Is this definitively a criminal investigation as the title suggests?
What is that based on? The fact that OSI is conducting it?
Given the nature of the surrounding circumstances, might OSI have been tasked to perform this investigation for intelligence / information gathering purposes rather than as a criminal investigation?
I note that the involuntary manslaughter offense has a negligence mens rea but has an "unlawful" element. Does this mean that if a killing is justified, there is no need to raise an affirmative defense of justification (i.e., the unlawfulness element incorporates the same analysis)? If so, sloppy drafting... The MPC definition of negligence also incorporates the reason for the imposition of the risk (the risk must be "unjustifiable"), but the culpable negligence element of involuntary manslaughter does not ("foreseeably result").
I hope this doesn’t have any deterrent effect on the folks who are doing everything they can to save lives over there.
Somebody has to be the scape goat, instead of the politicians.
Although OSI leading an investigation makes it sound like a criminal investigation, keep in mind that the unauthorized entry onto the aircraft by a civilian would be considered a criminal matter and likely within OSI's purview. I wouldn't assume this to be an aircrew investigation.
When I was stationed at HQ Air Mobility Command in mid-90's, there was an incident where a cargo jet (iirc a KC-10) was in Mongolia, & 2 9-10yr-olds thought it would be cool to hide in the wheel well. One was crushed when the gear retracted (his body fell out into ocean as plane lowered landing gear as the jet was approaching Kadena (Okinawa). The other kid somehow was still alive & in wheel well, but unconscious & severely brain-damaged from lack of oxygen. Anyway - as you would expect, a whole bunch of rules were developed to (1) prevent a recurrence, & (2) develop an investigative process if it did. This said, what was developed was intended to prevent small numbers of individuals from getting to the aircraft, not crowds the size seen in Kabul.
I think there is an internal regulation requiring investigations in death cases. Doesn’t mean it is criminal, but definitely good to get the details.
That's clarifying. Thanks!
I imagine you’re right. In the army there are a few serious circumstances where CID has investigative authority for non-criminal matters. The Air Force likely has similar regs.
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