Reading this, it would seem that Blackwater has a reasonable defense. Not so, say the families of the four men and their lawyers. They do not deny that the men were aware of the risks they were taking, but they charge that Blackwater knowingly refused to provide guaranteed safeguards, among them: They would have armored vehicles; there would be three men in each vehicle--a driver, a navigator and a rear gunner; and the rear gunner would be armed with a heavy automatic weapon, such as a "SAW Mach 46," which can fire up to 850 rounds per minute, allowing the gunner to fight off any attacks from the rear. "None of that was true," says attorney Callahan. Instead, each vehicle had only two men and far less powerful "Mach 4" guns, which they had not even had a chance to test out. "Without the big gun, without the third man, without the armored vehicle, they were sitting ducks," says Callahan.

The men got lost on the evening of March 30 and eventually found a Marine base near Falluja where they slept for a few hours. "Scotty had tried to call me in the middle of the night," Katy Helvenston remembers. "I had my bedroom phone ringer turned off--I didn't get the call, so he left me a message. It mostly was, 'Mom, please don't worry, I'm OK. I'm gonna be home soon and I'm gonna see ya. We're gonna go have fun. I'm gonna take care of you.' You know, just stuff like that, which obviously wasn't true. By the time I got the message he'd already been killed."

Shortly after Helvenston left that message, the men left the base and set out for their destination. Without a detailed map, they took the most direct route, through the center of Falluja. According to Callahan, there was a safer alternative route that went around the city, which the men were unaware of because of Blackwater's failure to conduct a "risk assessment" before the trip, as mandated by the contract. The suit alleges that the four men should have had a chance to gather intelligence and familiarize themselves with the dangerous routes they would be traveling. This was not done, according to Miles, "so as to pad Blackwater's bottom line" and to impress ESS with Blackwater's efficiency in order to win more contracts. The suit also alleges that McQuown "intentionally refused to allow the Blackwater security contractors to conduct" ride-alongs with the teams they were replacing from Control Risk Group. (In fact, the suit contends that Blackwater "fabricated critical documents" and "created" a pre-trip risk assessment "after this deadly ambush occurred.")

The men entered Falluja with Helvenston and Teague in one vehicle and Zovko and Batalona in the other. "Since the team was driving without a rear-gunner and did not have armored vehicles, the insurgents were able to literally walk up behind the vehicles and shoot all four men with small arms at close range," the suit alleges. "Their bodies were pulled into the streets, burned and their charred remains were beaten and dismembered." The men, it goes on, "would be alive today" had Blackwater not forced them--under threat of being fired--to go unprepared on that mission. "The fact that these four Americans found themselves located in the high-risk, war-torn City of Fallujah without armored vehicles, automatic weapons, and fewer than the minimum number of team members was no accident," the suit alleges. "Instead, this team was sent out without the required equipment and personnel by those in charge at Blackwater."

After the killings, Katy Helvenston joined the families of Mike Teague, Jerko Zovko and Wesley Batalona in grieving and in seeking details about the incident. Blackwater founder Erik Prince personally delivered money to some of the families for funeral expenses, and the company moved to get the men's wives and children benefits under the government's Defense Base Act, which in some cases insures those on contract supporting US military operations abroad.

But then things started to get strange. Blackwater held a memorial service for the men at its compound. The families were gathered in a conference room, where they thought they would be told how the men had died. The Zovko family asked Blackwater to see the "After Action Report" detailing the incident. "We were actually told," recalls Zovko's mother, Danica, "that if we wanted to see the paperwork of how my son and his co-workers were killed that we'd have to sue them."

Thus began the legal battle between Blackwater and the dead men's families. In one of its few statements on the suit, Blackwater spokesperson Chris Bertelli said, "Blackwater hopes that the honor and dignity of our fallen comrades are not diminished by the use of the legal process." Katy Helvenston calls that "total BS in my opinion," and says that the families decided to sue only after being stonewalled, misled and lied to by the company. "Blackwater seems to understand money. That's the only thing they understand," she says. "They have no values, they have no morals. They're whores. They're the whores of war."

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