REGION: Two years after a killing in Hamdania

Four 'Pendleton 8' troops remain in uniform; squad leader is only man behind bars
This story has been corrected since its original posting

By TERI FIGUEROA - Staff Writer | Monday, April 21, 2008 2:13 PM PDT ∞

Two years after killing the neighbor of a suspected insurgent in the Iraqi village of Hamdania, seven of the eight Camp Pendleton troops who were found guilty of crimes related to the incident walk free.

Four are still in uniform, and one of that group is back serving in Iraq.

For all but one of the men, it's been a long journey from the jail shackles and premeditated murder charges that once confronted the group whose supporters dubbed them the "Pendleton 8."

The only man who remains jailed is former Sgt. Larry Hutchins III. Hutchins is serving a 15-year sentence after being convicted by a military jury of leading the squad from Camp Pendleton's 3rd Battalion, 5th Marine Regiment in the killing.

Hutchins' father, also named Larry Hutchins, said during a telephone interview last week that he has mortgaged his house to pay for his son's defense and the continuing efforts to win his freedom.

The elder Hutchins, who lives in Massachusetts, said he spends his days worrying about his son and doing what he can to lobby for clemency.

"There's not a day that goes by that we don't think about it," he said.

Leanne Magincalda, stepmother of one of the men, said in an e-mail that the lives of the troops and their families have been "altered irreversibly by this case," and she pointed to financial and emotional distress.

Carrying out the plan

It was two years ago that the seven Marines and the Navy medic assigned to their squad sat in a palm tree grove in the Anbar province village and agreed to a plan, according to court testimony.

The plan was this, the testimony revealed: Seize a man widely believed to be an insurgent, kill him and then stage the scene to cover it up. Lie about it when other Marines come around to investigate.

Hours later, after 2 a.m. on April 26, 2006, they carried out the plot, the court testimony showed.

Four of the eight, Marines Trent Thomas, Marshall Magincalda, Robert Pennington and the medic, Melson Bacos, went to find their original target. When they discovered that man wasn't home, they grabbed his neighbor, a father of 11 later identified as Hashim Ibrahim Awad, several of the men testified during court hearings.

They hustled Awad down a road to a crater left by a roadside bomb. They tossed him in and tied him up as he fought back, according to the testimony.

Then the four troops cleared out of the way.

The other Marines lined up and Hutchins gave the command to fire, according to the testimony. After Hutchins confirmed Awad was dead by shooting him twice more in the head, a shovel and an AK-47 were placed next to his body to make it appear he was planting a roadside bomb.

When Awad's family complained, an investigation was launched. Within days, the eight men were put on a plane out of Iraq.

Hours after arriving back at Camp Pendleton, the men were jailed in the base brig in individual cells and shackled when released to meet with attorneys or to be led to an exercise area.

Awad's death came on the heels of tough questions raised about a deadly assault in the Iraqi city of Haditha just months earlier, in which 24 Iraqis, many of them women and children, were shot to death by a different group of local Marines in November 2005.

The Marine Corps was under fire for not investigating the Haditha deaths more thoroughly. Then Awad was killed.

The allegations of what happened in Hamdania and the jailing of the eight young men put them in an international spotlight. Supporters routinely rallied at the base's main gate, demanding they be released and arguing the incident was a battlefield killing and not a crime.

Automatic appeals

Within months, five of the accused men ---- members of the 2nd platoon of Kilo Company ---- pleaded guilty to a variety of reduced charges related to the killing. The three who held out for trial were convicted.

The juries that convicted two of the men also ruled they should be released from custody. Juries in military court, not judges, decide the punishment for anyone they convict.

Except for Hutchins, none of the eight served more than 15 months behind bars, thanks to a combination of clemency and the plea deals resulting in short sentences.

By early August 2007, seven were free. Their cases, however, are not over. Each has been subject to review by Lt. Gen. Samuel Helland, commander of the I Marine Expeditionary Force at Camp Pendleton and head of Marine Corps Forces in the Middle East.

Earlier this month, Helland met with Hutchins' family members and attorneys who continue to seek his release or a reduction in his sentence.

As the convening authority over the case, Helland decides whether to accept the punishments handed down by the courts or grant clemency. A final decision from Helland on each man's case has not yet been announced.

Meanwhile, chatter over Hamdania continues off the Marine base with Internet stories and blogs calling into question all aspects of the investigation and the evidence.

Moving on

In the swirl of it all, most of the accused are moving on.

Some of the men didn't have to leave the service. When it came time for sentencing, most told the court they didn't want a discharge.

John "J.J." Jodka of Encinitas, Tyler Jackson and Bacos remain on active duty at Camp Pendleton, according to Marine Corps spokesman Lt. Col. Sean Gibson. All are working out of Headquarters Battalion, 1st Marine Division.

Jerry Shumate also is on active duty and has been back in Iraq since January. His job description there was not immediately available, Gibson said.

Magincalda was given an honorable discharge and has left the service, Gibson said.

Two of the men ---- Thomas and Pennington ---- are in a sort of limbo, not officially out of the Marine Corps but not working for or getting paid by the service as their cases work through the review and appellate process. A discharge was part of their sentence, and both are on unpaid leave pending further court action, Gibson said.

Erica Thomas, the wife of Trent Thomas, who was allowed to withdraw a guilty plea and was ultimately convicted by a jury, said in an e-mail that her family is doing well. The couple, who now live in San Bernardino County, have a preschooler and an infant.

And Pennington, who also is living in Southern California, is OK and "figuring out how to live after being on active duty for five years," said his attorney, Carlsbad's David Brahms. "He's got his head screwed on straight. He's bright, talented and charming beyond belief."

Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.

Correction: This story misstated the type of discharge received by a former Marine convicted in the 2006 death of an Iraqi man in Hamdania.

Marshall Magincalda received an honorable discharge from the Marine Corps.

We apologize.