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April 26th, 2008 - Jury Acquits Soldier Charged with Iraqi Murder

News article by the Associated Press

News article by the Honolulu Star Bulletin

News article by the Honolulu Advertiser

Summary of the Al-Saheed/Kirkuk Killings

Jury Acquits Soldier Charged with Iraqi Murder

 

By Audrey McAvoy

Associated Press

April 26, 2008

 

Wheeler Army Airfield, Hawaii - A court-martial panel on Friday found a Hawaii-based soldier not guilty in the killing of an unarmed Iraqi during a raid on a suspected insurgent hideout last year.

 

Sgt. 1st Class Trey Corrales' friends and family erupted in cheers when the head of the military panel, or jury, read the verdict.

 

The jury of nine soldiers acquitted Corrales of all three charges, including premeditated murder, after more than seven hours of deliberation.

 

Corrales would have faced a minimum sentence of life in prison if he had been convicted.

 

Corrales said it feels like a 200-pound weight had been lifted from his shoulders.

 

"I felt confident. I know this is going to sound weird but I wasn't surprised," Corrales said. "But it was just a long time coming."

 

Corrales' wife, Lily, told their daughter Victoria, 7, "Your daddy's free! He's OK" moments after the verdict was read.

 

The sergeant held his 10-year-old son, Trey II, in a long embrace.

 

Corrales, 35, admitted to shooting the man after his platoon burst into a house in the village of Al Saheed near Kirkuk last June. The platoon was looking for insurgents they suspected of firing at U.S. helicopters and planting roadside bombs.

 

But Corrales argued the killing fell within the rules of engagement governing the use of deadly force. He pleaded not guilty to all three charges.

 

The prosecution argued the Army platoon sergeant deliberately shot and killed the man after he was subdued and securely in the custody of U.S. soldiers. Prosecutors said Corrales told the man to run and then shot him.

 

But Frank Spinner, Corrales' defense lawyer, cast doubt on the credibility of the prosecution witnesses and said the government failed to prove the bullets from Corrales' M4 killed the man.

 

"There are pieces of the puzzle that are missing," Spinner said during his closing argument. He said the prosecution failed to prove its case beyond a reasonable doubt.

 

Spinner said Corrales fired his weapon because he reasonably believed the man posed a threat to the platoon.

 

"This was a dynamic environment, an intense mission and he believed he was acting to protect his men," Spinner said.

 

The incident came about 11 months into a 15 month deployment for Corrales' 3rd Brigade Combat Team, 25th Infantry Division based at Hawaii's Schofield Barracks.

 

Copyright © 2008 The Associated Press.

 

External link: http://ap.google.com/article/ALeqM5jzuwkhrcOZ-H5K2HgCBMz-ICJ0nwD909CEO80


Soldier acquitted in killing of Iraqi

A jury rejects charges by the prosecution that the soldier’s story had several holes in it

 

By Gene Park

Honolulu Star Bulletin

April 26, 2008

 

Decorated Schofield Barracks soldier Trey Corrales was acquitted yesterday of charges that he killed an unarmed, suspected Iraqi insurgent in June.

 

Sgt. 1st Class Corrales faced life in prison without parole after being charged with premeditated murder, obstruction of justice and allegedly soliciting the murder by instructing a subordinate to fire at the Iraqi, tentatively identified by the Army as Salih Khatab Aswad.

 

After more than seven hours of deliberation, the nine-member jury panel returned with the not-guilty verdict on all charges. Corrales appeared calm, and his family and fellow soldiers immediately hugged each other tight.

 

"I haven't been nervous this whole time," Corrales said after the verdict. "I still have so much faith and confidence in this Army."

 

The three-day trial ends what Corrales described as a harrowing period for him and his wife and three children. He said it felt like he had left one battlefield and entered another.

 

He said his immediate thoughts after the verdict was read went to the 10 soldiers from his platoon who died in a helicopter crash last August. The soldiers were intended to be witnesses in Corrales' trial.

 

"When this happened, I felt robbed," Corrales said through tears. "I wanted to be with them. But I wanted to be with (my daughter) and my son and my wife. Being a soldier, you're split between two worlds and two loves."

 

Earlier in the day, Army prosecutor Capt. Laura O'Donnell told the jury not to believe Corrales' account of the shooting, where he denied premeditation, the alleged planting of an AK-47 rifle onto the unarmed man and ordering Pvt. Christopher Shore to shoot the wounded Iraqi.

 

There were holes in Corrales' account of the June 23 incident, she said, including how the detainee was able to make it to the back yard after the raided home near Kirkuk was declared secure by

 

Corrales' 25th Infantry Division elite scout platoon.

 

"That detainee somehow made it past 16 soldiers," she said. "That detainee magically made it to the back yard. That doesn't make sense. What makes sense is the accused pushed him to the back yard."

 

But defense attorney Frank Spinner called into question the testimony of several witnesses, including Shore's. Shore, convicted of aggravated assault in relation to the shooting, is serving time in the Ford Island brig.

 

Spinner said Shore's initial statement about the incident was that he was unsure whether he shot the wounded man. He later testified that he had shot to the right of the man, missing him.

 

"This whole theory ... is threadbare," Spinner said. "The centerpiece of their case wasn't even addressed."

 

Spinner attributed the shooting to the "fog of war," where the rules of engagement becomes ambiguous according to different situations.

 

"This was a dynamic environment, an intense mission," Spinner said.

 

Corrales credited testimony from his battalion commander at the time, Lt. Col. Michael Browder, in selling the case that it was a coordinated effort to root out insurgent movement in the area.

 

Corrales said he expects criticism from people who are surprised with the verdict, particularly those "who sympathize with the insurgents."

 

He said Iraqi insurgents have a different value of human life than ordinary citizens do, including those in Iraq.

 

"The rules here in America, we can't take them to Iraq and apply those same rules to the insurgents on the ground," he said. "If we did, there wouldn't be just 4,000 American soldiers, sailors, Marines and airmen dead right now."

 

Corrales said he was grateful to get another chance to spend more time with his family, especially since he is expected to deploy back to Iraq this October. He returned to Schofield Barracks last October from Iraq.

 

External link: http://starbulletin.com/2008/04/26/news/story01.html


Military jury acquits soldier in killing of Iraqi

 

By William Cole

The Honolulu Advertiser

April 26, 2008

 

Army Sgt. 1st Class Trey Corrales, a Schofield Barracks soldier charged with premeditated murder in the shooting death of an unarmed Iraqi last June, was acquitted today of all charges, officials said.

 

"They (the jury) did not find guilty on anything," said Maj. Gary Johnson, the judge advocate for the 3rd Brigade at Schofield Barracks.

 

The military panel of five enlisted soldiers and four officers deliberated for just under seven hours at Wheeler Army Airfield.

 

The prosecution, which made its closing arguments this morning, said Corrales planned the shooting, carried it out and then tried to cover it up.

 

Prosecutor Capt. Laura O'Donnell said Corrales, 35, took an Iraqi detainee into the backyard of a house near Kirkuk and shot him. She said it was premeditated murder.

 

Corrales' defense attorney, Frank Spinner, challenged the credibility of the government's witnesses.

 

If convicted of premeditated murder, Corrales would have faced a maximum penalty of life in prison without parole.

 

Although Corrales was charged with premeditated murder, military Judge Col. Donna Wright instructed the jury that the range of offenses Corrales could be judged on were premeditated murder, unpremeditated murder, or aggravated assault, an official said.

 

Additionally, Corrales was judged on charges of wrongfully soliciting another soldier to murder an unarmed wounded Iraqi who previously had been shot by Corrales; and wrongfully impeding an investigation by causing an AK-47 rifle to be placed near the victim after he had been shot.

 

A second defendant in the shooting, Pvt. Christopher Shore, 26, was tried on a charge of third-degree murder — equivalent to a civilian manslaughter charge - but was found guilty in February of aggravated assault and sentenced to 120 days confinement.

 

Shore, of Winder, Ga., also was given a reprimand and reduction in rank.

 

Schofield soldiers had raided a house in the village of al Saheed outside Kirkuk on June 23 after U.S. forces saw insurgents planting a roadside bomb and then enter the house.

 

The house was secured and no weapons were found. Fellow soldiers in Corrales' platoon testified that Corrales said he was going to kill the next detainee who turned up positive on an explosives residue test, and he marched an unarmed Iraqi outside and shot him.

 

Corrales said on the witness stand yesterday that he made the statement that he was going to kill a detainee only as a scare tactic to get information.

 

The San Antonio man said he subsequently shot an Iraqi in the backyard after suddenly coming upon the man. Corrales denied escorting the man outside.

 

Corrales said he subsequently realized the man he shot had been in the house earlier. He could not explain how the man got past the 16 to 18 Schofield soldiers who had secured the interior of the house.

 

Shore had said Corrales ordered him to "finish" the Iraqi after Corrales shot the man. Corrales denied giving Shore the order, and said Shore fired two shots of his own volition.

 

Corrales also said he was not sure how an AK-47 rifle ended up near the Iraqi, who received five gunshots and died about two days later.

 

External link: http://tinyurl.com/5duy7o

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