by RYP » Thu Nov 20, 2008 5:57 pm
6. AYALA is a contracted civilian employee in support
of the U.S. Armed Forces serving in Afghanistan. AYALA has
a Letter of Authorization with a contract period start date
of 1 September 2008, with Department of Defense contract
number W91260-06-D-0005, via BAE Systems which is dated 25
September 2008, as a Human Terrain Team (HTT) member in
Afghanistan, U.S. Army Central Command Area of Operations.
7. AYALA is issued and authorized a DOD Identification
Card.
8. AYALA was in the U.S. Army for an unknown period of
time. Prior to 2008, AYALA was employed in the Iraq Theater
of Operations by an unknown company, where he provided
personal security for the Iraqi Prime Minister. AYALA was
also employed in the Afghanistan Theater of Operations by an
unknown company prior to 2008, where he provided personal
security for the Afghan President. AYALA was later hired by
BAE Systems, and returned to Afghanistan. He was employed
in the Regional Command (RC) - South Area of Operations (AO)
and began working with a BAE Systems HTT in support of U.S.
Armed Forces.
IV. Nature of the Offense
9. On 4 November 2008, AYALA went on a walking patrol
from Forward Operating Base (FOB) Hutal, Afghanistan, into
the adjacent village of Chehel Gazi, Afghanistan,
approximately 80 kilometers west of Kandahar, Afghanistan.
The patrol consisted of one platoon of U.S. Army infantry
Soldiers of C Company, 2-2 Infantry Battalion, three HTT
members (Ms. Paula Loyd, Mr. Clint Cooper, and Mr. Don
Ayala), and three local national interpreters. While in the
village, Ms. Loyd was attacked by Mr. Abdul Salam, an Afghan
citizen from Kandahar, Afghanistan. Salam lit a container
of flammable liquid and threw it on Loyd setting her on
fire, causing second and third degree burns over about sixty
percent of her body.
10. Salam immediately fled the scene and ran about 50
meters toward AYALA. AYALA drew his pistol but did not fire
at Salam. AYALA instead extended his arm, causing Salam to
run into his arm and fall to the ground. AYALA attempted to
restrain Salam and was assisted by soldiers from the platoon
who responded to the scene. Salam was restrained with
plastic restraints (also called "flexcuffs" or "zipcuffs"),
around his wrists, which were behind his back. At this
point Salam became a detainee, by U.S. military definition.
Case 1:08-mj-00989-TRJ Document 2 Filed 11/19/2008 Page 4 of 7
AYALA further restrained Salam by kneeling over Salam and
using his body weight to hold Salam to the ground. AYALA
also pointed his pistol at Salam's head. Salam continued to
resist detention, but there were several Soldiers around him
and AYALA had Salam effectively immobilized. After about
ten minutes, a soldier approached the location where AYALA
had Salam detained and informed the personnel in the area
that Loyd was burned badly. AYALA pushed his pistol against
Salam's head and shot Salam, killing him instantly.
Case 1:08-mj-00989-TRJ Document 2 Filed 11/19/2008 Page 5 of 7