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Charged My Lai Participant
Staff Sergeant, Charlie Company, 1st Battalion, 20th Infantry Regiment
David Mitchell was a Staff Sergeant in Charlie Company who participated in the My Lai massacre on March 16, 1968. He was one of the few soldiers besides Lieutenant William Calley to face court-martial for the atrocity. Witnesses testified that Mitchell fired into groups of unarmed Vietnamese civilians at a drainage ditch where between 70 and 170 villagers were executed. Despite eyewitness testimony from fellow soldiers and Vietnamese survivors identifying him as a shooter at the ditch, Mitchell was acquitted by a military jury in November 1970. His acquittal, along with most other My Lai defendants, demonstrated the military justice system's reluctance to hold enlisted soldiers accountable for following what they claimed were orders from superior officers. The pattern of acquittals meant that only Lieutenant Calley was ever convicted for the massacre of over 500 civilians.
Participation in the My Lai Massacre: Mitchell participated in the mass killing of unarmed Vietnamese civilians at My Lai on March 16, 1968. Eyewitnesses testified he fired into groups of villagers at the drainage ditch where dozens to hundreds of civilians were executed.
Court-Martial and Acquittal: Mitchell was tried by court-martial for assault with intent to murder approximately 30 Vietnamese civilians at the ditch. Despite testimony from multiple eyewitnesses placing him as an active shooter, the military jury acquitted him in November 1970.
Firing at the Drainage Ditch: Multiple witnesses testified that Mitchell was among the soldiers who fired M16 rifles into groups of unarmed civilians herded into a drainage ditch on the eastern edge of My Lai. The ditch killing was one of the most concentrated acts of mass murder during the operation.
Claims of Following Orders Defense: Mitchell's defense centered on the claim that soldiers were following orders from superior officers, particularly Captain Ernest Medina and Lieutenant William Calley. This defense proved effective with the military jury despite the principle that orders to commit war crimes are unlawful.
Peers Commission Testimony: Mitchell was identified in the Peers Commission investigation as one of the primary participants in the massacre. The commission, led by Lieutenant General William Peers, recommended his prosecution along with dozens of other soldiers and officers.
Witness Testimony Against Him: Several fellow soldiers testified that they saw Mitchell firing at civilians. Vietnamese survivors who were wounded but survived the ditch killings also provided testimony identifying American soldiers at the scene.
1 documented violations
UCMJ Article 134 - Assault with Intent to MurderPlatoon leader who ordered the killings and only person convicted for My Lai
Charlie Company commander who gave the pre-operation briefing
Fellow Charlie Company soldier who testified about the massacre on CBS
Helicopter pilot who intervened to stop the massacre
5 documented sources from official records, investigations, and reports
March 16, 1968
Participated in Charlie Company's assault on My Lai hamlet, firing at unarmed civilians at the drainage ditch
March 1968 - November 1969
Massacre concealed by military chain of command through falsified reports and suppression of evidence
November 1969
My Lai massacre publicly exposed by journalist Seymour Hersh, leading to investigations
1970
Identified by the Peers Commission as a primary participant and recommended for prosecution
1970
Charged with assault with intent to murder approximately 30 Vietnamese civilians
November 1970
Acquitted by military court-martial jury despite eyewitness testimony placing him at the ditch