Court documents claimed alcoholic beverages or containers were found at the scene of the crash. But state prosecutors say it does. Soules previously asked a judge to dismiss the case but the judge declined last month and Soules appealed.
Subscribe to Deadline Breaking News Alerts and keep your inbox happy. All Rights reserved. Powered by WordPress. Close the menu. Film Expand the sub-menu. The fight to rescue the team in the alley was just the beginning. Within hours, many of the soldiers involved were back battling on the streets of Sadr City to retake the police stations that had been seized. They would go on to fight this new insurgency for 80 straight days, and then after a brief respite, would endure another Staff Sgt.
Robert Miltenberger was also awarded the third-highest medal for valor because of his actions that night. As part of a rescue mission, he and more than a dozen other soldiers were in the rear of an open-bed LMTV truck. Exposed to the enemy like the proverbial fish in a barrel, Miltenberger was credited with saving the lives of three soldiers while treating many other wounded. For soldiers of the battalion, it was moment that would define the days to follow.
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As we took off from the Da Nang air base, we saw incoming rockets. Flying over Nha Trang shortly after midnight, we could see fires blazing. We heard about the attacks through radio contact with ground control. But at a. A couple of rounds pinged off the hood of the jeep. I killed the lights and reversed out of range.
We returned to the ABC bureau to wait for first light. As dawn was breaking around 6 a. As we approached the compound, we could hear heavy firing, and green and red tracers cut into the pink sky. Near the embassy, I joined a group of U. Green-colored VC tracer bullets were coming from the embassy compound and the upper floor of buildings across the street.
Red tracers stitched back across the street. We were in the cross-fire. Peter had been covering the war for more than five years and had picked up a Pulitzer Prize for his reporting. Arnett was a prolific, competitive and fair journalist, often filing more than a dozen stories for the AP every week. In spite of his later problems at CNN that would bring into question his credibility as a reporter of Vietnam-related stories, I believe his eight years of daily reporting from Vietnam are without par in the annals of war correspondence.
But we knew it was the big story. Arnett and other AP staffers had been the first to alert the world of the attack on the U. Simultaneously, a suicide squad of guerrilla commandos infiltrated the capital and at least three are reported to have entered the grounds of the new U. Embassy near the heart of the city.
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Marine guards at the Embassy, opened only late last year, engaged the infiltrators in an exchange of fire. Several MPs rushed by, one of them carrying a VC sapper piggyback style. The VC was wounded and bleeding. He wore black pajamas and, strangely, an enormous red ruby ring. I interviewed the MPs and recorded their radio conversation with colleagues inside the embassy gates.
The MPs believed the VC were in the chancery building itself, an impression that later proved false. Military Police on the scene said it was believed about 20 Vietcong suicide commandos were in the Embassy and held part of the first floor of the Embassy building. The question of whether the VC were in the chancery building or only in the compound took on symbolic importance. I have replayed the tape of that day in , and there is no doubt the MPs believed the VC were in the chancery.
A helicopter landed on the embassy roof, and troops started working down the floors. MP Dave Lamborn got orders on the field radio from an officer inside the compound: This is Waco, roger. Can you get in the gate now? Take a force in there and clean out the embassy, like now. There will be choppers on the roof and troops working down. As we prepared to join the MPs rushing the gate, I had other concerns.
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OK, how much film have we got left? I shouted to cameraman Peter Leydon. There was no time to argue about whose responsibility it was to have brought more film. I stepped over the United States seal, which had been blasted off the embassy wall near a side entrance.
We rushed through the main gate into the garden, where a bloody battle had been raging. As helicopters continued to land troops on the roof, we hunkered down on the grass with a group of MPs. They were firing into a small villa on the embassy grounds where they said the VC were making a last stand. Tear gas canisters were blasted through the windows, but the gas drifted back through the garden.
Colonel George Jacobson, the U. An MP threw him a gas mask and a. Three VC were believed to be on the first floor and would likely be driven upstairs by the tear gas. It was high drama, but our ABC News camera rolled film on it sparingly. I continued to describe everything I saw into a tape recorder, often choking on the tear gas.
I could read the embassy ID card in the wallet of Nguyen Van De, whose bloody body was sprawled beside me on the lawn. Nguyen was later identified as an embassy driver who often chauffeured the American ambassador and who had been a driver for 16 years. The MPs told me Nguyen Van De had shot at them during the early fighting and was probably the inside man for the attackers. Amid the tension, I was distracted by a big frog hopping and splashing through pools of thick blood on the lawn. It was one of those images that never gets properly filed away and keeps coming back at odd times.
A long burst of automatic-weapons fire snapped me back to reality. The last VC still in action rushed up the stairs firing blindly at Colonel Jacobson, but he missed. The colonel later told me: We both saw each other at the same time. He missed me, and I fired one shot at him point-blank with the.
Jacobson later admitted that his Saigon girlfriend had been with him at the time and witnessed the entire drama from beneath the sheets of their bed. The death toll from the embassy battle stood at five American soldiers killed along with 17 of the 19 sappers. The two surviving but wounded sappers were later questioned and turned over to the ARVN.
On the last 30 feet of film, I recorded my closing remarks in the embassy garden: Since the lunar New Year, the Viet Cong and North Vietnamese have proved they are capable of bold and impressive military moves that Americans here never dreamed could be achieved.
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Whether they can sustain this onslaught for long remains to be seen. But whatever turn the war now takes, the capture of the U. Embassy here for almost seven hours is a psychological victory that will rally and inspire the Viet Cong.
A rush to judgment before all pieces of the puzzle were in place? But there was no time to appoint a committee to study the story. I was on an hourly deadline, and ABC expected the story as well as some perspective even in those early hours of the offensive — a first rough draft of history. My on-the-scene analysis never made it on ABC News. Worried about editorializing by a correspondent on a sensitive story, someone at ABC headquarters in New York killed the on-camera closer. Ironically, the closer and other outtakes ended up in the Simon Grinberg film library, where they were later found and used by film director Peter Davis in his Academy Award—winning movie Hearts and Minds.
The film from all three networks took off from Saigon on a special military flight about noon. When it arrived in Tokyo for processing, it caused a mad, competitive scramble to get a cut film story on satellite for the 7 p. EST news programs in the States. NBC and CBS missed the deadline and had to run catch-up specials on the embassy attack later in the evening. Meanwhile, at a.