Drone missile victims' case won't be reopened; questions unanswered

Marine Staff Sgt. Jeremy Smith, a 26-year-old Houston-based reservist, was killed in the friendly-fire tragedy in 2011. Marine Staff Sgt. Jeremy Smith, a 26-year-old Houston-based reservist, was killed in the friendly-fire tragedy in 2011. Photo: family photo Photo: family photo Image 1 of / 3 Caption Close Drone missile victims' case won't be reopened; questions unanswered 1 / 3 Back to Gallery

A year after a missile fired from a U.S. Predator drone mistakenly killed two Houston-based reservists in Afghanistan, the military has made some changes, but painful questions linger for the victims' families, who were disconcerted to learn that a request to reopen the investigation had been denied.

Marine Staff Sgt. Jeremy Smith, 26, of Arlington, and Navy corpsman Benjamin Rast, 23, of Niles, Mich., died in southern Afghanistan on April 6, 2011. Both men served in 1st Battalion, 23rd Marine Regiment, a Houston-based reserve unit also known as The Lone Star Battalion.

Documents obtained by the Houston Chronicle through the Freedom of Information Act reveal that Lt. Col. Russell Todd Zink, the batallion's commanding officer, had urged the military to open a new investigation, to no avail. In a five-page memo dated June 24, Zink cited "a serious conflict of interest" by investigating officers who conducted the preliminary inquiry.

He also voiced concerns about the scope of the probe, improper procedures in firing the missile, and leadership problems in 2nd Reconnaissance Battalion, the active-duty Marine unit that had tactical control over Smith and Rast's platoon.

"Sir, it is my humble and urgent recommendation that a new Command Investigation be initiated and that a new investigating officer from outside the chain of command, not known to the parties involved, and with substantial fire support/live fire experience, be appointed," Zink wrote. "The Command Investigation of 25 April 2011 was tainted and guided by the (preliminary inquiry) completed by 2d Reconnaissance Battalion who had a strong interest in the outcome."

One month later, John Toolan, the commanding general of II Marine Expeditionary Force in Afghanistan, wrote in another memo that he had met with Zink to discuss the his concerns, but after careful review, "no further action or investigation is required."

The next day, Marine Gen. John Allen, the top U.S. commander in Afghanistan, ratified the decision not to reopen the investigation, noting that the new evidence "does not affect the original findings."

However, allegations of poor leadership in 2nd Recon prompted a command climate survey of that battalion, which is based in North Carolina.

The Marine Corps declined to release the survey's results.

'Can of worms'

Rast's father, Robert Rast, said the documents open "a can of worms," and reinforce his belief that the investigation was flawed.

The memos were not included with the copies of the investigation report provided to family members, and military officials who briefed them in October never mentioned the command climate survey or Zink's concerns.

"The Pentagon has swept it under the rug," said Smith's mother, Sandra K. Harris-Smith.

The investigation found that the Predator crew targeted Smith and Rast after mistaking their images on sensors for those of enemy forces. It blamed the fog of war, an oft-cited cause of friendly fire incidents, and absolved everyone involved of negligence or dereliction of duties.

The only people disciplined were reservists from The Lone Star Battalion: a lieutenant and two sergeants from Smith and Rast's platoon. The lieutenant received counseling for losing command and control of his unit and failure to give accurate friendly positions. The sergeants were counseled for communication errors.

Rast said the military has done little, if anything, to reassure him that U.S. ground troops will be safe from another Hellfire missile attack by a Predator drone.

"In other words, our ground units are not safe and very well could be the targets again of the 'Killer Drones,' " he said.

An Air Force spokesman said improvements since the tragedy include better communication protocols and equipment, as well as training for ground units receiving support from drones.

In addition, efforts are under way to ensure all intelligence analysts have two-way voice communication with drone crews, said Air Force Lt. Col. John Dorrian.

Undisclosed changes

A Marine spokesman, Capt. Gregory Wolf, said the Corps also has changed training, tactics and procedures, but he declined to give details for security reasons.

At a ceremony next weekend, Smith will be awarded a posthumous Bronze Star with "V" for valor for his actions in Afghanistan.

Rast was awarded a posthumous Navy- Marine Corps Commendation Medal.

Smith-Harris said the anniversary reawakens agonizing emotions.

"There's no way to explain to anybody how horrific this is," she said.

Smith's father, Jerry Smith, said he texted Rast's father on Wednesday to tell him he was praying for him.

"I said I know this week in particular makes the whole thing raw again," Smith said. "If there was any scab over it, it's been ripped off, and we're forced to think about the unthinkable … You can't even believe it's been a year because you can't even believe that it ever happened to begin with."

lindsay.wise@chron.com