British Soldiers Charged in Assault of Off-Duty Police Officer

http://www.nytimes.com/2013/09/05/nyregion/british-soldiers-charged-in-assault-of-off-duty-police-officer.html

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The six British soldiers have served in the world’s most intractable conflicts, all but one having been deployed to Iraq or Afghanistan. But they now find themselves in a very different kind of quagmire.

All six, members of the First Battalion of the Royal Regiment of Scotland, have been charged with assaulting an off-duty New York City police officer outside a bar on the East Side last week and face the prospect of short jail terms and possibly discharge from the army, officials said.

At the Manhattan Criminal Court on Wednesday, a judge denied requests that the men be released on their own recognizance, which means they will either have to post bail — $3,000 for five of the soldiers and $10,000 for the sixth — or remain in jail at least until their next court hearing, on Sept. 17.

Asked whether the men would be able to post bail, Capt. Matt Stevens, who is the soldiers’ commanding officer and was not present when the assault was said to have occurred, said, “Hopefully.”

He added, “The British military will not be posting bail.”

The men are members of a military rugby team that arrived in the United States about two weeks ago with plans to play a series of exhibition matches. They were to play a team of Marines in Quantico, Va., and a team of sailors at the Naval Academy, in Annapolis, Md., Captain Stevens said. Last week they were scheduled to play against New York police officers, but that match had to be canceled.

All are citizens of the island nation of Fiji, in the Pacific Ocean. Fiji was once a member of the British Commonwealth of Nations, and its citizens can still serve in the British armed services.

The details of the fight remain murky, though it appeared to be a result of a verbal spat that quickly escalated. It occurred outside the Mercury Bar, at 493 Third Avenue, at 4:38 a.m. on Friday, the police said.

According to the criminal complaint, the off-duty police officer, who is 33 and has not been identified, was knocked to the ground and punched repeatedly in the face and body.

Lawyers for the soldiers said the officer yelled a racial epithet and pulled a knife, stabbing two of the soldiers and causing minor wounds. He has not been charged.

When it was over, the off-duty officer had, among other injuries, a broken nose and injuries to his mouth that required stitches.

Five of the soldiers have been charged with misdemeanor assault. They were identified as Mosese Kurulala, 27; Joeli Raduva, 34; Filipe Vunisarati, 24; Iliakini Raderua, 30; and Thomas Shute, 34.

The sixth, identified as Ratu-Iosefo Yavala, 33, was charged with felony robbery. According to the criminal complaint, when the off-duty police officer tried to call 911 during the attack, Mr. Yavala knocked his cellphone out of his hands and took it.

It appears the six men have been left to the mercy of New York’s criminal justice system. They are being represented by public defenders. At their hearings on Wednesday, only Captain Stevens and a representative from the consulate of Fiji were present.

“We’re just here to see them, to visit them, to talk with them,” said the Fijian diplomat, who declined to be identified.

The British Defense Ministry released a short statement confirming that the men were indeed members of the British military, but would provide no more details.

“This is a civil police matter and it would be inappropriate to comment further,” the statement said.

Beyond what penalties await them in the United States, the soldiers could face punishment in Britain, possibly discharge from the army, a spokeswoman for the British Embassy said by e-mail.

“All those who are found to fall short of the Army’s high standards will face disciplinary action,” she said.