U.S. Pilots Face Criminal Charges in Accidental Bombing

Maj. Harry Schmidt and Maj. William Umbach of the Illinois Air National Guard both face four counts of manslaughter, eight counts of aggravated assault, and one count of dereliction of duty, after Schmidt launched a 500-pound laser-guided bomb on Canadian troops in Kandahar on April 17. The charges are the first criminal accusations filed against pilots stemming from the Afghan conflict.

Schmidt was also charged with failing to exercise appropriate flight discipline and not complying with the U.S. military’s rules for firing weapons in Afghanistan.

Umbach, the flight commander, was charged with negligently failing to exercise appropriate flight command and control and ensuring compliance with the rules for firing on a target.

U.S. Air Force Brig. Gen. Stephen T. Sargeant, who co-chaired a joint U.S.-Canadian team investigating the incident, filed the charges in the case. In its statement, the Defense Department emphasized the charges are “only accusations,” saying “both officers are presumed innocent.”

The investigation report, commissioned by President Bush and Canadian Prime Minister Jean Chretien and released in June, said Umbach received permission from a nearby U.S. airborne warning and control system radar plane to determine the precise location of what he thought was hostile surface-to-air fire.

At the same time, Schmidt requested permission to fire on the location. Investigators said that although U.S. air controllers told Schmidt to hold his fire, the pilot provided the coordinates and radioed that he was “rolling in self-defense.”

The Third Battalion of the Princess Patricia’s Canadian Light Infantry had been conducting a nighttime live fire exercise near the Kandahar airport when Schmidt dropped the bomb.

Officials did not say whether the case will go directly to a court martial or will first be considered under Article 32 of the Uniform Code of Military Justice, which is similar to the grand jury process in civilian courts.