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Killing of Iraqi Civilians Index

Killings Database - Year 2006

 

Hamdaniya - The Execution of Hashim Al-Zobaie

Background

The Accused

Media Reports

Military Reports

Photo Credits

 

NBC animation of the execution of Hashim Al-Zobaie

Background - Hamdaniya, April 26th, 2006

 

“All parties to the case of Hashim Ibrahim Awad al-Zobaie agree that he was shot dead by Marines of the 3rd Battalion, 5th Regiment on April 26 in the small central Iraqi village of Hamdaniyah. But there are differing accounts of his death, and they are at the heart of another investigation into the conduct of American forces in Iraq.

 

“Members of the Marine foot patrol under investigation in the case said they came upon Hashim digging a hole for a bomb near his home in the Sunni Arab village of about 30 homes near Abu Ghraib, west of Baghdad. The Marines said they killed Hashim in a brief gun battle and that they found an AK-47 assault rifle and a shovel by his side. According to accounts given by Hashim's neighbors and members of his family, and apparently supported by photographs, the Marines went to Hashim's home, took the 52-year-old disabled Iraqi outside and shot him four times in the face. The assault rifle and shovel next to his body had been planted by the Marines, who had borrowed them from a villager, family members and other residents said.”

 

Excerpt of a Washington Post article from June 5th, 2006.

 

Melson Bacos

The victim Hashim Al-Zobaie

Camp Pendleton, October 5th, 2006

 

“A Navy corpsman testified Friday that Marines in his patrol seized an Iraqi civilian from his home, threw him into a hole and put at least 10 bullets in his head and chest after growing frustrated in their search for an insurgent. Petty Officer 3rd Class Melson J. Bacos said he saw a Marine put fingerprints from the victim onto a rifle and on a shovel to implicate him as an insurgent. ‘I was shocked and I felt sick to my stomach,’ Bacos said. Bacos, a medic who had been on patrol with the squad, was charged along with seven Marines in the slaying of Hashim Ibrahim Awad last spring in the town of Hamdania. […]”

 

Excerpt of an Associated Press article from October 6th, 2006.

 

The Hamdaniya Reports Archive

 

The 2008, 2009 & 2010 Media Reports File

The 2007 Media Reports File

The 2006 Media Reports File

The 2007 Military Reports File

The 2006 Military Reports File

 

Latest Media Reports

 

July 5th, 2010 - Marine Convicted of Killing Iraqi Civilian Back on Duty at Camp Pendleton

1 news article from the Los Angeles Times

 

June 29th, 2010 - Marine Accused in Iraqi War Crimes is Back on Duty

1 news article from the Associated Press

 

June 14th, 2010 - Calif. Marine Released in Iraqi War Crimes Case

1 news article from the Associated Press

 

June 7th, 2010 - Government Appeals Overturning Marine’s Conviction

2 news articles from the Associated Press & North County Times

 

The 2008, 2009 & 2010 Media Reports File

The 2007 Media Reports File

The 2006 Media Reports File

 

The Accused

John Jodka

Jerry E. Shumate

Robert Pennington

Melson J. Bacos

 

 

 

Tyler Jackson

Marshall Magincalda

Lawrence Hutchins III

Trent D. Thomas

 

 

 

Charges & Sentences by the Military Tribunal at Camp Pendleton

Defendants

Pleading

Main Charges

Sentences

Sentencing Dates

 

Lawrence Hutchins

pleaded not guilty

Murder, Kidnapping & Conspiracy

15 years confinement

August 3rd, 2007

 

Marshall Magincalda

pleaded not guilty

Murder, Kidnapping & Conspiracy

448 days confinement

August 3rd, 2007

 

Robert Pennington

pleaded guilty

Conspiracy & Kidnapping

8 years confinement

February 18th, 2007

 

Trent Thomas

pleaded not guilty

Murder, Kidnapping & Conspiracy

reduction in rank/discharge

July 20th, 2007

 

Jerry Shumate

pleaded guilty

Agg. Assault & Conspiracy

21 months confinement

November 21st, 2006

 

Tyler Jackson

pleaded guilty

Agg. Assault & Conspiracy

21 months confinement

November 16th, 2006

 

John Jodka

pleaded guilty

Agg. Assault & Conspiracy

18 months confinement

November 15th, 2006

 

Melson Bacos

pleaded guilty

Kidnapping & Conspiracy

12 months confinement

October 6th, 2006

 

 

Military Reports

August 10th, 2007 - Marine Released From the Brig in Hamdania Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

 

“[…] Private Robert B. Pennington was released from Naval Consolidated Brig Miramar today following a clemency decision by Lt. Gen. James Mattiis. Lt. Gen. Mattis made his decision following a meeting with Pennington today. On Feb 18, 2007, Pennington was sentenced by a military judge to 14 years confinement, reduction in rank to Pvt./E-1 and a dishonorable discharge for his involvement in the death of an Iraqi man in Hamdania, Iraq in April, 2006.  The sentence to confinement was reduced by a pre-trial agreement to 8 years. The military justice system allows convening authorities to reduce sentences as a matter of clemency.  Convening authorities are not authorized to increase sentences.

 

“Lt. Gen. Mattis reduced his confinement following his review of the findings and sentences in all the cases, and based on considerations of the fair treatment of the seven Marines and Sailor involved in the Hamdania incident.  At the time of the incident, Pennington was a 21 year old Lance Corporal who was neither a squad leader nor a fire team leader, and he did not fire his weapon.  In considering his clemency actions, Lt. Gen. Mattis balanced a number of factors related to those involved, including their ages, military experience, their relative rank and position of authority, and their level of involvement in the incident as it was determined by the military courts-martial process. […]”

 

August 3rd, 2007 - Marine Sentenced at General Court-Martial in Hamdania Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

 

“[…] Sgt. Lawrence G. Hutchins III was sentenced today at a general court-martial held here. Hutchins was sentenced to 15 years confinement, reduction in rank to Pvt./E-1, a dishonorable discharge and a reprimand. Hutchins was found guilty Thursday of unpremeditated murder, larceny, making a false official statement and conspiracy to commit the following: murder, larceny, obstruction of justice and false official statement for his involvement in the death of an Iraqi civilian on April 26, 2006, near Hamdania, Iraq. Hutchins was found not guilty of kidnapping, assault, housebreaking and obstruction of justice. The military judge for the proceeding was Lt. Col. Jeffrey Meeks. U.S. Marine Corps personnel sentenced to confinement of one year or longer, automatically have their cases forwarded to the Navy - Marine Court of Criminal Appeals for review. […]”

 

August 3rd, 2007 - Marine Sentenced at General Court-Martial in Hamdania Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

 

“[…] Cpl. Marshall L. Magincalda was sentenced today at a general court-martial held here. Magincalda was sentenced to 448 days confinement and reduction in rank to Pvt./E-1. Magincalda has been in pre-trial confinement for the last 450 days and will be released from the Camp Pendleton brig today. Magincalda was found guilty Wednesday of larceny, housebreaking and conspiracy to commit the following: murder, kidnapping, larceny, false official statement and housebreaking for his involvement in the death of an Iraqi civilian on April 26, 2006, near Hamdania, Iraq. Magincalda was found not guilty of murder, kidnapping and making a false official statement. […]”

 

August 2nd, 2007 - Verdict Announced at General Court-Martial in Hamdania Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

 

“[…] The court-martial panel rendered the following verdict today in the case of Sgt. Lawrence G. Hutchins III for his involvement in the death of an Iraqi civilian on April 26, 2006, near Hamdania, Iraq. Hutchins was found guilty of unpremeditated murder, larceny, making a false official statement and conspiracy to commit the following: murder, larceny, obstruction of justice and false official statement. Hutchins was found not guilty of kidnapping, assault, housebreaking and obstruction of justice. Under the Uniform Code of Military Justice, two-thirds of the court-martial panel must vote guilty to render a guilty verdict. […]”

 

August 1st, 2007 - Verdict Announced at General Court-Martial in Hamdania Investigation

Report by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton

 

“[…] The court-martial panel rendered the following verdict today in the case of Cpl. Marshall L. Magincalda for his involvement in the death of an Iraqi civilian on April 26, 2006, near Hamdania, Iraq. Magincalda was found guilty of larceny, housebreaking and conspiracy to commit the following: murder, kidnapping, larceny, obstruction of justice, false official statement and housebreaking. Magincalda was found not guilty of murder, kidnapping and making a false official statement. Under the Uniform Code of Military Justice, two-thirds of the court-martial panel must vote guilty to render a guilty verdict. […]”

 

The 2007 Military Reports File

The 2006 Military Reports File

 

Scenes from the Military Court Proceedings

Marshall Magincalda with attorney

Jerry Shumate

Melson J. Bacos with his attorneys

 

 

Lawrence Hutchins with attorney

Marshall Magincalda

Trent Thomas (middle)

 

Robert Pennington

Lawrence Hutchins

Military Judge James Mattis

 

War Scenes from Hamdaniya

U.S. Blackhawk helicopter over Hamdaniya

U.S. Soldiers walk the streets of Hamdaniya

Burial of murdered Hashim Al-Zobaie

 

 

Photo Credits

Background

1) Animation showing the alleged execution of Hashim Al-Zobaie by U.S. soldiers - August 2006 - Still from NBC News 739/Associated Press report;

2) Melson J. Bacos during court martial hearings - October 6th, 2006 - Denis Poroy/Associated Press;

3) Hashim Al-Zobaie - undated - Iraqi police/family photo;

 

The Accused

1) John Jodka - undated - U.S. Marine Corps/Associated Press;

2) Jerry E. Shumate - undated - U.S. Marine Corps/Associated Press;

3) Robert Peddington - undated - U.S. Marine Corps;

4) Melson J. Bacos - undated - U.S. Navy/family photo/Associated Press;

5) Tyler Jackson - undated - U.S. Marine Corps;

6) Marshall Magincalda - undated - U.S. Marine Corps/Associated Press;

7) Lawrence Hutchins III - undated - North County Times;

8) Trent D. Thomas - undated - North County Times/family photo;

 

Scenes from the Military Court Proceedings

1) Marine Cpl. Marshall Magincalda, left, and his defense attorney Joseph Low, center, enter a pretrial hearing being held at Camp Pendleton on Wednesday - August 30th, 2006 - Denis Poroy/Associated Press;

2) Jerry Shumate at military court - September 2006 - Associated Press;

3) Navy Petty Officer 3rd Class Melson J. Bacos, center, is escorted into his court-martial hearing by his defense attorneys, Marine Corps Lt. Col. Scott Jack, left, civilian defense counsel Jeremiah Sullivan, right, and Navy Lt. Jonathan Stephens, back left, held at Camp Pendleton Marine Corps Base, California - October 6th, 2006 - Denis Poroy/Associated Press;

4) Lawrence Hutchins with attorney - October 16th, 2006 - J. Richardson Brannon/Associated Press;

5) Marshall Magincalda - November 8th, 2006 - Denis Poroy/Associated Press;

6) Trent D. Thomas - November 14th, 2006 - Charlie Neuman/San Diego Union-Tribune;

7) U.S. Marine Lance Cpl. Robert B. Pennington walks to his court-martial proceedings at Marine Corps. Base Camp Pendleton, Calif. Pennington is facing charges related to the death of 52-year-old Hashim Ibrahim Awad on April 26, 2006 in Iraq. - Februrary 13th, 2007 - Chris Park/Associated Press;

8) Lawrence Hutchins - December 7th, 2006 - Denis Poroy/Associated Press;

9) Military judge General James Mattis - August 2007 - Associated Press;

 

War Scenes from Hamdaniya

1) UH-60 Blackhawk from the 101st Airborne Division (Air Assault), 9th Aviation Battalion, A Company, flies over Al Hamdania, Iraq - June 16th, 2003 - U.S. Army, Sgt. Michael Bracke;

2) 101st Airborne Division's Maj. Michael Albertson, the interim mayor of Al Hamdania, Iraq’s liaison officer, walk through the streets with city council members - June 16th, 2003 - U.S. Army, Sgt. Michael Bracke;

3) Burial of Hashim Al-Zobaie - late April 2006 - Still from NBC News 739/Associated Press report;

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