CAMP PENDLETON -- A Marine corporal Thursday was allowed to withdraw his guilty pleas in the killing of an Iraqi civilian last year and now faces trial for charges that could include premeditated murder and a possible death sentence if convicted.

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Cpl. Trent Thomas told a military judge that he now believes he was "acting under the color of lawful authority" and following the orders of his sergeant when he participated in the shooting death and subsequent attempted cover-up in the slaying of Hashim Ibrahim Awad in Hamdania, Iraq.

The surprise move came on what was to be the third day of a sentencing hearing for the 25-year-old St. Louis native, who pleaded guilty Jan. 18 to unpremeditated murder, which did not carry the death penalty, and assault, kidnapping and four other felonies in Awad's April 26 slaying.

Despite those earlier pleas and his previous admission of his role in the death, Thomas told the judge presiding over his court-martial, Lt. Col. Tracy Daly, that he was just following orders when he took part in the killing.

"When my country gives me an order, I say 'Yes, sir,'" Thomas told Daly. "I believe I had an order to carry out a mission and I believe I had a lawful order."

In a related development, multiple sources have confirmed that another of the eight men charged in the case, Lance Cpl. Robert Pennington, 22, has reached a plea deal and is scheduled to be in court Tuesday and Wednesday to enter guilty pleas.

Efforts to reach Pennington's attorney and his parents were not immediately successful.

In Thomas' case, lead attorney Victor Kelley said the withdrawal of the earlier guilty pleas was based on his client's belief now that he has a legitimate defense in arguing that all of his actions were taken solely at the direction of his immediate commander, Sgt. Lawrence Hutchins III.

Kelley said Thomas had what amounted to an "epiphany" overnight and told his attorneys early Thursday that he wanted to withdraw his pleas and head to trial.

"Cpl. Thomas has always wanted to fight this and I am just doing what my client wants me to do," Kelley said.

Thomas' earlier guilty plea came as part of a negotiated deal approved by Lt. Gen. James Mattis, the convening authority over the case as head of Marine Corps Forces, Central Command. That deal is now moot.

The turnabout in Thomas' case came as a surprise to the judge and the prosecution team.

The lead prosecutor, Lt. Col. John Baker, told Daly that he did not learn of it until shortly before Thomas' hearing got under way.

Baker later said that the charges against Thomas will be refiled as soon as possible and could include premeditated murder, which is punishable by either life in prison or the death penalty.

Following the court session, Thomas' attorneys appeared before a gathering of reporters and said they believed in his innocence.

Maj. Haythem Faraj, one of Thomas' two military attorneys working with Kelley, said the defense has long wanted to contest the charges and that they believe in the position their client is now taking.

"In the Marine Corps, there are orders and there are chains of command," Faraj said in explaining why Thomas participated in the killing.

The major added that he has the utmost respect for Thomas and his decision.

"Cpl. Thomas is the one that has to deal with this when he puts his head on his pillow each night," Faraj said. "When he told me this morning 'I want to fight,' I said 'Game on.' "

Before he moved to withdraw his guilty pleas, Kelley said he asked Thomas to discuss it with his wife and family members and that the group prayed together.

It was not immediately clear when that trial might begin. Kelley also asked Daly to step down as the judge because of potential prejudice and said he will ask for jury trial, which could include a panel with at least one-third of its members being enlisted men.

The corpsman and three other Marines struck deals with prosecutors last year that saw them plead guilty to charges other than murder and receive sentences ranging from 12 to 21 months.

Thomas, as one of the squad leaders along with Hutchins and Cpl. Marshall Magincalda, were not expected to fare nearly as well in any plea negotiations.

Hutchins and Magincalda have pleaded not guilty and face trial later this year.

Thursday's sentencing hearing was to have been a precursor to the announcement of what that deal called for and whether the judge would have proscribed a lesser jail term than what was in the agreement.

Under the Uniform Code of Military Justice, if a judge's sentence is less than the negotiated deal, the defendant gets the lesser punishment.

Military judges are unaware of the terms of the negotiated deal, which are not revealed until after they hand down a sentence.

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