Abdiwali Abdiqadir Muse, Somali Pirate, Arrives In NYC, Awaits Court Hearing

SCROLL DOWN FOR THE COMPLAINT

NEW YORK — The sole survivor of a pirate attack on an American cargo ship off the Somali coast was charged as an adult Tuesday with piracy after a prosecutor said he gave wildly varying ages for himself but finally admitted he was 18.

U.S. Magistrate Judge Andrew J. Peck said Abdiwali Abdiqadir Muse could be treated as an adult in U.S. courts after a closed hearing during which he said Muse's father gave conflicting testimony about the ages of his children.

Muse was charged with several counts, including piracy under the law of nations. That charge carries a mandatory penalty of life in prison.

Peck noted that Muse had declined to testify in court about his age.

Muse sobbed early in the hearing when his attorneys mentioned they had contacted his family in Somalia. The judge closed the hearing for testimony about Muse's age and decide whether he was a juvenile. After he reopened the courtroom, he had lawyers on each side recount what happened.

Assistant U.S. Attorney Brendan McGuire said Muse initially told a Somali interpreter on April 12, when he was first detained, that he was 16, then that he was 19, then that he was 26.

Muse indicated a day later on a different U.S. Navy vessel that he was 19, McGuire said. The prosecutor said Muse told an FBI agent Monday that his age was 15 but later apologized to the agent for lying, telling him he was 18, going on 19.

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McGuire said investigators also spoke to one of Muse's brothers, who indicated he was 18.

Muse is the sole surviving Somali pirate from the hostage-taking of an American ship captain from Vermont.

He arrived in New York on Monday evening, handcuffed with a chain wrapped around his waist and about a dozen federal agents surrounding him.

His left hand is heavily bandaged from a wound he suffered during the skirmish on the cargo ship, the Norfolk, Va.-based Maersk Alabama. Muse, his 5-foot-2 frame so slight that his prison clothes draped loosely, at one point put his head in his uninjured hand.

Muse arrived in New York on Monday night and smiled as he was led into a government building.

In addition to piracy, he was charged with conspiracy to seize a ship by force; discharging a firearm; aiding and abetting the discharge of a firearm during a conspiracy to seize a ship by force; conspiracy to commit hostage taking; and brandishing a firearm.

Read the complaint:

Pirate Complaint - Free Legal Forms

Comments

[Cloudnine1]

Fry him. I have enough to pay in taxes without paying to keep those who try to steal from us. I would say worse, but this is moderated so I cannot say how I truly feel about this piece of you know what. Don't hand me poor. I am poor. I have no home. I don't go out and start killing people because I don't eat everyday.

[swervinallnite]

Why would America be hated for conviciting this person? This dude that captured out ship, luckily remained alive, has already costed us thousands of dollars, and will cost us thousands more because they want to put him in life for prison! That's the dumbest thing I've ever heard, guy has been living better since he is in America than he has live for all of his life. We have enough problems to face in our future, just kill him.

I can't believe the amount of people condoning piracy. It doesn't matter why you do it, it's still wrong.

[sueinmn]

nce he picked up that ak47, he needs to be tried as an adult! We try our 16 yrs olds all the time as adults. A 16 yrs old can kill just a ruthlessly as a 25 yr old!

[Defunct]

When you are that "poor" and you hear of millions being paid out in ransom.... you will try anything.

[sueinmn]

So what if people use that rational and begin that here in the states? Do you claim its a justifiable reason and should be allowed? We have many poor in this country! Somalia should not be our problem as we have our own economics to fix. They could have a true government if they wanted to fix their problems. Lawlessness is no excuse to piracy which violates maritime and internationl law.

[swervinallnite]

Why is poor in quotes?

[rosiebond007]

This guy looks way too happy.

Think he is hoping to stay in America ??

[DonCosenza]

Now I wonder... who is going to try all of the illegal European and Asian fishing trawlers that are illegally depleting Somalia's waters of fish; or the ships illegally dumping nuclear waste into their waters; causing radiation sickness to those on the shores?

[Crankenstein]

Umm, Somalia?

[Paris]

In reading about these pirates, it seems that what originally started with small time, independent operators finding some easy money has evolved into a sophisticated, organized criminal operation with expensive equipment, mother ships and" bosses" who see these desperate and hungry young men and boys as expendable and part of the cost of business.
He will easily be replaced by another lured with promises of riches. Not to condone this, but we seem to be, as with the prosecutions in Abu Gharib, going after the wrong people, again.

[gbrooks]

Wow.

I used to think that people who identified themselves as "liberals" were a bit more capable of seeing both sides and able to be more rational about a person who turned to crime when there were few other options.

You do remember that these pirates have actually been quite good to their captives, right? I'm not justifying it, but I am saying that they aren't monsters.

[StupidIsAsStupidDoes]

Oh come on! Thinking and rationally evaluating things based on facts is so damn hard! I dare say its un-american.

[sueinmn]

Threatening your life with an AK47 is being quite good to you? If these captives were to fight back would they still be quite good to you?

[gbrooks]

Considering what they could have done and comparing it to what the US gov't and military do to their captives?

I'd choose to be captured by the pirates any day over the US military.

[firstrax]

A life sentence in a maximum security prison is no picnic. He will be afraid for his life every day. Better yet room with Bernie Madoff.

[Defunct]

Madoff is rich. Doubt he will be doing time at the Ritz Carlton.

[Defunct]

Free food, clothes, tv, gym, interviews, air conditioning, a book deal, oprah, ..... he is going to live like a king. where can I hijack a ship and get all this attention. I am tired of working and having my money go to the banks and the rich. Might as well kick back and have butler service.

[Defunct]

not to mention free medical and dental. i am so happy my tax dollars will now be going to give this kid the life he could never dream of. its as if Madonna adopted him.

[DonCosenza]

Hey if you guys think prison is such a great ride, you know how to get there.

[mariah793]

I'm not an expert in identifying ages by pictures taken in the dark, but from pictures on other sites that are closer-up, he looks to be well over 18 and closer to 25. I don't feel sorry for him.

[Crankenstein]

The grinnin' dude's probably got underwear that's older than eighteen. He's no kid....

[2true4u]

His buddies back home will probably hijack another ship and demand his return, because of his capture more people will be at risk...

[vimmryan]

Because of his capture there is one less pirate out there. His "buddies back home" are PIRATES!!! They capture boats and kidnap people for a living... They will hijack ships no matter what.

[Bruupo]

"His "buddies back home" are PIRATES!!!"

Neither the word nor the exclamation points magically transport us back to the 18th century- or into a Disney adaptation of Treasure Island.

The PIRATES!!! of that age earned hyperbolic reactions because they had seized or mutinied aboard vessels that were the apex of all technologies of the day, and they could use them to travel anywhere in the world. That's a far cry from the modern PIRATES!!!

[GeoTor]

I'm still trying to figure out the apparent obsession with Americans trying juveniles as adults!
Canadian Omar Khadr's still trying to figure out how he's going to end up since Bush locked him up for years and years.
Now, with Obama in office, things haven't change much, more of the same with this Somalian kid.
How's the world going to react to this major faux pas, especially since a bunch of pirates were let off the hook just last week, but, oh, let's try this kid as an adult, give him the standard 144 years in prison (to guarantee that he's still in prison in his afterlife, or whatever that's supposed to mean in the American penal system).

[kevinabt]

Let me explain it to you. 6570 days after birth is an arbitrary amount of time. Most people are sufficiently mature long before then to know right from wrong and understand the consequences of their actions, both to themselves and to others. This country is not ruled by laws so much as it is ruled by people. People arbitrarily decide, not for legal reasons but largely due to their own prejudices (and I'm not talking about race), how they want to take revenge on another person who they consider to be in the wrong. If the prosecutor wants to hurt the accused, make an example of them, they choose to pursue heavy punishment. If that means trying the person as an adult then so be it. If that means saying that 1 ounce of marijuana is intend to distribute, then so be it. If the prosecutor wants to go easy on the accused they can try them as a child, or even more likely not bring them to trial at all. Or allow them an extremely lenient plea bargain.

[USA2Sense]

Personally I think he should have gone in front of an international tribunal - as ships of the world are and have been involved in the piracy - with multiple nationalities involved and held hostage.....

The fact that this just happens to be an incident that involved an American ship - should be irrelevant.

The international community had better come together pretty soon and unite against Somalia and all it stands for -- after all, whatever government (loose though it may be) that Somalia has - they are condoning and blessing this piracy....

And that stinks!!!

[DonCosenza]

They already have united... they steal their fish and dump toxic waste in their waters.

I don't condone the piracy, but the other nations are certainly not blameless in all of this. If we were starving near the Somali coast, who knows what we'd be willing to do.

Ironically, piracy dropped off precipitously under the Islamic Courts. But the US sponsored Ethiopia to go in and knock them from power. Then, (surprise!) these criminal groups are able to fill in the power gap and operating with relative impunity.

But the 'war on terror' has made us safer! It's made us safer!

[USA2Sense]

Why should he care what happens - even if he is sentenced to 20 years in prison here in the USA - his quality of life will be better and a damn site longer - than if he would have continued to be a pirate in Somalia - where his life-expectency would probably be about 25 years anyway.

He has no cause for complaint - and we already know from the evidence shown in video - that he is guilty......I'm soooooooo sad for him - NOT!