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May 18th, 2007 - Manteca Marine’s Trial Set for June

News article by the Lathrop-Manteca Sun Post

Summary of the Hashim Al-Zobaie Killing

Manteca Marine’s Trial Set for June

 

By Ben Marrone

Lathrop-Manteca Sun Post

May 18, 2007

 

Manteca - The trial of a U.S. Marine from Manteca accused of murder, kidnapping and other charges linked to the killing of a 52-year-old Iraqi civilian last year is set to begin in less than a month.

 

Lance Cpl. Marshall Magincalda Jr.’s case has been repeatedly postponed while a military judge rules on a series of requests from the prosecution and defense attorneys. The military court has now set a tentative date of June 11 for the start of the trial, according to Major Jeff Nyhart, a Camp Pendleton spokesman.

 

Magincalda has been held in the brig at Camp Pendleton near San Diego since he was called back from Iraq in May of last year.

 

Since then, five of the eight men charged in the death of Hashim Ibrahim Awad, a retired policeman from the village of Hamdania, Iraq, have reached plea deals with military prosecutors. They received sentences ranging from 12 months to eight years after agreeing to testify about the circumstances of Awad’s death.

 

Seven Marines and a U.S. Navy corpsman were accused of taking Awad from his home April 26, 2006, and shooting him. Prosecutors say the group tried to stage Awad’s death to make it look as if he had been armed and trying to plant a roadside bomb.

 

Most recently, the judge in the case, Lt. Col. Eugene Robinson, ruled against Magincalda’s attorney’s request to close the trial hearings to the public, the North County Times reported.

 

Magincalda, a 2001 graduate of Sierra High School in Manteca, is charged with murder, kidnapping, larceny, assault, housebreaking, conspiracy and making a false official statement. If found guilty of premeditated murder, he would face a minimum sentence of life in prison.

 

He was on his third tour of duty in Iraq last spring.

 

External link: http://sunpost.net/content/view/812/1/

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