Soldier jailed over death of best pal
MUM OF SOLDIER SHOT DEAD BY BEST PAL MAKES COURT PLEA
THE family of a soldier accidentally shot dead by his best mate pleaded with a judge not to jail the killer.
Colin Theaker, 30, deliberately pointed the Glock pistol directly at Lance Corporal Scott Hetherington, 22, of Middleton, before pulling the trigger not knowing it was loaded at an Army camp in Iraq.
A court heard L/Cpl Hetherington, nicknamed ‘Snowball,’ said ‘no, no don’t do that’ prior to the shooting at around 4pm on January 2, 2017.
He died from a single fatal wound to the lower chest in what was described to the court as a ‘tragic accident.’
L/Cpl Theaker and L/Cpl Hetherington had been cleaning their service pistols and were stood on their beds playing a game of ‘quick draw’ before the fatal shooting.
The pair, whose relationship was described as ‘brotherly,’ had both been ‘playing around’ with their service pistols while cleaning them prior to the fatal shooting.
But in the process, L/Cpl Theaker had unwittingly made ready his weapon and a round was in the chamber when he pulled the trigger, a court heard.
L/Cpl Hetherington, a vehicle commander in the Force Protection Platoon, became the first British soldier to have been killed in Iraq since 2009.
The pals were on deployment helping train local soldiers fight Islamic State militants at the time of the fatal shooting in the living accommodation pod they shared together.
L/Cpl Theaker, who was part of a detachment from 2nd Battalion The Duke of Lancaster’s Regiment (2 LANCS) based at Camp Taji, pleaded guilty to manslaughter by gross negligence last month.
He has now been jailed for three years after being sentenced at Catterick Garrison court martial centre and dismissed from her Majesty’s service.
L/Cpl Hetherington’s partner, Savannah Brown, had only given birth to their daughter SafayaRose three months before the fatal shooting.
He was buried with full military honours in his hometown three weeks after his death.
In an emotional victim statement, L/Cpl Hetherington’s sister Sian told the court: “After I was told he died I was heartbroken. When I found out it was Colin I was even more heartbroken. Myself and Scott are siblings but I believe him and Colin are siblings. Him being sentenced is the worst thing that could happen to our family. If he was to be sentenced that’s not justice for me, Scott or his family.”
In a statement read out to court, L/Cpl Hetherington’s mother, Anne Hetherington, added: “He [Theaker] made the biggest mistake you can make and he will pay for the rest of his life. He doesn’t need to go to prison.
“I don’t wish any criminal charges to be brought against him, it was an accident with no malice.”
Ben Knight, mitigating, said L/ Cpl Theaker has since been diagnosed with PTSD but said it was an ‘exceptional case’ given the positive relationship with the victim’s family.
Passing sentence, Vice Judge Advocate General of the Armed Forces, Michael Hunter, presiding with a three-person military board, said: “We have heard evidence in the course of this trial and have concluded Hetherington himself expressed what could only have been a warning before you shot him dead.
“It has been contended by your counsel that the weapons training in the services is inadequate and that you were inadequately trained.
“While there is no evidence before us to substantiate this the military members of the board hope this is unfounded.” He added: “You are very fortunate to have the support of Hetherington family. Their actions on your behalf can only be described as truly noble and generous, something that is not very often seen in courts of law of cases of this nature.”