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The
War Profiteers - War Crimes, Kidnappings, Torture and Big Money |
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The Killing of Badea’a Hasan Ali |
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Background -
September 22nd, 2004 “[…] I remember interviewing a gentleman, I believe,
on the 3rd of October, one man’s first name was Osam. […] I did
receive an email with the AIR on it. I spoke to the grandson a Master Saef, a
Mr. Abass, who was a neighbor […] “The grandson was the person with the victim when
she was shot while they were walking through the alley. She had just bought a
dress and they were walking in the direction of the tower at the time of the
shooting. He said that he saw a soldier in the window and he specifically
said an Afro-American soldier. He said he saw this person scanning with a
weapon and the next thing he knew he saw his grandmother lying on the ground
having been shot. […]” Excerpt of Irene Cintron’s testimony at the Court-Martial of
James Combs. |
Sketch of the killing scene |
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September 4th, 2007 - Documents Show Troops Disregarding
Rules 1 news
article by the Associated Press |
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January 17th, 2007
- Court-Martial Record -
James E. Combs III - Volume 1 Record
of the U.S. Army Judiciary (5,0 MB) “[…] General Court-Martial Order - 9 July 2005 “Private First Class James E. Combs, 111, U.S. Army, 272d Military
Police Company, 720th Military Police Battalion, 42d Military
Police Brigade, Camp Cuervo, Iraq, APO AE 09390, was arraigned at Camp
Victory, Baghdad, Iraq, on the following offenses at a General Court-Martial
convened by Comrnander Multi-National Corps - Iraq. “Charge I. Article 119. Plea: Guilty. Finding: Guilty. “Specification 1: On or about 22 Sep 04, by culpable negligence,
unlawfully killed B.H., by shooting B.H. in the head with an M4 rifle. Plea:
Guilty. Finding: Guilty. “Additional Charge. Article 107. Plea: Not Guilty. Finding: Not
Guilty. “Specification 1: On or about 22 Sep 04, with intent to deceive, made
to 1LT N.P. an official statement, to wit: that his M4 rifle had been in the
safe position when the trigger was squeezed, which statement was totally
false, and was then known by him to be so false. Plea: Not Guilty. Finding:
Not Guilty. “Specification 2: On or about 22 Sep 04, with intent to deceive, made
to Special Agent I.C. an official statement, to wit: that, when asked if he
had switched his weapon from safe to fire, he answered, I am sure I didn’t
touch it, which statement was totally false, and was then known by him to be
so false. Plea: Not Guilty. Finding: Not Guilty “Sentence - Sentence adjudged on 24 March 2005: To be reduced to the
grade of Private (E-l), to forfeit all pay and allowances, to be confined for
six (6) months, and to be discharged from the service with a bad conduct
discharge. […] “Action - The sentence is approved and except for that part of the
sentence extending to a bad conduct discharge, will be executed. […]” January 17th, 2007
- Court-Martial Record
- James E. Combs III - Volume 2 Record
of the U.S. Army Judiciary (10,1 MB) “[…] Direct Examination “Staff Sergeant Connie Julian, 272nd Military Police
Battalion, 75gth Military Police Brigade, Camp Cuervo, Baghdad, Iraq, was
called as a witness, duly sworn and testified in substance as follows: “I [came] into the Army in July of 1993. I’ve been to California,
Korea, Fort Knox, Bosnia, Fort Bliss, Germany and here in lraq. I arrived in
lraq in the beginning of April. I have known PFC Combs since he came to 2nd
Platoon, in the fall of 2003. I am currently his squad leader and have been
since July 1st. “I have been to IP 10 twenty four to twenty five times and have been
on the roof the same amount of time. I have been to six or seven other IP
stations. I am up on a roof at an IP station every time I go out. I know COL
Hay them he is the station commander at IP 10. I know him very well and I
trust him. IP 10 has a nick name called the Wild, Wild West. IP Station 10
has a parking lot right beside of it where all the people come into Baghdad
and park their vehicles. A lot of them are insurgents. There is an
intersection. IP 10 sits on the corner of Pennsylvania and Main Street which
is a very well traveled route, even from the locals. I am familiar with the
day that this incident occurred. There was a need for heightened awareness
that day due to a General coming in. The soldiers were briefed and were told
to be on their toes. We hear a lot of gunshots at IP 10, it is a dangerous
place. There is a lot of gang activity there. “It’s different working with the IPS. A lot of the IP's we run into
are corrupt. IP’s will do something in front of you to make you think that
they are doing their job when in all actuality they are doing something
different. We run into a lot of station commanders that need rounds, station
commanders themselves or other IP’s will sell their rounds. They beat their
subjects into admitting truths, confessions of things they never did. It is a
different world out there. They are always after money. They will do just
about anything to get money. “It does not shock me that the station commander asked if anyone was
going to be paid directly after the shot. They are all after money. “[…] I don’t trust the Iraqi’s because they are crooks. Not all of
them, but the majority of the ones that I have run into. I did not say that
Iraqi lives are not as important as American lives. I said most of them I do
not trust. When it comes to his IP’s I trust the station commander at IP 10.
1 do not completely trust him, but I trust him with his IP’s. I don’t know if
this is a set up for some Iraqi’s to get some money. I have gone through the
case file but I have not investigated this incident. I have read through some
of PFC Combs’ statements. If Combs said he did it, he did it. I don’t know if
this was a set up by the IP’s. I can’t tell you that. The possibility is out
there that it could be. I’m not saying that it is a set up and I’m not saying
that it isn’t. […]” January 17th, 2007
- Court-Martial Record
- James E. Combs III - Volume 3 Record
of the U.S. Army Judiciary (5,4 MB) “[…] Memorandum for Record “[…] 2. An investigation into the circumstances behind the shooting
death of an Iraqi National by PFC Combs, James E. III is complete. “3. On 22 September 2004 at approximately 1345 PFC Combs’ assigned M-4
weapon (S/N W053730) was discharged at IP station #10 (A1 Babal Shikh)
fatally wounding an Iraqi Local National. “4. On 27 September 2004 I was appointed as the AR 15-6 Investigating
Officer, tasked with investigating the circumstances surrounding the death. I
was informed that CID was working the case and was able to obtain a copy of
their initial report, which is enclosed. It was in the CID report that I
learned the fatally wounded local nationals’ identity to be Mrs. Husaene,
Babea’a. The CID report said she resided adjacent to IP Station #10. I was
also able to obtain the original statements fiom SFC Pryor, SGT Duran, and
PFC Combs. These statements were taken directly after returning to Camp
Cuervo after the incident. (Statements Enclosed) “5. On 1 October 2004, at 0945 I responded to IP station #10. Upon
arrival I was able to meet with PFC Combs’ team leader SGT Duran. (Statement
Enclosed) According to SGT Duran, PFC Combs was inside the bunker on the top
of IP Station 10 conducting force protection duties, when PFC Combs’ weapon
discharged. SGT Duran said he did not actually see PFC Combs fire the rifle,
but knew he had done it because PFC Combs was the only one in the tower, and
he observed the dust being blown out of the bunker ports. SGT Duran said he
had been checking on PFC Combs at times throughout the shift. The last time
SGT Duran checked on him PFC Combs was seated in the chair weapon in lap
facing out of the bunker. According to SGT Duran, PFC Combs had been briefed
on the proper weapon status, handling procedures, and weapon composure, such
as weapon at the low ready. SGT Duran said in his original statement that
following the shot, he observed a crowd gathered in the alley. He said he
observed men carry what could have been a woman or child to a vehicle and drive
off. “[…] 8. After reviewing the statements on 4 October 2004 I responded
to Camp Cuervo to interview PFC Combs. The interview took place at
approximately 1200. (Statement Enclosed) In speaking with PFC Combs I learned
the true status of his weapon to be on burst. This is in contradiction with
his original statement and the statement to CID. According to PFC Combs while
seated in the tower prior to the discharge he heard loud yelling coming from
the alley in front of him and observed a sedan pull up. He said he saw
several males jump out of the vehicle and open the trunk. PFC Combs said he
had been bored and was trying to stay alert playing out scenarios in his head
as to what he would do if confronted with a threat. Combs said while having
these thoughts he placed his weapon on burst status, possibly when he saw the
males jump out of the car and open the trunk quickly. PFC Combs told me he
then decided the threat was no longer there and lowered his weapon failing to
place the selector switch back on safe. PFC Combs said a short time following
he raised his weapon again to scan his lane and accidentally discharged the
weapon. “9. Conclusion. PFC Combs was negligent in his duties while conducting
force protection at the IP station. His weapon should have been on safe
unless he had identified a threat and was responding in accordance with the
ROE for theater. PFC Combs also should not have had his finger in the trigger
well, or on the the trigger of the weapon unless he was ready to fire the
weapon. This is what caused the round to be discharged fatally wounding Mrs.
Husaene. […]” January 17th, 2007
- Court-Martial Record
- James E. Combs III - Volume 4 Record
of the U.S. Army Judiciary (8,9 MB) “[…] Appendix I to Offer to Plead Guilty […] “I, PFC James E. Combs, 111, offer to plead guilty
as stated in the Offer, provided the convening authority limits the
punishment as follows: “a. Confinement Limitation: The Convening Authority
agrees to disapprove any confinement in excess of 30 months. b.
Characterization of Discharge Limitation: The Convening Authority agrees to
disapprove any punitive discharge other than a Bad Conduct Discharge. c. The
Convening Authority agrees to dismiss the Additional Charge. d. Other
Punishment: Any other lawful punishment adjudged, including a fine, may be
approved. […] “The foregoing is accepted. Date: 21 Feb 2005 - John
R. Vines, Lieutenant General USA, Commanding […]” |
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Background 1)
Exhibit: Sketch of the killing scene - Court-Martial Record, James E. Combs
III, Volume 3, page 2417; |
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Back to the Second
Gulf War/Iraq Invasion II Back to U.S.
Department of Defense |
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