Pilots could face friendly fire charges

WASHINGTON (CNN) -- A joint U.S.-Canadian investigation into an April friendly fire incident that killed four Canadian soldiers in Afghanistan is expected to recommend a hearing that could lead to criminal charges against the two Air National Guard pilots involved, U.S. military sources said Wednesday.

One of the pilots is a former Navy "Top Gun" instructor, Navy officials said.

A report from investigators is under review at the U.S. Central Command and scheduled for release in the next few days, the sources said.

The sources said it recommends an Article 32 hearing, a military procedure similar to a civilian grand jury proceeding. It could result in a number of courses of action, including a variety of charges, the sources said.

Four Canadian soldiers were killed and eight injured when Maj. Harry Schmidt of the Illinois Air National Guard dropped a 500-pound bomb on their live fire training exercise near Kandahar, mistakenly believing the Canadians were enemy forces.

Schmidt and another pilot were flying two F-16s over the region during a routine nighttime patrol on April 18 when Schmidt reported ground fire.

The Canadians were operating in an established and marked training area and aircraft were restricted to altitudes above 10,000 feet to avoid any incidents.

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The pilots reportedly requested permission to attack the site where they saw the ground fire, but permission was denied. They were told to "mark" the location for possible attack.

Then Schmidt -- an experienced and decorated former Navy pilot -- reportedly dropped his bomb when he believed again that the ground fire was threatening.

An AWACS aircraft was patrolling overhead, but it is not clear at what point its crew may have informed the F-16 pilots there were friendly forces in the region.

The other puzzle to investigators is why the F-16s did not climb to a higher altitude and await instructions, since the ground fire would then not have been able to reach their aircraft.

Schmidt left the Navy only last December with a rank of lieutenant commander after a career that included wartime experience.

A 1987 graduate of the U.S. Naval Academy, Schmidt flew FA-18s in two fighter squadrons and taught at the elite Naval Fighter Weapons School, more famously known as Top Gun school.

While flying for the Navy, Schmidt earned the Navy and Marine Corps Commendation Medal twice, the Navy Achievement Medal twice and the Air Medal three times.