Army report gives conflicting version of Robin Sage incident
11-1-02 Posted 7 a.m.
FORT BRAGG (AP) -- A newly released Army report about the shooting death of a soldier during Special Forces training in February is raising new questions about what really happened.
Two witnesses to the fatal shooting give accounts that conflict with the version given by the sheriff's deputy who killed 1st Lt. Tallas Tomeny during the during the "Robin Sage" exercise in Moore County, according to the report obtained by The News & Observer of Raleigh.
The two witnesses -- one civilian and one soldier who were both involved in the training exercise -- said Deputy Randall Butler shot and killed Tomeny after Tomeny had been disabled by a chemical spray, and wounded another soldier who was reacting to the shooting of Tomeny.
After a two-day investigation in February, Moore County District Attorney Garland Yates said he would not press charges, calling it a tragic case of mistaken identity.
But a 155-page report obtained by the News & Observer details the Army Special Operations Command investigation. It concluded that the Army contributed to the case of mistaken identity by never telling local law enforcement officers that the exercise was under way.
Both Yates and Moore County Sheriff Frank Johnson said they were not aware of the conflicting testimony and said the Army has not given them copies of its investigation.
The Army report does not reach a clear conclusion on what happened once the fatal encounter was under way. Army investigators did not interview Butler.
"Each recollection is so different we could not tell which one is right," said Maj. Scott Sterns, a spokesman for the John F. Kennedy Special Warfare Center and School, which conducted the investigation. "That's where the problems are. It's hard to know what happened."
The shooting took place during Robin Sage, a Special Forces role-playing exercise in which students learn to work with guerrilla and underground forces, who are played by civilians.
The 19-day wargame takes place in 14 counties in North Carolina dubbed "Pineland." In the past, civilians and law enforcement officers have played a part in the training.
On Feb. 23, Butler stopped Phelps, Tomeny and Charles Leiber, a civilian participant. Butler placed Leiber in a passenger seat of his squad car and approached the truck.
According to testimony Butler gave SBI investigators, the deputy said he searched Tomeny's bag and found two machine guns. He then wrestled the bag from Tomeny and threw it toward his car. Butler said Tomeny came toward him, forcing him to push the soldier with one hand and draw his gun with the other.
Butler said he holstered his gun, removed his chemical spray and began to spray Tomeny. The two struggled. Butler said Phelps jumped from the truck. Butler again drew his weapon and commanded Phelps, who was now behind the patrol car, to put his hands up. He shot Phelps after he didn't comply and then turned toward Tomeny. He ordered Tomeny to show his hands and shot him twice when he did not comply.
Butler said he felt the need to use deadly force because he was outnumbered and thought his life was in danger.
Leiber, whose name is blacked out in the report, said in a six-page sworn statement April 24 that after Butler placed him in the squad car, he told Butler he was from Pineland.
Leiber said he saw Tomeny try to bribe Butler with money from Pineland, which looks like Monopoly money. Phelps confirmed that Tomeny tried to offer the fake bribe. Both said Butler declined the bribe and asked Tomeny to remove the contents of the bag.
"He turned toward the deputy; he was crouched down like he was going to lunge for the deputy," Leiber said.
At this point the deputy started using the chemical spray. As he did so, Leiber said, Tomeny was backpedaling, screaming and shaking his head. Leiber said the deputy advanced on the soldier until the spray ran out; then he dropped the canister and took a couple of steps back, away from Tomeny. The deputy then drew his weapon and shot Tomeny. He immediately turned toward Phelps and shot him twice, according to Leiber.
Phelps' account, given March 14, was similar, although he said he did not see Tomeny get shot. Phelps said he darted from the back of the truck after the deputy began to spray Tomeny. Phelps grabbed the bag, which the deputy had thrown from the back of the truck, and began to run. He continued to think that he was in a training scenario and that the deputy was part of the exercise.
"I may have taken one or two steps when I heard two shots, double-tap speed," he said. Phelps said he stopped, crouched behind the squad car and turned toward Butler. "I immediately heard two more shots, just as before, I felt them hit my chest. I fell to the ground. I coughed up some blood."
Andy Gregson, who handled the case for the Moore County District Attorney's Office, said it was clear to him that Butler did the right thing.
"He's out there alone, with no backup, sees an automatic weapon and is threatened with death," Gregson said. "What else can he do?"
Gregson said he has not seen the Army report but spoke with Army investigators in the days after the shooting. He said there would be no further investigation of the incident: "It's over."
In the days after the shooting, Army officials said they had notified all law enforcement agencies about the training without giving them details. In April, the Army said it needed to do a better job notifying law enforcement agencies when students are training in their area, but made no mention of the specific policies requiring trainers to do so.
"There was a belief within the military establishment that the law enforcement community was familiar with the exercise, particularly since it has been conducted for so many years," the statement said.
But the newly released report said the sergeant in charge of the training "did not contact or coordinate with any members of law enforcement during the cycle break."
"Now we have a very specific notification policy that requires a face-to-face meeting," said Maj. Sterns, the spokesman for the John F. Kennedy Special Warfare Center and School.
He said law enforcement officers who participate in the training are now required to wear a distinctive uniform, and auxiliary members have identifiers on their cars.
© News & Record 2002
