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Hamdaniya - The Execution of Hashim Al-Zobaie

 

Military Reports of the Year 2007

 

 

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. […]”

 

July 20th, 2007 - Marine Sentenced at General Court-Martial in Hamdania Investigation

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

 

“[…] Cpl. Trent D. Thomas was sentenced today at a general court-martial held here. Thomas was sentenced to reduction in rank to Pvt./E-1 and a bad conduct discharge. Thomas was found guilty Wednesday of kidnapping and conspiracy to commit larceny, housebreaking, kidnapping, false official statements and murder for his involvement in the death of an Iraqi civilian on April 26, 2006, near Hamdania, Iraq. Thomas was found not guilty of murder, larceny, housebreaking and making a false official statement. […]”

 

July 18th, 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. Trent D. Thomas for his involvement in the death of an Iraqi civilian on April 26, 2006, near Hamdania, Iraq. Thomas was found guilty of kidnapping and conspiracy to commit larceny, housebreaking, kidnapping, false official statements and murder. Thomas was found not guilty of murder, larceny, housebreaking 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. […]”

 

May 1st, 2007 - Charges Withdrawn Against Marine In Hamdania Investigation

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

 

May 1st, 2007 - ICO United States v. 2nd Lt. Nathan P. Phan, USMC

Press Release by Law Offices of David P. Sheldon

 

February 18th, 2007 - Marine Sentenced at General Court-Martial in Hamdania Investigation

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

 

“[…] The sentencing for Lance Cpl. Robert B. Pennington for his involvement in the death of an Iraqi civilian, Hashim Ibrahim Awad, on April 26, 2006, near Hamdania, Iraq was held Saturday here. Pennington was sentenced to 14 years confinement, reduction in rank to Pvt./E-1 and a dishonorable discharge.

 

“Pursuant to the terms of the pre-trial agreement, Pennington's sentence was limited to eight years confinement. The punitive discharge and reduction in rank may be approved. Pennington pled guilty to conspiracy to commit premeditated murder and kidnapping, and to the charge of kidnapping during a general court-martial held Tuesday here. The charges of murder, larceny, housebreaking, and conspiracy to commit larceny, housebreaking and false official statement, to which Pennington pled not guilty Tuesday, were dismissed as part of the pre-trial agreement. […]”

 

February 14th, 2007 - Marine Pleads Guilty at General Court-Martial in Hamdania Investigation

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

 

“[…] Lance Cpl. Robert B. Pennington pled guilty Tuesday to charges during a general court-martial held here for his involvement in the death of an Iraqi civilian, Hashim Ibrahim Awad, on April 26, 2006, near Hamdania, Iraq.

 

“As the result of a pre-trial agreement reached with the convening authority, Pennington pled guilty to conspiracy to commit premeditated murder and kidnapping, and to the charge of kidnapping. […]”

 

February 13th, 2007 - Charges Re-Referred to General Court-Martial for Marine in Hamdania Investigation

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

 

“[…] Lt. Gen. James Mattis, Commanding General, U.S. Marine Corps Forces, Central Command made the following decision Monday regarding a Marine accused of involvement in incidents near Hamdania, Iraq in April, 2006:

 

“Corporal Trent D. Thomas - Related to the April 26, 2006 death of Hashim Ibrahim Awad: Re-referred to general court-martial, non-capital, on the charges of premeditated murder, conspiracy, housebreaking, larceny, kidnapping and making a false official statement.

 

“Related to the April 10, 2006 assault on Khalid Hamad Daham: Referred to general court-martial, non-capital, on the charge of assault. ‘Non-capital’ means that the death penalty will not be sought.

 

“Upon the request of defense counsel during a sentencing hearing held Feb. 8, a military judge withdrew the guilty pleas of Thomas for his involvement in the death of Awad and assault of Daham. During court-martial proceedings held Jan 18, Thomas previously pled guilty to murder, conspiracy, larceny, housebreaking, kidnapping and false official statement in connection with the death of Awad.  Thomas also pled guilty to assault for an unrelated incident in April 2006 near Hamdania, Iraq. […]”

 

February 9th, 2007 - Guilty Pleas Withdrawn for Marine in Hamdania Investigation

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

 

January 18th, 2007 - Marine Pleads Guilty at General Court-Martial in Hamdania Investigation

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

 

“[…] Cpl. Trent D. Thomas, 25, pled guilty today to several charges during a general court-martial held here for his involvement in the death of an Iraqi civilian, Hashim Ibrahim Awad, on April 26, 2006, near Hamdania, Iraq.

 

“As the result of a pre-trial agreement reached with the convening authority, Thomas pled guilty to murder, conspiracy, larceny, housebreaking, kidnapping and false official statement in connection with the death of Awad.  Thomas also pled guilty to assault for an unrelated incident in April 2006 near Hamdania, Iraq. The original charge of premeditated murder will be withdrawn as part of the pre-trial agreement. […]”

 

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