Cases for 8 Soldiers Involved in Death of Pvt. Danny Chen Transferred to Fort Bragg

The XVIII Airborne Corps announced Thursday, April 12, that Fort Bragg will serve as the venue for all courts martial trials related to investigations into the death of Pvt. Danny Chen, 19, of New York.

Col. Kevin V. Arata, Chief, Public Affairs Office XVIII Airborne Corps and Fort Bragg, and Maj. Runo Richardson, U.S. Army Chief, Administrative Law Office , Staff Judge Advocate, spoke to local media today about the legal process following the outcome of the investigation.

"Our condolences go out to the family and friends of Pvt. Danny Chen; The loss of any soldier, and especially one of a deployed soldier is a tragic one indeed," said Col. Kevin V. Arata, in his opening statement.

Arata explained why Fort Bragg was selected as the best location for the military and judicial proceedings at this time, because few other Army installations have the capacity and experience to work with this volume of cases. Fort Bragg has excellent resources to include court rooms, judges, hotels, support infrastructure and the population of 56,0000 soldiers that provide a panel of support, as well as the ability to provide both prosecuting and defense trial counsel. It’s not unusual at all for a case like this to be transferred from the combat theater to the United States.

Trying the cases in Afghanistan would require witnesses and the accused soldiers to stay in a combat zone for more than 365 days, as well as becoming a logistical challenge and very cost-prohibitive due to witness travel and coordination.

Richardson shared that none of the cases have been referred to a courts martial and none of the accused have been arraigned, but they are in the process of gathering evidence and working to bring all the accused to Fort Bragg. After the evidence has been reviewed, the Staff Judge Advocate will make the determination as to what charges are recommended and should be referred to a court-martial which is anticipated to happen around the end of the month.

The general court martial command authority, Lt. Gen. Frank G. Helmick, will make the final decision of referral of charges after he receives the Staff Judge Advocate’s recommendation.  If the charges are referred, the accused will be arraigned and the case will be scheduled for trial.

This means that Helmick is authorized by Congress to convene a court-martial by issuing an order that charges previously initiated against an accused service member will be tried by a specified court-martial.

Details about the weapon surrounding Chen’s suicide are under investigation and nothing further has been released. Arata said that it varies depending on the type of unit the solider is assigned to, but typically they deploy with rifles.

The accused eight soldiers, listed below, were charged in December with Chen's death have been removed from leadership positions according to Richardson and they are being supervised by officers and noncommissioned officers.

1st Lt. Daniel J. Schwartz, 25, of Maryland, eight counts of dereliction of duty;

Staff Sgt. Blaine G. Dugas, four counts of dereliction of duty;

Staff Sgt. Andrew J. Van Bockel, two counts of violating a general regulation; three counts of dereliction of duty; two counts of maltreatment; and one count each of negligent homicide and reckless endangerment;

Sgt. Adam M. Holcomb, three counts of violating a general regulation; two counts of dereliction of duty; two counts of maltreatment; and one count each of assault, negligent homicide, reckless endangerment and communicating a threat;

Sgt. Jeffrey T. Hurst, two counts of violating a general regulation; two counts of dereliction of duty; and one count each of maltreatment, negligent homicide and reckless endangerment;

Spc. Thomas P. Curtis, two counts of violating a general regulation; one count of dereliction of duty; six counts of maltreatment; four counts of assault; and one count each of negligent homicide and reckless endangerment;

Spc. Ryan J. Offutt, 32, of Greenville, Pa., two counts of violating a lawful general regulation; four counts of maltreatment; three counts of assault consummated by battery; and one count each of negligent homicide, manslaughter and reckless endangerment;

Sgt. Travis F. Carden, 25, of Fowler, Ind., two counts of violation of a lawful general regulation; two counts of maltreatment; and one count of assault.

According to a New York Times report today, Private Chen’s parents, Chinese immigrants who live in the East Village, have said they had been told by military officials that their son had been hazed and taunted with racial epithets. His parents and their supporters had been pressing the military to hold the courts-martial in the United States, rather than in Afghanistan, and welcomed the military’s announcement.