Feral Jundi

Monday, March 14, 2011

Legal News: Paravant Contractors Get An Involuntary Manslaughter Charge For Self-Defense Shooting In Afghanistan

Filed under: Afghanistan,Legal News — Tags: , , , , — Matt @ 1:49 PM

 

This is stupid. Being charged with involuntary manslaughter for killing the passenger in a threat vehicle? In an active war zone as well?  Think of the situation here. These guys were trying to stop a perceived threat, which happens to be a car driving recklessly towards them and their accident site. To me, the ones responsible for the death of the passenger is the guy driving the vehicle. Chris and Justin were simply acting in self-defense–which the jury has agreed was the case. It’s as if the prosecution had to find ‘something’ to get the evil contractors with, and were able to convince the jury that this was a legitimate charge?

With that said, I certainly hope the defense will file a motion and have this charge removed.  All in all though, this is a victory for the defense in the face of such heavy duty political pressure. The prosecution had a retrial and second chance to go after these two men, and all they could eek out of the process was an involuntary manslaughter charge?  The point is, they failed at convincing a jury that this was murder, and the final outcome was that it was a ‘defensive act’. When the charge is removed, I will post an update. –Matt

From the Free Justin H. Cannon Facebook Page

Justin and Chris were found guilty of one count of involuntary manslaughter at about 4:30 p.m. today.

Their attorneys think they have a chance of getting the verdict set aside, or if that fails, getting it overturned on appeal. Involuntary manslaughter was not in the original indictment, but the prosecution convinced the judge to include it and voluntary manslaughter in his instructions to the Jury.

They were found not guilty of two counts of second degree murder, two counts of manslaughter, one count of involuntary manslaughter, one count of assault and three counts of weapons charges. They didn’t put Justin in jail, allowing him to continue on bond until sentencing which is set for June 14, so he’ll come home with me tomorrow.

They also allowed Chris to go home to his family while awaiting sentencing.

While the maximum sentence for involuntary manslaughter is 8 years, sentencing guidelines call for anywhere from 10-33 months. Justin had already spent 9 months in jail waiting on the trial.

Justin is incredibly resilient. All along Susan and I have marveled at how much better he was handling things than we were. It continued today. While he said he was disappointed he and Chris were not acquitted, he said it could have been much worse – the weapons charges carried life sentences and the second degree murder charges 30 years to life. One of the investigators on his defense team said, “You taught me something today, Justin.” One of the U.S. Marshals pulled me to the side and said he felt like Justin was getting a raw deal. The secretaries, interns and other lawyers in his attorney’s office attended the trial and were in tears at the verdict. Even the court reporter who read the verdict choked back tears when she had to read the guilty finding for Justin.

He had a positive affect on everyone he came across during this ordeal. I think he feels like there was a reason behind what he’s gone through. It hasn’t made it any easier, but at least it’s helped to keep him optimistic about the future. As he told me on the way to the hotel room this evening, “It ain’t over yet. The Big Guy is in charge and I guess He has a plan for me.”

Thanks again to all for your support over the past 14 months. I would ask that you continue to lift Justin and Chris up in your prayers daily. It’s not over. God is bigger than any problem we face and He will deliver us if we put our faith and trust in Him.

Link to page here.

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From the Support Chris Drotleff Page

First and foremost I would like to thank each and everyone of you for your prayers and support for the past 14 months. It has mean more than the world to us, more than you will ever know. We would of not made it this far without each and everyone of you. Each one of you have made quite a difference with the support that you have given to Chris and our family weather it’s writing to Chris, sending him books, donating to his Canteen, making a visit, attending his hearings and trials, sending us prayers, sending care packages to our kids and I, helping with the kids, helping with our numerous car situations, making visits to check up on the kids and I, sending cards and flowers, calling, texting, emailing, sending messages, having chat sessions, posting words of encouragement, making donations and even seeing that we have close to 5000 members here warms our heart to know that we have so much support and to know that there is a lot of people out there that really do care for Chris and our family. And all of this has resulted in helping us to keep on going, managing to keep our home throughout the past year, helping us to be able to have transportation, helping to keep us healthy from your support, helping to keep my spirits and strength up for the kids and Chris and so much more. We sincerely and graciously thank each and everyone of you.

Today’s verdict came in for Chris and Justin guilty of one count of involuntary manslaughter. Involuntary manslaughter was not in the original indictment, but the prosecution convinced the judge to include it and voluntary manslaughter in his instructions to the Jury.

They were found not guilty of two counts of second degree murder, two counts of manslaughter, one count of involuntary manslaughter, one count of assault and three counts of weapons charges. Chris was finally released today on bond until his sentencing date which is set for June 14th.

While the maximum sentence for involuntary manslaughter is 8 years, sentencing guidelines call for anywhere from 10-33 months. Chris had already spent 14 months in jail waiting on the trial.

(Thanks to Mr. Cannon for the few excerpts which I have included here from his updates, as he is a wonderful journalist and has kept everyone updated each day of this trial.)

I have also included a link below for further news caption on this trial:

Please keep the prayers and support coming as this is not over, sentencing is scheduled for June 14th.

Again, thanks to all for your prayers and support for the past 14 months.

Link to page here.

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Blackwater duo convicted of involuntary manslaughter

By Tim McGlone

March 13, 2011

In what appeared to be a compromise verdict, a federal jury Friday found two former Blackwater contractors guilty of one manslaughter count but acquitted the pair of all other charges in the shootings of three Afghans.

Christopher Drotleff of Virginia Beach was already weeping as the clerk read “not guilty” over and over again to charges of murder, assault and weapons offenses. Co-defendant Justin Cannon stood nearby stoically.

The jury in U.S. District Court found Drotleff and Cannon guilty of involuntary manslaughter for the shooting death of a passenger in a car they fired on at a Kabul intersection on May 5, 2009.

Jurors found them not guilty of murder or manslaughter for the shooting death of a pedestrian, who happened to be walking a dog nearby that night. They also acquitted both of assault for wounding the driver of the car, a decision that Cannon’s attorney, James Broccoletti, called “puzzling,” because they found wrongdoing for shooting the passenger but no wrongdoing for wounding the driver.

But Cannon and Drotleff were happy when it was over, the lawyers said.

Cannon was looking at a mandatory life prison sentence if the jury had found him guilty of using an AK-47 machine gun that night. Drotleff didn’t face that much time because he had a handgun, but would have faced decades behind bars. The jury acquitted them of all weapons charges.

Involuntary manslaughter carries a maximum penalty of eight years in prison, but under federal sentencing rules Drotleff and Cannon are likely facing one to two years in prison, or even time already served, their lawyers said.

Drotleff, Cannon and their families declined comment after the verdict, citing the ongoing case. Sentencing was set for June 14.

“I just want to go home,” was all Cannon would say as he walked out of court with his father. Cannon is from Corpus Christi, Texas, but has been living in Louisiana with his parents.

Drotleff, who lives in Virginia Beach with his wife and children, was allowed out on bond after the verdict, the first time he has been free since early January 2009. Cannon already was out on bond.

The two Blackwater firearms instructors say they fired their guns in self-defense that night as they were helping co-workers who had just crashed at a busy intersection. Drotleff and Cannon said they feared a sedan that had driven at them down the wrong side of the road could have been a suicide bomber.

Cannon told authorities that he had seen a sedan just like it minutes earlier carrying men with guns. The car rammed their lead convoy vehicle, causing it to crash.

Prosecutors alleged that the two made up that story to cover themselves for firing recklessly, from behind, at the Afghans. The driver testified that he was heading home from dinner with his cousin, who was killed. They were unarmed.

Drotleff’s attorney, Lawrence H. Woodward Jr., said his client was happy to be finally going home.

“He’s delighted to be reunited with his wife and children,” Woodward said. “We’re going to continue to work to make sure all the charges are cleared from his name.”

Woodward and Broccoletti said they plan to file motions to throw out the one conviction.

“It’s difficult to fathom,” Broccoletti said of the verdict. “I think it’s a compromise.”

Jurors – 10 women and two men – spent nearly 20 hours over three days deliberating. At times, shouting could be heard inside the jury room, and just before they emerged with their decision, there was clapping in the room.

“The jurors recognized that there was a significant degree of self-defense involved,” Broccoletti said.

“All in all, it’s a good day for these guys.”

Federal prosecutors declined to comment afterward. A spokesman for the U.S. Attorney’s Office also declined to comment.

Story here.

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