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April 30th, 2008 - Sergeant Says He’s Innocent in Iraqi Murder Case

News article by the Associated Press

Summary of the Muqdadiya Killings

Sergeant Says He’s Innocent in Iraqi Murder Case

 

By Angela K. Brown

Associated Press

April 30, 2008

 

Fort Hood - An Army sergeant fired his weapon twice, hitting an Iraqi insurgent once, but was following the rules of engagement because the man was a threat, he testified Wednesday during his court-martial.

 

Sgt. Leonardo Trevino is accused in testimony of ordering a medic to suffocate the badly wounded insurgent, shooting the unarmed insurgent and then ordering another soldier to place a pistol by the dead man. Asked by his attorney whether he committed those crimes, Trevino said, "No, I did not."

 

Trevino acknowledged Wednesday that the insurgent did not have a pistol, but he said he wasn't worried when questioned by Army investigators "because all those shots were legitimate."

 

Trevino, a 1st Cavalry Division soldier from San Antonio testifying on the first day of the defense case, has pleaded innocent to all charges. He could face life in prison if convicted of premeditated murder, attempted murder, obstruction of justice and solicitation to commit murder.

 

Earlier Wednesday, an Army investigator testified that the pistol allegedly used to kill the insurgent was not found in Trevino's room until a few weeks after the initial search - when others had access to the room.

 

Mickey Nogle, a special agent for the Army's Criminal Investigative Division, said he would not have missed the weapon while searching Trevino's room after he was taken into custody.

 

Sgt. Mark Howard said he found the gun in a backpack at the front of the room a few weeks later while collecting Trevino's belongings. Howard said other people, including some soldiers who turned Trevino in, had access to his room.

 

"I found it kind of strange that all of a sudden there was a (pistol in the) pack in his room," Nogle testified, referring to his reaction to Howard's discovery.

 

Nogle also testified about his three lengthy interviews with Pvt. Tristan Miller, one of the soldiers on Trevino's small-kill team who went to a village overrun with al-Qaida insurgents in Muqdadiyah, Iraq, one night last June.

 

Miller, a key prosecution witness, previously testified that after soldiers killed one insurgent in the street, they followed a blood trail and found a severely wounded insurgent in a house. He said Trevino shot him in the abdomen, a nonfatal wound, and then motioned for another soldier to place a gun beside the man before telling both soldiers, "This is the story. This is the story: The man had a gun," Miller said, quoting Trevino.

 

A medic earlier testified that Trevino ordered him to suffocate the insurgent, which the medic said he pretended to do, and that after learning the man was still alive, Trevino shot and killed him.

 

Nogle said Miller never told him or wrote in his statements that he knew the insurgent was unarmed because he kicked a pillow off the man's arm - which he had told jurors. But under cross-examination, he said Miller stated several times that the insurgent was not a threat.

 

"We needed to know what kind of threat level they were under by the insurgent in that room," Nogle told the military jury.

 

Two soldiers testified that they believed Miller was untruthful. Another medic, Spc. Buddy Stratton, testified that another soldier who later turned Trevino in appeared to fake heat stroke symptoms after Trevino ordered him to do exercises as punishment for some infractions.

 

Spc. Stephen Patterson testified that he took pictures of the two insurgents' bodies that night, a common practice by U.S. soldiers to document evidence. He said he was outside the house that night and heard two gunshots that seemed to come from inside.

 

In March the medic, Spc. John Torres was acquitted of attempted premeditated murder and dereliction of duty for failing to provide aid, said Maj. Steven Lamb.

 

In another trial in March, Cpl. Justin Whiteman, accused of placing the pistol by the insurgent's body, was acquitted of accessory after the fact to attempted premeditated murder and with dereliction of duty, Lamb said.

 

External link: http://www.chron.com/disp/story.mpl/headline/metro/5743604.html

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