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The War Profiteers - War Crimes,
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December 12th,
2007 - Hearing Ends for Soldier Accused of Killing Insurgent |
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Hearing Ends
for Soldier Accused of Killing Insurgent By Angela K. Brown Associated Press December 12, 2007 Fort Hood, Texas - An Army
sergeant should be court-martialed because he shot a severely wounded
al-Qaida insurgent, ordered a medic to suffocate him and then shot the
unarmed man again because "he just wouldn't die," a military
prosecutor said Wednesday. But an attorney for Sgt.
Leonardo Trevino, who faces murder and other charges for alleged June
incidents in Muqdadiyah, Iraq, said he should not go to trial because
witnesses lack credibility and hold grudges against their squad leader. "This is a battlefield
situation that should remain on the battlefield," defense attorney
Richard Stevens said Wednesday at the conclusion of an Article 32 hearing,
which is similar to a civilian grand jury. The defense did not call any
witnesses, and Trevino, a 1st Cavalry Division soldier, did not make a
statement. Two prosecution witnesses, a soldier and an Army investigator,
were in Iraq and unable to testify Wednesday by telephone as previously
planned. The investigating officer
who presided over the two-day hearing will decide if there is enough evidence
to support the charges and then recommend to a commanding officer whether
Trevino should have a military trial, called a court-martial. Trevino is charged with
attempted premeditated murder for allegedly shooting the Iraqi in the
abdomen, a nonfatal wound, and with premeditated murder for the alleged
second shot in the head. Trevino, 30, of San Antonio, also is charged with
soliciting murder for allegedly telling an Army medic to suffocate the man. Trevino also is charged with
impeding the investigation. He's accused of telling a soldier to drop a gun
by the Iraqi's body, telling soldiers to say he had been armed and lying to
his superior by saying the man had a gun. On Wednesday, the
prosecutor, Capt. Scott Linger, dropped an assault charge stemming from
Trevino's alleged kicking of the insurgent after he and other soldiers found
the man in a house, where he fled after being wounded in a gun battle. Although the bleeding
insurgent posed no threat, Trevino went to great lengths to kill him, even
telling soldiers later that "I tried to kill this guy; he just wouldn't
die," Linger said, quoting Trevino, based on testimony Tuesday and sworn
statements. "He made the decision
before he pulled the trigger; it wasn't a reaction," Linger said. But Trevino's attorney said
soldiers who testified and submitted statements were young and immature and
disliked Trevino because he disciplined them when they made mistakes. Stevens
said Trevino was a tough and outstanding leader, among many who are
"making heroic sacrifices every day and who are making heroic
contributions to the Army." Stevens said he did not
acknowledge that the events happened and would not discuss his strategy if
the case proceeds. But he said if a decision is made for Trevino to go to
trial, his charges should be reduced because of mitigating factors. About a month before the
June incident, two roadside bomb attacks claimed the lives of six members of
the unit, including a close friend of Trevino's. Stevens also said that after
Trevino's "small kill team" went to the dangerous neighborhood that
night in June, troops found weapons, ski masks, materials to make improvised
explosive devices and al-Qaida propaganda. "Things happened very
quickly, and now we sit in a sterile room and start second-guessing these
decisions," Stevens said. The medic, Spc. John Torres,
has been charged with attempted premeditated murder and with dereliction of
duty for failing to provide aid. Cpl. Justin Whiteman, who
allegedly placed the pistol by the insurgent's body, has been charged with
accessory to attempted premeditated murder and with dereliction of duty for
failing to provide aid. Whiteman also is charged with dereliction of duty for
violating a law of war after he allegedly shot the body of another insurgent
who was dead in the street after the gun battle. Although Torres and Whiteman
invoked their rights not to testify during Trevino's hearing, their sworn
statements given previously will be considered as evidence. © 2007 The Associated Press External link: http://www.chron.com/disp/story.mpl/ap/tx/5372779.html |