7 Marines, 1 sailor charged with murdering Iraqi
Seven Marines and a Navy corpsman were charged Wednesday with premeditated murder in the shooting death of an Iraqi man who was pulled from his home and shot while U.S. troops hunted for insurgents. They could face the death penalty if convicted.
All eight also were charged with kidnapping. Other charges include conspiracy, larceny and providing false official statements.
Col. Stewart Navarre, chief of staff for Marine Corps Installations West, announced the charges at Camp Pendleton Marine Corps base in California, where the eight are being held. The troops are members of the Pendleton-based 3rd Battalion, 5th Marines Regiment.
The case is separate from the alleged killing by other Marines of 24 Iraqi civilians in the western Iraqi city of Haditha last November. A pair of investigations related to that case are still under way, and no criminal charges have been filed.
Some or all of the troops being held at Camp Pendleton could face the death penalty, though Navarre said “it’s far too early to speculate on that right now.”
Lt. Gen. John Sattler, the senior commander at Pendleton, will decide whether and how to proceed with preliminary hearings known in the military justice system as Article 32 proceedings. That in turn could lead to courts-martial for some or all of the men.
All eight have hired private attorneys and also have been given military defense lawyers.
The Pentagon began investigating shortly after an Iraqi man identified as Hashim Ibrahim Awad was killed April 26 in Hamdania, west of Baghdad. A charging document provided to The Associated Press by Jane Siegel, an attorney for Marine Pfc. John J. Jodka, alleges that the Iraqi was shot by five of the Marines and that an AK-47 assault rifle were placed in the victim’s hands, apparently to make it appear he was an insurgent.
A senior Pentagon official, who spoke on condition of anonymity because he was not authorized to discuss the matter publicly, has said a shovel was also planted on the body to make it appear the man was trying to plant an explosive device.
Besides Jodka, charged were Marine Sgt. Lawrence G. Hutchins III, Marine Cpl. Trent D. Thomas, Navy Hospital Corpsman 3rd Class Melson J. Bacos, Marine Lance Cpl. Tyler A. Jackson, Marine Lance Cpl. Jerry E. Shumate Jr., Marine Lance Cpl. Robert B. Pennington, and Marine Cpl. Marshall L. Magincalda.
Separate case of cover-up
In a separate case, the military acknowledged Wednesday that the Pentagon waited nine months after completing an investigation into the deaths of two U.S. soldiers before notifying relatives the men were killed by Iraqi troops.
The June 2004 deaths of Army Spc. Patrick R. McCaffrey Sr., 34, of Tracy, and 2nd Lt. Andre D. Tyson, 33, of Riverside, were originally attributed to an ambush during a patrol near Balad, Iraq. The Army said this week a military investigation found the two had been shot by Iraqi civil defense officers. No possible motive has been divulged.
Military officials visited Tyson’s family on Tuesday and McCaffrey’s on Wednesday to deliver the report, which was completed on Sept. 30, 2005, according to Sen. Barbara Boxer, D-Calif. She called the nine-month delay troubling.
“If the American people knew that the people we are directly helping train turned on our soldiers, support for this war would slip,” Boxer said. “It’s very disturbing to think that the Pentagon might be told to keep this kind of thing close to the vest.”
Soldiers who witnessed the attack have told Nadia McCaffrey two Iraqi patrolmen opened fire on her son’s unit. The witnesses also said a third gunman simultaneously drove up to the American unit in a van, climbed onto the vehicle and fired at the Americans, she said.
Iraqi forces who had trained with the Americans had fired at them twice before the incident that killed Patrick McCaffrey, and he had reported it to his superiors, Nadia McCaffrey said.






