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Marine acquitted of murder, convicted of conspiracy, kidnapping
By: MARK WALKER - Staff Writer | ∞
Marine Cpl. Trent Thomas.
CAMP PENDLETON -- A military jury on Wednesday rendered a split verdict in the case of a Marine corporal charged in the 2006 abduction and slaying of a retired Iraqi policeman, ruling he was not guilty of premeditated murder but guilty of conspiracy to commit murder and kidnapping.
Despite being acquitted of the most serious charge, Cpl. Trent D. Thomas still faces the possibility of life in prison without parole as a result of the conspiracy conviction.
The 25-year-old St. Louis-area native showed no reaction when the panel rendered its verdict after deliberating for about five hours. His wife and several other family members seated directly behind him were in tears.
Thomas' lead attorney, Victor Kelley, said he was relieved that the veteran of three Iraq deployments was acquitted on the most serious count.
"We are extremely pleased that the members found him not guilty of premeditated murder -- that was our principal focus," Kelley said shortly after the verdict was announced in a hushed base courtroom.
Kelley said the attorneys will now work to convince the panel of three officers and six enlisted men that Thomas should not face a stiff prison sentence.
"Obviously, that has me worried," he said.
The murder charge carried a mandatory sentence of life without parole, a possibility that is now off the table.
"The panel has a great deal of flexibility and I have confidence that they will do what is appropriate," Kelley said.
Thomas is the first Marine to be convicted of conspiracy to murder in the death of an Iraqi civilian since the U.S. invasion of that country in 2003, according to military researchers.
The verdict also is the first reached by a jury in the case of eight men from Camp Pendleton's 3rd Battalion, 5th Marine Regiment charged in the April 26 slaying of 52-year-old Hashim Ibrahim Awad.
In addition to acquitting him of murder, the jury also found him not guilty of larceny, housebreaking and making a false official statement.
Thomas, a married father of two young children, did not testify during the eight-day trial but may make a statement during the sentencing phase that begins this morning.
In January, Thomas had entered a guilty plea but subsequently withdrew it, contending he was simply following orders from his platoon leader, Sgt. Lawrence Hutchins, on the day of the killing.
Hutchins, Thomas, five other Marines and a Navy medical corpsman from Camp Pendleton's 3rd Battalion, 5th Marine Regiment were charged in June of last year in the slaying.
The corpsman and five Marines reached plea agreements and received jail terms ranging from 12 months to eight years in prison.
Thomas' case was the first to go to trial. The two remaining defendants are Cpl. Marshall Magincalda, whose trial starts Friday, and Hutchins, whose trial starts Tuesday.
The case has generated widespread publicity and support for the accused, who were dubbed the "Pendleton 8" by people calling for their release from the base brig and a dismissal of the charges.
During the trial, the five men who pleaded guilty said the Kilo Company squad set out the night of April 25 on an ambush patrol. While sitting in a palm grove, the group decided to go to the house of a known insurgent, take him to a roadside crater from an earlier bombing and shoot him.
When that man couldn't be found, the men who pleaded guilty said the squad agreed it would find another Iraqi male and carry out the plot they called "Operation Vigilante." The intent was to send a message to insurgents in the area that the troops were tired of being attacked, the men said.
That led to the targeting of Awad, who was taken from his home in the early morning hours of April 26, marched about 1,000 yards and shot repeatedly.
Thomas helped lead the "snatch" team that seized Awad, was the first to fire at him and later fired three additional rounds into the dying man's chest, according to trial testimony.
The father of 11 repeatedly asked the troops, "Why, mister, why?" as he was being led to his death, the men who pleaded guilty have said.
During closing arguments Tuesday, the lead prosecutor, Lt. Col. John Baker, asked the jury to convict Thomas of murder, saying he played a key role in a plan that amounted to "cold-blooded murder."
But Kelley implored the jury, all of whom have served in Iraq, to stand by a fellow Marine.
The military judge who presided over the trial, Lt. Col. David Jones, ordered the jury to return at 8 this morning to begin the sentencing phase.
Under the military justice system, six of the nine panel members needed to agree on a verdict. In order to sentence Thomas to a prison term beyond 10 years, seven of nine members of the panel must agree.
The vote tally from the jury was not available Wednesday.
The defense and prosecution will be allowed to present evidence during the sentencing phase, after which the panel will meet behind closed doors to decide Thomas' punishment.
The jury's decision will be reviewed by the convening military authority over the case, Camp Pendleton's Lt. Gen. James Mattis, who has the power to set aside guilty verdicts and reduce sentences.
Thomas, who doctors testified is suffering from a mild form of post-traumatic stress disorder, was awarded a Purple Heart after being wounded during his second tour in Iraq. The infantryman joined the Marine Corps in 2002.
-- Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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Mom of one of these Marines: wrote on Jul 18, 2007 5:10 PM:Yay!! Good luck with your sentencing Thomas. Best wishes for you and your family. Hang in there! TJ
AW4cryinoutloud wrote on Jul 18, 2007 6:17 PM:Good that they dropped the murder charge but there shouldn't even have been one. I thought there were rules to go by. The court recently disallowed the use of the name Awad because the prosecution hadn't proven that Awad was killed; yet they continued prosecuting and then allowed the prosecutor to end his comments to the panel accusing Cpl.Thomas of murdering Hashim Ibrahim Awad. So! When do the rules apply? AFTER sentencing of all of the accused? If this wasn't so serious it would be laughable. A Gitmo detainee was afforded more rights than these Marines. On June 11th, the Circuit Court of Appeals supported Habeas Corpus for a "legal U.S. resident" (Not an AMERICAN citizen)and granted defendants' traditional right to challenge their detention, stating that Al-Marri could not be stripped of his Constitutional rights to challenge his accusers in court. It ruled that the government release him. What in the name of the Founding Fathers is going on? What about OUR U.S. citizens? OUR U.S. Marines? What about "their" Constitutional rights? Let's all just sit back, take it easy, vote for the next American Idol or favorite tv show they might cancel on us, or make sure that Paris Hilton's rights are protected. Yep! That's a lot more important than writing or calling (or both) your Congressman and demanding that they stop the persecution of those who defend this country and the rights that "they've" been denied. After all; we do have an election coming up.
MorallyRight1 wrote on Jul 18, 2007 6:38 PM:My heart full of good wishes for the entire Thomas' family. Trent is a good man and one with the most beautiful smiles I have ever seen. The faith and support of this family never wavered, not one bit. Let's hope the Marine's continue with their search of justice, and allow the sentencing to reflect true justice.
Phewwwww wrote on Jul 18, 2007 11:12 PM:I have to admit I've been following the Thomas story for months now, since January. I've never met the man in person but my heart goes out to him. I've refreshed my internet page here so many times in the past few days just hoping to see a verdict. And finally I see one. I'm so relieved to see he's been acquitted of the murder charge, but my heart breaks knowing that his sentence time is still undecided. Hold your head up high Trent. My prayers are with you and your family.
John1 wrote on Jul 18, 2007 11:25 PM:Supporters of Trent should write LtGen Mattis upon sentencing petitioning for clemency. The more the better.
Ruth wrote on Jul 19, 2007 12:51 AM:These men can pull all kinds of legal maneuvers and have their fellow Marine's on the bench give them lean sentences but they will still be judged in the end and this time by God who doesn't play favorites. God knows the difference between right and wrong, he made the rules. It's his judgment that counts. Get yourself some skin lotion Marine, its HOT where you're going for eternity.
Good News wrote on Jul 19, 2007 5:23 AM:Sounds like a fair verdict; I think we could all live with a lenient sentence under these circumstances.
AUSMCWIFE wrote on Jul 19, 2007 6:45 AM:I think this whole thing is ridiculous. How are we to send our Husbands,Wives,Sons,and Daughters to War and on top of worrying about them being injured or God forbid KILLED by an insurgent. Now we need to worry about Our loved ones being charged with BS charges. AND SHAME ON THE MARINE CORPS FOR EVEN CHARGING THESE MEN IN THE FIRST PLACE. War is what it is. It is UGLY. Maybe if we had a better plan over there to begin with our Boys wouldn't feel they needed to send out such a message to insurgents to begin with. They patrol those streets day in and day out and are left sitting ducks. YOU WHO CONDEM WALK A MILE IN THEIR SHOES FIRST.
John1to Ruth wrote on Jul 19, 2007 8:05 AM:Ruth, I think that you will find Trent standing with the Righteous at the end of time. He has recommitted himself to his faith.
Warner: wrote on Jul 19, 2007 8:12 AM: I agree with the panel; however, where was his leadership. Every time there is failure of discipline in the military there has been a failure in leadership. The most striking point in the above article is Trent was on his third deployment to Iraq. For the incident to have happened there had to be a break down in leadership that was getting progressively worse leading to the committed crime. The high probability is that this incident was not the first breakdown in leadership and indications are that it was/is wide spread and the responsibility can be bucked right back up through to the higher ranks.
Solomon wrote on Jul 19, 2007 8:16 AM:I think that a "lenient sentence" for this Marine convicted of kidnapping and conspiring to kill a civilian has to be more than the 8 years that one of his co-conspirators already received. So a sentence somewhere between 8 to 10 years would be reasonable and is what I expect.
Concerned-1 wrote on Jul 19, 2007 8:29 AM:I agree 100 percent with AW4. These trials are an insult to our men on the front lines.
CombatVet wrote on Jul 19, 2007 8:54 AM:I'm so sick of hearing the goverment refer to this man as Hashim Awad. These guys could have killed Usama Bin Laden for all they know. They did what was necessary to survive and Sgt Hutchins brought his men home alive. Lets not forget that HM3 bacos plead guilty to the same charges Cpl Thomas was convicted of and has been out of jail since march!Good luck Cpl Thomas youre a hero.
CombatVet wrote on Jul 19, 2007 8:55 AM:I'm so sick of hearing the goverment refer to this man as Hashim Awad. These guys could have killed Usama Bin Laden for all they know. They did what was necessary to survive and Sgt Hutchins brought his men home alive. Lets not forget that HM3 bacos plead guilty to the same charges Cpl Thomas was convicted of and has been out of jail since march!Good luck Cpl Thomas youre a hero.
Rambo wrote on Jul 19, 2007 8:58 AM:Our ungrateful country never ceases to amaze me!!! Let’s bring our troops home and nuke Iraq. Show them who is boss. This will make liberals happy because our troops are home and conservatives happy because we won the war. It’s a win-win!!!! DID I MENTION FREE OIL……HAHA!!!
Tony wrote on Jul 19, 2007 9:01 AM:There is no honor in shooting an unarmed man to death. Its called an execution.
cm wrote on Jul 19, 2007 9:12 AM:I agree that there should never have been a trial. We are over there losing our soldiers for what? They dont have a problem killing our soldiers everyday. They deal with more stress than any of us will ever know, seeing their buddies die in front of them, not knowing if they will make it out alive. Give them a break they are serving us for years at a time. Let them just be with their family, life is too short.
CombatVet wrote on Jul 19, 2007 9:14 AM:I'm so sick of hearing the goverment refer to this man as Hashim Awad. These guys could have killed Usama Bin Laden for all they know. They did what was necessary to survive and Sgt Hutchins brought his men home alive. Lets not forget that HM3 bacos plead guilty to the same charges Cpl Thomas was convicted of and has been out of jail since march!Good luck Cpl Thomas youre a hero.
CombatVet wrote on Jul 19, 2007 9:15 AM:I'm so sick of hearing the goverment refer to this man as Hashim Awad. These guys could have killed Usama Bin Laden for all they know. They did what was necessary to survive and Sgt Hutchins brought his men home alive. Lets not forget that HM3 bacos plead guilty to the same charges Cpl Thomas was convicted of and has been out of jail since march!Good luck Cpl Thomas youre a hero.
Marie-ATT wrote on Jul 19, 2007 9:46 AM:I'm thankful that he was aquitted of the most serious crime. Trent's family is holding on, and holding out for the final say. It's not over, yet. We are hanging strong and believing that time will tell all. We know that "thy will be done". Trent's family and friends in the STL suppports him dearly.
Goatskukll to Tony wrote on Jul 19, 2007 10:05 AM:You are so right. I can't stand all these supporters saying that one needs to be in their shoes to understand. That is a load of crap. Thousand of military personnel are in their shoes yet you don't hear about these kinds of situations. Thomas is a thug and nothing else.
Marie---ATT wrote on Jul 19, 2007 10:25 AM:The Family & Friends of Trent in the STL is supporting him whole heartely. We will stand by him no matter what the outcome. We're happy to know that he's not charged with the most serious crime. Our continued prayers.
Daniel wrote on Jul 19, 2007 10:59 AM:Ruth, Let she who is without sin cast the first stone. Ooops, too late.
Hank to Goatskukll wrote on Jul 19, 2007 11:21 AM:Im shocked at what you are saying! Who are you to judge these men? DO you have any clue what its like over there? Have you ever been in combat? I highly doubt it. You sound like just another ignorant person. And if you have been to Iraq or any other combat zone you would realize that war is not pretty it is brutal and its about survival. I believe these men did what they needed to do to survive. There are so many things that happen over there that the public doesnt need to know about. And these so called "inhuman" things are what keep you and I safe at home.
John1 to Goatskull wrote on Jul 19, 2007 11:28 AM:Goat, actually very few as a pct are "in their shoes". Most of the personnel in Iraq are not combat infantry. I think more goes on than is published, because war is brutal and not the surgical operation you'd hope it would be.
AW4cryinoutloud wrote on Jul 19, 2007 11:29 AM:To Ruth: Your comments illustrate your ignorance and places 'your' judgment above that of the GOD in whom you profess to believe. Problem is; Are we all not sinners? Did not your GOD send His Son to suffer tortures and give His life for all of us? How soon the Self-Righteous seem to forget!
AW4cryinoutloud wrote on Jul 19, 2007 11:57 AM:To Tony and Goatskull: When you read of the enemy torturing and slaughtering our own, do you blog and show your outrage for that, or could you care less about trying to imagine walking in the shoes of our troops? If you want to whine about thugs and executions, then put the blame where it originates...the TERRORISTS!!!
Goatskull to Hank wrote on Jul 19, 2007 12:00 PM:These guys went into a home, took this guy away, blind folded him, then shot him, then planted an AK47 on him to make him look like an insurgent. If they really thought he was an insurgent then why didn't they just take him out right on the spot. Sorry I still dont buy the "you had to be there".
To AW4 wrote on Jul 19, 2007 12:13 PM: YOU of all people dare to speak about self-righteousness and judgment??? Do me a favor and re-read your remarks and then apply it to yourself. You belittle, condescend, and disrespect anyone who holds a different opinion than yours. THAT, my friend is ignorance!
To AW4 wrote on Jul 19, 2007 12:18 PM:YOU of all people dare to speak about self-righteousness and judgment??? Do me a favor and re-read your remarks and then take your own advice. You belittle, condescend, and disrespect anyone who holds a different opinion than yours. THAT, my friend is ignorance!
Making the criminal the victim wrote on Jul 19, 2007 12:49 PM:Typical American tactic, make the criminal a victim. Our society no longer accepts any responsibility for their behavior. This Marine helped kidnap and kill an innocent man. Because of an official cover-up the victim is not clearly identified. This makes the offending Marines heroes? Political correctness gone mad!!!!!
Ruth wrote on Jul 19, 2007 1:00 PM:Those of you who are accusing me of judging are actually the ones, you have judged his innocence in spite of his confession to the crime! Hopefully, someday you will punished for your part in this as well.
Resorting to Religion wrote on Jul 19, 2007 2:39 PM:These Bush cheerleaders, most notablly AW4cryinoutloud, are huge hypocrites. I am not a man of the cloth, but even my rudimentary knowledge of Christianity tells me that Jesus would not condone what is going on in Iraq. Amazing, just amazing
best wishes wrote on Jul 19, 2007 3:14 PM:Thomas - Good luck with your sentencing. We will hope for a pardon.
conspiracy? wrote on Jul 19, 2007 3:38 PM: I guess murdering an innocent Iraqi (former policeman) by dragging him out of his house and shooting him to death in a hole in the ground is only "conspiracy to commit murder" if done in Iraq. Do something like that in Oceanside and I guarantee you will spend the rest of your miserable life in prison.
Solomon wrote on Jul 19, 2007 3:42 PM:I just want to thank the posters of 12:13; 12:18;1:49, 1:00 and 2:39 for standing up against the mindless ranting of those who put honor and ethics somewhere below their "oohrah" bravado. The findings that Thomas and his co-conspirators, plotted, and kidnapped and shot a sleeping man who was in no way a combatant, and then lied over and over again--is nothing congratulate. It is hardly America at its best! There are some real heroes out there; these ain't them!
AW4cryinoutloud wrote on Jul 19, 2007 3:54 PM:To 12:13 and 12:18PM. Gee, the truth must hurt. Although I heard that the truth should make you free! Oh! Excuse me; I see how it works now. Ruth can pass her self-righteous mumbo jumbo on our Marines and make an outrageous remark such as, " Get yourself some skin lotion...etc. and that is not sel-righteous, condescending, belittling, or disrespectful? Give it a rest. You can't handle the truth and you resent the crap out of hearing it. THAT is ignorance...and I am NOT your friend!!!
AW4cryinoutloud wrote on Jul 19, 2007 4:19 PM:To the post at 12:49PM: "Typical American Tactic"? Where the heck are you from? Did you not read that the court disallowed anyone to use the name Awad because there was NO proof of who the deceased may have been? So, how can you say the deceased was innocent? That's the problem. The prosecution's case was built on the charge that Hashim Ibrahim Awad was killed. In a civilian court this would be a legal technicality and probably thrown out. If this government can grant habeas corpus to a legal resident of the U.S. (NOT an American citizen) who is a Gitmo detainee and release him because he was denied the Constitutional right to face his accusers, then what about the rights of AMERICANS? What about the rights of OUR MARINES? They are American citizens. Their rights were denied them in Iraq and here at home. Where's the outrage over that? Where do you get the idea that there was an official cover-up of the identity of the deceased? If that is true; the only ones to benefit would be NCIS and the prosecution, who haven't Proven a cottonpickin' thing. When will they release the classified info on Awad, the oh so innocent Iraqi? Geeeeze!
Concerned-1 wrote on Jul 19, 2007 4:40 PM:Goatskull, Tony, Ruth et.el. You are making assumptions just like everyone else here. None of us know exactly what went on. We have based opinions on what has been reported. Now if Resorting to Religion and the rest of you quackers (yes like a duck) want to assume Awad was an innocent man and we murdered him, go ahead. The thing is your mentality is what will make us so weak and indefensible that we won't have a chance in war. Quack, quack, quack!
AW4cryinoutloud wrote on Jul 19, 2007 4:50 PM:To Resorting to Religion: Whose comments have you been reading? Did you get in on this late or something? I am no Bush cheerleader. Defending the rights of our Marines doesn't mean that one is cheerleading for the administration. At the same time, I don't go off on a wild tangent with vile insults against my President, no matter who he may be. I had zero respect for Clinton; charmer though he may be, but never called him the things I've read on these blogs. As for what Jesus would condone...the Jesus I know of is forgiving. If demanding that these Marines be given the benefit of the doubt, NOT be denied all rights afforded to them under the Constitution and the UCMJ, be "proven" guilty of killing someone who no one can prove whether he was or not (legal technicality) and even later comes out that it was the insurgent cousin of Gowad; then, have at it and call me a hypocrite. Bully for you. I'll take it as a compliment from one who knows how to Represent!
No sin... wrote on Jul 19, 2007 6:33 PM:NO sin is greater than another. God judges the murderer the same way he judges the liar. Even a "little white lie" is a sin. Think about that before you talk about how God will judge this man. The same God judging him is the same God judging you!!
To AW4cryinoutloud wrote on Jul 19, 2007 6:49 PM:There you go again - you really need to find a job and quit criticizing everyone. You do this everyday in the NCT. If you don't want to work, at least change your name so you are not so recognizable! God bless you and good luck with your job!
AW4cryinoutloud wrote on Jul 19, 2007 9:01 PM:To the nameless one at 6:49PM: Dude; how do you know whether or not I have a job? I'm an artist. Maybe I can name my own hours. If I do this every day and you don't like it, don't read it. What! Do you like to suffer? If so, there's a lot more where that came from. Why change my name? To satisfy you? More reason to NOT change my name. FYI! I don't need or want your blessing. I'll ask for that from a Higher Authority. I have a feeling anything you blessed would fall on deaf ears because it wouldn't be sincere. I also don't need or want your luck with "any"thing. It also would fall on deaf ears.
John1 to conspiracy? wrote on Jul 19, 2007 9:12 PM:Well, the judge in the case determined the prosecution did not prove Awad was the supposed victim. And even so, in that part of Iraq, most of the "police" were the Mukrabat, the secret police.
John1 to Ruth wrote on Jul 19, 2007 9:17 PM:Ruth, Why do you wish punishment for those who wish Thomas well? That does not seem to me to be the teaching of Christ.
To Ruth wrote on Jul 19, 2007 10:55 PM:Who are you to judge which of these Marines have or don't have salvation? That's not your place, huh? JUDGE NOT LEST YOU BE JUDGED!!! They might need lotion, I won't make that call. But I will suggest that you buy yourself a very nice cushioned chair, becaue you're going to be sitting a long time recieving your judgement!
US CITIZEN wrote on Jul 20, 2007 8:56 AM:We don't care that the soldiers may have executed an Iraqi. The bottom line is that he was a US soldier and the decedent was an IRAQI! I'm always for the US soldier. Who cares about the Iraqi?
Grafitti wrote on Jul 20, 2007 9:09 AM: AW4's comments are like Grafitti; you wish they weren't there but sometimes you find yourself reading them, and when you do you never learn anything.
AW4cryinoutloud wrote on Jul 20, 2007 11:06 AM:Graffiti: Tiny little pieces of something that is useful for nothing more than making a tremendous mess to clean up.
AW4cryinoutloud wrote on Jul 20, 2007 11:23 AM:To Grafitti: I have sympathy for your admitted lack of capacity to never learn anything from my comments. Perhaps less time spreading 'grafitti' and more time paying attention would help.
Coffeefiend wrote on Jul 20, 2007 2:55 PM:Ruth, you make me ashamed to be a woman today. Please don't continue to expend your energies in condemning Trent to hell - first off, God does that and not you. Please expend your energies to do something to help the troops instead. If I recall my scriptures correctly, there are some certain verses pertaining to loud, brawling women making trouble in the streets. We as women should aspire to better than that.
AW4cryinoutloud wrote on Jul 21, 2007 2:03 PM:To Grafitti: Because I didn't do what I accused you of; Pay attention! That's the only reason I can think of. Want to change your name to Confetti? It would make me feel better. Now there's a laugh. I'm sure you'll trip all over yourself trying to make "me" feel better. Regardless; believe it or not, I got a hoot when I read your question that posted at 9:39AM today. AW4.
Confetti wrote on Jul 22, 2007 5:58 AM:Anything to oblige AW4--now don't go all to "pieces and make a tremendous mess to clean up".
AW4cryinoutloud wrote on Jul 22, 2007 12:21 PM:To Confetti: Thanks! That was nice. I'll try not to go all to pieces and make a 'tremendous'? mess to clean up. Just a little mess. I'd better quit while I'm behind. AW4.
Confetti/Graffiti wrote on Jul 22, 2007 2:20 PM:We can be nice! You and I almost always disagree to the nth degree but we can still be nice.
Ruth, in the bible a Godly woman. wrote on Jul 23, 2007 8:46 AM:Ruth, even if it were murder, God can still forgive. You have no right to judge anything, none of us do and must resist the urge. In God's eyes, murder, lying, coveteousness etc. are all the same. You don't know your bible if you don't know this is true. You should be praying for others, not judging.
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