Dead soldier's family has questions about case

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Dead soldier's family has questions about case

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CTV News Video

CTV Atlantic: Dan MacIntosh on Wilcox's history

As Cpl. Matthew Wilcox awaits sentencing in the shooting death of fellow soldier Cpl. Kevin Megeney, the slain man's family question why Wilcox was employed as a weapons instructor while he faced serious weapons charges.

Canada AM: George Megeney, uncle of reservist

The uncle of a Canadian reservist who was shot by a fellow soldier in Afghanistan in 2007, discusses how the young man's family is dealing with the finding that a Canadian reservist was guilty of criminal negligence causing death.

Canada AM: Michel Drapeau, military law expert, on whether the act was in self-defence

A military expert outlines why the prosecutor, Maj. Jason Samson, argued that Wilcox and Megeney were playing a game called quick draw in their tent when Wilcox' pistol discharged on March 6, 2007.

Canada AM: Chris Shannon, Cape Breton Post, with details on the jury findings

A journalist shares a first-hand account of the reaction to a military jury finding Canadian reservist Cpl. Matthew Wilcox guilty of criminal negligence causing death, for shooting a fellow soldier in Afghanistan in 2007.

CTV National News: Ottawa Bureau Chief Robert Fife reports on the decision of the military panel

A military panel has found 24-year-old Canadian Cpl. Matthew Wilcox guilty in the shooting death of fellow soldier, 25-year-old Cpl. Kevin Megeney in Afghanistan. Prosecutors claimed Wilcox killed Megeney during a game of quick draw.

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CTV.ca News Staff

Date: Fri. Jul. 31 2009 10:08 PM ET

The uncle of a Canadian reservist who was killed in Afghanistan, says despite Thursday's ruling against his nephew's accused shooter, the family has some questions.

"It's our understanding that he (Cpl. Matthew Wilcox) was sent to Camp Aldershot where he was employed as a weapons instructor," George Megeney told CTV Atlantic on Friday. "To my way of thinking, that's nothing short of bizarre."

A military jury on Thursday found the reservist guilty of criminal negligence causing death, in the death of Kevin Megeney, 25, in 2007. Aldershot is a training facility for reserve troops.

The military confirmed that Wilcox worked at Aldershot in the summer of 2007 and at CFB Gagetown in 2008.

"Now I think the family deserves an answer of why that was allowed to happen," George Megeney said.

The military said it would offer no further comment before Wilcox is sentenced.

Kevin Megeney, of Stellarton, N.S., was shot while in the tent he shared with Wilcox at Kandahar Airfield.

Emotionally hard

George Megeney said the trial has been hard on his brother and his family.

"They endured nine weeks of trial testimony, and that has served to bring the sorrow and grief back to the forefront," he told CTV's Canada AM from New Glasgow, N.S.

In addition to the criminal negligence causing death charge, Wilcox was also found guilty of negligent performance of duty. The jury stayed a manslaughter charge.

There was an audible gasp and sobbing in the courtroom Thursday as the verdict was handed down against Wilcox, who is from of Glace Bay, N.S.

The prosecution had argued that Wilcox and Megeney were playing a game called "quick draw" in their tent when Wilcox's pistol discharged on March 6, 2007.

Those accusations were based on testimony by friends who spoke to Wilcox in the wake of the shooting.

But the defence argued that Wilcox was acting in self-defence, firing at Megeney to avoid being shot in the back.

Samson argued the self-defence argument was false since Wilcox admitted he didn't look at Megeney before firing his pistol, and because he agreed he could have fled from any danger he may have felt.

His uncle said he was satisfied with the verdict.

"Everyone is responsible for their actions, in particular when it comes to the use of firearms, and particularly in the military. There is a responsibility for soldiers to handle their weapons in a safe manner. Unfortunately that wasn't the case."

Wilcox has not yet been sentenced, but the charge of criminal negligence causing death comes with a maximum sentence of life in prison.

Serious charge

Military analyst Michelle Drapeau said the ruling matched the crime and that the charges are among the harshest that a soldier can face.

"The fact that this was done (by) his hand, in a camp where ammunition should not have been available and should not have been loaded into a weapon to begin with, all that would have come to the fore and taken into account when the panel fundamentally decided he was guilty of two of the three charges," Drapeau said.

In Halifax, Defence Minister Peter MacKay said of the court-martial: "I can assure you the findings of this court-martial will be examined very closely by the chain of command. If there are further precautionary steps that have to be taken, they will be taken. We take the handling of weapons and firearms very, very seriously in the Canadian Forces."

Megeney described his nephew as a popular and friendly young man who loved his work.

"Kevin was a great young man," he said. "He was very outgoing, he had lots of friends and he really enjoyed the military life. He was a great kid, a good son, a great nephew and just a good citizen."

Wilcox's parents have been unavailable for comment.

Defence lawyer Lt.-Col. Troy Sweet said he is recommending an appeal, in part because of the makeup of the military panel. It had only four members instead of the usual five.

There should have been a fifth member of the same rank as Wilcox, he said.

The defence can launch any prospective appeal within 24 hours of sentence being passed, he said.

With a report from CTV Atlantic's Dan MacIntosh and files from The Canadian Press

Comments are now closed for this story

Mike
said
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A very unfortunate accident but it sounds like they were both playing that very stupid game. The outcome could have gone either way. Are these types of games more common than we know? What is the military going to do to prevent this from happening again.

Afghan veteran
said
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Greetings. Having been to Afghanistan twice and completeing the work up training I know that the reserve force members complete the same work up training as reg force up to 8 months before deployment. There are exceptions when last meet replacements are required but for the most part the training is exactly the same....

CFSupporter
said
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This should not have happened simple as that. A soldier is a soldier reservist or reg force, to play such a childish game and risk the life of your fellow soldiers is shameful. He deserves the punishment he will be handed.

Vickie
said
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"Vickie,

Your entirely wrong in your statement about the training of reservists. These soldiers did close to 6 months of full time training prior to deployment. They did the exact training as regular soldiers and the end product is a soldier ready for deployment...not a reserve or regular soldier. You need to check your facts before making such a generalization about reservists training.

This was not a training issue...it was a complete failure on the soldier's part to follow his training. To suggest he was not trained properly is completely off base."

I was not arguing that the reservists did not get the previous 6 months training. My statement is that a soldier with 4 years of military training would be more adapt to handle situations and that their training would produce a more mature soldier.

I am not off on this I was a reservist and reg force member, I know the type of training reservists acquire.

Former Weekend Warrior
said
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Cpl Wilcox was convicted because his self-defence justification is not plausible. As for the Reserve/Regular professionalism I would like to echo JC and Winnipeg views that soldiers are well trained before deplyment. I served 7 years in the Reserves during the 1980's and the fear of good was put into troops of ever jokingly aiming our weapons at each other. To those like Vickie who would discredit Reserves training and professionalism, I would encourage them to take a look at the headstones in Europe from the First and Second Wars (and all our war dead) and reference the units of those who perished defending Canadian values.

CM
said
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Interesting. I instructed recuits regular and reservist. In Atlantic Canada the training centers take great pride in ensuring a standard of training across the board. We stress at every level the importance of weapons safety and yes, I have to agree with a few coments that some young soldiers do make stupid mistakes. In the end justice was handed down, and one man is dead. Nobody wins really.

CM

Sherry MCpl
said
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This is a sad thing - but responsiblity had to be taken and justice served. I wish both families my condolences and hope that the future for this soldier will mean a better person for it. Good luck to all. To Vickie - you say you cannot judge the decision because you weren't there yet you are willing to state very erroneously "I wonder though, why young reservists with little or no full time training are put into situations which could cause themselves and others grave danger?". You are right - you have NO CLUE what the training is - however I CAN tell you that the Reservists are very well trained - before going over they DO NOT train 2 days a week and one weekend per month! They train for a year or more with the Regular Forces and learn everything the regular force people know. Some of these Reservists are also what we call "Full-time/Part-time" as their jobs, though not Reg Force means that everyday they work at their Regiments or on a base. The Forces DO NOT take soldiers who only train a few times a month and send them to Afghanistan! Yes, people can make stupid mistakes - they do in regular civilian life each day - just read the papers. There are MANY very well trained and very knowledgable Reservists out there. No one is perfect so please do not "judge what you do not know".

BTDT
said
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Once again Drapeau talking out of his gluteus maximus, he has absolutely no idea what goes on in theatre.

As long a there are these "military experts" who served the military during the "Triassic time" in their careers, we will still be getting misinformed "expert" information.

For gods sake CTV, there are thousands of soldiers that can do a 120% better, please find one.

Oh ya and here is a hint, just because you're an officer, doesn't necessarily make you qualifide to do the job. Lots of NCO's are better qualifide to comment on subjects like this and Afghanistan in "general", couldn't resist....

Retired CF Member
said
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For the comment from "Accident" ….Being in posession of a loaded firearm playing a "Game" and having it go off and kill someone …. Is no accident...

winnipeg
said
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regarding this issue, i believe the verdict is appropriate considering the facts that came to light. there is no excuse for the soldier's actions in the tent that day. the soldier must be held accountable for his actions.

As a soldier, i find it offensive that the professionalism of reg force versus reserve force is being compared and debated. At the end of the day, Task Force 1-07 likely had over 7 months of work up training under a regular force unit. As a member of Task Force 1-08, we had 11 months. When people comment on the lack of professionalism of part time soldiers, then the same people ought to comment on the fact that the professional regular force maybe has a gap to overcome because they didn't weed out that soldier before deploying him to the theatre of operation. Having said that, my opinion is as follows:

There is no difference in professionalism between part time and full time soldiers; and

The work up training that ALL soldiers receive is adequate for the situations they will face on the ground in kandahar;

Jimbo Jones
said
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Very sad,

But if they were playing quickdraw they were both pretty stupid!

I use to shoot handguns competitevly and I hunt. I know just how fast guns can turn deadly.

Poor judgement.

But lets be honest. The Army says one thing and does another. Spend a week in a training camp and listen to the racist, bigoted, sexist remarks from some of the clowns and it's easy to understand why such stupid games take place.

Before I get chastized. I worked for DND for YEARS. I used to have to contract for vehicle repairs for soldiers flipping vehicles whilst being stupid on the bases.

Paul Fredenburg
said
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Col Drapeau should get his facts straight. He described the process for clearing weapons on a range in Canada not in a camp in an operational theatre. Everyone is required to have their weapon with them at all times at KAF and to have ammunition for that weapon on their person. The point is that the weapon is not loaded and is in a safe condition at all times. That requires discipline, which Cpl Wilcox failed to demonstrate. Weapons are not toys.

accident
said
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it was an accident, you have young boys at war, bored out of their minds. Desensitized and knowing that any day could be their last. Trying to find fun out of whatever is available to do. It's unfortunate the gun was loaded and went off. It was an accident none the less.

A Garnon
said
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Take two young men from a technically advanced society, where they have access to television, video games, social networking and just about on demand everything, and place them in a hot sweaty tent for months on end in a primitive environment and you create the perfect storm.

The day to day mixture of long hours of boredom and short periods of sheer horror, beg for distraction. At that age I hate to think of some of the stupid things I did and yes almost died doing them. Maybe they were playing quick draw or what they saw as honing their skills in a volatile environment. If that is what is agreed occurred, then it was consensual between two friends, comrades in arms. Unfortunately one unknowingly had a chambered round and an accidental discharge which can and has happened before in profession at arms, be it military or civilian police organizations.

The accused probably came up with a stupid excuse and made matters worse. He should be punished for negligence of duty, but he is already serving life, for killing a friend. No one is a winner here.

JC
said
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Vickie,

Your entirely wrong in your statement about the training of reservists. These soldiers did close to 6 months of full time training prior to deployment. They did the exact training as regular soldiers and the end product is a soldier ready for deployment...not a reserve or regular soldier. You need to check your facts before making such a generalization about reservists training.

This was not a training issue...it was a complete failure on the soldier's part to follow his training. To suggest he was not trained properly is completely off base.

Retired military
said
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He is most certainly a criminal. His negligence caused the death of another person. At the time of the shooting he wasn’t defending the camp, which is what he was sent there to do, he was in a tent playing a very stupid game. He made a “mistake” like everyone else that is currently serving time in our prison system. Using the logic of a previous comment, one could say that those young men that were found guilty in the torture and death of the boy in Somalia are not criminals either. They were serving their county as well. He will do his two years less a day, then be transferred to a Federal Institution to finish the remainder of his sentence.

The “brass” does not have a say in who is charged and who isn’t. Those days are long gone. The Canadian Forces National Investigation Service has the authority to independently lay charges against anyone in the Canadian Forces, regardless of rank or status. It doesn’t matter if the person is a reservist, regular force or civilian serving in theatre they can and will be charged if reasonable and probable grounds exist to substantiate the charge.

The trial was held in Atlantic Canada because the offender is based at that location.

le gros
said
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Refs comments from Formely Military.

My friend in your comments is not a fair statement. All CF members are the best in the world. Don't forget this.

realist
said
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I understand what you're saying, former military, and yes, it's a very sad situation all around. But I disagree with your statement: "Cpl Wilcox is still a youngman who made a mistake serving his country..it does not make him a criminal."

The fact is that playing "quick-draw" with guns in their tent was a foolish thing to do, and shooting someone to death, whether you meant to or not, is still a crime. How many cases have their been where someone has driven drunk with their friend in the car, and they had an accident and killed their friend? They never mean for that to happen either. They too are often just "young people who made a mistake." Don't misunderstand me, I am a military wife and I love my troops - as I write this I am decked out in my red friday "support the troops" wear. But being military does not excuse you from behaving foolishly and playing with dangerous weapons.(Especially in a camp where there should have been NO available ammuniton or loaded weapons in the first place.) I am sure this young man will feel horrible guilt for the rest of his life, as will the rest of the young people in this world who make life-altering mistakes. Sad for both families.

ADM Saskatchewan
said
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Ye this young man made a mistake playing a dangerous game. Aren't there enoung of our Canadian soldiers getting killed there by enemy fire. Guns are not toys and should be treated with respect.

Norman Cundal
said
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I think overall the punishment is just. Unfortunately the only error i see is the Uncle's statement that ammunition should not be available in camp is wrong. You are issued ammunition on arrival and it is always in your tac vest at all times. In case of attack you cannot be scrambling to find the CQ and be issued ammo.

Retired Member
said
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Playing "quick draw" or any other games with any type of real weapon is stepping way over the line and anyone who saw or participated in such games while deployed wears a certain amount of responsibility for not ceasing this type of behavior at the beginning. Had this behavior occured in front of training staff before deploying the member would have been removed from deployment immediately. Evil occurs when good men condone evil behavior.

I also found the defence's excuse of "self defence" totally inappropriate and demeaning. Shame on the lawyer who pushed this motion forward.

Vickie
said
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Not being at the court martial I cannot judge the decision.

I wonder though, why young reservists with little or no full time training are put into situations which could cause themselves and others grave danger?

It takes no genius to realize training 2 days a week and one weekend a month is not equivalent to the training provided to full time infantry soldiers. Yes, reservists attend training in camps such as Aldershot, Gagetown, Borden etc for 6 weeks every summer, if they so choose. Yes prior to a major deployment there are months and months of training.

If, these two reservists were playing a game of quick draw, and it was previously known, why were they not both deported back to Canada immediately before anything so devastating could happen?

I wonder how these young men came about this game? Was it being played in theatre by others?

There obviously is more to the story that the Military Police have uncovered during their investigation. There are always two sides to a story...too bad we won't ever hear the other side.

Mature, well trained, soldiers should not make this kind of mistake. But they were not, both reservists with very little training, little respect for the weapons they were carrying and too much excitement having been allowed to be on the tour. Major mistakes do happen.

I feel for both families and hope that Cpl Megeny's family gets some closure.

As for Cpl Wilcox family, I hope you can get through this trying time. Stand proud, although a major accident, your son was also doing his duty and putting his life on the line in the name of Canada.

Tough decision by the court martial members. A sad day for the Canadian military and the NSH.

Current military
said
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Reservist, regular force does not matter, bottom line he used his weapon caerelessly and killed another solider, for that he will be accountable. Does that make him a criminal, yes(criminal negligence). Do I feel empthy for the young man, absolutly. He was thrown into a world of danger and made a very big mistake which has changed the lives of two families. This is a sad event. I wish both families the best.

david
said
0 0

when i was in the military, (and returning presently) firearms were the last thing brought out and made ready to fire. they were the first thing made safe and stored securely.

what has been reported in this and other cases is a false familiarity with both the concept of having them on one's person and of their use.

what has been reported in previous news from this trial is a prevalent immaturity on the parts of some members, particularly reserve members from this unit in question, regarding the proper use and handling of firearms. no doubt the riot act has been read, and without doubt someone will most assuredly visit the unit to ensure compliance. perhaps the recruiting guidelines are not being met quite so strictly as they should be.

accidents happen. but having worked insurance in the past I would put it to you there is no such thing as an accident. there are situations which allow accidents to happen for which corrective action has failed to have been taken.

LEP
said
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why is it military analyists always fail to under stand he militaries policies?

"in a camp where ammunition should not have been available and should not have been loaded into a weapon to begin with"

even in KAF you have a full load of ammo, and your mags, especialy for pistals are always loaded. Only the gun itself should not have been loaded.

That said, RIP, condolinces to the family, And I hope wilicox "enjoys" his years in club ed, I do not evey him for were he is going to spend the next few years of his life.

Sapper
said
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As a former Soldier who served two tours in Afghanistan. Everything Cpl. Willcox did broke pretty much every rule set. The punishment fit the crime. I personally am glad to see justice was served. I am sorry to argue the man above me here, but yes he is a criminal. There is no excuse for what happened. He was on gate guard at KAF. The loaded statement about reacting to a barrel in his face... complete load of BS.

I hope that the young Cpl's family can relax a bit knowing that the military took care of things the right way for once.

Brian in Halifax
said
0 0

I agree, this action affects two families directly and the military as a whole. While I still serve and have for 29yrs, and been deployed 5 times, holding onto my weapon with 260 rounds of live ammo, I never once thought to be stupiod and play games. This mbr of the resserves is in fact now a criminal...like it or not.

I only hope that it serves a reminder to the leadership corps to better look at who we end over seas from now on. I think the trg standards may be too low for non reg force personnel. God bless the military

Steve
said
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Fact is the military is a profession of arms.To be a professional you must respect your weapon,and what it can do.It's sad a young reservist had to die due to a lack of discipline from these east coast reservist.And further "quick draw" is not a normal game soldiers do.Maybe it was popular with these part time soldiers,and their lack of professionalism ended in death and trial.
Sad story really.

Former military
said
0 0

This indeed was a sad affair for all parties involved...2 families lives are for ever affected..such is war..no one wins...The accused was a reservist..did the brass look at this politicly...and say ..let's set an example ...vs regular force members and it's affect on morale?....

I hope not...why was the trial in Atlantic Canada...because a great majority and some of our best soldiers ,sailors and airman come from there.....especially the Cape Bretoners..when challenged they can fight ...for their country...I know I served with many of them......Nflders,Islanders and New Brunswickers were just as solid ...it is the nature of their lives....I hope everyone involved in serving our country learns from this ordeal...I see a pride in the Canadian Forces that has not been around for a long time....we may not support the Afghan war ..but we must support our service personnel...Cpl Wilcox is still a youngman who made a mistake serving his country..it does not make him a criminal.........