This post has been updated with a statement from the Navy.

The former commander of the U.S. warship involved in a fatal collision off the coast of Japan last year is vowing to take his case to court-martial and is accusing Navy leadership of trying him in the press before his trial.

Former USS Fitzgerald (DDG-62) commander Cmdr. Bryce Benson will not seek a plea deal on charges of hazarding a vessel, dereliction of duty and negligent homicide and intends to take the case to court-martial, according to a statement from his attorneys provided to USNI News.

“Cmdr. Benson was the Commanding Officer—and rightly understood the accountability that is the historical burden of command at sea. As such, following the collision, he declined his right to appeal both his non-judicial punishment and his detachment for cause by commander, U.S. 7th Fleet,” read the statement.

“A fair court-martial will expose the facts of the collision’s causes and Cmdr. Benson’s actions.”

According to Navy investigation summaries, Benson was sleeping when the bow of ACX Crystal smashed into the side of the ship, bending the metal of his stateroom leaving him clinging to the side of the ship for 15 minutes before the crew rescued him.

“Cmdr. Benson commanded Fitzgerald a mere five weeks, and irrefutably was in his stateroom when the ship collided with ACX Crystal,” the statement read.

“It has also been clearly established that he was never alerted his ship was in danger, in direct contravention of his standing orders.”

Benson was given an unspecified penalty following a non-judicial punishment hearing and was removed from his position as ship commander by then-commander of U.S. 7th Fleet Vice Adm. Joseph Aucoin several weeks following the collision, but before the fatal Aug. 21 USS John S. McCain (DDG-56) collision. Following the McCain collision, Aucoin was removed from his position and forced to retire early.

Following the McCain incident, Navy leadership appointed Adm. James F. Caldwell, director of Naval Reactors, to serve as the Consolidated Disposition Authority to oversee accountability actions related to the Fitzgerald and John S. McCain collisions. Caldwell’s decisions would supersede any previously made accountability actions, and in January Caldwell elected to bring the much more serious criminal charges of hazarding a vessel, dereliction of duty and negligent homicide against Benson and three junior officers who were on duty during the collision.

The officer in charge of the bridge during the June 17 collision has already pleaded guilty as part of a plea arrangement. Lt. j.g. Sarah B. Coppock, the officer of the deck at the time of the collision, pleaded guilty to a single charge of dereliction of duty as part of a deal that could include testifying against Benson or the two other junior officers on duty who were charged: Lt. Natalie Combs and Lt. Irian Woodley.

Combs and Woodley appeared in court as part of an Article 32 preliminary hearing last week before a hearing officer who will offer a recommendation to Caldwell whether or not to proceed with the trial.

Benson waived a similar hearing on his own criminal charges. In his statement, his lawyers said the decision was to spare the families and the crew “any unnecessary recitation of events and circumstances surrounding the tragic collision.”

In addition to pledging to go to trial, Benson’s statement accused Navy leaders of waging a public relations campaign that would hurt his case.

“Cmdr. Benson’s approach to accountability stands in stark contrast to the Navy’s method of litigating this case through the media and other out-of-court opinions and declarations from senior Navy leaders,” the statement read.

“As Cmdr. Benson recuperates from his own debilitating injuries and proceeds through the institutional, administrative and disciplinary procedures triggered by the collision, senior Navy leaders have repeatedly used public forums to assign guilt, foreclose legitimate defenses, and cast unwarranted aspersions.”

For example, shortly after Benson was removed from command in August, 7th Fleet issued a statement saying the ship suffered poor leadership.

“The collision was avoidable and both ships demonstrated poor seamanship,” read the statement.

“Within Fitzgerald, flawed watch stander teamwork and inadequate leadership contributed to the collision that claimed the lives of seven Fitzgerald sailors, injured three more and damaged both ships.”

The Navy issued a response to the statement to USNI News.

“These earlier administrative actions are separate and distinct from the ongoing criminal proceedings convened by the CDA,” read the statement from the service.

“The Navy’s public discussion of earlier administrative actions does not imply guilt of [Uniform Code of Military Justice] charges. Those accused are always presumed innocent unless proven guilty, and our communication of the status of criminal proceedings have been fact-based and in accordance with service regulations.”

With Benson electing to waive his Article 32 hearing, he will now wait for Caldwell’s determination on which charges he may face at trial. His hearing would have been on May 21, and it is now unclear when Caldwell will make a determination.

The following is the complete May 15, 2018 statement from Cmdr. Bryce Benson’s Attorney.

As always, Commander Benson’s first thoughts remain with the families of the fallen FITZGERALD Seven, the crew who continues to recover from the tragic collision at sea, and their families. Every day, he grieves for his seven brave Sailors who lost their lives.

Yet, even as Cmdr. Benson recuperates from his own debilitating injuries and proceeds through the institutional, administrative, and disciplinary procedures triggered by the collision, senior Navy leaders have repeatedly used public forums to assign guilt, foreclose legitimate defenses, and cast unwarranted aspersions. This effort includes last week’s Navy press release containing the callous implication that by declining to plead guilty at court-martial, Cmdr. Benson refuses to “accept responsibility.” Nothing could be further from the truth.

Cmdr. Benson commanded FITZGERALD a mere five weeks, and irrefutably was in his stateroom when the ship collided with ACX CRYSTAL. It has also been clearly established that he was never alerted his ship was in danger, in direct contravention of his standing orders. Nevertheless, Cmdr. Benson was the Commanding Officer—and rightly understood the accountability that is the historical burden of command at sea. As such, following the collision, he declined his right to appeal both his non-judicial punishment and his detachment for cause by Commander, U.S. Seventh Fleet.

He has also taken every opportunity to spare the families of the fallen, and the Fightin’ FITZ crew, any unnecessary recitation of events and circumstances surrounding the tragic collision—including by unconditionally waiving his right to a preliminary hearing at court-martial.

Cmdr. Benson’s approach to accountability stands in stark contrast to the Navy’s method of litigating this case through the media and other out-of-court opinions and declarations from senior Navy leaders. Rather than achieving accountability, the Navy’s strategy harms the very system of justice that is designed to protect Sailors. Congress enacted the Uniform Code to provide every service member a constitutional framework to separate fact from fiction—so justice can prevail. A fair court-martial will expose the facts of the collision’s causes and Cmdr. Benson’s actions. Subverting this time-tested process through extra-tribunal statements only undermines fundamental fairness and erodes public confidence in the entire military justice system.

Despite the Navy’s prejudicial public affairs approach, Cmdr. Benson awaits the outcome of his law-bound, fact-finding tribunal, and hopes for a swift and just conclusion to these proceedings.