Kathy Reichs - Bones of the Lost - A Temperance Brennan Novel

The first house entered was near the end closest to the lieutenant. Two AFG males were taken outside and ordered to remain in place. The searchers found nothing and advanced to an adjoining house. At that moment an explosion rocked the area next to one of the Humvees. The explosion sounded like an RPG. Two marines near the Humvee were hit.

Automatic-rifle fire from the hillside began kicking up dirt at the front of the compound. Lieutenant Gross screamed “contact front” and “engage, engage.” He yelled to the Ma Deuce gunners to sweep the hillside. They tore up the hill and Eggers unleashed several bursts from his M249. Eggers at that point heard cries of “Allah Akbar” from his right and heard the lieutenant open fire. He turned and saw the two LNs from the first house twitching and staggering at an angle between the lieutenant and the house, in a direction away from where the RPG had hit.

The shorthand was all coming back. AFG was for Afghan and LN meant local national.

When Eggers saw the LNs, they were fifteen to twenty meters from the lieutenant, spinning sideways from the impact of the rounds. As they collapsed facedown, Lieutenant Gross ejected the clip from his M16 and jammed in another. Eggers turned to fire more bursts at the hill, but no enemy returned fire. The .50-cal gunners were still raking the hillside. Lieutenant Gross yelled to cease fire, and it got quiet.

Lieutenant Gross ordered everyone back to their vehicles and he and the medic moved to the wounded. Eggers checked the two LNs and both were dead. He did a cursory search and found no weapons or explosives on or near the bodies.

The medic declared the wounded stable but in need of medical attention. Deciding transport by vehicle would be quicker than waiting for a medevac chopper, Lieutenant Gross aborted the mission, had the wounded loaded into the seven-ton, and sped back to Delaram. The dead Afghans were left for the villagers to deal with.

I stopped reading to stand and stretch, and to contemplate what chaotic hell those minutes must have been. Then I turned to the gunny’s assessment of the facts. Basically, Sharp had found the following.

Only Gross and Eggers saw the Afghans get shot, and Eggers did not see the first several seconds. Initially, the two were cooperative and nonthreatening. Only Gross and Eggers heard the men yell anything. Gross claimed the Afghans rushed him. Only Gross shot at them. It was undisputed that the men were unarmed.

The gunny paid particular attention to the statement given by Eggers, and summarized it in some detail:

Eggers was upset and thought both LNs had been shot in the back. Thought they were running from the RPG blast, not toward Gross. Why empty a 30-round clip at these guys? The hostile fire was coming from the hillside. Eggers thought he recognized the younger LN from prior sweeps of the vil. The kid had seemed friendly. Villagers had told him that bad guys would infiltrate the vil, fire at patrols, then melt away. Eggers was sure the dead were noncombatants.

I read the statement by the company commander, Wayne Hightower, but learned nothing new. A file note by an NCIS special agent quoted Hightower as saying he did not intend to play Captain Medina to Gross’s Lieutenant Calley, and that he’d made a full report to his superiors.

From the statement by battalion commander Lieutenant Colonel Walter Roberts, I learned that Roberts had informed the commanding officer of RCT 6, Colonel Craig Andrews. Roberts had also transferred Lieutenant Gross from command of his platoon to a staff assignment at battalion H&S Company. Headquarters and support. Roberts commented that the Gross case had the potential to develop into a major incident at the governmental level. He recommended that the inquiry proceed “by the book.”

I read a directive from Andrews that the Gross matter be referred to the NCIS field office for an investigation into possible felony charges.

I got up for a stretch and shoulder roll. Then I turned to the NCIS scene investigation file.

Two things struck me immediately. First, the file was remarkably thin for an incident potentially leading to felony charges. Second, the special agent directing the scene investigation had not been Blanton. Somehow, that gave me more confidence.

As I worked my way through, I understood why the file was so sparse. By the time an NCIS site visit could be arranged, there was little to inspect. The bodies had been buried and the scene had been cleaned, then trampled by normal day-to-day activity.

One village elder produced thirty M16 shell casings and pointed out the area from which they’d been retrieved. The investigative team photographed damage to the wall where the RPG had landed, collected metal fragments blown from the Humvee, took telescopic photos of pockmarking on the hillside, and dug a handful of .50-cal slugs from the soft rock.

NCIS interpreters conducted interviews, but no one had witnessed the actual shooting. Everyone questioned told the same story. The dead were good men. No insurgents in village. No explosives. No bad weapons, just rifles for protection against thieves. Insurgents on the hill had come, then gone. Marines killed boy. Very bad thing.

Permission for an exhumation was repeatedly denied. With no bodies and no witnesses, that left only the scene examination report and statements from members of Gross’s platoon.

Distilling the statements of the marines and the NCIS investigation down to the basics, a couple of facts stood out. One, the two witnesses to the shooting told conflicting stories. Two, rounds had struck the LNs either in the front or in the back.

I understood the importance of the exhumation. Wondered what Gross was thinking. Clearly he knew.

Perhaps because Eggers had no stake in the outcome, his statement carried enough weight to compel Colonel Andrews to prefer charges against Gross for murder and for conduct unbecoming an officer.

Yep, I thought, murder surely is unbecoming.

I read the DD Form 458s, the military charge sheets. The first identified the accused as Second Lieutenant John Gross, and alleged violations of the UCMJ Article 118 and UCMJ Article 133.

The specifications under 118 read: “That in Sheyn Bagh, Helmand Province, Republic of Afghanistan, the accused did unlawfully murder one Ahmad Ali Aqsaee, an Afghan national by shooting him multiple times with an M16 automatic weapon.” It provided the time and date of the incident.

The specification under 133 referred to the same time and place but alleged that the accused engaged in conduct unbecoming an officer in unlawfully shooting said Ahmad Ali Aqsaee.

The second 458 alleged identical offenses as to one Abdul Khalik Rasekh. Both forms were signed by Colonel Andrews.

The chronology showed that after Colonel Andrews preferred charges, RCT 6 rotated back to Camp Lejeune, North Carolina, home of the Second Marine Division.

Once at Lejeune, Colonel Andrews appointed Lieutenant Colonel Frank Keever as Article 32 investigating officer and detailed Major Christopher Nelson as government counsel and Major Joseph Hawthorn as counsel for the accused.

Lieutenant Colonel Keever called the Article 32 hearing into session two months after RCT 6 returned to Lejeune. The file contained a transcript of the proceedings. I skimmed through it.

Hawthorn made a motion for continuance until an exhumation could be performed. Nelson objected, saying no exhumation was likely. There was discussion, after which Keever denied the motion.

The government’s first witness was Grant Eggers, now out of the military. His testimony seemed in agreement with the statements he’d made to Gunny Sharp and the NCIS special agents.

To satisfy my curiosity, I read the portion of Hawthorn’s cross-examination dealing with Eggers’s motivation in accusing Gross.