November 21, 2012. For Immediate Release. Contact: Elizabeth OuYang, President, OCA-NY (718) 650-1960
Staff Sergeant Andrew Van Bockel, the "ring-leader" who ordered lower-ranking superiors to haze Private Danny Chen was found guilty of hazing, maltreatment, and dereliction of duty by a military jury in Fort Bragg, North Carolina. The jury deliberated for six and a half hours yesterday and today
he was sentenced only to a reprimand, reduction in rank two levels to an E-4 and 60 days of hard labor, of which he was credited 45 days for one month pre-trial confinement. Sergeant Van Bockel testified he ordered Danny to low crawl over 100 meters of rocks for failing to put on his helmet before he entered guard duty and watched while specialists lobbed rocks at him. Sergeant Van Bockel called him "Dragon Lady" and "Fortune Cookie" and ordered him to give instructions in Chinese in front of the entire platoon. Others testified he intentionally ordered Danny to call Specialists by his first name knowing he would be punished for that. He also allowed Danny to be punished for graffiti in the guard tower that he knew Danny did not do. He also failed to prevent other superiors from using racial epithets, throwing rocks, kicking, striking and dragging Private Danny Chen and forcing Danny to low crawl and do pushups with a mouthful of water.
The defense argued Sgt. Van Bockel's actions and orders were proper corrective training. "What Staff Sergeant Van Bockel did and allowed to happen to Private Chen was not corrective training, it was torture. He not only fostered a climate of unrelenting and escalating hazing that ultimately cost Danny his life, he instigated the hazing. His light sentence indicates Danny and other victims of hazing can not get justice through the military court system and places a higher priority on protecting rank and file than stated army values of respect and integrity. Had Sergeant Van Bockel done his duty to stop what he and lower-ranking superiors were doing, Danny would be alive today. This light sentence will be a major deterrent for Asian Americans to enlist in the Army," stated Elizabeth OuYang, OCA-NY President.
Van Bockel is the 7th superior to be convicted in connection with the death of Private Danny Chen. Since the negligent homicide charge was dropped, the 7 superiors have been convicted of lesser offenses ranging from assault, racial maltreatment, hazing, and dereliction of duty.
The sentences for the other six convicted superiors include a range of multiple punishments from jail time, discharge for bad conduct, forced labor, reduction in rank, reprimand, and fines. All have been reduced at least one level, two have been discharged for bad conduct and four have been sentenced to jail (longest jail sentence was 6 months). The higher ranking officers who were aware or should have aware of the abuse and could have stopped it have received the lightest punishment. Platoon Sergeant Dugas, the 2nd in command received a 3-month jail sentence but did not have to serve jail time because the judge found he had his gun taken away from him prior to being convicted. Sergeant Jeffrey Hurst, the team leader under Staff Sergeant Van Bockel was sentenced to 45 days hard labor and a reprimand.
Representing the faces of Danny Chen in the courtroom include: Mr. and Mrs. Su Zhen and Yan Tao Chen-parents of Private Danny Chen, Zhan Qiu Chen-Danny's uncle, Lucy Chen and Danny's aunts; Elizabeth OuYang, President of OCA-NY; Rose Eng, OCA-NY Board Member and travel agent; Kendall Kosai, OCA Civil Rights Fellow (Washington, D.C.); Jason Hata, JACL AARP Mineta Fellow (Washington, D.C.); Ki Chan, financial manager; Pak Wong, Chinatown Head Start administrator; Sharon De La Cruz, visual artist; Mansee Kong and Michael Wood, independent film makers; Julia Chung, Vassar College Senior; Crystal Chen, Wheaton College (Massachusetts); Diana Tung, non-profit project manager; Tricia Sung- President of OCA-Georgia, Alfred Yin -past President of OCA-Georgia, Woo Yi Yin -OCA-Georgia board member; Gary Guan, President, Asian American Media Group (Atlanta,GA); and representatives of the Fayetteville Chinese Association.