Military: Marines beat 3 Iraqi civilians
By: MARK WALKER and TERI FIGUEROA - Staff Writers | ∞
CAMP PENDLETON ---- Six Marines charged with assaulting three Iraqis in April used their fists and knees to beat the men, and a sergeant charged in the case is accused of putting a loaded pistol in the mouth of one of the alleged victims, Marine Corps officials said Friday.
The charges, first announced late Thursday, appear to be part of an effort to pressure three of the accused to testify in another case, the alleged murder of an Iraqi man by members of the same platoon, according to an attorney for one of the men in the slaying case.
A second lieutenant assigned to the platoon also may soon face charges in the case, according to a Marine Corps official and another attorney.
Taken together, the allegations of kidnapping and killing an Iraqi civilian on April 26, and now the severe beating of three others in the village of Hamdania on April 10 by the platoon from Camp Pendleton's 3rd Battalion, 5th Marine Regiment, suggest that the unit ignored the Pentagon's rules of engagement for troops in Iraq.
The assault charges announced late Thursday were lodged against members of the second platoon of Kilo Company, eight of whose members are already facing premeditated murder and kidnapping charges in the shooting death of Hashim Ibrahim Awad.
Eleven members of the platoon now face what are considered war crimes for their actions in the village west of Baghdad.
The platoon's troubles first surfaced in May, when military officials announced they were holding seven Marines and a Navy corpsman in the Camp Pendleton brig on kidnapping and murder charges in the Awad case. On June 21, the men were formally charged with those crimes and related offenses.
One of the three, Sgt. Lawrence Hutchins III, the senior enlisted man, was among those charged in the assault case. Those incidents came 16 days before members of the same squad allegedly kidnapped Awad, shot him to death and then staged the scene to make it appear he was an insurgent planting a roadside bomb, according to the Marine Corps.
In the course of investigating the alleged homicide case, authorities said Thursday, they learned of the earlier assaults. The criminal complaint in the beating case wasn't filed until this week because "it took this amount of time to gather sufficient evidence to prefer these charges," said Camp Pendleton spokesman Lt. Col. Sean Gibson.
None of the Marines facing either the murder or assault charges have had the opportunity to enter pleas, although attorneys for the men accused of murder have repeatedly said their clients are innocent.
The men accused of murder have been jailed since May 24. The assault charges were filed on the eve of a hearing to determine if three of them ---- including two of those newly charged with assault ---- could be released from the brig pending future proceedings.
The assault charges
In the assault case, Hutchins, 22, is accused of beating Khalid Hamad Daham, choking Hassam Hamza Fayall, and also choking Ali Haraj Rbashby and putting a loaded gun in his mouth, according to a Marine Corps release posted on Camp Pendleton's Web site Friday.
The alleged attacks on the three Iraqis, whose ages were not available, were said to have been severe enough that they could have led to "grievous bodily harm" or death, according to the Marine Corps.
A source close to the investigation said that Daham was considered by the platoon as a "high-value individual" and a supporter of the insurgency.
Hutchins, who is from Massachusetts, is the only Marine accused of attacking all three men.
All six Marines are accused of using their fists and knees in beating Daham about the head, face and torso.
Along with Hutchins, the others accused of assaulting Daham are Cpl. Trent Thomas, 24, Lance Cpls. Jerry E. Shumate Jr., 22, Henry D. Lever, 23, and Saul H. Lopezromo, 21, and Pfc. Derek L. Lewis, 20.
Lopezromo and Lewis joined the Marine Corps in Los Angeles on April 11, 2005, one year before the alleged assault. They and Lever were initially restricted to base when they returned from Iraq, but are no longer under sanction.
The maximum penalty for an assault conviction is three years in prison, a dishonorable discharge and forfeiture of pay and allowances.
Shumate, Thomas and Hutchins are also accused in the shooting death of Awad. Also accused of murder and related offenses in that case are Cpl. Marshall Magincalda, 23; Hospitalman 3rd Class Melson J. Bacos, 20; Lance Cpls. Tyler A. Jackson, 22, and Robert B. Pennington, 22; and Pfc. John Jodka III, 20.
Those eight are awaiting a hearing, likely in September, to determine if they will face trial in connection with Awad's death. Each faces the possibility of the death penalty if convicted of premeditated murder.
Reactions
Thomas' wife, Erica Thomas, said Friday she was astounded at the new charge against her husband.
"They are probably going to charge him next with looking at someone wrong," she said. "They are already charged with murder. So assault? I just want him out of the brig. It's all nonsense."
When reached at his Massachusetts home, Hutchins' father, Larry Hutchins, said he was attempting to gather information from his son's attorneys and had no immediate comment.
Jane Siegel, an attorney for Jodka, an Encinitas native, said Friday that she thinks the Marine Corps is taking a "shotgun" approach to the homicide case by lodging the assault charges.
"The important thing for us is, as we have said all along, that Jodka is not involved in any of this, but he is being tarred with the same brush," said Siegel, a retired colonel who at one time was in charge of all military defense counsel in the Marine Corps.
Siegel also said she has been told that the Marine Corps is about to charge a second lieutenant from the platoon.
"We think he is going to be charged with the whole ball of wax," Siegel said.
Lt. Col. Colby Vokey, who coordinates defense attorneys for the Marine Corps in the western United States, told The Associated Press that an unnamed officer is expected to be charged next week.
Gibson, the Pendleton spokesman, declined to address those reports directly, saying only that no one else had been charged.
San Diego attorney Joseph Casas, who along with Siegel has been hired by Jodka's family, said he thinks the Marine Corps filed the assault charges to put pressure on Lever, Lopezromo, and Lewis to testify against their eight squad mates in the murder case.
Shumate's mother, Diann, said she can't understand what the military authorities are doing.
"It just seems like they are picking at every little thing, and the assault charge seems so meaningless compared to the murder charges he faces," she said when reached at her home in western Washington state. "My lawyers are pretty confident that this just a bogus charge to put more pressure on the men."
Last week, lawyers for the men accused in the homicide case petitioned the Marine Corps to have their clients released from the brig pending their Article 32 hearings, the military's reference to hearings that determine whether the charges against them move forward.
A Camp Pendleton spokeswoman said that request from Lance Cpl. Jackson was denied during a hearing Friday morning. Cpl. Thomas withdrew his request and a hearing requested by Hutchins had been postponed, the spokeswoman said.
Rules of engagement
What the men are accused of in Hamdania appears to be a clear violation of the rules of engagement, rules that were reinforced by the commandant of the Marine Corps in visits to Iraq and U.S. bases in June after the Hamdania homicide case came to light.
In March, a different group of Camp Pendleton Marines, were accused by Iraqis of violating those rules in the deaths of 24 civilians in the Iraqi city of Haditha on Nov. 19. The case involving members of the 3rd Battalion, 1st Marine Regiment is said to be at the point where military authorities must decide if any charges are going to be leveled.
According to the Defense Department, rules of engagement "delineate the circumstances and limitations under which United States forces will initiate and/or continue combat engagement with other forces encountered."
Pentagon officials say that the rules of engagement must recognize the "inherent right ---- and obligation ---- of self-defense" and must comply with the Law of Armed Conflict, an international law that is in turn based in part on the Geneva Conventions and other international treaties that have been signed by the United States.
The U.S. Army's Operational Law Handbook states, "The law of war prohibits intentional attacks on civilians and noncombatants. The civilian population as such is protected from direct attack. An individual civilian is protected from direct attack unless and for such time as he or she takes a direct part in hostilities."
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com. Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.
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Mr m. wrote on Aug 5, 2006 5:26 AM:So what! Its called war.They cut our heads off.
Can W and Rumsie Make Things Any Worse? wrote on Aug 5, 2006 8:22 AM:My son's USMC enlistment is up JUL 2007 and he is getting out. Two tours in Iraq and now all this stupidity. He went to OCS too but now he's had enough of W and Rumsie's goofy games. And so have the people of the USA. Is it 2008 yet? I don't want to see it but we will have a Democratic controlled Congress and President after the 2008 elections. Thanks George ... you idiot. USMCDad, San Diego, CA :: Chu Lai and DaNang 1969-1970 Semper Fi
taken for fools wrote on Aug 5, 2006 8:33 AM:By now it should be obvious that every pretext for this terrible war was a lie. After the WMD and AQ excuses lost credibility, Bush & Co fell back to Plan C - We're saving the Iraqi people from torture, violence, death. They cynically used incidents like these to show that Saddam Hussein is so cruel and repressive that we must start a war. But somehow it's always understandable when our side tortures and murders, some even think it's noble and heroic. I think it's time to wake up and smell the stink.
Jon B. wrote on Aug 5, 2006 9:04 AM:Let me guess, the Marine Corps dummied up these charges to make themselves look bad. I douobt it. Having spent 4 years in the Corps I seriously doubt that. We are going to execute Saddam for the same behavoir these guys are engaging in. NICE, very NICE.
George's Stupid Mideast Adventure wrote on Aug 5, 2006 9:50 AM:A bad idea poorly executed ! How much dumber can this Iraq mission get ?!?!?!?! - USMCDad
Barbara Bush wrote on Aug 5, 2006 11:50 AM:George W. and Rumsie: Let's talk about crimes. I charge you with Crimes Against Humanity on behalf of the all the Iraqis and Americans killed and maimed in your stupid, poorly-executed Iraq mission. I further charge you with criminal negligence in wasting $300 Billion and counting of the USA people's money. In addition, on behalf of the American people past, present and future, I charge you with willful global destruction of the USA's reputation and good will. Love, Mom
Harry wrote on Aug 5, 2006 1:12 PM:What do you answer Cindy Sheehan and Fernando Suarez now when they ask what did their sons die for. Unfortunately the answer is they died for George Bush's stupidity and arrogance and because so many people liked the image of a cowboy president saying, "Bring It On!" There was not one national security reason to justify this war or the sacrifice of the fallen. So many died, so many casualties both physical and emotional and spiritual. All for nothing! Such a waste. There are no heroes when there is no cause to defend or further. Just a whim of the worst president of all time.
Get the Marines: wrote on Aug 5, 2006 2:15 PM:Out of there. NOW!
Jay wrote on Aug 5, 2006 3:37 PM:Those who think the situation will dramatically change after the next election are kidding themselves. The names may change, maybe even the Party (though I doubt it) but Corporate America (or International Corp.) runs our lives and chooses our futures. We wont have change until we depose them and take our government back.
esteban wrote on Aug 5, 2006 6:20 PM:War in Iraq was a good choice at the time. The problem is, that they are fighting it the wrong way. Get out now, unless you're gonna do it right. Bomb the hell out of the sunni triangle...turn it into glass. Using police tactics is not gonna work.
Bob wrote on Aug 5, 2006 7:15 PM:War Crimes? Let's talk about 500,000 Iraqi children who died due to the sanctions imposed by our shameful leaders. And the "shock and awe???" bombings that took the young and innocent. Is this what the egotistical and arrogant Bush meant when he talks about "No child left behind"? Wake up Fellow Americans. Bush...Cheney....Rumsfeld.... Axis of evil.
John1 to Jon B wrote on Aug 5, 2006 9:34 PM:4 years in the Corps- a standard enlistment- what was your MOS?
John1 wrote on Aug 5, 2006 9:39 PM:I find it fascinating that this blog has devolved into a referendum on supposed/not supposed stupidity of political leadership. I also find it pitiable that those posting believe unerringly in the "badness" of our Marines vs. any presumption of innocence and a thirst for truth and public scrutiny in the investigation. I hope that each of you posters never have to defend yourselves or loved ones and fight such attitudes as a thank you for service to others. Pitiable. Jay, your statements are laughably puerile. Such childish petulance.
John1-To Jay wrote on Aug 5, 2006 9:40 PM:Are you comparing Saddam Hussein's wholesale killing of thousands to the charges proferred against these six Marines?
John1 to Bob wrote on Aug 5, 2006 9:50 PM:Bob, It's interesting that you mention sanctions creating 500,000 children's deaths when Saddam and co. had BILLIONS in hard cash sitting around. Where where the UN monitors other than taking 25% of the cash generated by oil-for-food? PS, isn't the 500,000 figure now discredited by UNICEF? I understand Richard Garfield, one of the original publishers of the figures, withdrew the claim in 1995.
bob to john 1 wrote on Aug 6, 2006 8:55 AM:Madeline Albright, when asked whether the death of 500,000 children was "worth it" in terms of achieving our objectives...replied "yes". She didn't challenge the claim. Figures such as that are never known with certainty, and are used and abused; but the fact that the sanctions were causing substantial numbers of innocent deaths isn't disputed. Of course Saddam Hussein, the UN and others were primarily responsible. My point is this. Find other ways, when you know what the overall result of your actions are....especially when the innocent are involved. And don't be so callous to the pain of those who are powerless. Otherwise, the separation between "good and evil" becomes very blurred.
Mike wrote on Aug 6, 2006 1:17 PM:There is a presumption of innocence here, but not blind loyalty. I believe the military justice system will work and the truth (whatever that is) will come out. But the quote in this story decrying the USMC for "picking on every little thing" says volumes. Being charged with war crimes by the USMC isn't something I would consider "a little thing." Previous stories have similar attitudes expressed. This kind of investigation only strengthens my faith in the Marine Corps high standards.
Jay wrote on Aug 9, 2006 2:55 PM:Well John1 I finally have to say it. You've put words in my mouth again. Anyone can read my comment above and see that it does not mention Saddam Hussein or alleged war crimes. The remark is about politics. You have a vivid and I have to add, not quite sane, imagination. As I said before, you want us to believe that your precious soldiers and Marines are innocent (until proven otherwise ) and yet you accuse total strangers of thoughts (I dont know how you know my thoughts) and remarks that they did not make. You also keep harping on some notion that the troops are fighting and dieing for me. I did not feel threatened by Iraq befor the invasion but do now. No, they are not making my life safer, on the contrary. The NC Times has a twisted set of "rules" that govern these comments. Actually they print the ones they want, the more inflamatory the better. I wish they would institute a policy of banning those that come from someone with obvious emotional issues, haters and those who are actually involved in the news items itself. It's hard to be objective if YOU are the news! I've tied to keep my comments polite and indeed the NC Times won't print what I'd like to say to you. Just be certain that I and others are thinking it. I see that your "Baby Bar" attorney has not muzzled you. He is doing you a diservice.
Peachsurprize wrote on Aug 15, 2007 1:00 PM:I think many of the comments made here, do push a point, but are over exaggerated. The war has come to a point that it must end, but we cannot leave some of our soliders there without proper support of the rest of the troops.That would be a disaster. The war totals arent pretty. But NC listen up 500,000 children were not killed. Iraq citizen casualaties are around 6000.. its too much, but its not as high as reported. US solider casualties are approximately 3800, since the war began.I have followed this closely. No one wants war, and time frames should be made, but US is interested in IRAQUI oil wells and reserves so i can see that the USA will be in IRAQ a lifetime, hopefully not in a war position.I think Americans should set their sites, that not everyone is coming back.
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