Judge Refuses to Lighten Mandatory Minimums for Former Blackwater Guards

U.S. District Judge Royce Lamberth refused to deviate from the mandatory minimum sentences that four former Blackwater security guards face for the 2007 shooting that injured dozens and killed 14 Iraqi civilians. Lamberth rejected the defense’s motion to impose lighter sentences on the men.  However, he also denied a motion by prosecutors to increase the penalties. Former guard N. Slatten has a first-degree murder conviction.  His sentence will likely be life in prison. The other men – P. Slough, E. Liberty, and D. Heard likely face 30-year terms for multiple counts, including using a firearm while committing a felony, attempted manslaughter, and manslaughter. Judge Lamberth decided to defer imposing the sentences until after hearing arguments from both sides about the sentencing. On one side, defense attorneys argued for mercy.  Conversely, prosecutors argued that the former security guards had never accepted responsibility or remorse.

The Incident

Four men were convicted for involvement in a shooting that took place in Nisoor Square, a traffic circle in Baghdad that is heavily crowded with people. The incident caused an international uproar, resulting in a legal battle that has lasted for years. The prosecutors argue that the shooting was an unprovoked ambush against civilians. In contrast, the defense lawyers say that the men were defending themselves after being targeted with gunfire. The defense attorneys argued that imposing decades-long sentences would be unconstitutionally harsh for the men who had close family ties, proud military careers, and who were operating in a challenging, war-torn environment. Only firearm just firearms convictions carry mandatory minimum sentences of 30 years. However, the government sought even harsher sentences, partly because it claimed that the men had never been remorseful or taken responsibility. Original charges against the guards were filed in 2008.  However, a judge dismissed the case before it made it to trial. A federal appeals court revived the case. The former guards were once again indicted in October 2013. The Military Extraterritorial Jurisdiction Act charged the men.  The Act addresses the overseas crimes of Defense Department civilian employees, military contractors, and other parties supporting America’s war mission. The defendants worked as State Department contractors and were in Iraq to provide diplomatic services instead of military services. For military criminal defense in Pennsylvania or anywhere else in the nation, contact Crisp & Associates, LLC today.

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