David A. Passaro was a contractor working on behalf of CIA, indicted in relation to interrogation techniques that resulted in death of a detainee, Abdul Wali, in Afghanistan. The indictment alleges that Passaro "beat Adbul Wali, using his hands and feet, and a large flashlight." Indictment counts: assault with a dangerous weapon, assault resulting in serious bodily injury.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. UNITED STATES OF AMERICA ) ) vs. ) INDICTMENT ) DAVID A. PASSARO, ) ) Defendant ) The Grand Jury Charges: GENERAL ALLEGATIONS 1. At all times relevant to this Indictment, Defendant David A. Passaro was a contractor working on behalf of the United States Central Intelligence Agency (CIA). He was working on behalf of the CIA, engaging in paramilitary activities in support of United States military personnel at a military base near the town of Asadabad in Kunar Province, in the nation of Afghanistan. The military base was called Asadabad Base. 2. The Asadabad Base was frequently subjected to rocket attacks. On June 18, 2003, a local Afghani named Abdul Wall, who was suspected ofparticipating in these attacks, surrendered himself voluntarily at the front gate of Asadabad Base. Defendant David A. Passaro assisted military personnel in detaining Abdul Wall. Military personnel placed Abdul Wall in detention in a cell on Asadabad Base. 3. Defendant David A. Passaro interrogated Abdul Wali about the rocket attacks on June 19, 2003 and June 20, 2003. During these interrogations, Defendant David A. Passaro beat Abdul Wali, using his hands and feet, and a large flashlight. Abdul Wall died in a cell on Asadabad Base on June 2i, 2003. Ceroa05- DOJCRIM-000100 COUNT ONE The General Allegations section of this Indictment is incorporated herein, as if set out in full in this count. On or about June 19, 2003, at a place in the special maritime and territorial jurisdiction of the United States, as provided by Title 18, United States Code, Section 7(9)(A), namely, at a United States Army base near the town of Asadabad, in Kunar Province, Afghanistan, and outside the jurisdiction of any particular State or district, with the defendant's last known address being in North Carolina, in the Eastern District of North Carolina, as provided by Title 18, United States Code, Section 3238, the defendant David A. Passaro, being a national of the United States, did willfully, knowingly and intentionally assault Abdul Wali with a dangerous weapon, namely, a flashlight, with intent to do bodily harm to Abdul Wali; all in violation of Title 18, United States Code, Section 113(a)(3). COUNT TWO The General Allegations section of this Indictment is incorporated herein, as if set out in full in this count. On or about June 19, 2003, at a place in the special maritime and territorial jurisdiction of the United States, as provided by Title 18, United States Code, Section 7(9)(A), namely, at a United States Army base near the town of Asadabad, in Kunar Province, Afghanistan, and outside the jurisdiction of any particular State or district, with the defendant's last known address being in Lillington, North Carolina, in the Eastern District ofNorth Carolina, as provided by Title 18, United States Code, Section 3238, the defendant David A. Passaro, being a national of the United States, did knowingly, and intentionally assault Abdul Wali, and such assault resulted in serious bodily injury to Abdul Wali; all in violation ofTitle 18, Untied States Code, Section 1 13(a)(6). DOJCRIM-000101 COUNT THREE , The General Allegations section of this Indictment is incorporated herein as if set out in full in this count. On or about June 20, 2003, at a place in the special maritime and territorial jurisdiction of the United States, as provided by Title 18, United States Code, Section 7(9)(A), namely at a United States Army base near the town of Asadabad, in Kunar Province, Afghanistan, and outside the jurisdiction of any particular State or district, with the defendant's last known address being in Lillington, North Carolina, in the Eastern District of North Carolina., as provided by Title 18, United States Code, Section 3238, the defendant David A. Passaro, being a national of the United States, did willfully, knowingly, and intentionally assault Abdul Wali with a dangerous weapon, namely, a flashlight, with intent to do bodily harm to Abdul Wali; all in violation of Title 18, United States Code, Section 113(a)(3). COUNT FOUR The General Allegations section of this Indictment is incorporated herein, as if set out in full in this count. On or about June 20, 2003, at a place in the special maritime and territorial jurisdiction of the United States, as provided by Title 18, United States Code, Section 7(9)(A), namely at a United States Army base near the town of Asadabad, in Kunar Province, Afghanistan, and outside the jurisdiction of any particular State or district, with the defendant's last know -n address being in Lillington, North Carolina, in the Eastern District of North Carolina, as provided by Title 18, United States Code, Section 3238, the defendant David A. Passaro, being a national of the United. States, DOJCRIM-000102 did knowingly, and intentionally assault Abdul Wali, and such assault resulted in serious bodily injury to Abdul Wali; all in violation of Title 18, Untied States Code, Section 113(a)(6). A TRUE BILL FOREPERSON DATE FRANK D. WHITNEY United States Attorney BY: JAMES A. CANDELMO Assistant United States Attorney BY: MICHAEL P. SULLIVAN Special Assistant United States Attorney DOJCRIM-000103