American soldier charged in Iraq killings of deaf, unarmed teens
An Army small-kill team leader is charged by military investigators with two counts of murder in the fatal shootings of two deaf, unarmed Iraqi youths in March 2007, an incident first made public in a Tribune-Review investigative report last year.
Then-Staff Sgt. Michael Barbera is accused of killing Ahmad Khalid al-Timmimi, 15, and his brother Abbas, 14, as they tended to cattle in a palm grove near As Sadah, an Iraqi village about 50 miles northeast of Baghdad.
Barbera, 31, who was later promoted to sergeant first class, also is charged with lying to his commanders, directing fellow soldiers to lie to military investigators and making a threatening phone call to a civilian in an effort to keep what happened from becoming public. He was charged on Wednesday at Alaska's Fort Richardson and is in the process of being flown to Joint Base Lewis-McChord near Tacoma, where he will undergo a formal arraignment — called an Article 32 hearing in the military.
Defense attorneys at Lewis-McChord could not comment on the charges, which were confirmed by military officials and Maj. Barbara Junius, an Army spokeswoman. No date has been scheduled for Barbera's hearing, but it likely will convene early next year.
The killings of the two Iraqi youths were the subject of a special Trib investigative report, “Rules of Engagement,” published in December. The eight-page special section, which won a national Investigative Reporters and Editors Award and other honors, can be found online with an interactive map.
Barbera was a small-kill team leader in Charlie Troop, 5th Squadron of the 73rd Airborne Reconnaissance Regiment out of Fort Bragg, N.C., engaged in counterinsurgency operations in Iraq's restive Diyala province when the killings occurred. Several of the cavalry scouts on the mission said Barbera killed the brothers and then lied to his commanders about how the boys died, a moral wound of war that they could not accept.
“None of us feel good about this. But I'm glad that the Army is doing the right thing,” said Ken Katter, 46, of Saginaw, Mich., the sniper assigned to Barbera's team.
Katter was among the unit whistle-blowers who brought the case to the Army, in part because they believed then that the boys' deaths led to two truck bomb attacks on their forward outpost in As Sadah in the weeks after. Ten soldiers with the 82nd Airborne were killed in the attacks — the division's worst loss since the Vietnam War.
A former Marine and police officer in Michigan who rejoined the military because of 9/11, Katter was later medically retired from the Army because of wounds he suffered from a roadside bomb. He and others in the team said they faced reprisals from fellow soldiers for coming forward against Barbera.
Documents obtained by the Trib show investigators and prosecutors with the Army's Criminal Investigation Command who originally reviewed the allegations recommended Barbera be charged with two counts of murder and other charges. Such charges never made it to an Article 32 hearing.
According to the investigative report provided to the Trib, Barbera instead received a light reprimand from Fort Bragg leaders and was promoted before he shipped to Fort Richardson. New commanders there were not informed of squad members' concerns about Barbera's actions in Iraq until contacted by the Trib.
Katter and other soldiers in the team alleged that high-ranking officers and senior noncommissioned officers at Fort Bragg at that time covered up the killings by disregarding the recommendation of charges.
The scouts contend higher-ups were more concerned about their careers and the honor of the 82nd Airborne, which was presented with a prestigious Presidential Unit Citation for its service in Iraq.
“All we ever asked was for someone to listen to us and give what we were concerned about — a fair hearing,” Katter said.
After the Trib's investigative report was published, Sen. Carl Levin, the powerful Michigan Democrat who chairs the Armed Services Committee, requested the Army reopen an investigation into the As Sadah slayings. Echoing the earlier Army findings and the Trib's story, the second probe likewise recommended two murder charges and an obstruction of justice charge.
In addition, Barbera is charged with communicating a threat for allegedly making a call from his cellphone to the wife of a Trib reporter, threatening harm to keep the story from coming out.
When Barbera's Article 32 hearing is convened, it will be the latest high-profile military criminal case at Joint Base Lewis-McChord.
In the past three years, prosecutors there have won convictions against a string of accused war criminals, including Robert Bales, who murdered 16 Afghan villagers; John Russell, who shot to death five soldiers at a mental health clinic in Iraq; and Calvin Gibbs, the leader of another small-kill team in Afghanistan that murdered innocent Afghans and covered up the rampage.
Carl Prine is a staff writer and Jim Wilhelm is investigations editor for Trib Total Media. Prine can be reached at 412-320-7826 or email@example.com. Wilhelm can be reached at 412-320-7894 or firstname.lastname@example.org.
Show commenting policy
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.
- Owner of Penn Hills tombstone business pleads guilty to swindling the bereaved
- Carnegie Mellon University’s Speck device monitors indoor pollution
- New Castle-area racino remains in limbo
- ‘Swing Night’ has feel of Prohibition-era dance hall
- Shortfalls sabotage promise of union retirees’ pensions
- 17 Pennsylvania veterans inducted into Hall of Valor
- Pa. woman charged with forging docs to claim she was an attorney
- Mt. Lebanon native, Iraq war hero’s action goes unrewarded
- School choice tax credit expansion bill touted
- Scaife additions to elevate status of two museums
- Newsmaker: Sharna Olfman