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January 24th, 2008 - Sergeant to Be Tried in Iraqi’s Death

News article by the Associated Press

Summary of the Muqdadiya Killings

Sergeant to Be Tried in Iraqi’s Death

 

By Angela K. Brown

Associated Press

January 24, 2008

 

Fort Worth, Texas - An Army sergeant accused of shooting a badly wounded and unarmed Iraqi insurgent in the stomach, then ordering a medic to suffocate him before fatally shooting him in the head will be tried in military court, his attorney said Thursday.

 

The decision to try Sgt. Leonardo Trevino on murder and other charges comes a month after his Article 32 hearing, which is similar to a civilian grand jury.

 

"Just a fraction of information in this case" has been heard, his attorney Richard V. Stevens told The Associated Press. "The issues are far from over."

 

The case was referred to court-martial on Jan. 10, Stevens said, although Fort Hood officials the past two weeks said no decision had been made about whether Trevino would go to trial. Fort Hood officials did not immediately return calls seeking comment on Thursday.

 

Trevino, 30, of San Antonio, remains in pretrial confinement at the Bell County Jail, Stevens said.

 

The charges stem from a June night in Muqdadiyah, Iraq, when Trevino's "small kill team" went to a dangerous neighborhood where insurgents were reportedly making improvised explosive devices.

 

After killing one of three insurgents in a gun battle, the soldiers followed a blood trail into a house where one of the wounded lay crying and bleeding, according to testimony at the December hearing. The insurgent, who had about two dozen gunshot wounds, was not armed, according to a soldier's testimony.

 

Trevino is charged with attempted premeditated murder for allegedly shooting the Iraqi in the abdomen, a nonfatal wound, and with soliciting murder for reportedly telling an Army medic to suffocate the man. Trevino is charged with premeditated murder for allegedly then shooting the insurgent in the head, killing him.

 

Trevino also is charged with impeding the investigation. He's accused of telling a soldier to drop a gun by the Iraqi's body, instructing troops to say the man was armed and lying to his superior by saying the man had a gun.

 

Stevens said no trial date has been set but that the government first wants to try two other soldiers charged in the case.

 

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 dead insurgent's body in the street after the gun battle.

 

Because Fort Hood officials did not respond to calls seeking comment, The Associated Press was unable to get the names of attorneys for Torres and Whiteman.

 

© 2008 The Associated Press

 

External link: http://www.chron.com/disp/story.mpl/ap/nation/5484137.html

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