{"id":32469,"date":"2018-07-23T20:10:33","date_gmt":"2018-07-23T20:10:33","guid":{"rendered":"https:\/\/one.sightlinemg.com\/navytimes\/uncategorized\/2018\/07\/23\/is-this-navy-officer-being-held-accountable-for-negligence-or-railroaded\/"},"modified":"2026-08-08T19:22:00","modified_gmt":"2026-08-08T19:22:00","slug":"is-this-navy-officer-being-held-accountable-for-negligence-or-railroaded","status":"publish","type":"post","link":"https:\/\/one.sightlinemg.com\/navytimes\/home\/left-column\/2018\/07\/23\/is-this-navy-officer-being-held-accountable-for-negligence-or-railroaded\/","title":{"rendered":"Is this Navy officer being held accountable for negligence? Or railroaded?"},"content":{"rendered":"\n

More than a year after the fatal collision<\/a> of the guided-missile destroyer Fitzgerald, the military arraigned Lt. Natalie Demitri Combs during a speedy but controversial Monday morning hearing at the Navy Yard in Washington.<\/p>\n\n\n\n

Her prosecution sparks controversy because an Article 32 hearing officer, Cmdr. Anthony Johnson, recommended that the Navy skip court-martial proceedings against her and instead send her to a board of inquiry to determine if she should remain on duty.<\/p>\n\n\n\n

An Article 32 investigation acts much like a civilian grand jury, but Johnson\u2019s recommendations after weighing the evidence against Combs were overruled by Adm. James Caldwell, the director of the Naval Nuclear Propulsion Program.<\/p>\n\n\n\n

He charged Combs on June 20 with two violations of the Uniform Code of Military Justice: dereliction of duty that negligently resulted in the death of fellow sailors and the negligent and improper hazarding of a vessel.<\/p>\n\n\n\n

In the early morning of June 17, 2017, the MV ACX Crystal, a commercial container vessel flagged by the Philippines, speared into the Fitzgerald, causing severe damage above and below the starboard waterline of the Arleigh Burke-class destroyer. The collision and flooding of the Fitzgerald\u2019s lower decks killed seven Navy sailors.<\/p>\n\n\n\n

Military prosecutors allege that Combs, the tactical action officer in the destroyer\u2019s combat information center, failed to follow both her commander\u2019s standing orders and rules spelled out by the Surface Ship Navigation Department Organization and Regulations Manual.<\/p>\n\n\n\n

They also contend that Combs failed to communicate with the bridge crucial information about radar contacts with nearby vessels and her recommendations about safe speeds and maneuvering through sea lanes often bustling with shipping traffic.<\/p>\n\n\n\n

Her trial is slated to start on Feb. 25. She\u2019s pleaded not guilty and her civilian attorney, David Sheldon, called her prosecution \u201cvery disturbing\u201d and a possible case of \u201cselective prosecution\u201d tinged with \u201cunlawful command influence.\u201d<\/p>\n\n\n\n

Sheldon said that several of her shipmates escaped with lighter charges. He predicted that Combs would be \u201c100 percent exonerated\u201d and said she looked forward to \u201cfighting this injustice” despite being \u201csaddened by the loss of life\u201d of her fellow sailors aboard the Fitz.<\/p>\n\n\n\n

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170713-N-NT265-025\rYOKOSUKA, Japan (July 13, 2017) The Arleigh Burke-class guided-missile destroyer USS Fitzgerald (DDG 62) sits in Dry Dock 4 at Fleet Activities Yokosuka to continue repairs and assess damage sustained from its June 17 collision with a merchant vessel. This view shows damage above the waterline to the outside skin of the ship. (U.S. Navy photo by Mass Communication Specialist 2nd Class Christian Senyk\/Released)<\/figcaption><\/figure>\n\n\n\n

\u201cIt\u2019s one thing for the Navy to conduct a dog and pony show at an Article 32 hearing. It\u2019s very difficult to do that in this courtroom,” said Sheldon.<\/p>\n\n\n\n

Monday\u2019s proceedings lasted 17 minutes and were overseen by Navy Capt. Colleen Glaser-Allen, chief judge of the Navy-Marine Corps Court of Criminal Appeals, but Cmdr. Arthur Gaston is expected to preside over the court-martial of Combs next year.<\/p>\n\n\n\n

The Navy has assigned Lt. Cmdr. Kate Shovlin and Lt. Cmdr. Paul Hochmuth as prosecutors.<\/p>\n\n\n\n

Sheldon will lead a defense team that includes Lt. Cmdr. Robert McElhose and Lt. Brenna Falzetta, who wasn\u2019t present on Monday.<\/p>\n\n\n\n

The officer of the deck during the collision, Lt., j.g. Sarah B. Coppock, already has pleaded guilty <\/a>to a sole charge of dereliction of duty.<\/p>\n\n\n\n

The Fitzgerald\u2019s commanding officer, Cmdr. Bryce Benson, has a trial scheduled to begin on Jan. 28.<\/p>\n\n\n\n

Caldwell stripped out negligent homicide charges<\/a> in his case.<\/p>\n\n\n\n

He also dismissed charges against the warship\u2019s surface warfare coordinator, Lt. Irian Woodley. She will appear before a Navy board of inquiry.<\/p>\n\n\n\t