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May 21st,
2008 - Winder Soldier's Conviction, Sentence in Iraqi Case Reduced News article by the Associated Press News article by the Honolulu Advertiser |
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Winder Soldier's Conviction,
Sentence in Iraqi Case Reduced By the Associated Press & Access North Georgia May 21, 2008 Honolulu - The Army on
Tuesday reduced the conviction and sentence of a Barrow County soldier tried
earlier this year for murder in the fatal shooting of an unarmed Iraqi last
year. A court-martial panel, or
jury, in February found Christopher Shore not guilty of third-degree murder
in the June death near Kirkuk in northern Iraq. But the panel found Shore
guilty of aggravated assault. Brig. Gen. J. Michael
Bednarek, acting commander of the 25th Infantry Division, reduced that
conviction to assault, a misdemeanor. The change erased the soldier's felony
record. Last month, a separate
court-martial found Shore's platoon sergeant, Sgt. 1st Class Trey Corrales,
not guilty of premeditated, or first-degree, murder in the same incident. The general also reduced
Shore's prison sentence from 120 days to 72 days, or the equivalent of the
time already served. Shore, of Winder, also was
allowed to regain his old rank, specialist. The military panel had ordered
him demoted to private. “We're just relieved,” said
Shore's lawyer, Michael Waddington. “I called his dad and told him. He was
relieved this is finally done with. I think we're all pretty excited about
it.” The Army said in a news
release that Bednarek made his decision after carefully considering the
record of trial, the staff judge advocate's recommendation and appeals by
Shore's attorneys. Waddington had asked the
general for clemency in the case. Friends and family from Winder wrote to the
Army on Shore's behalf, while his chain of command spoke in his favor. Waddington said Shore plans
to stay in the Army. Shore had been selected for promotion to sergeant before
the court-martial, and Waddington said he expected that promotion to move
ahead now that Shore's old rank has been reinstated. The shooting happened as
Shore's and Corrales' platoon raided a home they suspected was a hideout for
insurgents who had been planting roadside bombs and shooting at U.S.
helicopters. Corrales, 35, admitted
shooting the man after his platoon burst into the house. But he argued the
killing fell within the rules of engagement governing the use of deadly
force. Shore admitted shooting
toward the man after Corrales told the junior soldier to “finish him” an
order Corrales says he never issued. But Shore, 26, said he deliberately
missed the man and only fired because he was afraid of outwardly disobeying
Corrales. An Army report said the
victim's name was Salih Khatab Aswad, but no one came forward to claim his
body and the U.S. military was unable to confirm his identity. An autopsy
determined he died from multiple gunshot wounds. Aside from Corrales and
Shore, no prosecution witness in either court-martial said they saw Aswad
being shot. The incident came about 11
months into a 15-month deployment for the 3rd Brigade Combat Team, 25th
Infantry Division based at Schofield Barracks in central Oahu. The Pentagon formally
announced Monday the brigade would be sent to Iraq again this fall. It is not
clear whether Shore will join the rest of the unit on this deployment. External link: http://www.accessnorthga.com/detail.php?n=210152&c=10 Soldier Granted Clemency in
Iraq Civilian Death Case By Honolulu Advertiser May 21, 2008 The Army yesterday reduced
the charge and punishment against a Schofield Barracks soldier who had been
found guilty of aggravated assault in connection with the killing of an Iraqi
civilian last June. Advertisement The action followed the
acquittal last month of another Schofield soldier who admitted shooting the
Iraqi during a raid on a house in a village near Kirkuk. Brig. Gen. J. Michael
Bednarek, commanding general of the 25th Infantry Division, yesterday granted
clemency to Spc. Christopher P. Shore, 26, of Winder, Ga. Shore had been found guilty
in February of aggravated assault. He was sentenced to 120 days' confinement,
a two-grade reduction in rank and given a written reprimand. Bednarek yesterday announced
that the charge against Shore was reduced to simple assault and that his
sentence was reduced to time served - 72 days. Shore was released May 1
from the Ford Island Naval Brig after Bednarek granted a deferral of
confinement. Shore was a member of a
platoon that raided a house in the village of Al Saheed, looking for
insurgents suspected of firing at U.S. helicopters and planting roadside
bombs. Shore claimed platoon leader
Sgt. 1st Class Trey Corrales ordered him to shoot an Iraqi man. Shore said he
fired but intentionally missed. Corrales, 35, of San
Antonio, was acquitted April 25 after testifying that his shooting of the man
was within the military's rules of engagement. External link: http://tinyurl.com/6jb4d3 By Gregg K. Kakesako Honolulu Star Bulletin May 21, 2008 The 26-year-old Schofield
Barracks soldier who was convicted in February of felony assault in the death
of an unarmed Iraqi man was set free yesterday after being granted clemency
by Army officials. In one of his last acts as
acting commanding general of the 25th Infantry Division, Brig. Gen. J.
Michael Bednarek reduced the conviction of Christopher Shore, of Winder Ga.,
from aggravated assault to assault, a misdemeanor, and allowed him to retain
his old rank as specialist. Shore had been reduced by two ranks to private. Bednarek's actions also
erases Shore's felony record. Shore's prison sentence was reduced by Bednarek
from 120 days to 72 days, or the equivalent of the time he has already
served. "We're just
relieved," said Shore's lawyer, Michael Waddington. "I called his
dad and told him. He was relieved this is finally done with. I think we're
all pretty excited about it." He said Shore plans to stay
in the Army. Shore has been imprisoned in
the Ford Island brig since Feb. 20 after being convicted by a court-martial
of aggravated assault in the killing of an Iraqi detainee last June in
Kirkuk. He testified that his
platoon sergeant, Sgt. 1st Class Trey Corrales, ordered him to shoot the
wounded man to "finish him," but Shore said he intentionally missed. Corrales, of San Antonio,
was acquitted of all charges, including murder, in a separate court-martial
last month. Corrales, 35, admitted
shooting the man after his platoon burst into the house. But he argued the
killing fell within the rules of engagement governing the use of deadly
force. The 14-year Army veteran has said he was going to be promoted to
master sergeant and planned to deploy with his 3rd Brigade Combat Team to
Iraq in October. Shore was released from the
Ford Island brig on May 1 while Bednarek reviewed the request for clemency
from Waddington. Bednarek turns over command
of the 6,000-member 25th Infantry Division today to Maj. Gen. Robert Caslen.
He will become the commanding general for 1st Army Division East in Fort
Mead, Md. The Army Court of Criminal
Appeals has said 16 soldiers have been charged with murder in the killings of
Iraqi citizens. Three of them have received life sentences, while eight of
the 16 were convicted of a lesser charge. Both Corrales and Shore were
assigned to Headquarters and Headquarters Company's elite scout platoon, 2nd
Battalion, 25th Infantry, 3rd Brigade Combat Team, and were in Iraq for 15
months before returning in October. The Associated Press
contributed to this report. External link: http://starbulletin.com/2008/05/21/news/story06.html |