While a lawsuit is set to go to trial today involving the fatal shooting of a Green Beret trainee by a Moore County lawman, local officers say communication has come a long way since 2002 when the Army exercise ended in tragedy.

Richmond County also plays host to Robin Sage exercises, and works closely with the program to ensure an incident, like the one in 2002, doesn’t happen said Major James Clemmons with the Richmond County Sheriff’s Office.

“Communication has been really great since the incident in Moore County,” Clemmons said. “We all go above and beyond to ensure that.”

Both parties have filed lawsuits following the incident in which Moore County Sheriff’s deputy Randall Butler shot two Special Forces trainees during a traffic stop. Part of the lawsuit filed by the soldiers adds that the Moore County Sheriff and the Sheriff’s Office negligently failed to inform and instruct the deputies in the office about the exercise, according to reports from the Fayetteville Observer.

According to reports, Stephen Phelps, an Army sergeant at the time, and Tallas Tomeny, a First Lieutenant, were stopped by Butler while riding in the back of a pick-up truck on Acorn Ridge Road in Moore County during the exercise.

Both parties’ version of the story vary, but according to the narrative provided in Butler’s lawsuit which was filed in 2005, it said he had stopped the vehicle and asked the driver, a civilian in the exercise, to wait in the patrol car while he spoke to the two men and conducted a search.

During the search he found two machine guns in Tomeny’s bag.

According to the events in Butler’s suit, he tossed the bag aside and Tomeny lunged at him and screamed to Phelps, “He’s got a gun. Shoot him, shoot him.”

Deputy Butler shot Phelps first, who appeared to be reaching for the guns he tossed aside. Than, after a short struggle, he shot Tomeny who failed to heed to his orders to back down and appeared to be reaching for a gun.

Phelps would recover from his wounds, but Tomeny would not.

Butler was unaware of the exercise, according to his lawsuit.

According to the lawsuit, filed in 2004 by Phelps and the Tomeny estate, the deputy had no prior provocation and acted recklessly.

The soldiers thought he was part of the exercise.

In addition, the soldier’s story alleges that Tomeny was pepper-sprayed by Butler and shot first. Phelps was shot second as he tried to run for cover.

The Robin Sage training program has been active since the 1950s and is the last training exercise for soldiers before they make the step into becoming part of the Special Forces.

The exercise in Richmond County, sometimes held in Ellerbe, is one of several in the state and according to Clemmons. It takes place mostly in wooded areas on private land to ensure little public interaction.

“Before Robin Sage takes place now, a representative comes to the Sheriff’s Office in person to talk with us,” Clemmons said. “They help to make sure everyone knows what they’re doing.”

Clemmons added that the soldiers participating in Robin Sage now wear identifying clothing and patches to alert deputies and other law enforcement officers of who they are during the training scenario.

“They go above and beyond with law enforcement to let officers know what’s going on,” Clemmons said. “There has never been an incident here and we’ve worked in close proximity to the program for a while.”

Likewise, when Robin Sage is active around Ellerbe, the Sheriff’s Office works with residents who may have questions about what is happening during the exercises or if they have complaints of suspicious activity.

“If the public calls it in, we’ll still respond,” Clemmons said.

According to Clemmons, they’ll let them know that there is a training exercise being conducted, but will still make sure to send deputies to the scene.

“They (Robin Sage participants) have been professional and on-point,” Clemmons said.

The lawsuit filed by Phelps and Tomeny’s estate, will be heard by the U.S. District Court in Greensboro.

According to the Fayetteville Observer, court documents say that they are seeking unspecified damages for pain and suffering, lost income, funeral costs and court costs. They also are seeking punitive damages against Butler for his alleged “reckless indifference and callous disregard for the clearly defined rights” of the plaintiffs.

In Butler’ suit, he contends that the Army was negligent by not informing the Sheriff’s Office about the training and failure to inform the exercise participants on how to interact with law enforcement.

Staff writer Bryan Stewart can be reached at (910) 997-3111 ext. 15, or by e-mail at bstewart@yourdailyjournal.com