Special Forces Soldiers Killed By Deputy

Jungle Jim

Army considers changes after shooting of soldiers by deputy during N.C. exerciseBy Eric Frazier and Peter Smolowitz, Knight Ridder NewspapersCARTHAGE, N.C. - The U.S. Army says it will rethink the way it conducts a key Special Forces training exercise in central North Carolina after a sheriff's deputy shot two Fort Bragg soldiers, one fatally. No charges will be brought against Moore County (N.C.) Sheriff's Deputy Randall Butler in connection with Saturday's fatal shooting 30 miles northwest of Fort Bragg, according to a statement issued Monday by Moore County District Attorney Garland Yates. Butler shot two soldiers Saturday afternoon during a traffic stop. The soldiers - who had a disassembled assault rifle and weren't in uniform - apparently thought he was an actor in their training scenario, but prosecutors said Butler was not aware of the exercise. Authorities called the shooting a tragedy, and Army officials said they are considering changes to guard against such mistakes. "The use of deadly force by Deputy Randall Butler was lawful and justified," Yates said in the statement. "The deputy reasonably believed he was facing the imminent threat of serious * injury or death. "Deputy Butler had absolutely no knowledge that the soldiers involved were a part of a training exercise." The soldiers were participating in Robin Sage, an exercise in which Green Beret candidates pretend they're in a fictional country called "Pineland" and must make alliances with locals to overcome a rival military force. Police officers often participate in the Robin Sage role-playing, as do other nonmilitary citizens. The soldiers who were shot apparently thought Butler was role-playing. Butler shot them after he stopped a Ford Ranger pickup near the town of Robbins, about 80 miles east of Charlotte. Authorities said one of the men reached for a bag containing the rifle just before the shooting. First Lt. Tallas Tomeny was killed, while Sgt. Stephen Phelps was listed in fair condition Monday at FirstHealth Moore Regional Hospital in Pinehurst. Their ages and hometowns weren't immediately available, though Phelps has relatives in the Tampa, Fla., area. Robin Sage is a 19-day covert operations exercise that forms the final training hurdle for future Green Beret commandos. It is designed to teach the skills Special Forces soldiers used in the war in Afghanistan. The exercise has been conducted for nearly 50 years in a 10-county area roughly stretching from Stanly County east to Fort Bragg. It usually involves 150 to 200 soldiers.The Army is investigating the incident, and is also studying its rules of engagement and operating procedures for Robin Sage. "I'm sure there will be changes," said Staff Sgt. Amanda Glenn, a spokeswoman for the Army's Special Operations Command at Fort Bragg. "Safety is always a No.1 priority in anything the Army does." The Army said it warned the Moore County Sheriff's Department it would be doing the Robin Sage exercise, but didn't coordinate specifically about that afternoon's activities because the soldiers were on a reconnaissance mission. The Army said it didn't think that activity would attract police attention. Moore County officials said they were not told of any training exercises slated for Saturday. "We had no clue as to this particular type of scenario," said Sheriff's Detective Greg Beard. Glenn of the Army's Special Operations Command called it "a tragic, tragic mistake. It was a lack of communication." Local police are often invited to participate in the Robin Sage training exercises, which are conducted four times a year. Randolph County, N.C., Sheriff's Lt. Jerry Brower said he has volunteered, and has engaged in mock gunfights with soldiers using weapons and blank ammunition supplied by the Army. Moore County officials said they would never allow their deputies to do that. "It's just not in good taste. It's not in an officer's safety training to be able to let him just stand there and be fired upon," Beard said. "We're trained to protect ourselves."Glenn said while soldiers have been injured and killed during the Robin Sage exercise, this is the first time a nonmilitary citizen has killed a soldier. Officials with the Moore County Sheriff's Department gave the following account of what happened Saturday: Just before 2 p.m. EST, Butler pulled over a Ford Ranger pickup, which the driver stopped in a church parking lot. Butler became suspicious about the truck after noticing a passenger riding in back in windy, 35-degree weather. As Butler approached the truck, a civilian named Charles Leiber of Seagrove, N.C., who was helping with the training, got out. Butler placed Leiber in the front seat of his patrol car and went back to the truck, where Tomeny was hiding a large backpack on the floor. Butler checked the bag and found the rifle. Tomeny came toward Butler, but the deputy used pepper spray on him. Tomeny shouted for Phelps to shoot the deputy. When Phelps tried to snatch the bag from Butler, Butler shot him twice in the chest with his .40 caliber Beretta. Tomeny charged at the deputy again, and Butler shot him in the chest. A 911 tape played Monday by sheriff's officials revealed Butler shouting "two down" and asking for ambulances."The officer's adrenaline was shooting out the top. It was three against one, and he was keeping an eye on all of them," said Capt. Tommy Lucas of the Moore County Sheriff's Department. "What he did - textbook." Leiber declined to comment Monday. Butler, who had recently returned to work after getting married, was unavailable for comment. He is on administrative leave with pay and is scheduled to return to work Wednesday. "He's doing good," said Capt. Timmy Monroe of the Moore County Sheriff's Department. "He's eager to get back to work." FYIJim

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