By: MARK WALKER, DAVID STERRETT, WILLIAM FINN BENNETT and TERI FIGUEROA - STAFF WRITERS | Posted: Wednesday, June 21, 2006 12:00 am
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CAMP PENDLETON -- Marine Corps officials announced this
afternoon that seven Marines and a Navy Corpsman will face charges
on everything from murder and kidnapping to assault and obstruction
of justice in connection with the alleged April 26 kidnapping and
killing of an Iraqi civilian in the town of Hamdania.
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The Marines now face further pre-trial investigation and a
possible court martial on the charges. If convicted, some face the
death penalty.
In a 1 p.m. news conference at Camp Pendleton, Marine officials
announced the names of the accused and the following charges:
Sgt. Lawrence G. Hutchins III is charged with one count each of
conspiracy, kidnapping, murder, larceny, assault, house breaking,
obstruction of justice, and three counts of making false official
statements.
Cpl. Trent D. Thomas is charged with one count each of
conspiracy, murder, kidnapping, false official statements, larceny,
assault, house breaking and obstruction of justice.
Hospitalman 3rd Class Melson J. Bacos is charged with one count
each of conspiracy, murder, kidnapping, false official statements,
larceny, assault, house breaking, obstruction of justice.
Lance Cpl. Tyler A. Jackson is charged with one count each of
conspiracy, murder, larceny, assault, house breaking kidnapping and
obstruction of justice.
Pfc. John Jodka is charged with one count each of conspiracy,
murder, kidnapping, false official statements, larceny, assault,
house breaking and obstruction of justice.
Lance Cpl. Jerry E. Shumate Jr. is charged with one count each
of conspiracy, murder, kidnapping, larceny, assault, house breaking
and obstruction of justice
Lance Cpl. Robert B. Pennington is charged with one count each
of conspiracy, murder, kidnapping, larceny, assault, house breaking
and obstruction of justice.
Cpl. Marshall L. Maginacalda is charged with one count each of
conspiracy, murder, kidnapping, false statements, larceny, assault,
house breaking and obstruction of justice.
The charges are all related to the death of 52-year-old Iraqi
man Hashim Ibrahim Awad al-Zobaie.
Witnesses in Iraq have claimed he was taken from his home and
executed and that the killing scene was then staged with a shovel
and an AK-47 assault rifle to make it appear he was planting a
roadside bomb when shot.
The Naval Criminal Investigative Service has headed up the probe
of the eight members from Kilo Company of the 3rd Battalion, 5th
Marine Regiment.
Family members and lawyers for the men proclaimed the troops'
innocence after the charges were announced.
"They were out there just doing their job," said Maj. Haytham
Faraj, a military lawyer for Thomas, a corporal who was on his
third tour to Iraq when the incident took place. "They were on a
mission and following orders and procedures."
Terri Jackson, mother of Lance Cpl. Tyler Jackson, called the
charges "ridiculous."
"I'm trying to hang in there," she said in a phone interview.
"I'm pretty appalled. It shouldn't have gone this far."
Jackson, who said she'd hoped the Marines and corpsman would be
released today instead of charged, said she visited her son in the
brig over the weekend.
"He's doing OK," she said. "He knows he's innocent. It's tough
to be locked up when you know you are innocent."
In a mid-day interview from Washington, U.S. Rep. Duncan Hunter,
R-El Cajon stressed, that filing charges in no way implies that the
men are guilty.
"While this is an important development … the Marines cautioned
that this is the start of a process, not the end of one, and it
does not carry with it any presumption of guilt."said Hunter, who
serves as chairman for the House Armed Services Committee. "
By 10:30 Wednesday morning dozens of reporters and television
crews were cued up at the main gate to Camp Pendleton, in
Oceanside, as they waited for the start up of an afternoon news
conference where the news of charges were expected. Pendleton
officials said they were expecting as many as 150 reporters to
attend the news conference.
At noon, Marine officials provided reporters with an outdoor
briefing on military justice in front of the headquarters for I
Marine Expeditionary Force at Camp Pendleton.
Jane Siegel, one of two private attorneys hired by the family of
Pfc. John Jodka III of Encinitas, said before the charges were
announced, she she understood some or all of the men would face
homicide charges.
"I was relatively sure that when charges came out that this is
what they would be," Siegel told the North County Times. "I am
really disappointed because I just don't think they have had the
kind of investigation that justifies these kinds of charges."
Siegel, a retired Marine colonel who spent 23 years as an
attorney in the Judge Advocate General corps, said that a charging
decision gives her and her 20-year-old client "something we can now
work with."
Another mother who asked not to be identified said the
investigators have believed the family of the slain man and not the
troops.
"This is so much bigger than the guys sitting in the brig," she
said. "This shows that al-Qaeda and the Taliban can use the media
and our emotions against us. They are turning American against
Americans."
In a telephone interview from her home in Washington state,
Deanna Pennington, mother of Lance Cpl. Rob Pennington, said
Wednesday that her family had been expecting the Marine Corps to
announce charges. Her son remains undaunted by the latest
development, Pennington said.
"I spoke with Rob today and he's doing well -- he understands
that this was something the military needed to do," Pennington
said. "He said, ' Mom, everything is going to be fine.' We are very
hopeful and are trying to remain strong."
The eight have been in the Pendleton brig since being returned
from Iraq on May 24. Prior to that, the group was detained at Camp
Fallujah.
The body of al-Zobaie was taken to Dover Air Force Base in
Delaware two weeks ago for an autopsy and forensic examination, the
results of which have not been disclosed.
The men in the brig were held as maximum security detainees
until Thursday, when the Marine Corps changed their status to
medium custody and authorized the removal of shackles they had been
forced to wear when in the brig exercise yard and meeting with
family members and attorneys.
The Associated Press contributed material used in this
report.
Recent Reports
Charges
Filed
Sergeant Lawrence G.
Hutchins III
Charge I: Violation of the UCMJ,
Article 81 (Conspiracy) Specification: Conspired to commit Larceny,
Housebreaking, False Official Statements, Kidnapping, Murder,
Obstruction of Justice
Charge II: Violation of the UCMJ,
Article 107 (False Official Statement x 3) Specification 1: False
Official Statement Specification 2: False Official Statement
Specification 3: False Official Statement
Charge III: Violation of the UCMJ,
Article 118 (Murder) Specification: Did with premeditation, murder
Hashim Ibrahim Awad
Charge IV: Violation of the UCMJ,
Article 121 (Larceny) Specification: Stole a shovel and an AK-47
assault rifle
Charge V: Violation of the UCMJ,
Article 128 (Assault) Specification: Unlawfully force Hashim
Ibrahim Awad to the ground and bind his hands and feet Charge VI:
Violation of the UCMJ, Article 130 (Housebreaking) Specification:
Unlawfully enter a dwelling, the property of Hashim Ibrahim Awad,
with the intent to commit a criminal offense, to wit: kidnapping,
therein
Charge VII: Violation of the UCMJ,
Article 134 (General Article) Specification 1: Did willfully and
wrongfully seize and hold Hashim Ibrahim Awad against his will
(Kidnapping) Specification 2: Did wrongfully endeavor to impede an
investigation (Obstruction of Justice) Specification 3: Did
wrongfully endeavor to impede an investigation (Obstruction of
Justice)
Corporal Trent D. Thomas,
U.S. Marine Corps
Charge I: Violation of the UCMJ,
Article 81 (Conspiracy) Specification: Conspired to commit Larceny,
Housebreaking, False Official Statements, Kidnapping, Murder,
Obstruction of Justice
Charge II: Violation of the UCMJ,
Article 107 (False Official Statement) Specification: False
Official Statement
Charge III: Violation of the UCMJ,
Article 118 (Murder) Specification: Did with premeditation, murder
Hashim Ibrahim Awad
Charge IV: Violation of the UCMJ,
Article 121 (Larceny) Specification: Stole a shovel and an AK-47
assault rifle
Charge V: Violation of the UCMJ,
Article 128 (Assault) Specification: Unlawfully force Hashim
Ibrahim Awad to the ground and bind his hands and feet
Charge VI: Violation of the UCMJ,
Article 130 (Housebreaking) Specification: Unlawfully enter a
dwelling, the property of Hashim Ibrahim Awad, with the intent to
commit a criminal offense, to wit: kidnapping, therein
Charge VII: Violation of the UCMJ,
Article 134 (General Article) Specification 1: Did willfully and
wrongfully seize and hold Hashim Ibrahim Awad against his will
(Kidnapping) Specification 2: Did wrongfully endeavor to impede an
investigation (Obstruction of Justice)
Hospitalman Third Class
Melson J. Bacos
Charge I: Violation of the UCMJ,
Article 81 (Conspiracy) Specification: Conspired to commit Larceny,
Housebreaking, False Official Statements, Kidnapping, Murder,
Obstruction of Justice
Charge II: Violation of the UCMJ,
Article 107 (False Official Statement) Specification: False
Official Statement
Charge III: Violation of the UCMJ,
Article 118 (Murder) Specification: Did with premeditation, murder
Hashim Ibrahim Awad
Charge IV: Violation of the UCMJ,
Article 121 (Larceny) Specification: Stole a shovel and an AK-47
assault rifle
Charge V: Violation of the UCMJ,
Article 128 (Assault) Specification: Unlawfully force Hashim
Ibrahim Awad to the ground and bind his hands and feet
Charge VI: Violation of the UCMJ,
Article 130 (Housebreaking) Specification: Unlawfully enter a
dwelling, the property of Hashim Ibrahim Awad, with the intent to
commit a criminal offense, to wit: kidnapping, therein
Charge VII: Violation of the UCMJ,
Article 134 (General Article) Specification 1: Did willfully and
wrongfully seize and hold Hashim Ibrahim Awad against his will
(Kidnapping) Specification 2: Did wrongfully endeavor to impede an
investigation (Obstruction of Justice)
Lance Corporal Tyler A.
Jackson
Charge I: Violation of the UCMJ,
Article 81 (Conspiracy) Specification: Conspired to commit Larceny,
Housebreaking, False Official Statements, Kidnapping, Murder,
Obstruction of Justice
Charge II: Violation of the UCMJ,
Article 118 (Murder) Specification: Did with premeditation, murder
Hashim Ibrahim Awad
Charge III: Violation of the UCMJ,
Article 121 (Larceny) Specification: Stole a shovel and an AK-47
assault rifle
Charge IV: Violation of the UCMJ,
Article 128 (Assault) Specification: Unlawfully force Hashim
Ibrahim Awad to the ground and bind his hands and feet
Charge V: Violation of the UCMJ,
Article 130 (Housebreaking) Specification: Unlawfully enter a
dwelling, the property of Hashim Ibrahim Awad, with the intent to
commit a criminal offense, to wit: kidnapping, therein
Charge VI: Violation of the UCMJ,
Article 134 (General Article) Specification 1: Did willfully and
wrongfully seize and hold Hashim Ibrahim Awad against his will
(Kidnapping) Specification 2: Did wrongfully endeavor to impede an
investigation (Obstruction of Justice)
Private First Class John J.
Jodka
Charge I: Violation of the UCMJ,
Article 81 (Conspiracy) Specification: Conspired to commit Larceny,
Housebreaking, False Official Statements, Kidnapping, Murder,
Obstruction of Justice
Charge II: Violation of the UCMJ,
Article 107 (False Official Statement) Specification: False
Official Statement
Charge III: Violation of the UCMJ,
Article 118 (Murder) Specification: Did with premeditation, murder
Hashim Ibrahim Awad
Charge IV: Violation of the UCMJ,
Article 121 (Larceny) Specification: Stole a shovel and an AK-47
assault rifle
Charge V: Violation of the UCMJ,
Article 128 (Assault) Specification: Unlawfully force Hashim
Ibrahim Awad to the ground and bind his hands and feet
Charge VI: Violation of the UCMJ,
Article 130 (Housebreaking) Specification: Unlawfully enter a
dwelling, the property of Hashim Ibrahim Awad, with the intent to
commit a criminal offense, to wit: kidnapping, therein
Charge VII: Violation of the UCMJ,
Article 134 (General Article) Specification 1: Did willfully and
wrongfully seize and hold Hashim Ibrahim Awad against his will
(Kidnapping) Specification 2: Did wrongfully endeavor to impede an
investigation (Obstruction of Justice)
Lance Corporal Jerry E.
Shumate Jr.
Charge I: Violation of the UCMJ,
Article 81 (Conspiracy) Specification: Conspired to commit Larceny,
Housebreaking, False Official Statements, Kidnapping, Murder,
Obstruction of Justice
Charge II: Violation of the UCMJ,
Article 118 (Murder) Specification: Did with premeditation, murder
Hashim Ibrahim Awad
Charge III: Violation of the UCMJ,
Article 121 (Larceny) Specification: Stole a shovel and an AK-47
assault rifle
Charge IV: Violation of the UCMJ,
Article 128 (Assault) Specification: Unlawfully force Hashim
Ibrahim Awad to the ground and bind his hands and feet
Charge V: Violation of the UCMJ,
Article 130 (Housebreaking) Specification: Unlawfully enter a
dwelling, the property of Hashim Ibrahim Awad, with the intent to
commit a criminal offense, to wit: kidnapping, therein
Charge VI: Violation of the UCMJ,
Article 134 (General Article) Specification 1: Did willfully and
wrongfully seize and hold Hashim Ibrahim Awad against his will
(Kidnapping) Specification 2: Did wrongfully endeavor to impede an
investigation (Obstruction of Justice)
Lance Corporal Robert B.
Pennington
Charge I: Violation of the UCMJ,
Article 81 (Conspiracy) Specification: Conspired to commit Larceny,
Housebreaking, False Official Statements, Kidnapping, Murder,
Obstruction of Justice
Charge II: Violation of the UCMJ,
Article 118 (Murder) Specification: Did with premeditation, murder
Hashim Ibrahim Awad
Charge III: Violation of the UCMJ,
Article 121 (Larceny) Specification: Stole a shovel and an AK-47
assault rifle
Charge IV: Violation of the UCMJ,
Article 128 (Assault) Specification: Unlawfully force Hashim
Ibrahim Awad to the ground and bind his hands and feet
Charge V: Violation of the UCMJ,
Article 130 (Housebreaking) Specification: Unlawfully enter a
dwelling, the property of Hashim Ibrahim Awad, with the intent to
commit a criminal offense, to wit: kidnapping, therein
Charge VI: Violation of the UCMJ,
Article 134 (General Article) Specification 1: Did willfully and
wrongfully seize and hold Hashim Ibrahim Awad against his will
(Kidnapping) Specification 2: Did wrongfully endeavor to impede an
investigation (Obstruction of Justice)
Corporal Marshall L.
Magincalda
Charge I: Violation of the UCMJ,
Article 81 (Conspiracy) Specification: Conspired to commit Larceny,
Housebreaking, False Official Statements, Kidnapping, Murder,
Obstruction of Justice
Charge II: Violation of the UCMJ,
Article 107 (False Official Statement) Specification: False
Official Statement
Charge III: Violation of the UCMJ,
Article 118 (Murder) Specification: Did with premeditation, murder
Hashim Ibrahim Awad
Charge IV: Violation of the UCMJ,
Article 121 (Larceny) Specification: Stole a shovel and an AK-47
assault rifle
Charge V: Violation of the UCMJ,
Article 128 (Assault) Specification: Unlawfully force Hashim
Ibrahim Awad to the ground and bind his hands and feet
Charge VI: Violation of the UCMJ,
Article 130 (Housebreaking) Specification: Unlawfully enter a
dwelling, the property of Hashim Ibrahim Awad, with the intent to
commit a criminal offense, to wit: kidnapping, therein
Charge VII: Violation of the UCMJ,
Article 134 (General Article) Specification 1: Did willfully and
wrongfully seize and hold Hashim Ibrahim Awad against his will
(Kidnapping) Specification 2: Did wrongfully endeavor to impede an
investigation (Obstruction of Justice)