Manslaughter Charges Set Aside in Friendly Fire Case

The Air Force set aside manslaughter and assault charges against a U.S. pilot Monday and said he will face trial on dereliction-of-duty charges for mistakenly bombing Canadian soldiers in Afghanistan last year, killing four.

Maj. Harry Schmidt, 37, could get six months in prison if convicted of the offense.

A date for the court-martial was not immediately set.

The dereliction count alleges that Schmidt “failed to comply with the applicable rules of engagement” and “willfully failed to exercise appropriate flight discipline over his aircraft.”

Schmidt and National Guard pilot Maj. William Umbach, the mission commander, attacked the Canadians’ position on April 17, 2002, from their F-16s, saying they thought they were under attack from Taliban forces.

Schmidt has maintained that the Air Force gave no warning that allies would be performing live-fire exercises.

Schmidt rejected a recommendation of administrative punishment, saying he would try to clear his name at court-martial. Schmidt’s lawyer, Charles W. Gittins, said the Air Force’s decision “reinforces the fact that Harry didn’t act criminally and shouldn’t have been charged criminally.”

Charges were dropped last week against Umbach, 44, a United Airlines pilot. Umbach was given a letter of reprimand and allowed to retire, as he had requested.