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October 13th, 2006 - Marine Trial Set in Death of Iraqi Grandfather

News article by Reuters

News article by the San Diego Union-Tribune

Summary of the Hashim Al-Zobaie Killing

Marine Trial Set in Death of Iraqi Grandfather

 

Reuters

Sat 13 Oct 2006

 

Camp Pendleton, Calif. - A Marine allegedly involved in the April death of an Iraqi man will face a premeditated murder charge during a general court-martial trial starting on Feb. 12, military officials said on Friday.

 

Lance Cpl. Jerry Shumate, 21, of Matlock, Washington, is one of eight U.S. servicemen charged in the case that includes allegations of conspiracy, kidnapping, assault, housebreaking and larceny in the April 25 death of Hashim Ibrahim Awad.

 

At his arraignment at Camp Pendleton near San Diego on Friday, Shumate reserved his plea for another date.

 

At the hearing, the military judge, Marine Lt. Col. Jeffrey Meeks, denied a defense motion to release Shumate from a military prison, saying "my concern in this particular case is flight."

 

The Marines are accused of trying to cover up the crime by placing an assault rifle and a shovel next to the body and then reporting that he was shot while planting a roadside bomb.

 

Last week, a U.S. medic who helped kidnap the Iraqi grandfather agreed to a plea deal under which he will serve a year in prison rather than 10 years set by a military judge. As part of the deal, Petty Officer Melson Bacos said he would testify against others involved in the incident.

 

Bacos has testified that patrol leader Sgt. Lawrence Hutchins III's anger at the release of a suspected "terrorist" from Baghdad's Abu Ghraib prison prompted the murder of the man's neighbor.

 

The Iraqi's death was one of a series of incidents in which the conduct of American troops in Iraq has hurt the country's image abroad. Other Camp Pendleton-based Marines are under investigation in a separate incident in November 2005 in which 24 civilians were killed in the Iraqi town of Haditha.

 

Shumate is also charged in an April 10 assault of another Iraqi man, Khalid Hamad Daham, who was punched and kicked in his home while the man's family was in an adjacent room. The alleged attack was spurred by their belief that the man had made disparaging comments about U.S. Marines while he was detained at Abu Ghraib prison.

 

At Friday's hearing, Shumate's mother, Diann, took the stand and spoke about the family's life and upbringing in the small town of Matlock, Washington, where local store owners hang banners supporting the Marine.

 

Her son played football for his four years of high school, quarterbacking the team in his junior and senior years, working odd jobs and volunteering as a youth counselor, she said. At her behest, he put off enlisting in the military until he was 19.

 

External link: http://www.alertnet.org/thenews/newsdesk/N13236107.htm


Marine Corporal Faces February Trial in Death of Iraqi Man

 

By Rick Rogers

San Diego Union-Tribune

4:17 p.m. October 13, 2006

 

The timing was determined Friday during his arraignment at Camp Pendleton. Shumate is the third of seven Marines from the 3rd Battalion, 5th Marine Regiment to receive a trial date in the case.

 

The Marines and a sole sailor were charged in June with kidnapping Hashim Ibrahim Awad on April 26 in the town of Hamdaniya, and then killing him. They're also accused of planting a shovel and rifle on Awad's bullet-riddled body to make the killing appear justified as a firefight with an insurgent.

 

The sailor, Petty Officer 3rd Class Melson Bacos, last week agreed to testify against the Marines in exchange for a lenient prison sentence.

 

Friday, military judge Lt. Col. Jeffrey Meeksset Feb. 12 as the start date for Shumate's court-martial after the defendant reserved his plea.

 

The arraignment differed from the earlier ones in the Hamdaniya case because Shumate's attorney, Steve Immel,argued to have his client released from pretrial confinement at the Camp Pendleton brig.

 

In late May, Col. Robert Hansonordered that all eight Hamdaniya suspects be jailed to keep them from fleeing or trying to manipulate evidence.

 

Immel Friday countered that Shumate, a popular student at Mary M. Knight High School near the Olympic Peninsula in western Washington, was not a flight risk because of his upbringing and integrity.

 

“If he wanted to flee he could have,” Immel told Meeks. “He is a young Marine who follows orders. You have a very young man from a very small town with a very clean record.”

 

Besides bidding for Shumate's release, Immel seemed bent on humanizing Shumate, whose character and those of the other accused were maligned as government evidence leaked out during previous hearings.

 

Shumate's mother, Diann, described her son as a “very adventurous” person who “loved sports.” She talked about his giving nature as a counselor for American Indian children near his hometown of Matlock, Wash., where he was a standout quarterback.

 

“He'd rather play football than go to a dance. He wasn't a studious student, but he wasn't any trouble either,” said the slightly built Diann Shumate, a mother of five.

 

While she described the family's financial challenges, Shumate rubbed his thumbs together rapidly.

 

“We are usually behind on bills every month,” she said. “We are usually trying to catch up.”

 

After deliberating for about an hour, Meeks ruled that Shumate should remain jailed.

 

“My concern is flight,” Meeks said. He said he worried that Shumate would “follow others where he would not go on his own.”

 

At a hearing earlier this year, Naval Criminal Investigative Service's special agents said Shumate gave statements about the Awad killing on two occasions in May.

 

The most damaging testimony came from special agent Kelly Garbo.

 

Garbo said that during a two-hour interrogation session on May 11 in Iraq that Shumate broke down and signed a statement after she confronted him with information provided by fellow Marines in his unit.

 

Garbo recalled that Shumate snatched a piece of paper and wrote a statement on one side. The contents of that alleged statements have not been made public.

 

External link: http://www.signonsandiego.com/news/military/20061013-1617-bn14shumate.html

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