting deaths of Iraqi civilians by soldiers under his command.

All the charges were dropped after an Army investigator who presided over a two-day hearing at Fort Riley last month recommended that Anderson not face a court-martial.

If convicted, Anderson, 26, could have faced life in prison.

“Today’s a pretty good day,” Anderson said in a telephone interview. “Right now, shock and awe is pretty much still in effect. It’s been a long 18 months that this has all been going on. The reality of it still hasn’t hit that it’s done and over with.”

‘Mercy killing’

Anderson was a platoon leader in Charlie Company, 1st Battalion, 41st Infantry Regiment in August 2004.

Four men in his 36-member platoon were convicted of murdering unarmed Iraqis during operations near Sadr City.

In later statements to Army investigators, two of the soldiers said Anderson gave them the go-ahead to kill civilians, including one incident that was described as a “mercy killing.”

“The convening authority has dismissed the charges and unless any new significant and substantially credible information comes to light there will be no further investigation. The case is closed,” said Lt. Col. David Velloney, deputy staff judge advocate at Fort Riley.

Changes in testimonies

During the November hearing, one of Anderson’s accusers changed his story.

Pvt. Michael Williams, of Memphis, Tenn., testified that Anderson did not order him to shoot an unarmed Iraqi during a mission on Aug. 28 in Sadr City.

Williams said he only implicated Anderson as part of a plea agreement with prosecutors to reduce his own life sentence to 25 years in prison.

Williams said he shot the Iraqi three times before Anderson arrived in a building that was being searched for weapons and insurgents.

A second soldier, Pvt. Johnny Horne Jr., refused to testify unless he was granted immunity from prosecution.

Horne previously had said Anderson gave him permission to kill the teenager to “put him out of his misery.”

Horne, of Wilson, N.C., and Pvt. Cardenas Alban, of Inglewood, Calif., were sentenced to one year in prison for shooting an Iraqi teenager who was severely wounded on Aug. 18, 2004, near Sadr City.

Alban testified in November that he was told by Horne that Anderson gave permission to put the boy “out of his misery.”

Prosecutors in Iraq had dropped charges against Anderson in January, saying there wasn’t enough evidence to prosecute him.

But they left the investigation open, and the case was transferred back to Fort Riley for further review.

New charges were filed in October and included the allegations by Williams.

Anderson said over the past year he relied on the prayers of family and friends to get him through the ordeal.

He thought he was clear of charges in January, only to have them resurface. Monday’s decision allows him to reflect on the events and his future in the Army.

“I haven’t let my emotions take hold of me. You try to take days at a half day at a time. So much would change daily, you couldn’t look to the end of the day,” he said.

Case finally closed

Ohio Reps. Steven LaTourette and Tim Ryan said they would write Defense Secretary Donald Rumsfeld seeking Anderson’s immediate promotion to first lieutenant.

LaTourette, a Republican, and Ryan, a Democrat, had advocated previously that all charges against Anderson be dropped.

“In the end, the system worked, warts and all, and justice prevailed,” LaTourette said.

“There could not be a better Christmas gift for Erick and his family.”

Anderson’s mother said late Monday she was proud of her son for his strength of character and faith.

“His faith has increased tenfold,” Linda Anderson said from her home. “The biggest loser, despite all of this and cost, is the U.S. Army. They forfeited one of their best.”