I've been following this story for a while now and a few things stick out at me:A soldier accused of shooting and killing his comrade in their tent in Afghanistan over two years ago testified Monday that "in retrospect" he realizes he had other options to pulling the trigger.
Last Friday, Cpl. Matthew Wilcox told a military court martial in Sydney, N.S., that he was acting in self-defence when he shot his friend and tentmate Cpl. Kevin Megeney on March 6, 2007.
He testified that he heard the sound of a pistol bolt sliding, turned slightly to see a barrel pointed at his back, and "instinctively" pivoted and fired a shot.
On Monday, military prosecutor Maj. Jason Samson pressed the 24-year-old reservist on whether a "reasonable person" would hesitate before shooting.
"If they had all of the facts now, yes, sir. But not at the time," replied Wilcox, who is from Glace Bay, N.S.
With several members of the Megeney and Wilcox families watching from the public gallery, the accused soldier said he realizes now there were other alternatives.
"In retrospect, I would have done things differently," he said.
Megeney simply 'reacted'
Wilcox said he could have fled or taken cover behind nearby metal lockers in the same period of time he had to shoot Megeney. But at the time, he said he felt threatened and simply "reacted."
Cpl. Kevin Megeney, 25, was fatally shot in his tent in Afghanistan. Cpl. Kevin Megeney, 25, was fatally shot in his tent in Afghanistan. (DND/Canadian Press)
Wilcox's defence team is arguing that under the Criminal Code, the soldier had a right to shoot Megeney. A portion of Section 34 of the code states a person can kill an "assailant" when there is "reasonable apprehension of death or grievous harm from the violence with which the assault was originally made or with which the assailant pursues his purposes."
But the prosecution attempted to chip away at Wilcox's assertion that he was acting in self-defence, suggesting the soldier had little to fear.
Samson asked if it was reasonable to assume that Megeney's gun wasn't loaded because military rules at the base in Kandahar require that off-duty soldiers unload their rifles and pistols.
Wilcox responded that he didn't know, "one way or another," if the Browning 9-mm pistol of his tentmate was loaded.
"I just know it [Megeney's pistol] was ready," he added.
Wilcox has pleaded not guilty to charges of manslaughter, criminal negligence causing death and negligent performance of a military duty in the death of Megeney, 25, of Stellarton, N.S.
The prosecution alleges that Wilcox and Megeney — described as close friends in Afghanistan — were playing a game of "quick draw" when the shooting happened, an accusation that Wilcox has denied.
Samson asked whether Megeney might have been checking his pistol to see if there was any ammunition in it.
Wilcox agreed that was possible, but added it was also "speculation."
1. The Browning slide will not advance without a mag inserted. Usually you do that with an empty mag or stick your finger up the mag well and hit the release. So there was no immediate reason to open fire on the guy.
2. Wilcox apparently either had time to load his C-7/sidearm (the article doesn't mention what he used) and fire or had it loaded in camp which is a very big no-no.
3. Wilcox states that he didn't know for sure whether his tentmate's sidearm was loaded but states that it was "ready". Ready in the CF means "ready to fire".
I'm not a 100% sure on who's at fault here but I'm leaning heavily toward Wilcox and I fully admit that I'm biased against him because he's a Reservist.
