Seven Marines and One Sailor Charged With Murder
WASHINGTON, June 22, 2006 — -- For the second time this week, members of the U.S. military have been charged in connection with the deaths of Iraqi civilians. Seven marines and one sailor were charged with murder, kidnapping, assault, conspiracy, larceny and housebreaking. The Marine Corps announced today. Four of the eight are also accused of having provided false statements to investigators.
The charges stem from a shooting incident in Iraq on April 26 in the town of Hamdaniyah. Hashim Ibrahim, a disabled 52-year-old Iraqi civilian was killed in the shooting. According to witnesses, the Marines allegedly dragged Ibrahim from his home in the middle of the night and shot him repeatedly. After shooting him, the Marines allegedly planted a stolen shovel and an AK-47 rifle on his body. They allegedly did this to support their claim that Ibrahim was an insurgent killed as he planted a roadside bomb.
The eight facing charges are 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 Pfc. John J. Jodka, Marine Lance Cpl. Jerry E. Shumate Jr., Marine Lance Cpl. Robert B. Pennington and Marine Cpl. Marshall L. Magincalda.
Sources tell ABC News that the Marines were searching for a particular High Value Insurgent that night and did not find him. It's then that the Marines under Hutchins' command are alleged to have sought out Ibrahim and killed him. Family and neighbors say Ibrahim was innocent of any ties to Iraqi insurgents.
The charges accuse the Marines of stealing the shovel and an AK-47 and of unlawfully entering Ibrahim's home with the intent to kidnap him. The charges go on to say the Marines unlawfully forced Ibrahim to the ground and bound his hands and feet. All eight are charged with Ibrahim's murder. Murder is a capital offense under the military justice system, and those charged could face the death penalty.
With Wednesday's charges, Lt. Gen. John Sattler, the senior commander at Camp Pendleton, will decide whether to proceed to Article 32 hearings, the military's equivalent of grand jury hearings. Those hearings could lead to courts-martial for some or all of the eight.
ABC News previously reported on a two-sentence statement allegedly written by Hutchins that was distributed to Ibrahim's neighbors and family. Signed by Hutchins, the document states, "We spotted a man digging on the side of the road from our ambush site. I made the call and engaged. He was pronounced dead at the scene with only a shovel and AK-47."
Marine officials first became aware of the shooting incident after local officials complained during a regularly scheduled meeting on May 1. After a preliminary investigation found there might be merit in the case, the eight were reassigned from their unit pending their return to Camp Pendleton on May 24. The eight have been in pre-trial confinement at Camp Pendleton since then.
An additional four marines who had been restricted to base while the investigation proceeded have not been charged and are no longer restricted to base.
Along with the Haditha investigation where Marines are alleged to have killed 24 Iraqi civilians, the shooting in Hamandiyah have placed a dark cloud on the Marines and their rules of engagement in Iraq. There are currently two investigations under way in the Haditha case and no criminal charges have been filed so far.