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Soldier to plead guilty in Brown's death Date published: 7/15/2009
FROM STAFF AND WIRE REPORTS
FORT BRAGG, N.C. --One of the men charged with killing Pfc. Luke Brown, of Spotsylvania, has agreed to a plea bargain and could testify against five other soldiers.Sgt. Christopher Mignocchi, 22, of Hollywood, Fla., had been charged with involuntary manslaughter in the death last summer of Brown, 27. He will plead to a lesser charge that is still being determined. Mignocchi's attorney, Bill Cassara of Augusta, Ga., said the charge will at most require 30 days confinement and a reduction in rank to specialist. The earlier charges could have resulted in as much as 10 years in prison. "We thought it was a great result for him. It gets him out of the possible specter of conviction of much more serious charges," Cassara said. "He wanted to accept responsibility for his role in what occurred." Witnesses at earlier hearings said Brown ran from the bar into nearby woods and fellow members of his intelligence unit punched and wrestled him into submission before taking him back to their barracks July 20. Despite the report of evidence leading up to Brown's death, the Spotsylvania soldier's family has said they forgive the men involved. "I know Luke has forgiven them," he said in an interview after the soldiers were charged. "I've forgiven them. Our thoughts go out to these people and their families." He said the family understands that the Army has to cover its bases, and if the military feels charges are appropriate, then it's OK. But Paul Brown said he doesn't want the lives of seven more men to be lost in the process. "We don't want Luke's legacy to be seven court-martials. We want it to be compassion and kindness," he said. Military officials originally charged seven soldiers in Brown's death, but have dismissed charges against Spec. Charles B. DeLong, 24, of Dade City, Fla. Soldiers still charged with involuntary manslaughter are Sgt. Justin Boyle, 28, of Rocky Point, N.Y; Spc. Ryan Sullivan, 23, of Mount Laurel, N.J.; Spc. Joseph A. Misuraca, 22, of Harper Woods, Mich.; Sgt. Kyle G. Saltz, 25, of Richland, Wash.; and Pfc. Andrey Udalov, 21, of Brooklyn, N.Y. They have pleaded not guilty. The military judges said at a hearing Monday at Fort Bragg that Boyle's trial, originally scheduled for this week, would begin Sept. 28. The other soldiers' trials are scheduled for August. Boyle's attorneys asked for expert witnesses to testify about the condition of Brown's heart and whether alcohol and energy drinks may have affected it. Prosecutors argued the defense needed only one expert, but the defense said that person hasn't been paid and can't be consulted. Military judge Col. Gary Brockington said the delay in paying the expert was "just nonsensical to me." Boyle's lawyers also said they want another accused soldier to testify that Brown was moving as they drove to the post. Attorneys also discussed whether other members of the unit can be brought back from duty in Afghanistan to testify.
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