A Fort Hood soldier who reported being sexually abused and then went missing has been found dead hanging from a tree, his family's lawyer says
Sgt. Elder Fernandes, a 23-year-old Fort Hood soldier, was found dead on Tuesday, his family's lawyer, Natalie Khawam, told The Boston Globe.
Fernandes had accused a male superior officer of sexually assaulting him in April but was harassed for doing so, his mother told The Globe.
He was hospitalized on August 11 and was last seen by a staff sergeant who drove him home on August 17. His family said they didn't know why he was in the hospital to begin with.
"I just can't go back to Boston without my son. I need answers," his mother, Ailina Fernandes, told The Globe.
At a news conference on Wednesday, Special Agent Damon Phelps of the Army Criminal Investigation Command said, "There was a thorough legal review, and the allegations were unsubstantiated."
A 23-year-old Fort Hood soldier who had reported being sexually abused and went missing more than a week ago was found dead on Tuesday evening.
Natalie Khawam, the lawyer for Sgt. Elder Fernandes' family, told The Boston Globe that his body was found hanging from a tree about 25 miles from the Army base in Killeen, Texas.
A person walking by a railroad track in Temple came across Fernandes' body, and investigators identified him with his driver's license found in a black backpack nearby, Khawam said.
"Our worst nightmare has happened," Khawam said in a statement to The Globe. "One of our own, Sergeant Elder Fernandes has been found dead today. We are sickened by this tragedy that has happened one too many times. We are heartbroken for Elder Fernandes's family."
The Temple Police Department is investigating Fernandes' death because of where his body was found. The agency said in a statement that there was "no indication of foul play" but that an autopsy had been ordered and that the investigation is ongoing.
"They don't know what happened — whether it was suicide or whether murder," Khawam said, per The Enterprise. "But I'm gonna tell you, what they did to him, the blood on their hands, it's a form of murder."
Fernandes was discharged from the Carl R. Darnall Army Medical Center on August 17 and given a ride to a residence in Killeen, Texas, by his staff sergeant, KWKT-TV reported, citing Fernandes' family and the Killeen Police Department. His family said they didn't know why he was in the hospital.
He didn't show up to work on August 18 and was reported missing. Fernandes' car was found in his unit's parking lot, Fort Hood said in a press release.
Fort Hood
'I can't resume my life not knowing'
Fernandes' mother, Ailina Fernandes, told The Globe that when she flew to Texas last week, she was unaware that her son had accused a male superior officer of groping him in a supply closet in April, or that reporting this resulted in him being harassed and bullied.
She also said she didn't know that he had become suicidal or that he had been transferred to another unit because of safety concerns.
"He was humiliated, he was embarrassed, he couldn't even tell his mom. He didn't want to tell anyone," Khawam said, according to The Enterprise. "He was afraid. He was ashamed by this."
Ailina Fernandes told The Globe that her son had been tight-lipped on the phone, saying only that he wanted to "clear his mind." She said he told her that he would call her after being discharged from the hospital, but she didn't hear from him again.
"I just can't go back to Boston without my son," Ailina Fernandes told the newspaper. "I need answers. I can't resume my life not knowing."
Elder Fernandes is not the only soldier who has been reported missing from Fort Hood. The nonprofit Missing People in America said that nine others had vanished in 2020 alone.
Pfc. Vanessa Guillen's disappearance and death made headlines earlier this year. Her family said she was sexually abused. Fort Hood denied the allegation, saying there was no "credible information" to back it.
The Army denied any link between his disappearance and a sexual-abuse investigation
Lt. Col. Chris Brautigam, a 1st Cavalry Division spokesman, told NBC News over the weekend about "an open investigation of abusive sexual contact involving Sgt. Fernandes."
"The unit sexual assault response coordinator has been working closely with Sgt. Fernandes, ensuring he was aware of all his reporting, care, and victim advocacy options," he added.
However, Fort Hood said in a statement on Saturday that Fernandes "left on his own accord" and that there was "no connection between the disappearance of Sgt. Fernandes and any other ongoing cases at Fort Hood."
Ailina Fernandes said she didn't believe this.
"Elder is a lovely family boy, he wouldn't run away without letting us know where he is at," she told The Globe on Tuesday, adding, "If the Army drove Elder that crazy to make Elder do something like that, then shame on them, because that is not the Elder I know."
The Globe said the military was denying Ailina Fernandes information about her son's hospitalization because of health-privacy laws. But Khawam, who also represented Guillen's family, is demanding answers.
"People have to be held accountable for what they've done here," Khawam said. "Enough is enough. These families all need answers."
Fernandes' accusations were 'unsubstantiated,' Army spokesman says
Asked for a comment, Fort Hood officials pointed Insider to a Wednesday press conference where officials discussed Fernandes' case.
Lt. Col. Justin Redfern, the commander of the 553rd Combat Sustainment Support Battalion, told reporters that the "chain of command" at Fort Hood noticed Fernandes' behavior changing around April and was concerned about it.
"The chain of command was very much invested in this trooper," he said. "It was a person that we felt was exemplary."
But Redfern said he didn't "see any connection" between the sexual-assault allegation and Fernandes' failure to report for duty.
Special Agent Damon Phelps of the Army Criminal Investigation Command said the investigation into Fernandes' allegation was completed "fairly recently."
"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."
However, Khawam and the Fernandes family are pushing for a congressional investigation into Fort Hood.
"We are all heartbroken and sickened by this tragedy," Isabel Fernandes, Elder Fernandes' aunt, wrote on Facebook. "Elder signed up to serve our country, he did not sign up to be sexually assaulted by his sergeant, and then bullied and hazed for reporting it!"
Sen. Ed Markey of Massachusetts responded to the news of the soldier's death in a statement on Wednesday.
"Elder Fernandes was a patriot who chose to serve his country, but when he needed support, his country failed him," Markey said. "No parent or family should lose a son in this way."
Markey said he thought that "the Army did not uphold its obligation to keep Sergeant Fernandes safe," and he called for an independent investigation into his death "so we can get a full accounting of what went so terribly wrong and hold accountable those who failed him."
"The Fernandes family deserves answers, and Sergeant Fernandes deserves justice," Markey added.
This article has been updated.
Read the original article on Insider
