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Troops detail Hamdania killing: Men who reached plea agreements describe 2006 slaying of Iraqi civilian
By:MARK WALKER - Staff Writer | ∞
CAMP PENDLETON -- Frustration from seeing suspected insurgents arrested then released a short time later and a desire to "send a message" led to the slaying of a retired Iraqi policeman, two Camp Pendleton troops said Tuesday.
Special Report
Testifying on the second day of the government's prosecution of Cpl. Trent D. Thomas for murder and related offenses in the shooting of Hashim Ibrahim Awad, the two described in detail the plot they carried out with Thomas and five other men in the village of Hamdania in the early morning hours of April 26, 2006.
They also testified that any of the men who would later be charged with murder had two chances to stop it from happening. They also said they knew the killing was unlawful.
Thomas, six other Marines and corpsman Hospitalman Recruit Melson Bacos were charged in June 2006 with the slaying. Jackson, Bacos and three other Marines from the Kilo Company of the 3rd Battalion, 5th Marine Regiment's squad subsequently reached plea agreements that require they testify against the remaining defendants.
Thomas, 25, was on his third deployment at the time and he and maintains he is innocent because he was following an order from his platoon leader, Sgt. Lawrence Hutchins III. Hutchins is a 23-year-old Massachusetts native who was on his first deployment. His trial is slated to start July 23.
Pvt. Tyler Jackson told the nine-member jury that it was Hutchins who announced to the seven men he was leading on a patrol the night of April 25 that he had a plan. If everyone agreed, Jackson said Hutchins told his men, the squad would go to the home of a suspected insurgent named Saleh Gowad, seize and kill him.
The platoon had arrested Gowad several weeks earlier, but learned he had been released from custody.
Once they had Gowad, Jackson said, the plan was to march him to the site of a previous roadside bombing, shoot him and make it appear he had an AK-47 and was planting a bomb.
And executing a man considered an "HVI," or high value individual as the military refers to suspected insurgents, wasn't something that caused much angst that night, Jackson said.
"Killing the number one HVI in the area did not sound like a bad idea to me," he told the three officers and six enlisted men hearing the case against Thomas.
When Gowad wasn't home, the squad decided to go to the home closest to his where they dragged the sleeping Awad from his bed, Jackson said. They marched him out about 1,000 yards, bound his hands and feet, gagged him, then shot him, according to Jackson and Bacos, who also testified Tuesday. They didn't know who Awad was until told by investigators, they said.
Like Jackson, Bacos said the reason the men did not move against the plan was frustration.
"It really made us mad," Bacos said when asked by lead defense attorney Victor Kelley of his reaction to Gowad's arrest. "We did all this work to find terrorists and then they let them go."
Thomas' attorneys say they will call witnesses that will testify that post-traumatic stress disorder and traumatic brain injury from exposures to bomb blasts during his three deployments clouded his judgment.
During opening statements Monday, Maj. Haytham Faraj, one of Thomas' attorneys, said his client honestly believed the plan to kill Gowad or any other Iraqi male the squad could find constituted a lawful order.
Thomas faces a mandatory life prison sentence if two-thirds of the jury finds him guilty of premeditated murder. He also is charged with conspiracy, making a false official statement, larceny and housebreaking.
The trial resumes at 8 a.m. today.
-- Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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Shape up guys! wrote on Jul 11, 2007 7:58 AM:The Marine Corps leadership should not have alowed these enlisted men to be put in the position that they were in. The responsibility for this incedent rests with Marine Corps Officers. The prosecution of these enlisted men is a further stain on a broken military.
Placing Blame wrote on Jul 11, 2007 10:45 AM:The responsibility is shared by all yellow ribbon tying, ditto heads who voted for Bush and support his "Bring Em On" stratagy for killing 3000 americans and bankrupting the nation.
Own Up wrote on Jul 11, 2007 12:43 PM:Blame Bush, blame the goverment, blame the media, blame the prosecutors, blame NCIS, blame, blame,blame!!! That's what's wrong with our society today. NO one wants to take responsibility for their actions. Did anyone force these young men to join the military? No,they joined of their own free will. Even if they were young, we all make decisions and choices in our lives that we may come to regret but unfortunately we have to live with them. Life's tough, it's not fair, it's not a perfect world! Take responsibility for your actions and learn from your mistakes. It all comes down to accountability and character. It's not about your political party or patriotism, it's about right and wrong! Wow, what a concept! Save the argument "you have no idea what these guys live through each day in these conditions". There and thousands of men and women who are living through it over and over again who don't commit these acts. The actions of a few hurt many.
Jack wrote on Jul 11, 2007 3:58 PM:What happened to john1 and AW4? Did they give up defending these murderers? Oh I guess as most have confessed and even his son is elocuting as I write this, they have moved on to defend other dishonorable murderers and liars in uniform.
Gary wrote on Jul 11, 2007 4:55 PM:There is nothing like knowing that the person who has been shooting at you is now walking away and being allowed to go back to his buddies for another weapon. I do not condone what these Marines did, but I do understand what they did. I do think that there is to much diplomatic BS in this war. I think the President should turn the war over to his military commanders and let our brave boys and girls do there thing the way they were trained. Let the fight be fought by the fighters not the promoters.
AW4cryinoutloud wrote on Jul 11, 2007 5:00 PM:To Jack: Hey! You're on the wrong story. Someone I now call Insurgent blogger has been using my name all day, so I keep going back to it and just got to this one. Don't have much to say here that people aren't already tired of hearing. Will just tell you that I don't take statements made from coerced plea deals as proof of anything other than self preservation.
AW4cryinoutloud wrote on Jul 11, 2007 5:23 PM:To Jack: Geeze! I try to be nice and give an explanation to your freakin' question, then go to another story and there you are being a ...! I guess there will be three dots where I typed the word ...!
John1 to Jack wrote on Jul 11, 2007 8:07 PM:Jack, I have been following the trial all day from a bit more personal perspective than you. My son indeed testified today, but it will not be reported much differently than in the above, if at all. Which other defendants are liars? Lcpl Sharratt in the Haditha case?
AW4cryinoutloud wrote on Jul 11, 2007 8:10 PM:For the record; the dots for two of my words were NOT for any profanity. What would be more acceptable than jerk?
AW4cryinoutloud wrote on Jul 11, 2007 9:15 PM:To Jack: On the other article you had to be insulting since that seems to be all you're good for, and said I was full of it. Well; judging by your comment to John1 and myself at 3:58PM and to the two responses; it appears that you sir are "full of it"!
MorallyRight1 wrote on Jul 11, 2007 10:10 PM:to Jack: I don't think that the issue of innocence or guilty was of any greater importance than the issue of how these men have been treated. Worse than dogs. And, did you know that under the UCMJ if two people say the same thing, it then is a hard, cold fact? Period. So, if two Marines say under any controlled or uncontrolled circumstances, hang nails give you warts, and they say it under stress, and/or threats, then it is now becomes a fact. And, an undeniable fact. One, that cannot be disputed. Good Gravy, where in the same H- - l did that logic ever evolve from? How about two Marines say under oath a $1.00 paper bill, is now worth $100. Okay, now it is a fact. and we are all very rich. Wow!!!!!
WMDs wrote on Jul 11, 2007 11:00 PM:My thoughts go not with some argument for or against, but with Marines that have to spend three "LONG" tours constantly in kill or be killed mode, with very short stateside breaks, all for what???? For WMDs, then Democracy and then another change of mission to give the government of Iraq time. While our fighting forces suffer huge damage and for what??? I hope all of you heros that condemn, at least were there and have earned the privilage to judge.
Here you go: wrote on Jul 12, 2007 1:32 PM:[Web site] Well guess NCIS, the Prosecution, and the USMC should have been sure of who the dead guy was before they locked up good Marines and brought charges against them. But I guess they all thought they could take the word of the enemy! Yeah...that makes more sense.
Didn't post the website: wrote on Jul 12, 2007 1:57 PM:Check the story in the Military section that is titled: IDENTITY OF IRAQI VICTIMIS UNPROVEN, JUDGE RULES.
Post Clarification...opps: wrote on Jul 12, 2007 2:47 PM:The story referenced above is in the San Diego Union Tribune in the Military section.
To AW4: wrote on Jul 12, 2007 7:19 PM:Good Question! Because they want everyone to think this "victim" was a sweet innocent father of 11. Otherwise their story is just not exciting enough or doesn't sell enough newspapers. I would think that waaaayy back, even before an investigation was launched it should be mandatory, or at least reccommended to make a positive identification of this so called "victim" before associating a name in charging papers and locking Marines up for it. Could be Osama Bin Laden for all NCIS and the Prosecution knows. Geeeeezz!!
The identity of the victim has little to do with it wrote on Jul 12, 2007 9:13 PM:The discription of what they admit to doing sounds like cold blooded murder. I don't care who they found and dragged out and shot, his identity isnt what matters, the premeditated murder is what its about.
Osama wrote on Jul 13, 2007 3:38 PM:If it were Osama Bin Laden that would be heros, funny how the governement can choose the target but the marines who live on the ground are being slammed for protecting the city. A city that they are living in hoping they don't get bombed.
AW4cryinoutloud wrote on Jul 13, 2007 6:28 PM:After 2 computer shut downs and two other failed attempts I'm giving it another go. I tried to comment about the identity of the victim, etc. The identity of the victim "does" have a lot to do with it. The prosecution's case rests on their assumption that 'Awad' was taken from his home; not Elmer Fudd. The Iraqis, who brought the initial accusations that caused the commander to ask for an investigation, swore that it was 'Awad'. With full awareness that Hamdania was an insurgent town, the commander took the word of those Iraqis over his own men. NCIS did the same, and agreed with the Iraqis that it was Awad. The prosecution has claimed throughout the hearings that it was Awad. Gosh! Everybody on the planet has been told it was Awad. Even though the autopsy couldn't verify that it was Awad, all those who have accused and investigated and prosecuted have done so on the premise that it was Awad. The prosecution has access to classified info on Awad. What do they know that they don't want the defense to access? Awad's own brother couldn't identify him. No "Awad', No 'body', No proof, No corroboration, No Case! Just coerced plea deals. Now, we're supposed to buy the idea that Thomas, Magincalda, or Hutchins are going to have Fair trials? NO Way! Perhaps Special agent Connolly should take a polygraph. He doesn't know who the deceased is, can't prove it, yet persecutes these Marines. He said he didn't know what a dead-check is. Oh please. "I" know what it is. I'm sure a Special agent with around 20 years of experience knows what it is. Nice courtroom ploy. He shouldn't mind a polygraph. TRUTH is what it's all about, right?
Elmer Fudd is alive and well wrote on Jul 14, 2007 9:47 AM:Right, AW4, truth is what it is about! In our system the truth is reached through the legal process; and polygraphs are not considered acceptable evidence, as the results have as much to do with the skill of the person doing the polygraph, as with the validity of the instruments. I am much more willing to expect the truth from a highly publicized court martial, than the tortuous reasoning of highly biased persons who repeat and repeat each others opinions and beliefs to short circuit the legal process and obscure the potential guilt of the accused.
Confused wrote on Jul 14, 2007 2:08 PM:Which AW4 was that anyway--the crazy one, the real one, the phantom one, the mean one?
AW4cryinoutloud wrote on Jul 14, 2007 5:23 PM:To Elmer Fudd: Thanks for agreeing. The "legal" process? Don't forget that there hasn't been much in the way of "legal" throughout. I didn't say polygraphs were accepted as evidence. So why give them to any of the accused? And then, when the accused passes the prosecution tries to blow it off. I'd just like to see the results if Connolly took one. I'll bet that could be as interesting as anything else reported so far. So, you're saying that you consider yourself highly biased and that you repeat and repeat your opinions to short circuit the "legal" process? Tsk! Tsk! You shouldn't do that.
AW4cryinoutloud wrote on Jul 14, 2007 8:59 PM:What happened to the news that the military didn't inform the defense for Thomas until over a week ago that the Iraqi was Hashem Gowad, cousin of Saleh Gowad and also a suspected insurgent? NOT a sweet, handicapped, family lovin' man named Hashim Ibrahim Awad. So! Where's the happy family now? At $2500.00 a pop I think they got out of Dodge.
and then again..... wrote on Jul 15, 2007 8:33 AM:I sure am glad that I won't be dragged out by some renegades and murdered for things my cousin did or didn't do--"innocent till proven guilty" takes on a whole new meaning.
To and then again wrote on Jul 15, 2007 1:30 PM:You should be glad, ...! And when the insurgents get here and start doing that...YOU'LL WISH YOU HAD THESE MARINES THERE FOR YOU!
AW4cryinoutloud wrote on Jul 15, 2007 2:27 PM:INNOCENT until PROVEN guilty has only ONE meaning. Just what it says; word for word.
oorah wrote on Jul 16, 2007 1:58 AM:Is it me or did anyone else notice that Cpl.Thomas of the 3 Amigos,aka Pendleton 8(Hamdania) did not have any articles in print this past week.His trial started on July 9 th,the Pros.rested and the defense will most likely finish on Tues. or Wed. of this week and should go to the Panel(Jury) on Thrus. at the latest.I hope MW&TF didn't go AWOL. I know I'm not the only one that is interested in how the USMC and our Goverment treats my HEROES.Please keep them in your thoughts and Prayers.They did nothing wrong.I thank you inadvance.I know there will be a few of you R.D.D.B.that won't,but that's OK.Pres. Ronald Regan stated"Most people go through their entire life,not knowing if they made a difference,MARINES don't have that problem." Sgt.Hutchins,Cpl.Thomas,Cpl. Magincalda,know that you are in the thoughts and Prayers of many people through out this Great Country, that you have been so willing to put yourself in harms way to protect this Great Nation, For that I will be forever greatfull to you and your Brothers and Sisters.God be with you and watch over you and your Loved ones. Semper Fidelis
TXguy wrote on Jul 17, 2007 6:56 AM:I concur with "Own Up". While I sympathize for these Marines, each is a grown man, able to make his own decisions. To "Shape Up", what "situation" are you talking about? How were they in any different situation from any other Marines operating at the time?
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