Hasan charged with premeditated murder
http://www.washingtonpost.com/wp-dyn/content/article/2009/11/12/AR2009111208617.html?wprss=rss_nation
FORT HOOD, Tex. -- Maj. Nidal M. Hasan, the Army psychiatrist accused of opening fire on soldiers at Fort Hood last week, has been charged with premeditated murder in the deaths of 12 soldiers and a civilian and could face other charges, an Army official said Thursday.
Christopher Grey, a spokesman for the Army's Criminal Investigation Division and for the joint task force investigating the crime, said Hasan "has been charged with 13 specifications of premeditated murder under Article 118 of the Uniform Code of Military Justice." He told a news conference that "additional charges may be preferred in the future."
Article 118 covers premeditated murder, for which the maximum penalty under the military justice system is death and the mandatory minimum is life imprisonment with eligibility for parole.
Grey described the murder charges as "the first step in the court martial process" and emphasized that a multi-agency investigation of the Nov. 5 shooting continues. He indicated that investigators have not yet settled on a motive for the massacre.
"We're looking at every reason for this shooting," he said. "We're aggressively following every possible lead."
Grey added: "We still believe that there was only one gunman at the scene involved in the actual shootings." The statement left open the possibility that someone else instigated the attack. Investigators have been examining Hasan's relationship with a radical Muslim prayer leader who formerly served at a Northern Virginia mosque that Hasan attended for a time in 2001. Hasan lived in the Washington area while he was working at Walter Reed Army Medical Center in the District.
Grey said he would not release any details that might jeopardize the investigation or the eventual legal proceedings. But he suggested one argument for premeditation when he told reporters that Hasan did not have any legitimate reason to be at the Soldier Readiness Processing Center last Thursday.
"We do know that the suspect was not at the Readiness Center for any scheduled appointments or command-directed activity," Grey said as he stood with representatives of other agencies investigating the crime, including the FBI and Texas Rangers.
Authorities have said Hasan will be tried in a military court because he is a service member, the shooting took place on an Army post, and all of those slain were Defense Department personnel. Of the 13 who died, four were officers, eight were enlisted soldiers and one was a retired chief warrant officer who was working as a civilian at Fort Hood.
Hasan, 39, allegedly opened fire Nov. 5 with two handguns on unarmed soldiers who were preparing for deployments to Iraq and Afghanistan. The attack at the Soldier Readiness Processing Center also left 38 people wounded. It has been described as the deadliest mass shooting at a U.S. military installation.
The rampage ended when Hasan was shot by civilian police who responded to the scene. Hasan was subsequently flown to an Army hospital in San Antonio, where he has been reported in stable condition as he recovers from four gunshot wounds.
Grey said Thursday that both responding police officers -- Sgt. Kimberly Munley and Senior Sgt. Mark Todd -- "engaged the armed suspect" and shot him after encountering him outside the Readiness Center, but the spokesman declined to specify "who did what" in the exchange of fire, saying those details would have to wait until all evidence is analyzed. Munley was wounded in her right hand and both legs in the shooting, which she described in a television interview Thursday morning.
Grey said some witnesses are still undergoing medical treatment and have not yet spoken with investigators.
Army Col. John Rossi, the deputy commander of Fort Hood, said 12 soldiers remain hospitalized, one of them in intensive care. He said all are "in stable condition at this time."
Grey said Hasan "is currently under pretrial restriction while receiving medical care."
Hasan has refused to talk to Army or FBI investigators, authorities said. He requested legal representation and met with two attorneys. His civilian lawyer, retired Col. John P. Galligan, has said he would not permit Hasan to be questioned without a defense attorney present.
Officials at Brooke Army Medical Center at Fort Sam Houston in San Antonio said Hasan was taken off a ventilator Saturday after arriving the day before from a hospital in Temple, Tex. A spokeswoman at Brooke said Monday, "He is in stable condition, and he is conversing with the medical staff, the doctors and nurses who are assisting with his medical needs."
Galligan, who was hired by Hasan's family, and Maj. Christopher E. Martin, Fort Hood's senior defense attorney, met with Hasan for about half an hour Monday night at Brooke. Galligan later questioned whether Hasan could get a fair trial at Fort Hood.
The attorney said his client knew he was a suspect in the Fort Hood shootings but that there were no formal charges at the time that could be discussed at the Monday meeting.
Colleagues and relatives have said that Hasan, a U.S.-born Muslim of Palestinian descent, opposed the wars in Iraq and Afghanistan and was upset about his own looming deployment to Afghanistan. Relatives also said he had been harassed because of his religion.
At the apartment complex where Hasan lived in Killeen outside Fort Hood, another soldier had vandalized Hasan's car and tore off a bumper sticker that read "Allah is Love," prompting Hasan to file a complaint to police, a co-manager of the complex said. The soldier had been in Iraq and reportedly was upset to learn that Hasan was Muslim.
Residents of the complex said Hasan gave away furniture, food, clothes and other belongings on Wednesday and Thursday before the shootings, telling neighbors he was going to be deployed to Afghanistan on Friday.
Hours after Hasan gave an air mattress and other items to his next-door neighbor, Patricia Villa, and offered her money to clean his apartment after he left, he allegedly opened fire at the Fort Hood processing center.
Prosecutors are expected to focus in part on Hasan's actions at the apartment complex before the shootings as they seek to prove premeditation.