Fort Hood soldier ‘humiliated’
Lawyer: Death followed report of sexual abuse
BROCKTON, Mass. – Leaders at the U.S. Army’s Fort Hood in Texas created an environment that led to the death of Sgt. Elder Fernandes, who was missing for more than a week before he was found dead Tuesday, his family’s attorney said. Fernandes was hanging from a tree in Temple, Texas, about 28 miles from Fort Hood.
“They don’t know what happened – whether it was suicide or whether murder. But I’m gonna tell you, what they did to him, the blood on their hands, it’s a form of murder,” attorney Natalie Khawam said.
Temple police said foul play is not suspected in his death.
Khawam said that after Fernandes reported in May that he had been inappropriately touched by a male superior, he was transferred, and word spread within the new unit, leading to harassment, belittling, bullying and hazing. “He was humiliated, he was embarrassed, he couldn’t even tell his mom. He didn’t want to tell anyone,” Khawam said Wednesday. “He was afraid. He was ashamed by this.”
Special Agent Damon Phelps of the Army Criminal Investigation Command said the investigation was completed “fairly recently” and Fernandes was made aware of the outcome.
“The subject of the investigation took and passed a polygraph investigation, and we found no witnesses that could corroborate Sgt. Fernandes’ allegations,” Phelps said. “There was a thorough legal review, and the allegations were unsubstantiated.”
Fernandes’ leaders at Fort Hood expressed grief and “heartfelt sympathy” for his family, friends and fellow soldiers Wednesday.
“The chain of command was very much invested in this trooper,” said Lt. Col. Justin Redfern, 553rd Combat Sustainment Support Battalion commander. “It was a person that we felt was exemplary.”
Redfern said staff noticed behavioral changes, without getting into specifics, in mid-March before Fernandes’ allegations of unwanted touching.
Fort Hood takes every report of sexual assault seriously, said 1st Cavalry Division Maj. Gen. Jeffrey Broadwater, and Fernandes’ report was investigated by the U.S. Army Criminal Investigation Command. “We’re concerned about every soldier. That’s the bottom line,” Broadwater said. “We are a team . ... We, as an organization, strive our best each and every day to make sure that we’re taking care of and being the best leaders that we possibly can for our soldiers.”
Fernandes’ aunt Isabel said her nephew was harassed in his new unit.
“According to his friends, since that happened, they kept harassing him,” she said. “The person he accused was following him. They were hazing him, torturing him.”
On Aug. 17, Fort Hood leaders said Fernandes was dropped off at a residence in Killeen, Texas, after a weeklong stay at the Carl R. Darnall Army Medical Center. Isabel Fernandes said her nephew was hospitalized because he felt suicidal, and he promised to call his mother when he was released.
Col. Patrick Disney, commander of the 1st Cavalry Division Sustainment Brigade, said Fernandes was last seen smoking a cigarette outside the residence in Killeen.
Fernandes’ report follows allegations of sexual harassment by Spc. Vanessa Guillen, 20, who went missing from Fort Hood in April and whose body was found dismembered in July. “They’re not dying from terrorism or ISIS, they’re dying from sexual assault and sexual harassment when they report it, because the system is broken,” said Khawam, who represents Guillen’s family.