First American Civilian Convicted of Detainee Abuse

During the Wars in Iraq and Afghanistan

RALEIGH - Acting United States Attorney George E. B. Holding announced today that DAVID A. PASSARO, 40, of Lillington, N. C., was convicted on all four counts charged in the indictment by a jury in United States District Court, Raleigh, North Carolina following an seven-day trial before United States District Judge Terrence W. Boyle. PASSARO was found guilty on one count of felony assault resulting in serious bodily harm and guilty on three counts of misdemeanor simple assault.

U. S. Attorney Holding stated that A today a North Carolina jury showed the world that no one is above or beneath the laws of the United States. Nearly 8,000 miles from here, PASSARO brutally assaulted an Afghan detainee. By the hard work of the CIA, FBI, USMS, and federal prosecutors, PASSARO has been brought to justice.

Evidence presented at the trial showed that PASSARO, a contractor working on behalf of the United States Central Intelligence Agency (CIA), was stationed at the U. S. Army base at Asadabad in the Kunar Province of Afghanistan in June, 2003. On June 18, 2003, PASSARO and military personnel took an Afghan man named Abdul Wali into custody after he had surrendered himself at the front gate of the Asadabad Base. Wali was wanted for questioning in rocket attacks on the base and was placed in a detention cell located within the base. Evidence presented in the trial also established that on June 19, 2003, and June 20, 2003, PASSARO interrogated Wali about the rocket attacks, and that during these interrogations PASSARO beat Wali using his hands and feet, a mag-lite and a large spotting light. Wali died on June 21, 2003, while still in custody at Asadabad Base.

PASSARO is the first American civilian charged and convicted of mistreating a detainee during the wars in Iraq and Afghanistan.

The maximum penalty for the felony conviction is 10 years in prison and a $250,000 fine and the simple assaults have a maximum penalty of six months each. Sentencing will be at a later date.

This case was referred to the Department of Justice by the Central Intelligence Agency and investigated by the CIA = s Office of Inspector General, Federal Bureau of Investigation and the U. S. Marshal = s Service. The case was prosecuted by Assistant U. S. Attorney James A. Candelmo from the Eastern District of North Carolina and by Assistant U. S. Attorney Michael P. Sullivan from the Southern District of Florida, Counter Terrorism Section of the Criminal Division of the Department of Justice. Special Agent in Charge Nathan Thomas Gray of the FBI joins U. S. Attorney Holding in commending those agencies and the prosecutors for their successful efforts in obtaining guilty verdicts in this case.

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