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Inquiry finds soldiers in Samson illegal
Nov 4 2009 12:00AM By Melissa Braun Sun Staff Writer
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Fort Rucker officials acted outside of their authority when providing soldiers to assist law enforcement in the aftermath of a mass murder in Samson, according to a Department of the Army investigation.
Area officials, however, continue to offer their appreciation to the military post for the support it provides surrounding communities.
A Commander’s Inquiry, directed by Gen. Martin Dempsey, Training and Doctrine Command commanding general, was launched in March to determine how and why Fort Rucker soldiers assisted Samson civilian authorities after the shooting spree of Michael McLendon where10 people were murdered.
The inquiry focused on the purpose for sending military police to Samson, who authorized to send them and what duties they performed.
Col. Michael J. Negard, chief of Public Affairs for the TRADOC, said the inquiry also considered whether law, regulation and policy were followed by Fort Rucker personnel in regard to the response since authorization from the governor or the president are required to mobilize military troops.
According to the inquiry report, 22 military police officers responded to Samson after the shooting spree to man traffic control points and a makeshift morgue as relief for area city and county law enforcement officials.
The inquiry looked at three “tests” to identify whether the use of soldiers violated a federal regulation known as Posse Comitatus Act –– an act geared at limiting military involvement in civilian law enforcement.
The tests included “whether the actions of military personnel were ‘active’ or ‘passive,’” whether the soldiers’ actions “pervaded the activities of civilian law enforcement officials” and “whether the military personnel subjected citizens to the exercise of military power that was regulatory, proscriptive or compulsory in nature.”
In each test, investigators found that the military police overreached the guidelines of PCA because the military police were used to man traffic stops and the makeshift morgue alone and without the assistance of civilian police.
The soldiers also violated PCA by regulating “the freedom of movement of civilian persons.”
The investigation concluded, however, that the violations of PCA were not done purposefully.
Officers responsible for providing military police as assistance to civilian law enforcement, according to the inquiry, “had no intent to violate any law or regulation, and his motives were well-intended to respond to a local community in crisis.”
It further contends that the soldiers were only provided for mutual aid as they would, and have been in past in the case of natural disaster and that there was “no credible evidence of impropriety” by Fort Rucker or any military officers.
Samson Mayor Clay King and Geneva County Sheriff Greg Ward have been quoted by other news sources as saying the MPs helped with traffic control and that the help was welcomed.
Daleville Mayor Wess Etheredge and Coffee County Emergency Management Agency Director John Tallas are among the many Geneva, Coffee and Dale county leaders, area law enforcement officials and individuals who have come to the defense of Fort Rucker and the military police.
“Fort Rucker has always helped us, and we appreciate it,” said Etheredge, stressing the continued need for mutual aid between the local military post and the surrounding communities.
“I look at Fort Rucker like another city. They’ve been wonderful to come and help us through the years, and if they need us, we’re going to go to them,” he said. “That’s the way it needs to be.”
Tallas agreed, saying, “It’s neighbors helping neighbors.”
“We’ve been on the receiving end of their (Fort Rucker’s) support repeatedly and we understand the value-added significance of their presence,” he said.
Tallas and the Coffee County Commission have sent letters to Maj. Gen. James O. Barclay, commanding general of Fort Rucker, expressing support and appreciation for the post.
No actions against either the military officers or Fort Rucker were recommended in the findings, but the report did recommend that evidence collected in the inquiry be presented to the Judge Advocate General (military prosecutors).
The Army’s Counterintelligence Corps refused to investigate the matter.
“The intent was to be a good Army neighbor and help local civilian authorities facing a difficult, unique tragedy affecting the local community. There were no apparent adverse collateral effects to the support provided,” the inquiry concluded.
©Southeast Sun 2009
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Current Opinions
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Nov, 05 2009 thanks Fort Rucker. Samson was in dire need.I have always been taught that this is why we have soldiers.to protect and serve
Name: peggy lee
E-Mail:peggylee55@yahoo.com
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Nov, 05 2009 Thank GOD for our military and for their service to our country and our communities. this is just wrong for them to have any worries about this matter. i know that the community thanks them for their help and support. May GOD blees each and everone of them.
Name: Jack P. Smith
E-Mail:jackiepsmith@yahoo.com
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