CAMP PENDLETON - A Marine lance corporal contradicted two Naval Criminal Investigative Service agents who testified Monday that he never asked for an attorney when being questioned in the April 26 killing of an Iraqi civilian.

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Lance Cpl. Robert Pennington said he did ask for an attorney after being threatened with the death penalty while undergoing questioning by the agents at Camp Fallujah in the Anbar province of Iraq.

"I was thinking that I didn't like very much the tone of the questioning," Pennington said of the interview that took place the evening of May 11.

His testimony represented the first time any of the seven Marines and the Navy corpsman charged in the kidnapping and shooting death of Hashim Ibrahim Awad have taken the stand and testified under oath regarding any aspect of the case.

Pennington's calm and forceful testimony came during a hearing after his arraignment on charges of murder, kidnapping and conspiracy as the war crime case of the eight Camp Pendleton troops charged in the slaying continues to unfold.

He reserved his right to delay entering a plea and to decide whether he wants to be tried before a military judge or jury.

The hearing concentrated on his statements to investigators, words his attorneys are trying to suppress so they cannot be used at trial because of the assertion his rights were violated when he was not provided with the attorney he had sought.

Under U.S. and military law, a criminal suspect who asks for an attorney must be provided with one and questioning from investigators must stop.

Pennington said he was shocked when one of the agents told him he could face the death penalty.

"I mulled that over for about 5 seconds and then said, 'If that's what you're going to charge me with, I want a lawyer,'" Pennington testified under questioning from one of his four defense attorneys, Lt. Cmdr. Scotch Perdue, adding he was certain that the investigators heard his request but nonetheless continued the interview.

The lead agent in preparing Pennington's statement, 25-year-old Kelly Garbo, testified earlier that Pennington was advised of his rights, freely agreed to answer questions and never asked for an attorney. Garbo had been in Iraq for less than two months at the time of Pennington's interview and was working her first homicide case.

"If he had said something that invoked his right to an attorney … we would have terminated the interview," Garbo said. Her testimony was bolstered by similar testimony from NCIS agent Kyle Casey.

Under questioning from Lt. Col. Eugene Robinson, the military judge, Garbo was adamant that Pennington voluntarily described his role in the slaying of the disabled 52-year-old father of 11, including at one point confirming that he helped place a gag in Awad's mouth, she said.

When cross-examined by one of the prosecutors, Lt. Col. John Baker, Pennington acknowledged signing a declaration confirming he had read the statement the agents prepared after he was interviewed and had made corrections throughout the document. The interviews were not electronically recorded.

Robinson reserved a ruling on whether the statement will be admitted.

Pennington was ordered to a court-martial on Oct. 17, three days after his 2002 enlistment in the Marine Corps expired and his military pay stopped. Because the charges remain unresolved, he continues to be treated as a Marine despite his enlistment having expired.

The 22-year-old native of Mukilteo, Wash., is one of the eight troops from the second platoon of Kilo Company from the 3rd Battalion, 5th Marine Regiment fighting criminal charges in the Awad killing.

Pennington's parents, Terry and Deanna Pennington, were seated behind their son during the hearing. The couple have been outspoken opponents of the prosecution and contend the case is being prosecuted largely because of politics.

Last month, Deanna Pennington wrote Lt. Gen. James N. Mattis a letter raising numerous concerns and asking that her son be released from confinement.

In a response, Mattis, the convening military authority over the case as head of the I Marine Expeditionary Force, responded that he often thinks about her son but would not take any action to have him released.

"Your letter moves me, and as a leader of Marines, my concern for the young men and women who have selflessly chosen to defend our nation and our way of life is foremost in my mind," the general's letter read. "Your son is no less in my thoughts than any other Marine or sailor; and in many respects, even more so due to his current circumstances."

Despite Mattis' refusal to free Pennington from the brig, arguments on a defense motion seeking his release pending trial are scheduled to take place today.

In a nearby courtroom, a sentencing hearing is scheduled to begin at 8 a.m. for Lance Cpl. Jerry E. Shumate Jr., who will plead guilty to conspiracy and obstruction of justice for his role in the Awad killing, according to his attorney, Steven Immel.

The 21-year-old native of Matlock, Wash., is accused of being one of those who shot the victim, Awad. He also was charged with assault in an April 10 case arising out of the beating of three Iraqis in Hamdania. That incident also led to assault charges against the squad leader, Sgt. Lawrence Hutchins III, and platoon 2nd Lt. Nathan Phan.

Hutchins also faces trial in the homicide case and has been accused of leading the plot that led to Awad's death. Phan is not charged in the murder case. He was not present when the Iraqi was shot numerous times in the early morning hours of April 26, after being taken from his home.

With Shumate's expected guilty pleas, prosecutors have resolved the cases of four of the accused. Two other Marines, Lance Cpl. Tyler Jackson and Pfc. John Jodka III, pleaded guilty to aggravated assault and conspiracy to obstruct justice and were sentenced to 21 months and 18 months respectively.

Last month, the squad's medical corpsman, Petty Officer Melson Bacos, pleaded guilty to kidnapping and conspiracy to kidnap and make false official statements and was sentenced to 12 months in the brig.

- Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.