United States v. Staff Sergeant Walter Griffen

On April 4, 1967, soldiers were stationed in Vietnam when they found and captured a man later discovered to be affiliated with Viet Cong. The soldiers also found two natives, one in a bunker and the other believed to also be a member of Viet Cong sent to observe their location. A soldier was injured while opening fire and launching grenades into the bunkers. Air evacuation was requested and granted for the injured soldier. However, Captain Ogg ordered Lieutenant Patrick, as the leader of the platoon, to kill the captured prisoner. The order was given to Staff Sergeant Walter Griffen (defendant) to carry out. The prisoner’s hands were bound behind him, and the prisoner was compliant and unarmed; however, he was killed by Griffen and another soldier with close-range rifles. Griffen admitted to killing the prisoner, claiming that he was obeying Patrick’s orders and ensuring the soldiers’ safety. Griffen asserted the defense of obedience of orders. Griffen claimed that he was following orders in good faith, had no prior convictions over eight years of service, acted in a time of battle with limited opportunity for consideration of the implications of his actions, and was remorseful when testifying in the trial of another accused arising out of the same incident. Griffen was found guilty of unpremeditated murder. The two other officers charged along with Griffen were acquitted, and two similarly charged soldiers received reduced sentences. Griffen appealed.