Directories
Quick Searches
Find a Job
Quick Search
For Employers
Yahoo! HotJobs Local Search
Trial underway for Hamdania Marine
By: MARK WALKER Staff Writer | ∞
CAMP PENDLETON ---- A Marine corporal was described Monday as a reluctant participant in the April 2006 abduction and shooting death of an Iraqi civilian, an incident that led to charges of murder and kidnapping for he and several other Marines.
Attorney Joseph Low told a six-member military jury that Cpl. Marshall Magincalda was hesitant about the plan that led to the killing of 52-year-old Hashim Ibrahim Awad in the spring of 2006. Magincalda's military trial began on Camp Pendleton Monday morning.
A veteran of three Iraq deployments, Low said Magincalda refused to take part in the shooting of the retired Iraqi policeman but acknowledged the 24-year-old native of Manteca, Calif., did help stage the killing scene to make it appear that Awad was an insurgent.
"He said 'I ain't gonna do it,'" Low said of Magincalda's refusal to take part in the actual shooting of the Iraqi.
But the prosecutor, Maj. Donald Plowman, told the panel members that Magincalda played a key role in planning the killing and took part in virtually all of its elements, including attempts to cover it up when confronted by investigators after the slain man's family complained to military authorities.
"He helped kill this man and then he lied about it," Plowman said during the prosecution's opening statement in Magincalda's hearing, which was conducted inside a small base courtroom. "Justice will demand you find the accused guilty of all the charges."
Magincalda is the second man from the Kilo Company 1st squad, 2nd platoon from Camp Pendleton's 3rd Battalion, 5th Marine Regiment to take his case to trial.
Five other men, four Marines and a Navy medical corpsman, struck plea deals and received sentences ranging from one to eight years behind bars.
A sixth defendant, Cpl. Trent Thomas, was found guilty by a military jury last week of conspiracy to commit murder and related offenses. Though prosecutors asked for a sentence of 15 years in a military prison, the jury instead gave Thomas a bad conduct discharge and reduction in rank.
Like his squad mates, Magincalda is charged with murder, conspiracy, kidnapping, housebreaking, larceny and making a false official statement for the incident that took place in the village of Hamdania northwest of Baghdad. He faces a possible life prison sentence if convicted of murder.
The holder of a Purple Heart for a wound he suffered during a 2004 battle in Fallujah, Magincalda is accused of distributing spent shell casings from a stolen AK-47 rifle around Awad's body in the early morning hours of April 26 to make it appear he had fired at the troops.
Magincalda's trial is expected to last through the middle of next week.
On Tuesday, jury selection begins in another base courtroom for the squad leader, Sgt. Lawrence Hutchins.
See Tuesday's North County Times for more on the start of the Magincalda trial.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
More Stories
Advertisement
Marie---ATT wrote on Jul 23, 2007 1:23 PM:As did Cpl. Thomas. "You must also "hold on" and "hold out". The end is not here,yet. Keep the faith and be strong. I am praying for you.
Troop Supporter wrote on Jul 23, 2007 2:39 PM:To Cpl. Magincalda, Leanne, family and friends and loved ones - my thoughts and prayers are with you all. Keep looking up. Leanne - we've "met" through some shared sites. There are many who are holding you and Marshall in thoughts and prayers.
Cynic wrote on Jul 23, 2007 3:40 PM:I have given up hope that there will be any justice for the Pendleton co-conspirators. Even when a jury found Thomas guilty--they didnt have the moral fortitude to consider punishing him. Why should we expect anything more in this trial. I had hoped that our side might be just a notch above the head chopping jihadists, but not to be--we have met the enemy and they are us.
To Cynic wrote on Jul 23, 2007 5:18 PM:Don’t know who you met, but the enemy is NOT Cpl. Magincalda, Sgt Hutchins or Cpl. Thomas. True justice for the P8 would have been to end this thing months ago by letting them all out of brig and dropping the charges. If the Marines are not allowed to do their jobs in war then you can get used to a lot more of the head chopping jihadists, there and here. Chop chop or OOHRAH
AW4cryinoutloud wrote on Jul 23, 2007 6:58 PM:To Cynic: What the jury had was the intelligence to see through the incompetent, coercive, and suspicious practices of NCIS and their lack of any Proof of their accusations; not even the identity of the deceased. Even though NCIS denied these Marines their rights in Iraq and had completed what it 'referred to' as an investigation before the end of May, 2006, the Corps' put these Marines in solitary confinement in shackles for three weeks and classified them as violent. Even though no charges had been brought and they were supposed to be considered innocent unless proven otherwise, they were degraded, denied proper medical treatment, coerced, and had their benefits taken away while imprisoned. Even though the media, Murtha, and 'their own' never gave them the benefit of the doubt but leaked every negative, UNproven piece of information they could; tarnishing their chance for any fair trial, devastating their reputations and their careers and financially and emotionally devastating the lives of their families, and after serving more than a year of living hell in the Brig...YOU don't think they've been punished??? You act like they were accused yesterday and hadn't suffered anything. Where have you been? They've paid More than the price for the screw-ups of their leaders. You said you hoped 'our side' might be a notch above the jihadists? Since that's the way you feel, I'd be glad to take up a collection for a one way ticket for you to Iraq, but you have to give up everything you have here, everything you've been able to enjoy because the very Marines you want to see persecuted fought for your right to do so.
1 out, 7 to go wrote on Jul 23, 2007 7:01 PM:Stay strong Marshall, we're supporting you!! I'll be praying for your freedom, just as I did for Trent. God will see you through!
John1 to Cynic wrote on Jul 23, 2007 7:19 PM:Cpl Magincalda is a medaled HERO and you are not worthy to lace his boots. The jury for Cpl Thomas showed courage and true Marine values in their decision. All are combat veterans and 1 has a Navy Cross. Let's hope Magic's attorney was able to secure a similarly courageous jury panel for his client!
War is Hell wrote on Jul 23, 2007 8:59 PM:What happens in war and in the fog of war is alien to civilians. I trust that these well trained Marines did what was appropriate in a war zone. Who do you trust when the enemy is surrounding you? You trust leadership and your squad mates. Otherwise you are a dead man. God willing, here's to a quick release of Cpl. Magincalda!
Military justice wrote on Jul 23, 2007 10:20 PM:What is the point? The military will just let him go free.
to aw4everwhining wrote on Jul 24, 2007 10:11 AM:blah, blah,Put a lid on it! Same old post over and over again! If you can't think of something new to say, then don't say anything! How annoying!
- FALLBROOK: Mom arrested after teen party says she did nothing wrong (13878)
- TEMECULA: Hillside fire prompts evacuations (10223)
- CARLSBAD: Boy who died after drinking was San Marcos student (7964)
- ENCINITAS: Hostess of Busby fundraiser pepper-sprayed, arrested (5459)
- OCEANSIDE: Airport could pose barrier for Bolts (4276)
Advertisement