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Tracy Marine pleads guilty in slaying of Iraqi civilian |
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Written by Xiuhcoatl
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Nov 08, 2006 at 11:31 PM |
Tracy Marine pleads guilty in slaying of Iraqi civilianBy THOMAS WATKINS
THE ASSOCIATED PRESS
Last Updated: November 7, 2006, 04:44:52 AM PST
Source: Modesto Bee
CAMP PENDLETON — A Marine pleaded guilty Monday to aggravated assault and conspiracy to obstruct justice before testifying that his squad executed a known insurgent who turned out to be a civilian.
Lance Cpl. Tyler A. Jackson, 23, entered those pleas and others through attorney Thomas Watt at a military court hearing.
Cpl. Marshall L. Magincalda of Manteca also faces court-martial in the case. He has entered a not guilty plea.
Jackson said the shooting occurred after the squad led by Sgt. Lawrence G. Hutchins hatched a plan to kidnap an insurgent who was suspected of being responsible for several explosions, including one that killed four Marines.
Three members of Jackson's unit went into the village of Hamdania on April 26 and returned with a prisoner who was then shot by the side of a road, Jackson said.
"Sergeant Hutchins ordered us to get on line," Jackson testified. "Everyone fired rounds, including myself, but I fired my rounds above him. I knew he was going to be shot, but I didn't want to be the one to do it."
Military judge Lt. Col. Joseph Lisiecki told Jackson that even if the man were a known insurgent, it was unlawful to kidnap and kill him.
Lisiecki asked Jackson if he thought military rules of engagement permitted him to carry out such a plan. "No, sir," Jackson replied.
Earlier in the hearing, Jackson pleaded not guilty to murder, kidnapping, larceny, housebreaking and another charge of conspiracy. Those charges were dropped later as part of his plea deal.
Jackson was the third serviceman to plead guilty to reduced charges in return for his testimony in the case, in which seven Marines and a Navy corpsman were charged with murdering 52-year-old Hashim Ibrahim Awad.
Jackson has been in military prison since May. He faces a maximum of 15 years when he is sentenced Nov. 16. The term likely will be reduced.
Last month, Pfc. John Jodka III pleaded guilty to assault and conspiracy to obstruct justice.
The first to make a deal was Petty Officer 3rd Class Melson J. Bacos, a Navy corpsman on patrol with the Marines. He pleaded guilty to kidnapping and conspiracy and was sentenced to a year in prison.
Bacos and Jodka previously testified that members of the squad abducted Awad, a former policeman and father of 11, after a plot to kidnap and kill insurgent Saleh Gowad failed. A shovel and AK-47 were placed near Awad's body to make it appear he was an insurgent planting a roadside bomb, both defendants said.
Jodka and Bacos singled out Hutchins as hatching the kidnapping. Hutchins' attorney, Rich Brannon, has said he did not believe Hutchins did anything wrong.
Jackson's version of events was similar to the testimony of his colleagues. He said Hutchins orchestrated the plan, but everyone agreed to it.
Jackson said that to his knowledge the man was the insurgent. He said he learned later that it was Awad. Bacos testified that someone woke up when the men approached the insurgent's house, so they grabbed Awad from another house.
Jackson said Bacos fired an AK-47 in the air, and Magincalda put the bullet casings and gun by Awad's body. Magincalda told him that if anyone asked about the incident, he should "stick to the story," Jackson testified.
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