Deaths of Phillip Esposito and Louis Allen
Encyclopedia
The deaths of Phillip Esposito and Louis Allen were caused on June 7, 2005, at Forward Operating Base Danger
in Tikrit
, Iraq
. Captain Phillip Esposito and First Lieutenant
Louis Allen, from a New York Army National Guard
unit of the United States
42nd Infantry Division, were killed by a Claymore mine placed in the window of Esposito's office.
Military investigators determined that the mine was deliberately placed and detonated with the intention of killing Esposito and Allen. Staff Sergeant
Alberto B. Martinez from the officers' unit was charged in the killing but was acquitted in a court martial trial at Fort Bragg
, North Carolina
, on December 4, 2008. The case was one of only two publicly-announced alleged fragging incidents among American forces during the Iraq war.
, and First Lieutenant Louis Allen, 34, of Milford, Pennsylvania
, were playing the board game Risk
in Esposito's office in the Water Palace building on the United States Forward Operating Base Danger in Tikrit, Iraq. The officers were from the Headquarters and Headquarters Company of the 42nd Infantry Division, a New York Army National Guard
unit from Troy, New York
deployed to Iraq in support of US operations in the Iraq War. Esposito was the company commander and Allen was the company's operations officer. At 10 p.m., a claymore mine placed next to the window of Esposito's office exploded, blasting 700 steel ball bearings into the office space and critically wounding the two officers.
Seconds after the explosion, several grenades exploded in the vicinity of Esposito's office. Shortly thereafter, the two injured officers were rushed to a hospital at Forward Operating Base Speicher
, but both died early June 8, 2005, from serious internal injuries suffered in the explosion.
Esposito, a project manager
for Smith Barney
in Manhattan
, was survived by a wife and an 18-month-old daughter. Allen, a high-school physics and earth sciences teacher in Tuxedo, New York
, was survived by a wife and four young sons.
, Esposito's and Allen's unit's supply sergeant, was arrested and charged with the crime.
Witnesses later testified that Martinez had openly threatened to kill Esposito. Esposito had disciplined Martinez for poor job performance and had initiated proceedings which might have resulted in Martinez being discharged from the military or removed from his full-time Guard position. Witnesses placed Martinez in the vicinity of the Water Palace shortly after the explosion.
At an Article 32 hearing
in Kuwait
in October and November 2005, Colonel Patrick Reinert recommended a general court-martial
for Martinez based on the evidence presented. Esposito's and Allen's widows traveled to Kuwait and were present at the hearing.
After learning of additional evidence against him, including testimony from a soldier who stated that she had given Martinez claymore mines and grenades shortly before the killings, Martinez, on April 3, 2006, agreed to plead guilty
to murder in exchange for a life sentence without the possibility of parole. Lieutenant General John Vines
, commander of the XVIII Airborne Corps and convening authority
over the legal proceedings, however, rejected the plea agreement and sent the case to court-martial under two counts of premeditated murder, Article 118 of the Uniform Code of Military Justice
.
The court-martial was held at Fort Bragg
, North Carolina
, beginning in October 2008 with Colonel Stephen Henley sitting as the trial judge. During the trial, Sergeant Sandra Pelton, a 42nd Division cook, testified for the prosecution that Martinez twice mentioned fragging when he came through her dining facility a few days before the explosion. On one occasion Pelton asked Martinez how he was doing and Martinez made a noise simulating an explosion and said, "Frag him, frag. I mean it." Around 20 other soldiers and officers testified that they had heard Martinez threaten or insult Esposito.
Martinez' defense team countered that the Army's evidence against Martinez was circumstantial and that prosecution witnesses' testimonies were inconsistent. The defense team also presented evidence that Martinez was not the only soldier in the unit with a grudge against Esposito. After two days of deliberations, the jury acquitted Martinez on December 4, 2008. Martinez was honorably discharged from the military shortly thereafter. The US Army has not publicly identified or charged any other suspects in the killings.
The case was one of only two publicly known instances of US enlisted
soldiers charged with intentionally killing superior officers during the Iraq war. In 2005, Hasan Akbar
was convicted of killing two officers in Kuwait in 2003 and sentenced to death.
Forward Operating Base Danger
Forward Operating Base Danger was a forward operating base operated by United States military forces in Tikrit, Iraq from the time of the occupation of Iraq in 2003 until November 2005 when it was handed over to the government of Iraq. The base was centered on Saddam Hussein's presidential palace...
in Tikrit
Tikrit
Tikrit is a town in Iraq, located 140 km northwest of Baghdad on the Tigris river . The town, with an estimated population in 2002 of about 260,000 is the administrative center of the Salah ad Din Governorate.-Ancient times:...
, Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
. Captain Phillip Esposito and First Lieutenant
First Lieutenant
First lieutenant is a military rank and, in some forces, an appointment.The rank of lieutenant has different meanings in different military formations , but the majority of cases it is common for it to be sub-divided into a senior and junior rank...
Louis Allen, from a New York Army National Guard
New York Army National Guard
The New York Army National Guard is a component of the New York National Guard and the Army National Guard. Nationwide, the Army National Guard comprises approximately one half of the US Army's available combat forces and approximately one third of its support organization...
unit of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
42nd Infantry Division, were killed by a Claymore mine placed in the window of Esposito's office.
Military investigators determined that the mine was deliberately placed and detonated with the intention of killing Esposito and Allen. Staff Sergeant
Staff Sergeant
Staff sergeant is a rank of non-commissioned officer used in several countries.The origin of the name is that they were part of the staff of a British army regiment and paid at that level rather than as a member of a battalion or company.-Australia:...
Alberto B. Martinez from the officers' unit was charged in the killing but was acquitted in a court martial trial at Fort Bragg
Fort Bragg (North Carolina)
Fort Bragg is a major United States Army installation, in Cumberland and Hoke counties, North Carolina, U.S., mostly in Fayetteville but also partly in the town of Spring Lake. It was also a census-designated place in the 2010 census and had a population of 39,457. The fort is named for Confederate...
, North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, on December 4, 2008. The case was one of only two publicly-announced alleged fragging incidents among American forces during the Iraq war.
Killing
On the evening of June 7, 2005, Captain Phillip Esposito, 30, of Suffern, New YorkSuffern, New York
Suffern is a village in the Town of Ramapo, Rockland County, New York, United States located north of the State of New Jersey; east of Hillburn; south of Montebello and west of Airmont...
, and First Lieutenant Louis Allen, 34, of Milford, Pennsylvania
Milford, Pennsylvania
Milford is a borough in Pike County, Pennsylvania, United States, and the county seat. Its population was 1,021 at the 2010 census. It was founded in 1796 by Judge John Biddis, one of the state's first four circuit judges, who named the settlement after his ancestral home in Wales.Milford has a...
, were playing the board game Risk
Risk (game)
Risk is a strategic board game, produced by Parker Brothers . It was invented by French film director Albert Lamorisse and originally released in 1957 as La Conquête du Monde in France. Risk is a turn-based game for two to six players...
in Esposito's office in the Water Palace building on the United States Forward Operating Base Danger in Tikrit, Iraq. The officers were from the Headquarters and Headquarters Company of the 42nd Infantry Division, a New York Army National Guard
New York Army National Guard
The New York Army National Guard is a component of the New York National Guard and the Army National Guard. Nationwide, the Army National Guard comprises approximately one half of the US Army's available combat forces and approximately one third of its support organization...
unit from Troy, New York
Troy, New York
Troy is a city in the US State of New York and the seat of Rensselaer County. Troy is located on the western edge of Rensselaer County and on the eastern bank of the Hudson River. Troy has close ties to the nearby cities of Albany and Schenectady, forming a region popularly called the Capital...
deployed to Iraq in support of US operations in the Iraq War. Esposito was the company commander and Allen was the company's operations officer. At 10 p.m., a claymore mine placed next to the window of Esposito's office exploded, blasting 700 steel ball bearings into the office space and critically wounding the two officers.
Seconds after the explosion, several grenades exploded in the vicinity of Esposito's office. Shortly thereafter, the two injured officers were rushed to a hospital at Forward Operating Base Speicher
COB Speicher
COB Speicher formerly FOB Speicher is a US Army Contingency Operating Base captured from the Iraqi Army during the 2003 Invasion of Iraq. It was reassigned from a Forward Operating Base to a COB because of its large size...
, but both died early June 8, 2005, from serious internal injuries suffered in the explosion.
Esposito, a project manager
Project manager
A project manager is a professional in the field of project management. Project managers can have the responsibility of the planning, execution, and closing of any project, typically relating to construction industry, architecture, computer networking, telecommunications or software...
for Smith Barney
Smith Barney
Morgan Stanley Smith Barney is a retail brokerage joint venture between Morgan Stanley and Citigroup.On January 13, 2009, Morgan Stanley and Citigroup announced that Citigroup would sell 51% of Smith Barney to Morgan Stanley, creating Morgan Stanley Smith Barney, which was formerly a division of...
in Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
, was survived by a wife and an 18-month-old daughter. Allen, a high-school physics and earth sciences teacher in Tuxedo, New York
Tuxedo, New York
Tuxedo is a town located in Orange County, New York. As of the 2000 census, the town had a total population of 3,334. The town is in the southeastern part of the county. NY Route 17 and the New York State Thruway pass through the town...
, was survived by a wife and four young sons.
Focus on Martinez
Military investigators initially thought that the two officers were killed by an insurgent mortar or rocket attack but later determined that the blast was deliberately caused by a hand-placed explosive device and began looking for suspects. Staff Sergeant Alberto B. Martinez, 37 from Schaghticoke, New YorkSchaghticoke (town), New York
Schaghticoke is a town in Rensselaer County, New York, USA. The population was 7,456 at the 2000 census. The Schaghticoke is a native tribe original to the area. The town is on the northern border of the county, north of Troy...
, Esposito's and Allen's unit's supply sergeant, was arrested and charged with the crime.
Witnesses later testified that Martinez had openly threatened to kill Esposito. Esposito had disciplined Martinez for poor job performance and had initiated proceedings which might have resulted in Martinez being discharged from the military or removed from his full-time Guard position. Witnesses placed Martinez in the vicinity of the Water Palace shortly after the explosion.
At an Article 32 hearing
Article 32 hearing
An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Its name is derived from UCMJ section VII Article An Article 32 hearing is a proceeding under the United States Uniform Code of Military...
in Kuwait
Kuwait
The State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...
in October and November 2005, Colonel Patrick Reinert recommended a general court-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
for Martinez based on the evidence presented. Esposito's and Allen's widows traveled to Kuwait and were present at the hearing.
After learning of additional evidence against him, including testimony from a soldier who stated that she had given Martinez claymore mines and grenades shortly before the killings, Martinez, on April 3, 2006, agreed to plead guilty
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
to murder in exchange for a life sentence without the possibility of parole. Lieutenant General John Vines
John Vines
Lieutenant General John Randolph Vines is the former commander of the U.S. Army's XVIII Airborne Corps and Multi-National Corps - Iraq....
, commander of the XVIII Airborne Corps and convening authority
Convening Authority
The term convening authority is used in United States military law to refer to an individual whose job includes appointing officers to play a role in a court-martial, or similar military tribunal or military commission...
over the legal proceedings, however, rejected the plea agreement and sent the case to court-martial under two counts of premeditated murder, Article 118 of the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
.
The court-martial was held at Fort Bragg
Fort Bragg (North Carolina)
Fort Bragg is a major United States Army installation, in Cumberland and Hoke counties, North Carolina, U.S., mostly in Fayetteville but also partly in the town of Spring Lake. It was also a census-designated place in the 2010 census and had a population of 39,457. The fort is named for Confederate...
, North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, beginning in October 2008 with Colonel Stephen Henley sitting as the trial judge. During the trial, Sergeant Sandra Pelton, a 42nd Division cook, testified for the prosecution that Martinez twice mentioned fragging when he came through her dining facility a few days before the explosion. On one occasion Pelton asked Martinez how he was doing and Martinez made a noise simulating an explosion and said, "Frag him, frag. I mean it." Around 20 other soldiers and officers testified that they had heard Martinez threaten or insult Esposito.
Martinez' defense team countered that the Army's evidence against Martinez was circumstantial and that prosecution witnesses' testimonies were inconsistent. The defense team also presented evidence that Martinez was not the only soldier in the unit with a grudge against Esposito. After two days of deliberations, the jury acquitted Martinez on December 4, 2008. Martinez was honorably discharged from the military shortly thereafter. The US Army has not publicly identified or charged any other suspects in the killings.
The case was one of only two publicly known instances of US enlisted
Enlisted rank
An enlisted rank is, in most Militaries, any rank below a commissioned officer or warrant officer. The term can also be inclusive of non-commissioned officers...
soldiers charged with intentionally killing superior officers during the Iraq war. In 2005, Hasan Akbar
Hasan Akbar case
The Hasan Akbar case refers to an event in the 2003 U.S. invasion of Iraq, when Hasan Karim Akbar was convicted of the double-murder of two officers assigned to Headquarters and Headquarters Company, 1st Brigade Combat Team, 101st Airborne Division at Camp Pennsylvania, Kuwait.The victims were Army...
was convicted of killing two officers in Kuwait in 2003 and sentenced to death.