Top general and DA vow to change policies on deploying soldiers accused of crimesDAVE PHILIPPS
The Gazette
January 12, 2011 2:18 PM
Fort Carson’s top general and the local district attorney vowed this week to fix communication breakdowns that caused Fort Carson to deploy soldiers with pending felony cases.
A Gazette investigation Sunday described four cases involving Fort Carson soldiers accused of serious violent crimes in Colorado Springs who were scheduled to go to trial, but instead went to war, despite protests by prosecutors. Judges, defense attorneys, a bail bondsman and a spokesman for the 4th Judicial District Attorney’s office all said they disagreed with the practice, but felt they had no power to keep soldiers from deploying.Army regulations allow colonels in command of Army brigades to deploy troops, even with pending felonies, and the Constitution gives supremacy to federal law. Initially, spokesmen for brigades that deployed these soldiers told The Gazette they were aware of the charges, but deployed the troops anyway because they were critical to the mission.
But on Tuesday, Gen. David Perkins, commander of the 4th Infantry Division, which includes most of Fort Carson’s 25,600 active-duty soldiers, said this goes against his policy to always cooperate with the district attorney’s office.
In a phone interview from near Tikrit, Iraq, where he is deployed, Perkins said Fort Carson does all it can to work closely with local police and prosecutors. Army lawyers discuss each case with prosecutors to make sure troops deploy only with prosecutors’ consent and return for important court dates, even though Army regulations do not require it.