SEATTLE — A U.S. soldier who told his family of an alleged plot to kill Afghan civilians for kicks — only to be charged in the case later — has waived his right to a preliminary hearing, meaning his case will likely go straight to military trial, his lawyer said Wednesday.
Spec. Adam Winfield of Cape Coral, Fla., is one of five soldiers charged in the deaths of three civilians during patrols in Kandahar province this year.
Prosecutors said he willingly participated in the final killing, but his lawyer, Eric Montalvo, has argued that Winfield feared he’d be killed by one of his co-defendants if he didn’t follow an order to shoot at the victim.
Duress is not a legal defense to a murder charge.
Winfield was set to have an Article 32 hearing Tuesday at Joint Base Lewis-McChord south of Seattle to help decide whether there’s enough evidence for a court martial. But he waived it because “it would have been a waste of time,” Montalvo said. He said he and prosecutors have already discussed the case during plea negotiations and that each side is aware of the other’s legal position.
Winfield, 22, told his parents in Internet messages on Feb. 14 that members of his unit had deliberately killed a civilian — “some innocent guy about my age just farming” — and planned to kill more. The Associated Press
