thedrifter
08-03-07, 06:45 AM
Associated Press
Juries to Deliberate Marines' Sentences
By THOMAS WATKINS 08.03.07, 5:35 AM ET
CAMP PENDLETON, Calif. -
As the senior member of an eight-man squad accused in the killing of an Iraqi civilian, Marine Sgt. Lawrence G. Hutchins III was always a focus of the investigation.
Testimony from several of Hutchins' comrades implicated him as being the mastermind behind a failed plot to kidnap and kill a suspected insurgent that ended instead in the killing of another man.
On Thursday, Hutchins became the first squad member convicted of murder in the killing. He had been charged with premeditated murder but premeditation was stricken from the verdict, so he no longer faces a mandatory life sentence.
Hutchins was also convicted of conspiracy to commit murder, making a false official statement and larceny. He was acquitted of kidnapping, assault and housebreaking.
A military jury was expected to decide Hutchins' sentence Friday. Sentencing options range from no punishment and no discharge, to life in prison without parole and a dishonorable discharge.
In another courtroom on the base, a military jury was expected Friday to continue deliberating the sentence for one of Hutchins' squad members, who was convicted this week of conspiracy and lesser crimes but acquitted of premeditated murder and kidnapping.
Cpl. Marshall Magincalda, 24, could get up to life in prison, but there is no mandatory minimum sentence. He also was found guilty of larceny and housebreaking, and cleared of making a false official statement.
Prosecutors said that during a nighttime patrol in Hamdania, Iraq, in April 2006, Hutchins' squad hatched a plan to kidnap and kill a suspected insurgent from his house. When they couldn't find him, they instead abducted a man from a neighboring house, dragged him to a hole and shot him.
He had been identified as Hashim Ibrahim Awad, 52, but the name was dropped after defense attorneys contended the identity was not conclusive.
Prosecutors said squad members tried to cover up the killing by planting a shovel and AK-47 near his body to make it look like he was an insurgent planting a bomb.
Several witnesses testified the plot was born out of frustration after suspected insurgents kept evading prosecution.
The squad was pulled from the battlefield after the slaying. All eight members were initially charged with murder and kidnapping.
Four lower-ranking Marines and a Navy corpsman cut deals with prosecutors in exchange for their testimony and received sentences ranging from one to eight years in prison.
A jury last month acquitted a squad member of murder but convicted him of conspiracy to commit murder and kidnapping. According to testimony, Cpl. Trent Thomas of Madison, Ill., had greater involvement in the killing than Magincalda. Thomas was sentenced to a reduction in rank and a bad-conduct discharge but no prison time.
Ellie
Juries to Deliberate Marines' Sentences
By THOMAS WATKINS 08.03.07, 5:35 AM ET
CAMP PENDLETON, Calif. -
As the senior member of an eight-man squad accused in the killing of an Iraqi civilian, Marine Sgt. Lawrence G. Hutchins III was always a focus of the investigation.
Testimony from several of Hutchins' comrades implicated him as being the mastermind behind a failed plot to kidnap and kill a suspected insurgent that ended instead in the killing of another man.
On Thursday, Hutchins became the first squad member convicted of murder in the killing. He had been charged with premeditated murder but premeditation was stricken from the verdict, so he no longer faces a mandatory life sentence.
Hutchins was also convicted of conspiracy to commit murder, making a false official statement and larceny. He was acquitted of kidnapping, assault and housebreaking.
A military jury was expected to decide Hutchins' sentence Friday. Sentencing options range from no punishment and no discharge, to life in prison without parole and a dishonorable discharge.
In another courtroom on the base, a military jury was expected Friday to continue deliberating the sentence for one of Hutchins' squad members, who was convicted this week of conspiracy and lesser crimes but acquitted of premeditated murder and kidnapping.
Cpl. Marshall Magincalda, 24, could get up to life in prison, but there is no mandatory minimum sentence. He also was found guilty of larceny and housebreaking, and cleared of making a false official statement.
Prosecutors said that during a nighttime patrol in Hamdania, Iraq, in April 2006, Hutchins' squad hatched a plan to kidnap and kill a suspected insurgent from his house. When they couldn't find him, they instead abducted a man from a neighboring house, dragged him to a hole and shot him.
He had been identified as Hashim Ibrahim Awad, 52, but the name was dropped after defense attorneys contended the identity was not conclusive.
Prosecutors said squad members tried to cover up the killing by planting a shovel and AK-47 near his body to make it look like he was an insurgent planting a bomb.
Several witnesses testified the plot was born out of frustration after suspected insurgents kept evading prosecution.
The squad was pulled from the battlefield after the slaying. All eight members were initially charged with murder and kidnapping.
Four lower-ranking Marines and a Navy corpsman cut deals with prosecutors in exchange for their testimony and received sentences ranging from one to eight years in prison.
A jury last month acquitted a squad member of murder but convicted him of conspiracy to commit murder and kidnapping. According to testimony, Cpl. Trent Thomas of Madison, Ill., had greater involvement in the killing than Magincalda. Thomas was sentenced to a reduction in rank and a bad-conduct discharge but no prison time.
Ellie