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Why Was Jack Stone Killed? And Was the Army Blind?
By Thomas D. Segel
January 13, 2003

Jack Dempsey Stone had been shot. He was lying face down in the mud and as the clock ticked off its minutes, his life's blood poured from his body.

Friends tried to come to his aid, but they were kept back by an Army guard, who held them at a distance with his pistol. Thirty minutes later other military assistance arrived, but it was too late. Private Jack D. Stone was no longer among the living.

How did such a situation develop? The few records and reports that remain said Private Stone had been Absent Without Leave (AWOL). He had been placed in an Army stockade. On the day of his death, he had tried to escape and had been shot in the back by his guard.

All of this took place on December 15, 1942 at Fort Bragg, North Carolina, on a day when Jack Stone and other prisoners were doing clean up work near the base incinerator.

Sixty years later family members have still not received a complete explanation of what happened. Though the family tried repeatedly to have the death explained, their only response from the Army was a note from a Captain, who said tersely, "there was a war going on". Letters and visits to senators and congressmen seeking an investigation into the death met either with no answers or no action.

Now admittedly, Private Stone had been absent without leave. This has happened to thousands of young men in the military. They perhaps imbibed too heavily on a weekend and didn't make it back to the base on time. They had girl friends they missed and just had to see them one last time. They were afraid of something or someone and ran from their duty assignments.

Some of these service personnel were absent for a few hours. There were some gone for a few days. The only thing, which can be said with any clarity, is Private Stone could not have been gone too long. After thirty days being absent without leave members of the armed forces are charged with desertion. That is a serious crime. Desertion was not the charge which placed Private Stone was in the stockade

So, it can be assumed he had been gone from his post from a few hours to a few days. He would have been sentenced to a short period of time in the stockade and required to do various forms of hard labor. None of this was serious enough for the man to run from captivity...and to attempt this escape while still within the confines of a very large military base.

Interestingly, Jack Stone's death has been officially recorded by the Army as a homicide. Though family members knew this, all attempts to obtain an amplification of that statement were either disregarded or hidden from officials who looked into the matter. Even today, sixty years after the killing, United States Army officials claim there are no records to which they can refer.

Stone's family was told he tried to escape. They were informed he was told to halt three times, but would not stop running. So, the guard aimed and shot him in the back.

This brings into question many things. If the prisoner were so dangerous he should be shot, why was he on a work party outside the confines of the stockade? Where were the other guards? Was there only one guard for this group of prisoners? Why wasn't an attempt made to apprehend Stone, instead of shooting him as he ran away?

These questions have never been answered. In addition, there seem to be further charges of wrong doing by the Army.

Prisoners who were with Stone said they tried to come to his assistance and were held back by the armed guard.

Family members were told of a romantic triangle between Stone, a nurse and the guard.

Some, who knew the Stone claim this same guard told him he was being released but that he had to "clear the area" as quickly as possible and wasn't to stop for anything.

None of these soldiers were ever brought forward to testify. There was no investigation. The guard who killed Stone was never brought to trial. Instead, he was immediately reassigned to another base outside North Carolina.

Because of a set of Supreme Court cases called the Feres Doctrine, Jack Dempsey Stone's parents were never allowed to pursue any legal path or file suit charging wrongful death.

The Feres Doctrine says that no litigation can be brought against the government for acts committed by members of the armed forces, which are "incident to service". In other words, the government cannot be sued if the incident happens while the individual is on active duty or on a military base. What is even more hurtful then being unable to seek legal recourse...is the Army further covered-up its inaction by making the Stone family feel shame because their son had been AWOL.

Jack's father went to his grave feeling he had failed in resolving the question of his son's death. Other family members continue their quest. They fight to have the Feres Doctrine reversed so they can have some course of action.

They also are very much aware of the fact Jack Stone's death is still listed as a homicide....and there is no statute of limitations on murder.