When Air Force Lt. Col. Gary Brown saw a big black sport utility vehicle speeding alongside his own vehicle on a two-lane road in Afghanistan, he thought, “Oh my God, I’m going to die. He is trying to kill us.”
The Afghanistan command had issued an alert for suicide car bombers that day last September. But the driver of the SUV heading for Brown was not a member of the Taliban or an al-Qaida terrorist. He was an American private security contractor, one of more than 50,000 who find high-paying jobs in dangerous Iraq and Afghanistan.
The encounter, which culminated in a gun-drawn showdown at a checkpoint, showed how the mix of military officers and security freelancers can create conflicts in the already volatile region.
The Government Accountability Office, Congress’ auditing arm, counted 20 clashes between military personnel and security guards in just one five-month period in Iraq.
Rep. David Price, D-N.C., has introduced legislation that calls for direct federal oversight of contractors.
“This bill ensures that our troops are protected while also making sure contractors know the rules of the game,” Price said.
Brown’s encounter was a case in point. When Jimmy Bergeron, a bearded security guard for Blackwater USA, pulled alongside him at a high speed, Brown had no idea who he was.
“This is a suicide bomber, and I am not going to see my wife and babies again,” he said in a statement to police authorities in which he charged Bergeron rammed his vehicle twice.
When he arrived at a U.S. embassy checkpoint in Kabul, he saw the black SUV in his rearview mirror. Both drivers exited their vehicles. Brown, who was in uniform, pulled out his M4 carbine and tried to force the driver to the ground.
Bergeron, a bodyguard for U.S. diplomats, complained to the U.S. embassy. Brown found himself facing six criminal charges.
“Because of lax rules, we’re putting our military people in positions where their use of force is questioned in hindsight,” said Brown’s defense attorney, Charles Gittins.
Blackwater USA spokeswoman Anne Tyrrell said the company has 2,300 security guards in nine countries. She declined to discuss Bergeron’s status. He was not charged in the incident.
Gittins presented evidence that Brown followed the four-step official rules of engagement: shout, show, shove and shoot. He never reached the “shoot” step.
The argument worked. Earlier this month, the presiding hearing officer recommended dismissal of all charges, which included conduct unbecoming an officer and assault. Brown’s commander will make the final decision.
“Lt. Col. Brown demonstrated a calm, collected demeanor during the whole incident,” the hearing officer wrote. “Another person might have been ‘trigger happy’ and shot Mr. Bergeron.”