A US District Court judge has thrown out charges of piracy against a gang of six Somali men in an attack on the U.S. Navy vessel, USS Ashland this year.

The U.S. Navy ship was attacked off the Horn of Africa in April.  The six were accused of opening fire on the vessel from a small stiff.  The Navy vessel returned fire.  One of the men was killed, and the stiff sank.  All six men in the boat were captured.

Their lawyers argued that their actions did not amount to piracy, because they did not board the vessel, did not take control of the vessel and did not take anything of value from the vessel.  Last week, Judge Raymond Jackson of the US District Court for the Eastern District of Virginia, agreed with the defense lawyers.  If the piracy charge had stuck, it would have resulted in a mandatory sentence of life in prison.

Although the piracy charges have been thrown out, the six continue to face charges of attacking to plunder the vessel, assault with a dangerous weapon on US officers and employees, and acts of violence against people on the vessel.  The men had early been indicted by a federal grand jury on charges of attack to plunder a vessel, piracy, assault with a dangerous weapon, and conspiracy to use firearms during a crime of violence.

The dismissal of the piracy charges should encourage a group of 5 other Somali men who are accused of mounting an attack on the USS Nicholas on 31 March.  These men are also seeking a dismissal of the piracy charges.

Maritime lawyer Brian Beckcom is a Board-Certified Trial Lawyer whose primary focus is the representation of Jones Act seamen, including tankermen,  galley hands, deckhands, cruise line crews, fishing vessel crew members, offshore workers and other maritime workers in accidents in Texas, across the country and international waters.

Image Courtesy: Flickr – kainr