Cruelbreed
07-24-2009, 10:18 PM
Canadian soldier says he shot friend in self-defence
Updated Fri. Jul. 24 2009 3:34 PM ET
The Canadian Press
SYDNEY, N.S. -- A soldier accused of shooting and killing a colleague in a tent in Afghanistan over two years ago says he felt his life was threatened by someone when he whirled and fired his weapon.
Cpl. Matthew Wilcox took the stand in his own defence Friday in his manslaughter trial in Sydney, N.S., and told the four military jurors that he heard someone cocking a pistol.
He told a hushed military courtroom that "he just reacted," and turned quickly, drawing his gun from his holster before shooting.
Wilcox says he only realized seconds later that he had shot one of his best friends, Cpl. Kevin Megeney.
"I felt my life was threatened and lethal force was the minimum force needed," said Wilcox.
"There was a weapon pointed at me."
He said he realized it was Megeney two seconds later.
"Only after the recoil of my weapon did I realize it was him," he added.
"Everything happened so quickly, in less than two seconds. I was just reacting to a threat against my life."
Wilcox, 24, of Glace Bay, N.S., has pleaded not guilty to charges of manslaughter, criminal negligence causing death, and negligent performance of duty in the death of Megeney, 25, of Stellarton, N.S.
The prosecution has argued that Wilcox was playing a game of "quick draw with Megeney on March 6, 2007. "
Wilcox said in Afghanistan, many people carry weapons, and he regarded any sound of a gun as a potentially deadly threat.
For days afterward, he said he felt shock and emptiness.
Wilcox said when he came back to Canada, deep grief and sadness set in over the death of Megeney.
"He was a really good guy," he said.
"He was probably my closest friend in Afghanistan. ... We lived together for almost a year and saw each other almost every day."
Asked if he believed he was playing a game of "quick draw," where soldiers see who is the quickest to bring the weapon from their holster, he replied firmly, "No."
Maj. Jason Samson suggested in his cross-examination that Wilcox should have spent time assessing the situation before he fired his gun.
"Why would you say it's reasonable for you to assume any Afghani got through ... with a weapon?" he asked.
At first, Wilcox argued it was "possible" a Taliban member was in the tent.
He said he had turned slightly and was focused on the pistol's barrel, not on the person holding it.
"Anyone could have been in the tent," said Wilcox.
But later, as Samson pressed him, he conceded it was unlikely that the person would have been anyone but Megeney.
"If someone was in there it would most likely be Cpl. Megeney," he testified.
Wilcox's appearance in his own defence followed 19 days of testimony by 25 witnesses called by the prosecution.
Earlier testimony in the court martial suggested the two reservists were playing "quick draw" in their tent at Kandahar Airfield, when a Browning 9-mm pistol went off and hit Megeney in the right side of his chest.
The trial has heard from a soldier who said he saw Wilcox hold his dying friend in his arms and apologize as Megeney slumped to the floor of their tent.
And Master Cpl. Kyle Keigan testified that Wilcox told him over drinks in Sydney several months after the shooting that he was playing "quick draw" with Megeney.
Keigan testified that Wilcox revealed that when the weapon went off, he didn't know it was loaded.
But Maj. Steve Turner, one of Wilcox's defence lawyers, asked Keigan a number of questions about his recollection of the conversation.
Keigan said under cross-examination that he didn't know what his level of intoxication was at the time, and he didn't reveal the conversation he had with Wilcox to his superiors until a few weeks before the start of the court martial.
The court was told a group of soldiers carried Megeney by stretcher to a base hospital just 200 metres from where he was shot.
He died about 30 minutes later.
A forensic pathologist conducted an autopsy on Megeney's body five days after his death.
The defence has suggested the bullet that killed Megeney may have struck another object before hitting the soldier, but Dr. Michael Pollanen testified he found no evidence that the fatal round had ricocheted.
Pollanen, Ontario's chief forensic pathologist, said it was "highly unlikely" the bullet had struck an intermediate target before entering Megeney's body.
The bullet that killed the soldier was found hours later on a table on the other side of a plywood partition that divided the tent. Two Canadian soldiers had been watching a laptop at the table when the incident occurred.
Both Wilcox and Megeney were members of 1 Platoon, force protection company, which was responsible for protecting Kandahar Airfield.
In previous testimony the court was told soldiers who helped guard the facility were allowed to carry loaded guns, but with no rounds in the chamber.
Former camp sergeant major, Master Warrant Officer Kenneth Miles, said it was Canadian policy that soldiers on base were to carry unloaded weapons with a magazine at the ready.
But Miles said he had to speak to the second-in-charge of 1 Platoon on three separate occasions about soldiers violating the military's firearms policy.
The trial is being held before a four-member military panel and a judge, Cmdr. Peter Lamont.
Updated Fri. Jul. 24 2009 3:34 PM ET
The Canadian Press
SYDNEY, N.S. -- A soldier accused of shooting and killing a colleague in a tent in Afghanistan over two years ago says he felt his life was threatened by someone when he whirled and fired his weapon.
Cpl. Matthew Wilcox took the stand in his own defence Friday in his manslaughter trial in Sydney, N.S., and told the four military jurors that he heard someone cocking a pistol.
He told a hushed military courtroom that "he just reacted," and turned quickly, drawing his gun from his holster before shooting.
Wilcox says he only realized seconds later that he had shot one of his best friends, Cpl. Kevin Megeney.
"I felt my life was threatened and lethal force was the minimum force needed," said Wilcox.
"There was a weapon pointed at me."
He said he realized it was Megeney two seconds later.
"Only after the recoil of my weapon did I realize it was him," he added.
"Everything happened so quickly, in less than two seconds. I was just reacting to a threat against my life."
Wilcox, 24, of Glace Bay, N.S., has pleaded not guilty to charges of manslaughter, criminal negligence causing death, and negligent performance of duty in the death of Megeney, 25, of Stellarton, N.S.
The prosecution has argued that Wilcox was playing a game of "quick draw with Megeney on March 6, 2007. "
Wilcox said in Afghanistan, many people carry weapons, and he regarded any sound of a gun as a potentially deadly threat.
For days afterward, he said he felt shock and emptiness.
Wilcox said when he came back to Canada, deep grief and sadness set in over the death of Megeney.
"He was a really good guy," he said.
"He was probably my closest friend in Afghanistan. ... We lived together for almost a year and saw each other almost every day."
Asked if he believed he was playing a game of "quick draw," where soldiers see who is the quickest to bring the weapon from their holster, he replied firmly, "No."
Maj. Jason Samson suggested in his cross-examination that Wilcox should have spent time assessing the situation before he fired his gun.
"Why would you say it's reasonable for you to assume any Afghani got through ... with a weapon?" he asked.
At first, Wilcox argued it was "possible" a Taliban member was in the tent.
He said he had turned slightly and was focused on the pistol's barrel, not on the person holding it.
"Anyone could have been in the tent," said Wilcox.
But later, as Samson pressed him, he conceded it was unlikely that the person would have been anyone but Megeney.
"If someone was in there it would most likely be Cpl. Megeney," he testified.
Wilcox's appearance in his own defence followed 19 days of testimony by 25 witnesses called by the prosecution.
Earlier testimony in the court martial suggested the two reservists were playing "quick draw" in their tent at Kandahar Airfield, when a Browning 9-mm pistol went off and hit Megeney in the right side of his chest.
The trial has heard from a soldier who said he saw Wilcox hold his dying friend in his arms and apologize as Megeney slumped to the floor of their tent.
And Master Cpl. Kyle Keigan testified that Wilcox told him over drinks in Sydney several months after the shooting that he was playing "quick draw" with Megeney.
Keigan testified that Wilcox revealed that when the weapon went off, he didn't know it was loaded.
But Maj. Steve Turner, one of Wilcox's defence lawyers, asked Keigan a number of questions about his recollection of the conversation.
Keigan said under cross-examination that he didn't know what his level of intoxication was at the time, and he didn't reveal the conversation he had with Wilcox to his superiors until a few weeks before the start of the court martial.
The court was told a group of soldiers carried Megeney by stretcher to a base hospital just 200 metres from where he was shot.
He died about 30 minutes later.
A forensic pathologist conducted an autopsy on Megeney's body five days after his death.
The defence has suggested the bullet that killed Megeney may have struck another object before hitting the soldier, but Dr. Michael Pollanen testified he found no evidence that the fatal round had ricocheted.
Pollanen, Ontario's chief forensic pathologist, said it was "highly unlikely" the bullet had struck an intermediate target before entering Megeney's body.
The bullet that killed the soldier was found hours later on a table on the other side of a plywood partition that divided the tent. Two Canadian soldiers had been watching a laptop at the table when the incident occurred.
Both Wilcox and Megeney were members of 1 Platoon, force protection company, which was responsible for protecting Kandahar Airfield.
In previous testimony the court was told soldiers who helped guard the facility were allowed to carry loaded guns, but with no rounds in the chamber.
Former camp sergeant major, Master Warrant Officer Kenneth Miles, said it was Canadian policy that soldiers on base were to carry unloaded weapons with a magazine at the ready.
But Miles said he had to speak to the second-in-charge of 1 Platoon on three separate occasions about soldiers violating the military's firearms policy.
The trial is being held before a four-member military panel and a judge, Cmdr. Peter Lamont.