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August 24th, 2008 - Soldier Lied about Detainee’s Release, Army Says

News article by the Clarksville Leaf-Chronicle

Summary of the Killing of Ali Monsour Mohammed

Soldier Lied about Detainee’s Release, Army Says

Investigation of two 101st soldiers continues in Iraq

 

By Jake Lowary

The Clarksville Leaf-Chronicle

August 24, 2008

 

More information related to the alleged premeditated murder of an Iraqi detainee by two 101st Airborne Division soldiers was released Saturday morning.

 

Maj. Peggy Kageleiry wrote in an e-mail response to The Leaf-Chronicle that 1st Lt. Michael C. Behenna, 25, claimed he released the detainee to friendly Iraqis near Bayji, knowing that was untrue.

 

Behenna, an Edmond, Okla., native, and Staff Sgt. Hal M. Warner, 34, have been charged with premeditated murder in the death of Ali Mansur Mohamed, an Iraqi detainee who was thought to be released by U.S. forces around May 16.

 

"The specifications on the charge sheet states (that) 1st Lt. Behenna claimed he released the detainee to the Mezra Sons of Iraq near the town of Bayji, which was known to Behenna to be false," Kageleiry wrote. "At what specific point in the process of the detainee's release proceedings he was killed is under investigation."

 

The Associated Press reported the charge sheet stated Mohamed was killed "by means of shooting him with a pistol" at or near their forward operating base near Bayji.

 

Officials haven't told The Leaf-Chronicle or the Associated Press who they believe fired the pistol.

 

Kageleiry also wrote that no details of Mohamed's detainment are being released. She indicated he was from the Bayji area, which is in the North Salad ad Din province.

 

Warner, of Bragg, Okla., is an infantry platoon sergeant, according to Kageleiry, and Behenna is a platoon leader. Both are assigned to D Company, 1st Battalion, 327th Infantry Regiment, 1st Brigade Combat Team.

 

An Article 32 hearing for Warner - the equivalent of a preliminary hearing in civilian court - was reset from Aug. 15 to Sept. 5, and will be held at Contingency Operating Base Speicher, Iraq. The hearing will determine if there is enough evidence against Warner to stand trial.

 

In addition to the murder charges, both are charged with making a false official statement, assault and obstruction of justice. Warner is also facing a charge of accessory after the fact.

 

Behenna is on his first deployment to Iraq, and Warner his second. Both have been in Iraq for 10 months, Kageleiry wrote. The 1st BCT was to deploy for 15 months.

 

William Lewis, who is married to one of Warner's cousins and who lives in Clarksville, said Warner was on his third tour with the 101st in Iraq.

 

Lewis also said Warner's family is steeped in military tradition. Warner's father retired from the Special Forces, after serving four tours in Vietnam, Lewis said. Warner's uncle retired from the Special Forces after multiple tours in Vietnam.

 

Warner's grandfather served in World War II and retired as a major after 28 years of service. Warner's great-great-grandfather fought for the Union Army and was captured and held prisoner at the Battle of Shiloh during the Civil War. Warner also has an ancestor who fought at Fort Ticonderoga during the Revolutionary War, Lewis said.

 

If convicted, the evidence and facts of the case will determine sentencing, Kageleiry wrote.

 

"Depending on the results of the investigation, the potential punishment could include the possibility of life imprisonment without parole," she wrote.

 

External link: http://www.theleafchronicle.com/apps/pbcs.dll/article?AID=/20080824/NEWS01/808240360

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