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August 11th, 2007 - Jailed Mukilteo Marine Set Free

News article by HeraldNet

News article by San Diego Union-Tribune

Summary of the Hashim Al-Zobaie Killing

Jailed Mukilteo Marine Set Free

 

By HeraldNet

August 11, 2007

 

Mulkiteo - A Marine Corps enlisted man from Mukilteo who pleaded guilty to kidnapping and conspiracy to kill an Iraqi civilian was released Friday from a military jail in California, Marine officials said.

 

Pvt. Robert B. Pennington, 22, was released after a meeting Friday with Lt. Gen. James Mattis. Mattis agreed to grant Pennington clemency, thereby reducing his sentence, as allowed under military law, officials said.

 

"We are overjoyed. Thank you God," his father, Terry Pennington, said. "We're bouncing off the ceilings and walls and we couldn't be more pleased with Gen. Mattis' decision."

 

Pennington was the last of the five Marines who pleaded guilty in the April 2006 death of a Hamdania man to have his sentence reduced.

 

Mattis, commanding general of Marine Forces Command, reduced Pennington's sentence after reviewing the case.

 

At the time of the incident, Pennington was 21, was not a squad leader or fire-team leader and he did not fire his weapon, Mattis said.

 

He was on his third tour of duty in Iraq.

 

In February, Pennington entered the guilty plea. Under the plea agreement, Pennington was reduced in rank and was to be dishonorably discharged. He was to serve an eight-year sentence.

 

"The biggest concern we had was getting him out of the hellhole they had him locked up in," Terry Pennington said.

 

Now, Pvt. Pennington will remain in the military for an undetermined amount of time while Mattis reviews the plea agreement, his father said.

 

Mattis could waive all the findings or let them stand, Terry Pennington said.

 

Robert Pennington graduated from Kamiak High School in 2002. He participated in the Running Start program and finished his high school career attending classes at Edmonds Community College.

 

He joined the Marines in 2002, in part as a response to the Sept. 11, 2001, terrorist attacks.

 

On Friday, he was granted a leave to spend the weekend with his family members who were with him during the meeting with the general.

 

"He's looking forward to some real food," Terry Pennington said.

 

The father thanked supporters in Mukilteo who have stood by the Marine during the ordeal.

 

"Apparently there is a God," he said.

 

The Los Angeles Times contributed to this report.

 

External link: http://www.heraldnet.com/article/20070811/NEWS01/708110328/1004/SPORTS


Marine released in death of Iraqi

Clemency granted as all but one plotter now free

 

By Steve Liewer

San Diego Union-Tribune

August 11, 2007

 

Camp Pendleton – Seven of the eight servicemen who kidnapped and killed an Iraqi man in Hamdaniya last year are now out of prison after Camp Pendleton's senior general gave clemency to Pvt. Robert Pennington yesterday.

 

Lt. Gen. James Mattis issued the order after meeting with Pennington, according to a statement from Camp Pendleton. Mattis, commanding general of the 1st Marine Expeditionary Force at the base, has the power to reduce sentences in the Hamdaniya case.

 

The statement said Mattis considered Pennington's age (21) and rank (lance corporal) at the time of the crime. Mattis also noted that Pennington did not hold a leadership position or fire his weapon during the assault.

 

Neither Pennington's father, Terry, nor his attorney, David Brahms of Carlsbad, immediately returned messages seeking comment.

 

A squad of seven Marines and one Navy corpsman has acknowledged hatching a plan April 26, 2006, to kidnap and kill a suspected insurgent they had arrested numerous times. The servicemen had grown frustrated when Iraqi authorities repeatedly released him.

 

Scared off by a barking dog at the man's house, they instead kidnapped a neighbor to send a message to insurgents. They bound the victim and shot him beside the road, then planted an AK-47 and a shovel to make it appear that he had been rigging a bomb.

 

Gary Solis, a former Marine prosecutor and judge at Camp Pendleton, said Mattis' clemency decisions this week for Pennington and two others in the case surprised him.

 

“The crimes for which the Hamdaniya accused were convicted and sentenced were most serious,” said Solis, who teaches a class on the law of war at Georgetown Law School. “The death of a noncombatant usually results in a harsh conviction.”

 

In February, Pennington pleaded guilty to kidnapping and conspiracy as part of a plea agreement. He was demoted and sentenced to eight years in prison. Three other Marines and the Navy corpsman also entered plea agreements that allowed them to avoid murder charges. They agreed to testify against the remaining defendants in exchange for sentences of one year to 21 months.

 

Over the past month, the squad's three senior members – Sgt. Lawrence Hutchins III and Cpls. Marshall Magincalda and Trent Thomas – faced military juries of Iraq War veterans. Only Hutchins, the squad leader who derived the plot, was convicted of murder. He was sentenced to 15 years. The other two Marines were convicted of lesser charges and sentenced to time already served.

 

In light of those decisions, Mattis commuted the sentences of Pvts. Tyler Jackson and Jerry Shumate earlier this week before the decision in Pennington's case yesterday.

 

“Marines and soldiers couldn't consider it fair if those who cooperated with the government and pleaded guilty stayed in prison while those who faced a jury went free,” said Tom Umberg, a former Army Reserve lawyer and state assemblyman from Santa Ana.

 

External link: http://www.signonsandiego.com/news/military/20070811-9999-1m11hamda.html

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