StarBulletin.com

Soldier was 'confused'


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POSTED: Wednesday, February 17, 2010

A 31-year-old Schofield Barracks soldier, accused of killing a civilian contractor in Iraq in September, was confused and hallucinating at the time of the shooting that preceded a daylong standoff, a friend testified yesterday at an Army hearing.

At yesterday's hearing at Wheeler Army Airfield, Spc. Leonel Garciapagan, a close friend of Spc. Beyshee Velez's, said Velez was “;very confused”; when he talked with him after the shooting and took his rifle away from him.

Velez, a combat medic, is charged with two counts of murder, one count of trying to elude Air Force security forces and three counts of assault. The Army said that although Velez has been charged with two different counts of murder, he could be convicted of only one of the murder specifications.

Phil Cave, Velez's civilian defense attorney, challenged yesterday a report by a three-member Army mental health board last month that ruled Velez was competent to face a court-martial for allegedly killing Lucas “;Trent”; Vinson with his M-4 carbine on Sept. 13 at Contingency Operating Base Speicher near Tikrit. Vinson, 27, had been working for Houston-based KBR when he was killed.

Velez was on his third Iraqi combat deployment and a week away from leaving Iraq. Civilian contractor KBR provides services, including housing, meals, mail delivery and laundry.

Cave said that he planned to appeal the ruling of the board, which said Velez had suffered “;a short psychotic episode”; when the shooting occurred. He also plans to request government funding to hire an expert consultant.

During the hearing, Cave said Velez was “;a family person”; who spent a lot of money taking care of his mother, sister and nephew and came from a family whose members “;slept on the street”; and had a history of bipolar disorder and suicide.

Velez and Vinson had never met before the shooting, and there has never been a motive suggested for the shooting. An autopsy released during yesterday's hearing disclosed that Vinson was shot once but suffered three wounds.

Garciapagan told Lt. Col. Payton Sims, the investigating officer assigned to the hearing, that three days before the shooting, Velez's mood had changed. “;He was completely out his mind. He didn't make any sense.”;

However, Garciapagan said he did not report the behavior change because the unit was busy with plans to leave Iraq for home.

Garciapagan talked with Velez after the shooting in a van where the accused had barricaded himself for nearly 12 hours. “;He was very confused.”;

Garciapagan said Velez believed that he was being pursued for a crime he did not commit.

However, two days after the shooting, Garciapagan told Army criminal investigators that Velez told him that he shot Vinson accidentally because he was trying to take his rifle.

Sheree Bowler, a former KBR employee, said Velez approached her, Vinson and several other workers after they had picked up breakfast at about 8 a.m.

Velez then told Vinson to drive him in his SUV, Bowler said by phone.

KBR bus driver Corey Smith testified by phone from Iraq that he later saw Vinson's Ford SUV and heard a single shot that allegedly was fired by Velez killing Vinson.

Velez then stole the tan 15-passenger KBR van. After a chase around the base, Air Force Tech. Sgt. Wendell Gentry, a security police officer, testified Velez crashed into a barrier, barricaded himself until nearly 7 p.m. and threatened to shoot himself rather than surrender.

Sims will review the evidence and make recommendations on the disposition of the charges. Sims will send his recommendations to Maj. Gen. Bernard Champoux, who will replace Maj. Gen. Robert Caslen as commanding general of the 25th Infantry Division on Friday. The hearing is expected to last several days with 22 people scheduled to testify.

Velez is assigned to the 3rd Bronco Brigade Combat Team's Headquarters and Headquarters Battery, 3rd Battalion, 7th Field Artillery.