Ghost driver trials: trials against US soldiers – what’s so special about them

In early May, three teenage girls were traveling by car on Autobahn 60 in the Eifel at night. Suddenly a wrong-way driver came towards them – there was a head-on collision. The 23-year-old driver died and his two passengers, who were 24 at the time, suffered serious injuries.

The trial of the suspect who caused the accident will begin at the regional court on Tuesday (18/11). Trier. The defendant was a US soldier stationed at Spangdahlem Air Base in the Bitburg-Prüm district of the Eifel region. The 24-year-old man was charged with negligent homicide and negligent bodily harm.

Is this trial unusual in German courts?

Yes, this is a special case. Because, Germany actually handed over investigations of US soldiers to the US military justice system. This is what is regulated in the additional agreement to the NATO Forces Statute. If this remains the case, the trial will be heard at the military court at Spangdahlem Air Base.

The Trier prosecutor’s office took a different decision here: The case remained in the hands of German investigators to allow the three German victims and their relatives to participate in criminal proceedings. US military criminal law does not provide for additional charges.

How often does Germany carry out investigations against itself?

“It’s rare,” senior public prosecutor Peter Fritzen in Trier told the German Press Agency. He is not aware of any such cases in the Trier prosecutor’s office in recent decades. However, this is not the first time that German courts have revoked the privilege of exercising jurisdiction and initiating criminal proceedings against members of NATO military forces.

Are injured victims and their families involved in the process?

Five plaintiffs were accepted at trial. These include two women who were seriously injured in a crash on the evening of May 3 near Landscheid in the Bernkastel-Wittlich district. The other plaintiffs are the families of those killed, a court spokesman said. There are two more dates for the trial: November 26 and December 3.

Because of its special importance, the prosecutor’s office brought the case to the regional court and not to the district court.

Why is the accused not detained in Germany?

According to the indictment, the American was driving his SUV in the wrong direction on the highway and collided with the woman’s car at high speed. He had 1.4 per mile of alcohol in his blood.

An arrest warrant was issued for the man. He is currently being held by US armed forces in Spangdahlem in accordance with the provisions of the NATO Statute of Forces supplementary agreement. From there, the court said, he would be taken to Trier for his trial.

If there is an unsuspended prison sentence, it will be carried out by a German court, said public prosecutor Trier Fritzen.

What was the last case submitted to a US military court?

Last year, a case involving a US soldier in Wittlich sparked discussions about additional agreements to NATO’s Statute of Forces. In August 2023, a 28-year-old man was stabbed to death at the Säubrennerkirmes in Wittlich.

A 26-year-old US soldier accused of murder was acquitted by a military court at Spangdahlem Air Base in mid-October 2024. German authorities have dropped the investigation. The US judge did not consider the defendant’s confession to German authorities usable.

© dpa-infocom, dpa:251116-930-298396/1