Latchum widow can't sue government, judge rules
By David Waite
Advertiser Staff Writer
The widow of an Army helicopter pilot who was killed in June 1998 while vacationing with his family at an Army rest camp in Wai'anae can't sue the Army or the federal government because the man's death was incidental to his government service, a federal judge ruled yesterday.
U.S. District Judge Susan Oki Mollway said she had no choice but to throw out an $8 million lawsuit brought by Wendy Latchum and her two children who claimed officials did not warn them that there had been dozens of burglaries at the Wai'anae Army Recreation Center in the months prior to the Latchums' stay.
The Latchum family also contended that security at the recreation center was lax because no fences separated the cabins from the beach, and the cabins had no telephones. Army pilot John Latchum Jr. was shot through the heart moments after he stepped onto the porch with his wife to chase away a group of young men the couple thought was trying to break in.
Mollway dismissed the family's lawsuit yesterday based on a 50-year-old U.S. Supreme Court decision, known as the Feres Doctrine, that says members of the military and their families cannot sue the service member's commanding officers or the government for injuries or deaths that occur as part of military service.
Michael Formby, who represents the Latchum family, said the family's lawsuit hinged on a definition of "incident to service." He said the Feres Doctrine, when drafted, pertained to soldiers during times of combat.
Army lawyers argued that Latchum and his family were allowed to stay at the recreation center only because he was a soldier on active duty and that Army officers made decisions about the camp's operation, including security.
Formby said he plans to appeal.
In the criminal case, Roberto Miguel was convicted of murder for firing the fatal shot and is serving a life term in federal prison. Bryson Jose, also convicted of murder, is awaiting sentencing. Keala Leong pleaded guilty to attempted burglary and is serving a 10-year sentence.
