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.
Posted in Local on Thursday, July 19, 2007 12:00 am Updated: 5:25 am.
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