LI - thetorturedatabase.org...Jan 14, 2011 · ADVERSE OER/NCOER RELIEF FOR CAUSE SUSPENDED SECURITY ISCHARGE PURSUANT LETTER OF CONCERN/COUNSELING ORAL COMMENT OER/NCOER CLEARANCE

COMMANDER'S REPORT OF DISCIPLINARY OR ADMINISTRATIVE ACTION For use of this form, see AR 190-45; the proponent agency is Office of the Provost Marshal General

JUJrCiNoc um

20050415

PRIVACY ACT STATEMENT

AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSN).

PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately

ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.

DISCLOSURE: Disclosure of your social security number is voluntary.

1. THRU CDR 3rd Battalion„ 21st INF REG FOB Patriot, Iraq i4 )

2. TO CDR C Co, 3rd BN, 21st INF REG FOB Patriot, Iraq

3. FROM Special Agent in Charge 37th MP DET (CID)(-) LSA Diamondback, Iraq

4. USACRC CONTROL NUMBER i 0142-04-C1D389-80688

i 5. MP REPORT NUMBER 6. SUB-INSTALLATION IDENTIFIER

The first Lieutenant Colonel in the chain of command is responsible and accountable for completing DA Form 4833 with support documentation (copies of Article 15s, court-martial orders, reprimands, etc) for all USACIDC investigations. The unit and brigade commander or their equivalent will also receive a copy of the DA

Form 4833 for all USACIDC investigations. Company, troop, and battery level commanders are responsible and accountable for completing DA Form 4833 with supporting documentation in all cases investigated by MPI, civilian detectives employed by the Department of the Army, and the PM0.

Accurate and complete DA 4833 disposition reports are required

to meet installation, command, HaDA, DOD, and federal statutory reporting requirements. The data is used to identify crime trends, establish command programs in law enforcement and other activities, and to ensure that resources are made available to support commanders who must address issues of soldier and family

member indiscipline. In court-martial cases, a conviction of an offense at court-martial may be for a different, or lesser included offense. List the offense for which the individual was

convicted at court-martial in the remarks section.

Block 5. Provost Marshals must enter the Military Police Report number for all cases referred to commanders.

Block 6. This block is used to enter report number from a civilian law enforcement agency police report. Other information on the civilian law enforcement

agency (e.g. civilian law enforcement agency address) may be entered in the remarks section.

7. NAME OF SUBJECT (Last, First, MI) (b)(6), (b)(7)(c)

B. GRADE E-5

9. k (b)(6), (b)(7)(C)

c. ACTION TAKEN

10. DATE OF " ■ ,1.•. . (b)(6), (b)(7)(C)

11 a. OFFENSE(s) 1 lb. DATE (YYYYMMDD)

OF OFFENSE(s) 11 11d. IF NO ACTION TAKEN, EXPLAIN:

MURDER 20041111 YES cg NO LI YESLI NO LI YES NO

12. *

correction,

ACTION TAKEN (check all that apply) Subject was advised that although no action was taken, the report would be retained in Army records and that requests for amendment,

or expungement may be submitted IAW AR 190-45 (MP Reports) or AR 195-2 (CID Reports).

a. NON-ADVERSE PERSONNEL ACTION REFERRAL: REFERRED TO (Check appropriate blocks) DATE REFERRED (YYYYMMDD) DATE RESPONDED (YYYYMMDD)

F = FAMILY ADVOCACY

D = DRUG/ALCOHOL ABUSE

S = SPECIAL REFERRAL

E = EQUAL OPPORTUNITY

L = LEGAL OFFICE

M = MENTAL HEALTH

R = RELIEF AGENCY

b. ADVERSE PERSONNEL ACTION:

4)

REPRIMAND

ADVERSE OER/NCOER

RELIEF FOR CAUSE

SUSPENDED SECURITY

ISCHARGE PURSUANT

LETTER OF CONCERN/COUNSELING

ORAL

COMMENT

OER/NCOER

CLEARANCE

TO AR 635-200

Chapter

OR

WRITTEN

FILED:

OTHER

(ENLISTED)/AR

/0

ADVERSE

LOCALLY

ACTION

600-8-24

Characterization

REGARDING

(OFFICER)

OMPF

SECURITY CLEARANCE

......

0 riye Discharge Date Regulation

c.

d.

_

NONJUDICIAL

JUDICIAL

PUNISHMENT (Article 15,

SUMMARIZED

COMPANY GRADE (If subject was tried by court-martial

SUMMARY COURT MARTIAL

SPECIAL COURT-MARTIAL _____

UCMJ) (ATTACH COPY OF ARTICLE

FIELD GRADE

GENERAL OFFICER IMPOSED attach a copy of the court-martial

GENERAL COURT-MARTIAL

CIVILIAN OR MAGISTRATE CRIMINAL

15)

order

GCMCA IMPOSED

giving findings and sentences.)

COURT - - - • --- Panp 1 nf 2

DA FORM 4833, JUN 2004

DA FORM 4833, Dec 1998, I APD vi .00

10-L-0126 ACLU DD II CID ROI 3245000001 ACLU-RDI 5481 p.1

13 JUDICIAL

_

FINDINGS GUILTY

NOT GUILTY _ DISMISSED

OTHER (For example, guilty of a lesser included offense. Explain in Remarks.)

14.

N

)(

RESULTANT a. REPRIMAND

c. DETENTION

SENTENCES, PUNISHMENTS,

b. ADMONITION

d. FORFEITURE

OR ADMINISTRATIVE (1) ORAL

e. FINED $

ACTION (2) IN WRITING

/ MONTHS

f. REDUCED FROM 1E-6 TO .e.. / g. EXTRA DUTY FOR DAYS h. RESTRICTED FOR DAYS

i. CORRECTIONAL CUSTODY FOR DAYS j. CONFINED YEARS MONTHS

k. SEPARATION:

PUNITIVE DISCHARGE

Chapter: / 'B.'''.

OTHER ...- Characterization: 07-14 Effective Date: //a/6'O)

Type

I. OTHER (For example suspension of driving privileges. Explain in Remarks.)

15. REMARKS

(b)(6), (b)(7)(C) ,5V4 ,VC &I C. .,0/- c 4541.AC. ,) /.... C.... ■

4 Z 49 4 /019.62 C ovre.0 64, ,, - r /4? 47

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1 6 c . DATE OF REPORT (YYYYMMDD)

40.00‘ r Of 0—?

(b)(6), (b)(7)() -

- -

CI . "4 , /

_ .. . ... DA FORM 4833, JUN 2004

age 01 L

APD V1 00


• (b)(6), (b)(7)(C), (b)(7)(F) A A

(b)(6), (b)(7)(C), (b)(7)(0 SA (b)(6), (b)(7)(C), (b)(7)(F) SA (b)(6), (b)(7)(C), (b)(7)(F)

SA (b)(6), (b)(7)(C)

(b)(6), (b)(7)(C), (b)(7)(F) 1:41(b)(6), (b)(7)(C), (b)(7)(F) (b)(6), (b)(7)(C), (b)(7)(F3

SA (b)(6), (b)(7)(C), (b)(7)(F)

SA

DEPARTMENT OF THE ARMY UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND

3rd MILITARY POLICE GROUP 37th MILITARY POLICE DETACHMENT (CID) (-)

MOSUL, IRAQ APO AE 09334

REPLY TO ATTENTION OF

CIRC-ABJ (195-2)

01 MAR 05

MEMORANDUM FOR: SEE DISTRIBUTION

SUBJECT: CID REPORT OF INVESTIGATION — FINAL (C) — 0142-04-CID389- 80688-5H1A/9J

DATES/TIMES/LOCATIONS OF OCCURRENCES: 1. 11 NOV 2004/1400 — 11 NOV 2004/1600; GRID 38S LF 395 195, MOSUL,

IRAQ

DATE/TIME REPORTED: 18 NOV 2004, 1100

(b)(6), (b)(7)(C)

(b)(6), (b)(7)(C)

SGT (b)(6), (b)(7)(C)

M; WHITE; C COMPANY, 3 BATTALION, 21st INFANTRY REGIMENT; FOB PATRIOT, MOSUL, IRAQ (FT LEWIS, WA); CT; [MURDER]

VICTIM: 1. UNKNOWN; M; WHITE; XZ; [NFI] [MURDER].

INVESTIGATIVE SUMMARY:

"This is an Operation Iraqi Freedom investigation."

This investiation was initiated upon receipt of a 15-6 investigation, which indicated SG (b)(6), (b)(7)(C) i

red his weapon at an unknown wounded enemy combatant.

(b)(6), (b)(7)(C) Investigation established probable cause to believe SG ommitted the offense of Murder when he shot an Iraqi detainee in the head after he had no means to resist.

STATUTES:


'CIRC-ABJ SUBJECT: CID REPORT OF INVESTIGATION - FINAL (C) - 0142-04-CID389- 80688-5H1A/9J

22 Nov 04 detailing initial (b)(6), (b)(7)(C)

i1 )(6), (b)(7)(C) GT (b)(6), (b)(7)(C)

(b)(6), (b)(7)(C)

2. Army Regulation 15-6 Investigation Report, 14 Nov 04, pertaining to the shooting.

3. Rights Waiver Certificate and Sworn Statement of SGT (b)(6), (b)(7)(C) 19 Nov 04,

detailing his actions.

4. Rough Scene Sketch, 19 Nov 04, prepared by SGT (b)(6), (b)(7)(C)

(bg, (b)(71(C), n; (1146t (b)(1)(C). FC

Article 118, UCMJ: Murder

EXHIBITS/SUBSTANTIATION:

ATTACHED:

1. Agent's Investigative R

SPC

•(b)(16).: (b) 7)(t)

(b)(6), (b)(7)(C)

(b)(6), (b)(7)(C)

CP (b)(6), (b)(7)

o(6), rox7xc)

SA SG

and SGT (b)(6), (b)(7)(C) coordination with SJA; and re-interview of SG

5. Sworn Statement of CP incident.

6. Sworn Statement of 1S incident.

7. Sworn Statement of PFC incident.

8. Sworn Statement of PF the incident.

9. Sworn Statement of SPC incident.

(b)(6), (b)(7) r (C) 2 Nov 04, detailing his knowledge of the

(b)(7)(C)

22 Nov 04, detailing his knowledge of the

(b)(6), (b)(7) (C)


2 Nov 04, detailing his knowledge of

(b)(6), (b)(7)(C) 22 Nov 04, detailing his knowledge of the

s(b)(6), (b)(7)(C)

10. Sworn Statement of 1L (b)(6), , (b)(7)(C) 2 Nov 04, detailing his knowledge of the incident.



11. Sworn Statement of SFC (b)(6), (b)(7)(C)

incident. (b)(6), (b)(7)(C)

12. Sworn Statement of SGT incident.

13. Sworn Statement of SGT (b)(6), (b)(7)(C)

2 Nov 04, detailing his knowledge of the incident.

2 FOR FFICIAL USE NLY-LAW ENFORCEMENT SENSITIVE


(b)(6), (b)(7)(C)

pecia Agent in Charge

'CIRC-ABJ SUBJECT: CID REPORT OF INVESTIGATION — FINAL (C) — 0142-04-CID389- 80688-5H1A/9J

14. Non-Waiver Certificate of SG" legal counsel.

(b)(6), (b)(7)(C) 26 Nov 04, wherein he requested

15. AIR of SA (b)(6), (b)(7)(C)

1 Feb 05, detailing law enforcement records checks.

NOT ATTACHED:

None.

The originals of Exhibits 1 and 15 were forwarded with the USACRC copy of this report. The original of Exhibit 2 is retained in the files of C CO, 3rd Battalion, 21St Infantry Regiment, 25th

INF DIV, FOB Patriot, Mosul, Iraq. The originals of Exhibits 3 through 14 are retained in the files of this office pending adjudication.

STATUS: This is a Final (C) Report. This investigation is being terminated JAW CIDR 195-1, paragraph 4-17 (a) (4), in that the supported staff judge advocate is of the opinion that sufficient admissible evidence is available to prosecute the subject for the offense(s), that additional investigation would produce only cumulative and unneeded evidence, and that the identification of additional subjects or offenses is unlikely. Commander's Report of Disciplinary Action Taken (DA Form 4833) is pending.

Leads remaining: Full identification of the victim.

Report Prepared By: Report Approved By:

(b)(6), (b)(7)(C), (b)(7)(F)

DISTRIBUTION:

1 - Director, U.S. Army Crime Records Center, USACIDC, Attn: CICR-CR, 6010 6th Street, Fort Belvoir, VA 22060-5506 (Original)

1 — THRU: Commander, 1 1 th MP Battalion (CID) (FWD), Attn: Operations Officer, (CID)(FWD), Baghdad, Iraq

THRU: Commander, 3d MP Group, USACIDC (ATTN: CIRC-OP) 4699 N 1St ST, Forest Park, GA, 30297-5119

TO: Commander, HQ USACIDC, CIOP-COP-CO, Fort Belvoir, VA 22060 1- OAFME, AFIP, Rockville, MD 1- Staff Judge Advocate, 1St Brigade (SBCT), Attn: MAJ

(b)(6), (b)(7)(c) OB Freedom, Iraq

1 — Chief of Staff, TFF (email only)

3 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE


CIRC-ABJ SUBJECT: CID REPORT OF INVESTIGATION — FINAL (C) — 0142-04-CID389- 80688-5H1A/9J

1 — Staff Judge Advocate, TFF (email only) 1 — Provost Marshal's Office, TFF (email only) 1 - File

4 N


AGENT'S INVESTIGATION REPORT ROT NUMBER

0142-04-CID389-80688 CID Regulation 195-1

PAGE 1 OF 3 PAGES DETAILS

BASIS FOR INVESTIGATION: About 1100, 18 Nov 04, this office was notified by MA Brigade Operational Law Team 1st Bri ade SBCT 25th ID (Light), FOB Patriot - Mosul, Iraq, that a soldier identified as SGT (b)(6) (b)(7)(C) 3rd Platoon, C CO, 3-21 Infantry, FOB Patriot - Mosul, Iraq (Fort Lewis, WA), fired his weapon at an unknown, wounded enemy combatant. MAJ provided this office with a copy of the completed 15-6 Investigation. (See 15-6)

About 1400 19 Nov 04, SA (b)(6), (b)(7)(c) advised SGT

(b)(6), (b)(7)(c) I f his legal rights which he waived. SGT rovided a sworn statement relating his unit was conductinl a movement to contact operation in

(b)(7)(C) Mosul, Iraq when the unit came under heavy small arms fire. SG (b)(6), uad dismounted their Stryker Combat Vehicle (SCV) and engaged enemy combatants. During the engagement, SG shot an unidentified male combatant in the abdominal ar- I.- one.. t was then disarmed of his AK-47

(b)(6), (b)(7)(C) (b)(6), (b)(7)(C) rifle, flex-cuffed, and given first aid by members of SG quad. SGT d members of his unit attempted to carry the combatant to the SCV, but due to the incomint fire and the belief the combatant was dead, the order was given to leave the combatant. SGT(h)(6)' (b)(7)(C) .tated he fired two rounds toward the combatant but both rounds struck the 'round near the combatant's head. The comba t • 'd not (b)(6), (b)(7)(C) move or react in any way which led SGT th)(6), (b)(7)(C) o believe the combatant was dead. SGT stated he did not want to leave a wounded combatant on the battlefield as he might compromise t e umt an we to fight another day. (See Rights Waiver Certificate and Sworn Statement)

(b)(6), (b)(7)(C) About 1911, 22 Nov 04, S interviewed CPT th)(6), (b)(7)(c)

3-21 Infantry, who provided a sworn statement relating SG I (b)(7)(c) 61111-11

he had fired twice at the wounded enemy combatant. According to CPT C )(6) (b) believed he had missed both shots taken at the wounded combatant. CPT tated SGT not tell him he had "double-tapped" the wounded combatant. (See Sworn Statement)

About 1920, 22 Nov 04, SA this office, interviewed 1SG • )(6), (b)(7)(C) irst Sergeant, C CO, antr w o •rovided a sworn statement relating he spoke to SGT

(b)(6), (b)(7)(C) fter the inciden°

1(b)(6), (b)(7)(C) told him he shot ed combatant. S (b)0 (

had prey _I • 5), b)(7)

to CP (c) - garding the incident and CP en related to 15 that SG (b)(6), (b)(7)(c)* ,tated he "double-tapped" the wounded combatant. ee Sworn Statement)

About 1940, 22 Nov 04, SA (b)(6), (b)(7)(C) this office, interviewed PFC (b)(6), (b)(7)(c)

C CO, 3-21 Infantry, who provided a sworn statement relating he assisted in attempting to evacuate h- wounded combatant to the vehicles but that he was too heavy to move. PFC (b)(6), (b)(7) as then told by SG 1(1'0), (b)(7)(c)

to get back to the vehicles. PFC (b)(6), (b)(7) tated he heard two shots fired that he recognized as coming from an M-4 rifle. PF (I'M (I)" 'd not witness SG I ' (b)(6) (b)(7)(C) fire his rifle at the wounded combatant but assumed I ' 1

that he shot him to prevent him from suffering a "slow, painful death". (See Sworn Statement)

(b)(6), (b)(7)(C)

(b)(6), (b)(7)(C)

)(6), (b)(7)(C)

(b)(6), (b)(7)(C)

to GT

II (bV6): 4-UK!) I

(b)(6), (b)(7)(C)

Commander, C CO, ission that

old him he did

(b)(6), (b)(7)(C) (b)(6), (b)(7)(C)

- S IS (b)(6), (b)(7) (C)

(b)(6), (b)(7)(C) (b)(6), (b)(7)(C)

ORGANIZATION 75th MP DET CID (-), USACIDC LSA Diamondback - Mosul, Iraq APO AE 09334

TYPED AGENT'S NAME AND SEQUENCE NUMBER

(b)(6), (b)(7)(C), (b)(7)(F)

SIGNATU

CI

DATE EXHIBIT 22 Nov 04

FOR OFFICIAL USE ONLY

26 ACLU DD II CID ROI 3251 000007 ACLU-RDI 5481 p.7

About 2015, 22 Nov 04, (b)(7)(C) this office, interviewed SGT Mat CO, 3-21 Infantry, who provided a sworn statement relating h wounded combatant (o)(6),I(b)(7)(C)re told to leave the dead body. SGT feet away when SG ired his weapon the first time. SG saw SG (1))(6), (b)(7)(C) .tanding about 2-3 feet from the wounded comba . an was pulling back his charging

0;(7)(C) 1(b)(6), (b)(7)(C) elated he kept walking toward the vehicles and then heard another shot fired by SGT

See Sworn Statement)

who provided a sworn statement relating he was watching the detainees being evacuated through the Remote Control Weapons System (RWS) which is a TYPED AGENT'S NAME AND SEQUENCE NUMBER

(b)(6), (b)(7)(C), (b)(7)(F)

(b)(6), (b)(7)(C)

• • • MO, (b)(7)(C)

(b)(6), (b)(7)(C) tated he was about 10-15

stated he turned around and

g in the evacuation of the

About 2040, 22 Nov 04, SA nterviewed SG (b)(6), (b)(7)(c) (b)(6), (b)(7)(C)

NTT- 10-L-0126 ACLU DD II CID ROI 3252000008

ORGANIZATION 75th MP DET CID (-), USACIDC LSA Diamondback - Mosul, Iraq APO AE 09334 DATE

22 Nov 04 EXHIBIT

AGENT'S INVESTIGATION REPORT 0142-04-CID389-80688 ROI NUMBER

CID Regulation 195-1

PAGE 2 OF 3 PAGES

his office, interviewed PFC 'ded a sworn statement relating that prior to shooting the enemy

as yelling at an enemy combatant. At one poi eard SG:(b)(6), (b)(7)(c) ell out, "You're so lucky". It was after this that SG

the enemy combatant in the stomach. (See Sworn Statement)

(b)(6), (b)(7)(C)

(b)(6), (b)(7)(C)

DETAILS:

About 1950 22 Nov 04, SA CO, 3-21 Infan

combatant in the stomac

(b)(6), (b)(7)(C)

II A I I • (b)(6), (b)(7)(C)

(b)(6), (b)(7)(C)

About 2011, 22 Nov 04, SA (WO, (b)(7)(C) this office, interviewed 1LT Platoon Leader, 3d Platoon, C CO, 3-21 Infantry, who Irovided a sworn statement relating the wounded (b)(6)(brx0 combatant was initially talking and was moving. 1LT tated he ro;x6), 04,34d to the vehicles to fix his radio and then heard over the radio that the wounded combatant was dead. 1L tated he then gave the order to leave the dead combatant. (See Sworn Statement)

I(b)(6), (b)(7)(C)

pproached him after they left the the head and that he had been flex-cuffed. SF they got b over SGT CO, 3-21 Infantry, told him he witnessed SG fire two shots at the wounded combatant. (See Sworn Statement)

(b)(6), (b)(7)(C)

(b)(6), (WOK),

(b)(6), (b)(7)(C) ;

About 2013, 22 Nov 04, SA(b)(6), (b)(7)(C)

this office, interviewed SF latoon Sergeant, 3"' Platoon, C CO, 3-21 Infantry, who provided a sworn statement relating SGT

batant

(b)(6), 1))(17)(C.) 1 a la 8

a(b;(6):4-(71(cf old SG

dle of a mission. SF

1.11 II II I ' (b)(6), (b)(7)(C)

;(b)(6), (b)(7)(C)

had shot the combatant in hey would discuss it when

lated after ();(6):(b)(7)M

• (b)(6), (b)(7)(C)

hot

0;4), (f);(7).(6)

About 2002, 22 Nov 04, S 21 Infantry, who provided a sworn a field dressing on his wound. SP

It that he was either dead or would be de old him to get back to the vehicles. SP

twice but did not actually see him fire his weapon. SP combatant and observed that he had head wounds and blood running from his head. (See Sworn Statement)

(b)(6), (b)(7)(C) is office, interviewed SPC(b)(6), (b)(7)(c)

C CO, 3- ting he administered aid to the wounded combatant by placing

tated that after putting the wounde• .me .tant down on the w minutes. SP II

(b)(6), (b)(7)(C) .tated SGT

n heard SGT (b)(6)' (b)(7)(C) re his weapon elated he then looked back at the wounded

.11 .1 I I. - (b)(7)(C)

- (b)(6), (b)(7)(C)

ACLU-RDI 5481 p.8

ROI NUMBER AGENT'S INVESTIGATION REPORT 0142-04-CID389-80688 CID Regulation 195-1

PAGE 3 OF 3 PAGES DETAILS:

k (b)(6)0:11)( 1 )1A

(b)(6), (b)(7)(C)

ring system utilized in the Stryker vehicle. SGT re his rifle at the woun tated he witnessed SG

he body flinch. SGT

tated he witnessed SGT and saw the body of the combatant flinch. SGT

fire his rifle at the combatant a second time but did not see tated his vehicle was about 30-40 meters from SGT (b)(6), (b)(7)(C)

location ut described the RW system as operating like a pair of binoculars where the image on the screen is zoomed in loser than the actual distance. (See Sworn Statement)

(b)(6), (b)(7)(C)

(b)(6), (b)(7)(C)

(b)(6 , (b)(7)(C)

bout 1130, 23 Nov 04, SA(bc)(6)' (b)(7) I d SA (b)(6), (b)(7)(C)

pine relating there was probable cause to believe SG ired two shots at the wounded combatant's head.

(b)( oordinated with M (b)(6), 7)A c ho provided a legal ominitted the offense of murder when he

(b)(6), (b)(7)(C)

GENT'S CO raq, listed SGT eing recovered an

e Special Agent in Charge (SAC), 75th MP Detachment (CID), Mosul Airfield, as the subject of Attempted Murder in the official CID report due to the body not

it eing unknown if the combatant was dead or alive at the time SG 1(h)(6)' (h)(7)(C) hot him.

1./ (b)(6), (b)(7)(C)

bout 1355, 26 Nov 04, S (b)(6), (b)(7)(C)

equesting legal counsel. (See 9 • S •

advised SGT (b)(6), (b)(7)(c) • f his legal rights which he invoked, on-Waiver Certificate) ///LAST ENTRY///

ORGANIZATION 75th MP DET CID (-), USACIDC LSA Diamondback - Mosul, Iraq APO AE 09334

TYPED AGENT'S NAME AND SEQUENCE NUMBER

(b)(6), (b)(7)(C), (b)(7)(F)

DATE 26 Nov 04

SIGNATURE (b)(6), (b)(7)(C) EXHIBIT

CID FOR OFFICIAL USE ONLY

0126 ACLU DD II CID ROI 3253 000009 ACLU-RDI 5481 p.9

Exhibit 2

Page(s) 10 thru 68 referred to:

Office of the Judge Advocate General FOIA Public Liaison Attention: DAJA-AL

1777 North Kent 10th Floor

Rosslyn, VA 22209

10-L-0126 ACLU DD II CID ROI 3254

All redactions in this document are made in accordance with FOIA Exemption 6.

ACLU-RDI 5481 p.10


(b)(6)(b)(6)

(b)(6)

(b)(6)

(b)(6) (b)(6)

(b)(6)(b)(6)(b)(6)

(b)(6) (b)(6)(b)(6)

ACLU-RDI 5481 p.11


(b)(6)

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ACLU-RDI 5481 p.12


(b)(6)

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ACLU-RDI 5481 p.13


(b)(6) (b)(6)

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(b)(6)

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(b)(6)(b)(6)

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(b)(6)(b)(6)

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(b)(6)(b)(6)(b)(6)(b)(6)

ACLU-RDI 5481 p.14

(b)(6)

(b)(6)(b)(6)

(b)(6) (b)(6)(b)(6)

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(b)(6)

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(b)(6)(b)(6)(b)(6)

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ACLU-RDI 5481 p.15


(b)(6)

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ACLU-RDI 5481 p.16


(b)(6)

(b)(6) (b)(6)

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(b)(6)

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ACLU-RDI 5481 p.17


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ACLU-RDI 5481 p.19

00001910-L-0126 ACLU DD II CID ROI 3264ACLU-RDI 5481 p.20


(b)(6)(b)(6)

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ACLU-RDI 5481 p.34


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ACLU-RDI 5481 p.36


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ACLU-RDI 5481 p.37


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ACLU-RDI 5481 p.38


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ACLU-RDI 5481 p.39
















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ACLU-RDI 5481 p.54









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ACLU-RDI 5481 p.69

RIG' , .ARNING PROCEDURE/WAIVER CEP 'L,ATE F4r.,..ta of this form, see AR 190-30; the proponent agency is Utt48OPS

DATA REQUIRED BY THE PRIVACY ACT

AUTHORITY: Title 10, United States Code, Section 3012(g)

PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified. ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your Social Security Number is voluntary.

1. LOCATION CID, Mosul Airfield, Mosul, Iraq, APO AE 09334

2. DATE (b)(6), (b)(7)(C)

igN040 - • • 4. FILE NO.

0142-04-CID389- gc )(6), (b)(7)(C)

SSN .

8. ORGANIZATION OR ADDRESS

C Co, 3/21 Infantry FOB Patriot Mosul, Iraq

. GRADE/STATUS

SGT/AD (b)(4 0)(7)(C)

PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE

Section A. Rights

The investigator whose name appears below told me that he/she is with the United as a Speical Agent

States Army Criminal Investigation Command and wanted to question me about the following offense(s) of which I am

suspected/accused. Article 118, UCMJ: Murder/// he/she asked me any questions about the offense(s),

(b. ) do not have to answer any question or say anything.

nything I say or do can be used as evidence against

For personnel subject othe UCMJ I have the right

•uring questioning. This lawyer can be a civilian

•r both.

For civilians not subject to the UCMJ) I have the

e during questioning. I understand that this lawyer

'II be appointed for me before any questioning

f I am now willing to discuss the offense(s) under

.peak privately with a lawyer before answering

however, he/she made it clear to me that I have the following rights:

me in a criminal trial.

to talk privately to a lawyer before, during, and after questioning and to have a lawyer

lawyer I arrange for at no expense to the Government or a military lawyer detailed for

- Or -

right to talk privately to a lawyer before, during, and after questioning and to have a

can be one that I arrange for at my own expense, or if I cannot afford a lawyer and

begins.

investigation, with or without a lawyer present. I have a right to stop answering questions

further, even if I sign the waiver below.

00), (b)(7)(C)

present with me

me at no expense to me,

lawyer present with

want one, a lawyer

at any time, or

(see reverse) 5. COMMENTS (Continue on reverse side)

Have you been advised of your rights in the

MO, ()(7)(C)

last 30 days e , IP o you currently have legal counsel? O

Section B. Waiver

I understand my rights as stated a-m-v-4, th-st-A- -tr, ling to discuss the offense(s) under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me. 1k 1' '. 1k 1k 1

(b)(4 (b)(7)(C) -

3. ., :D.: • 0)(4 0)(7)(C)

4.

la. NAME

SA . ORGANIZATION OR ADDRESS AND PHONE

75- Z:61 tn A, ,d6-7- (c/,1)

AA9 & e7 3 5 1/- itte,fai-i M/6i7

2a. NAME (Type or Print) 5. TYPED ■ . 4 • ■ • • ! 0)(4 (b)(7)(C)

5.4- . ORGANIZATION OR ADDRESS AND PHONE 6. ORGA - - - - -

75 C/D D6-064/77E-A/7- 71051)L- /R42-4 /

Section C. Non-waiver

1 I do not want to give up my rights

ID I want a lawyer D I do not want to be questioned or say anything

2. SIGNATURE OF INTERVIEWEE

ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED

DA FORM 3881, NOV 89

EDITION OF NOV 84 IS OBSOLETE

USAPA 2.01

10-L-0126 ACUI 131844401D ROI 3314000969 ACLU-RDI 5481 p.70

SWORN STATEMENT

(b)(6), (g)(3).(C) A

File Number: 0142-04-CID389- go(on Location: Mosul Airfield, Iraq Date: 19 Nov Statement of: SSN (b)(6), (b)(7)(C)

Org/Address: Charlie CO, 3-21st Infantiy,

(b1(6), (b)(7)(C)

Grade/Status: E-5/AD FOB Patriot — Mosul, Iraq (Fort Lewis, WA)

I A (b)(6), (b)(7)(C)

Time: tLo

(b)(6), (b)(7)(C) ant to make the following statement under oath: I am making this

statement freely. I have been assigned with Charlie CO, 3-21 s' Infantry for about two and a half years and have been deployed in Iraq since October 2004. I am currently serving as the 1t Squad Leader in 3rd Platoon. On 11 Nov 04, our company was assigned the task of moving to contact within the city of Mosul, Iraq. The purpose was to kill or capture AIF personnel. My platoon was second in the order of movement and my vehicle was the lead within our platoon. We were traveling west when I saw 1st Platoon go through an intersection and they came under small arms and RPG fire. My platoon went through the intersection and came under small arms fire. My platoon followed the lead platoon away from the intersection moving south and then was told over the radio to turn around and engage the enemy. My platoon broke away from the lead platoon, turned around, and headed back toward the intersection. Once we got back to the intersection we realized most of the small arms fire was coming from an area west of our location. The area was semi-open with sporadic houses throughout. We turned west into that area and tried to maneuver the vehicles but the ground was too soft. I saw several locations around or inside houses where individuals were shooting at us so I dismounted my squad to the right of the vehicle. We moved around a building to get cover from the small arms fire. I sent one team to the next building over for cover and I took the other team and moved to the next building. We were moving in a generally north direction from one building to the next. From that point I saw several locations where people were shooting at us from the west. I pinpointed one individual and moved my squad into the building south of his location. We started to clear the building and the platoon leader called over the radio asking if I wanted reinforcements. I told him to send me another team and they showed up about a minute later. We continued moving through the building trying to get to the next building over. Once I got to the southwest corner of the building I saw an AIF individual sitting at the northwest corner of the building south of our location. I shot once at the individual, saw that I hit him in the stomach, and saw him sit back and roll on his side. I ran toward the individual and saw his eyes rolling back in his head. I thought he was dead because he made no responses but I started dragging him toward the entrance of the building around the corner anyway. I called the rest of the squad over and had them enter the

t this time the wounded individual began making groaning noises. I had SPC ex-cuff his hands behind him and had him place a field dressing on his stomach

wound. One team retrieved one other AIF person from within the building and one team captured an AIF person outside the building so we now had three AIF detainees. I went outside to attempt to bring the Stryker vehicle closer but realized the ground was too soft so I turned him away. We began receiving indirect mortar fire on our location and the command came over the radio to mount up and leave the dead AIF person. The wounded AIF was still groaning at this

(b)(6), (b)(7)(C)

INITIALS

Page 1 of 3

EXHIBIT .37-'

- V

•■•


STATEMENT 0 DATED: 19 Nov 04 CASE #: 0142-04-CID389- g-00gg

point so we started trying to move him to the vehicle. We couldn't get him to stand up so I shot a warning shot into the ground to try and get him to stand up. At this point we were still receiving heavy small arms fire in addition to the indirect mortar fire so I was attempting to get the detainee to move so I could get my men out of danger. I sent several members of the team out with the two uninjured detainees to the vehicle. Myself and two others were attempting to move the injured detainee. We couldn't get him far, so I signaled for the other team to come back to help. He was not responsive at this point and someone said that he was dead. I don't remember who said that he was dead but the command kept coming over the radio to leave the dead detainee. Everyone was shouting at this point, we couldn't move him any further because of his weight and the soft ground. We were still taking heavy fire. The final command came over the radio to leave the detainee because the enemy fire was too intense. We were basically sitting ducks out in the open trying to get this unresponsive detainee who was thought to be dead back to the vehicle. I told the remainder of the team to get back to the vehicles. The detainee was laying on the ground about ten to twenty meters east of the building. I was standing between one to two meters away ftom the detainee and realized I did not want to take the chance of leaving a live AIF person behind. I thought the man was dead at this point but it flashed through my mind that we should not leave a live enemy behind. I took quick aim at the man's head and fired a round and saw it hit the ground at the side of his head. The man made no movements and did not respond to the sound of the weapon being fired. I think that the weapon jammed and so I had to pull back the charging handle to get another round in the chamber. I fired again at his head and saw that I missed again. He did not move or respond again so I was confident that he was dead. I then sprinted back to my vehicle. We drove back out on the road and moved south to a different neighborhood. We dismounted and began movin• fr. is 9. sing to building. It was during this time that I approached my platoon sergeant, SFC(b)(6)'(b)(7)(c) end told him there was a detainee that was left behind. I can't remember specifically what I told him but I basically told him I shot the detainee and he said we can't talk about it right now but will get it sorted out back at the base. I don't remember saying anything about missing the shots at this point. Once I got back to base we were tasked for a follow-on mission but I told my platoon lead (b)(6), (b)

(bx6),(bx,xc, hat I needed to talk to the company commander about it. Once I spoke with

CP ole him that I had fired at the detainee but had missed both shots. Q SA (b)(6), (b)(7)(C) : A: SG (b)(6), (b)(7)(C) Q: Describe the detainee that you wounded. A: He was a Middle-eastern male, black medium-length hair, mustache, dark eyes, dark skin, wearing dark pants and dark button-up shirt. He was about 6'2" or 6'3" and probably weighed about 250 pounds. He had one AK-47 rifle with him with one magazine in the weapon. Q: Can you provide a definitive reason for shooting at the detainee when he was cuffed? A: When the option of recovering him back to the vehicle had dissipated, tactically it made sense to ensure he was dead. I made a split-second decision and at the time it seemed like the right decision. Q: What was your intent when you fired the two shots at the detainee? A: My intent was to ensure he was dead.

INITIALS

\NV EnroRcEr IENT IJEN3ITIVL

EXHIBIT


(b)(6), (b)(7)(C)

(Authority to Administer Oath)

(b)(6), (b)(7)(C)

INITIALS (b)(6), (b)(7)(C) Page U3NE OIRICY LAW DI*1"0.1i10E1.1F4iT CENETTPT

EXHIBIT

STATEMENT OF: (b)(6), (b)(7)(C)

DATED: 19 Nov 04 CASE #: 0142-04-CID389- goon

Q: What would have been your reaction if the detainee had responded to either of the shots fired at him. A: It's impossible to duplicate the situation so it is impossible for me to say what I would have done. Q: Describe the flex-cuffs that were placed on the injured detainee. A: The bands are yellow and the hasp portion is black They are made of plastic. They are pretty standard in the infantry line companies Q: Do you have anything to add to this statement'? A: No. ///END OF STATEMENT/

AFFIDAVIT HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT

WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE 3. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.

Subscribed and sworn to before me, a person authorized by law to administer oaths, this 19th day of November 2004 at Mosul Airfield, Iraq.

S ecial Apo' (Typed Name of Person Administering Oath)

Article 136, UCMJ

(b)(6), (b)(7)(C)

(b)(6), (b)(7)(C)


O/''2 - 041— c 3 V- go(o g

(b)(6), (b)(7)(C)

I OLObF26oACLLTDJJircIQflOI 33180,oyo27 ACLU-RDI 5481 p.74

SWORN STATEMENT

File Number: 0142-04-CID389-80688 Location: Mosul Airfield, Iraq Date: 22 Nov 04 State SSN:

(b)(6), (b)(7)(C)

(b)(6), (b)(7)(C)

Grade/Status: 0-3/AD le CO, 3-2l st Infantry, FOB Patriot — Mosul, Iraq (Fort Lewis, WA) Org/ s • ress: ar

(b)(6), (b)(7)(C) ant to make the following statement under oath: I am making this

statement freely. On 11 Nov 04, my 3rd and 1st Platoon elements were involved in a movement to contact mission in Mosul, Iraq. I was initially with 1st Platoon but after one squad was hit with RPG's and became combat ineffective I moved to 3rd Platoon's location. Once I got there 3n1 Platoon had dismounted and was maneuvering on the enemy'. We were receiving heavy small arms fire and then received the report over the radio that 3' Platoon had two enemy detainees secured and one enemy KIA. Almost simultaneously with this we began receiving very accurate indirect mortar fire on our location and I wanted to maneuver on the small arms fire that we were receiving from the southwest. At some point evacuate the enemy KIA and I instructed 1LT

ved word that they were attempting to o leave the enemy KIA in place. Obviously

he either received my command or was thinking e same thing because they left the enemy KIA in place. Upon returning

(86)8 bat Support Hospital at approximately 2200, 11 Nov 04, I

.))( 1 475(c) 8 received a call from SGT

, •ri the hand-held radio that he needed to speak to me

directly. I linked up with him in front of the company headquarters and he described the events that had unfolded. SGT (b)(6)' (b)(7)(C) stated that he had engaged an enemy combatant who was going for his AK-47 rifle and shot him in the upper abdominal/lower chest area. Upon arriving at the location of the combatant they immediately flex-cuffed him and rendered buddy-aid to him. Almost simultaneously to that they secured two enemy detainees in the vicinity of the same structure as the enemy WIA. They evacuated the two detainees to the Stryker vehicles. As they atte1.00(65AbNc) cuate the enemy WIA he became unresponsive and they believed he was KIA. SPC provided buddy-aid to the enemy WIA and was qualified as a Combat Life- Saver, however, the wounded KIA was not declared dead by the platoon medic. At this ()int

N(6), (b)(7)(C) they reported him as being KIA and received instructions to leave him. SGT elt that they were vulnerable while remounting the Stryker vehicles if the combatant was pretending to be dead and engaged the element as they exfilled. The AIF I • faked death on

( several contacts with the 3-21 IN Battalion Task Force. SGT (b)(6), b)(7)(C) said that because of that he took one shot at the enemy KIAn . I mi

4

nd then took another shot and believed that he missed the second shot as well. SG (b)(6), (b)(7)(C. ) hen said he remounted the vehicle and left the are Q: SA A: CPT

(b)(6), (b)(7)(C)

(b)(6), (b)(7)(C)

Q: At any point while SGT tapping" the enemy WIA? A: No. Q: Was SG

INITIALS

Page 1 of 2 r UK ur r I UL: (V -LAW DRICOIOCE411•ENT OPICITIVE

EXHIBIT

Time: in

(b)(6), (b)(7)(C)

(b)(6), (b)(7)(C) ,as telling you about the events did he mention "double-

(b)(6), (b)(7)(C) sure that he missed both shots that he fired at the enemy WIA?


(b)(6), (b)(7)(C)A a

(b)(6), (b)(7)(C)

S ecial Agent (Typed Name of Person Administering Oath)

Article 136, UCMJ

(b)(6), (b)(7)(C) STATEMENT OF:

DATED: 22 Nov 04 CASE #: 0142-04-CID389-80688

A: He believed that he missed both shots. Q: Do you have anything to add to this statement? A. No. MEND OF STATEMENT///

(b)(6), (b)(7)(C) AFFIDAVIT

1

HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE 2. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL

(b)(4 (b)(7)(6

• P ik AA kb CEMENT.

(b)(6), (b)(7)(C)

ent)

Subscribed and sworn to before me, a person authorized by law to administer oaths, this 22' day

(Authority to Administer Oath)

INITIALS

Page of 2 r VJK II-11, 1J IL, VIN 1_, VV LAN 1 LAV1 LAN LAN Illy L.

EXHIBIT


norefftemt-nretet- ?.5 2 i -G16 LAIR GroirunvmviLim 1 oLnol ii

SWORN STATEMENT

For use of this form, see AR 190-45; the proponent agency is ODCSOPS


AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSN).

PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.

ROUTINE USES: Your social security number is used as an additionallalternate means of identification to facilitate filing and retrieval.

DISCLOSURE: Disclosure of your social security number is voluntary. (b)(6), (b)(7)(C)

1. LOCATION CID Office, Mosul Airfieild, Mosul, Iraq

2. DATE (YYYYMMDD) LENUMBER

o 0 /1 I ( ?‘ / di ■IS

/ ".

. . , ..

(b)(6), (I;)(1)(C) 6. SSN (b)(6), (b)(7)(C) 7. GRADEISTATUS

E-9/AD

8. ORGANIZATION OR ADDRESS C Co, 3-21 Infantry, FOB Patriot, Mosul, Iraq (Ft Lewis, WA)

)(6), (b)(7)(C)

, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

On 11 Nov 04, the unit was involved dismounted. I was in the XO's STRYKER see them. I heard over the radio we had over the radio that the wounded enemLater that night the Commander, CP attempting to evacuate. When it was

in a movement to contact. vehicle and once

a wounded enemy, .., rio,-.4 . That was

(b)(6)' old me SGT exp aine. that the ene

(b)(6), (b)(7)(C) . - - • as established, SG I .quad SGT (b)(6), (b)(7)(c )

. quad dismounted and started to move, I could ns who was acing evacuated to the STRYKER vehicles. Word came 1- . l'i I heard over the radio and we continued the mission.

(171)(4 (b)(7)(C) tated he "double tapped" the enem 1. 1 .d was - , “. - • ffed and possibly alive when SGT (171)(4 (b)(7)(C) i hot, I

told CP Q: SA

A: 1SG Q: So A: No.

"4"7xcx- needed to brief this to the Bn Commander. MO, (I))(7)

(b)(6), (b)(7)(C) (b)(6), (b)(7)(C)

you • is not witness any of SG actions during this incident?

Q: When CP (b)(6“bx7xc) e a you about the incident, what exactly did he tell you? A: That SG 1(1,)(6), (b)(7)(C) old him he "double tapped" the detainee. Q: What do you mean when you say double tap? A: To fire 2 shots at a person or target. (b)(6), (b)(7)(C) Q: Was it you impression the words "4,1765,(b)mid, •ere SG ords or CP A: My impression was those were SG """ " ,. ords. Q: Did you discuss this incident wit

b)(600), (b)(7)(C) t all?

), ( b)(7)(C A: That night, 11 Nov 04, after SG I( ) as advised of his rights and gave his statement something like "what's up" and he basically said he did it. Q: When he admitted the "did it", what did he tell you? A: He basically said he shot a wounded AIF, and once he said that, I ended the conversation

7

as

(I))(6), (b) C ords?

for the 15-6 I asked him

I knew we need to brief this to higher. (b)(6), (b)(7)(c) Q: Did SGT

say if the rounds he fired hit the wounded AIF?

A: We never discussed it in that detail, he basically said he shot the guy, and I did not discuss it any further with him. Q: Do you have anything else to '(b)(6), (b)(7)(C) ment regard the matter under investigation? A: No.///END OF STATEMEN

10. EXHIBIT 1 " ' ING STATEMENT PAGE 1 OF 2 PAGES

MUST CONTAIN THE HEADING "STATEMENT OF DATED ADDITIONAL PAGES

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST BE BE INDICATED.

DA FORM 2823, DEC 1998

DA FORM 2823, JUL 72, IS OBSOLETE

USAPA Also

1 0-L-01 264414,4441411Cil D ROI 3321 000076 /-1- tRitttorefteemewsfflefflyc-

ACLU-RDI 5481 p.77

SWORN STATEMENT For use of this form, see AR 190-45: The proponent agency of the Deputy Chief of Staff for Personnel.

LOCATION

MAF CID Office, Mosul, IZ DATE

22 Nov 04 NUMBER

i 9 IP (7)(c) 0142-04 -CID389-80688 TIME (b)(6), (b) FILE

)(6), (b)(7)(C) SOCIAL SE (bx4 (b)oxt; RADE/STATUS E-3

ORGANIZATION OR ADDRESS

8 (b)(6)70;5(7)(0 /21 Infantry Regiment, FOB Patriot, APO AE 09345

On 11 Nov 04, during the afternoon in city of Mosul. I think

had been fired on several times had subsequently dismounted enemy that was firing on us.

garage and then moved forward toward the next building,

to fire on us with small fled from the building and

establishing security around "Stop mother fucker. Put

out to where he was standing, house. As I approached the

The male Iraqi appeared was an AK rifle with a 30

bounded up to the house, secured security. At that point,

enemy individual lying on

patrol

bounding started enemy were yelling,

ground. There

establish another

want to make the following

my squad we were the while we

and began to After we initially

toward the next I saw several

arms and we we moved forward our new area, down the

which was a building, I to have been

round magazine the first I told SGT

the ground

the magazine. corner house

of my squad dressing

I don' on his

the It was landing back to the

while the vehicles. Stryke -6

6 SG (b)(), (b)(7)

Now only SGT(b)(6), (b)0(c)

could not get all, so SGT(b)(6),b)(7)(c)

to assist picked

about 10 say that

statement under oath:

(1st squad, 3rd Platoon) was on

As-Salum (sic) neighborhood. were in our Stryker vehicles maneuver to fix and destroy

dismounted we searched

house. As we were enemy forces. The enemy

were returning fire. The

to engage them. As we

I heard SGT (b)(6“b)(7)(c) weapon." SGT (b)(6),(b)(7)(c) alled small doorway on the side of

saw a male Iraqi lying on the shot in the stomach area. on the ground next to him.

r••M(b)(• - 7)( •• oved back to

NC) hat I had seen at up the street from where

NM (b)(7)(C) individual. SGT and I moved

where the first wounded

were. Once we got back to to treat the wounded Iraqi.

We and the a

us the

I

w I the

t

the

the and T and

male

L i dressing, small started decision

radio squad

heavy. soldiers. security tried they

secured the weapon and removed second male Iraqi back to the Iraqi and the other member

(b)(6), (b)(7)(C) —i' T a -a for a field (b)(, a v e SPC 6) (b)(7)(C) his dressing.

but I later saw a dressing arms fire, but we cannot identify

to receive mortar fire. is made that we'll move

increased fire. I pulled security operator moved back toward took another prisoner to a

second male Iraqi, the guy that took him to a Stryker vehicle.

are left with the wounded Iraqi. move him to the vehicle. We

We could not move him at Four other soldiers came

for them while four soldiers to carry him. The moved him

put him down. I heard someone

t know if (b)(6“b)(7)(C) applied the

wound. We are source of the

very close Stryker vehicle the platoon leader

Some soldiers

P e. Some soldiers

a 6 6.66otten (b)( SGT 6), (b)(7)(C)

•

still receiving fire. We then to us. The

because of and his

from 2nd gabbed

earlier, NM (b)(7)(C) SGT and

get the guy up he was too for some other

and pulled up and and then

going to be

old us to him u• cause

called

us. I went the wounded Iraqi

feet, at the most, they were not

EXHIBIT I MO, (b)(7)(C) SON MAKING STATEMENT PAGE 1 OF 2 PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN AT DATED CONTINUED." TI- E BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR TIIE INITIALS OF THE PERSON MAKING TIIE STATEMENT AND BE INITIALED AS "PAGE OF PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE I WILL BE LINED OUT, AND TIIE STATEMENT WILL BE CONCLUDED ON THE REVERSE OF ANOTHER COPY OF TIIIS FORM.

DA FORM 2823 (AUTOMATED)]

10-L-04064~1094941:61134101 3322000077 Ey# 1

ACLU-RDI 5481 p.78

(b)(6), (b)(7)(C)

INITIALS OF PERSON MA NT PAGES 2 OF 2 PAGES

DA Form 2823 (AUTOMATED)

cy42-64/-co3-104e2 able to carry the wounded guy, so SG (b)(6) (b)(7)(C) gave the order for everyone to leave the guy and mount us. As I ran to the Stryker, we were still receiving fire. As I entered the Stryker I heard two shots that I recognized as M4 rounds. There was someone doing personnel accountability and as that was going on, I saw SGT(b)(6“b)(7)(c) ump into the vehicle. Q: SA A: PK Q: Was the wounded Iraq handcuffed? A: I don't know about when they moved him, but I saw him flexed cuff when we first captured Q: Did you see SGT fire on the wounded Iraqi? A: No. Q: Was the wounded Iraqi armed initially, and was he searched for 2'd weapons? A: Yes. He had the AK with 30 rounds. I saw someone removed the magazine and lift the receive cover as though he was going to remove the weapon's bolt. We always search for 2'd weapons, but I did not see it done. Q: Did you see the wounded Iraqi resisting US forces? A: Yes. When we initially capture him he tried to bat the hands away of the guy who was trying to secure him. Once they went to move him at the end, he was just lying there. He was really big. Probably 6 feet tall and 260 lbs with a big gut, so he was hard move. Q: Did you say in an early statement that you thought SG might have shot the guy to prevent him from dying a "slow, painful death"? A: Yes, because that's what I thought at the time. I thought he might have shot him to be merciful to the guy. Q: At the time you heard the shots fired, do you know whether the wounded Iraqi was alive or dead? A: I have no wa of knowing. I was already back the Stryker vehicle. Q: Did SGT(b)(6“b)(7)(c) -ver talk to you about this incident? A: No. Q: Do you have anything else to add chanoe or delete in this statement? A: No.///////////////////////End 0 (b)(6)b)(7)(C) e n t / / / / / / / / / / / / / / / / / / / / / / / / / / / /

(b)(6), (b)(7)(C) HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE

I AND ENDS ON PAGE 2 . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OR PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. (b)(6), (b)(7)(C)

WITNESSES:

SUBSC LAW TO ADMINISTER OATHS, THIS VZ,. DAY OF t*-100 04* AT

(OA (b)(7)(C)


ng Oath) ORGANIZATION OR ADDRESS

''Sat (b)(6), (b)(7)(C)

(Name of Person Administering Oath)

/9,424-N cA.-crr.- t3u2 (€4.)

( Authority to Administer Oath)

10-L-11111rAVEITUDIrtffrR012C323 000078 n4g 7

(b)(6), (b)(7)(C)

(b)(114), (b)(7)(C)

(b)(6), (b)(7)(C)

ACLU-RDI 5481 p.79

SWORN STATEMENT For use of this form, see AR 19045; the proponent agency is ODCSOPS

PRIVACY ACT STATEMENT AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSN). PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified. ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your social security number is voluntary. 1. LOCATION

MoSo‘ Ali--.-cAR.A -1--f-cic‘

(b)(6), (b)(7)(C) 2. DATE (YYYYMMDD) 4. FILE NUMBER 0 it-ii-o+c-I.W1-ec 7. GRADE/STATUS

OCAD--klU • •Igep

5. LAS(b(6 , (b)7)(c) - - 6(b)(6), (b)(7)(C) 8. ORGANIZATION OR ADDRESS

C- C-OM AL

(b)(6), (b)(7)(C) , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

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DA FORM 2823, DEC 1998 2 J . B ET

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nn,re—eiveogeveiggeropow07444 u-)61c 2

ACLU-RDI 5481 p.80

USE THIS PAGE IF NEEDED. HIS PAGE IS NOT NEEDED, PLEASE PROCEED '. ogAL PAGE OF THIS FORM.

(b)(6), (b)(7)(C) STATEMENT OF TAKEN AT PO CSAJ i A r4 42- I I, T-Cfn DATED 22 4,3 ir:

9. STATEMENT (Continued)

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41-N4-e t,_)W, le leo(); a) , c Off eel 7- INITIALS OF PERSON MAKING STATEMENT (b)(6), (b)(7)(C)

PAGE c7R OF ,S PAGES

PAGE 2, DA FORM 2823, DEC 1998

L1SAPA 41.00

332 5 000080 6 /-11

ACLU-RDI 5481 p.81

("(47-011-e/l)31-47- Pc962,

STATEMENT OF


A : L?&S

TAKEN AT PAOSLA Al /3r-L.,

f ( --si-z(--ck DATED 22_ 1"-LJ 3 I\ (b)(6), (b)(7)(C)

(b)(6), (b)(7)(C) c gYV(V*-■ L -Ako1 9 bout-

-c

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A , „)O.

11/ c 1,3 -0 oc sTiozz--;41-4,,Ln- 9// (b)(6), (b)(7) (C)

(b)(6), (b)(7)(C)

WHICH BEGINS ON

BY ME. THE STATEMENT

STATEMENT FREELY

WITNESSES:

PAGE 1, AND ENDS ON PAGE ''. . I

AFFIDAVIT

,HAVE READ OR HAVE HAD READ

FULLY UNDERSTAND THE CONTENTS OF THE

HAVE INITIALED THE BOTTOM OF EACH PAGE

OF PUNISHMENT, AND WITHOUT COERCION,

(b)(6), (b)(7)(C)

Subscribed and sworn to before

administe oaths, this 4016

at at,, (b)(6), (b)(7)(C)

TO ME THIS

ENTIRE STATEMENT

CONTAINING

UNLAWFUL

me, a person

"6- day

(b)(7)(C)

Name of

MO,

STATEMENT

MADE

THE STATEMENT. I HAVE MADE THIS

INFLUENCE, OR UNLAWFUL INDUCEMENT.

authorized by law to

of 1\30,,i e (NA > r , 2.o.DA

IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND

WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT

A

t.-2 Lt,

Petsog Adm is enng I


(Typed

AKA

ORGANIZATION OR ADDRESS (Authority To Administer Oaths)

INITIALS OF PERSON MAKING STATE ,(b)(6), (b)(7)(C) PAGE OF S PAGES

USAPA 51.00 PAGE 3, DA FORM 2823, DEC 1998

_ol 3326000081

e /i

ACLU-RDI 5481 p.82

0/4,7-64 -Cf0,3r1- Roc0.8? SWORN STATEMENT


PRIVACY ACT STATEMENT AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November U. 1943 /SSW. PRINCIPAL PURPOSE To provide commanders and law enforcement officials with means by which information may be accurately identified. ROUTINE USE& Your social security number is used as an aditionallaltemate means of identification to facilitate firing and retfievaL DISCLOSURE Disclosure of your social security number is voltmtary. 1. Locknom

■ 114 0 1 . ili... -- 6. A.. !Aro

2. DATE tYYYYMMDIN 2. _a a

11ME (b)(6), (b) (b)(6), (b)(7) (7)(C) a , .(C)

FILE NUMBER

(b)(6), (b)(7i(CY ' ''' . (b)(6), (b)(7)(C) 7. GRADEISTATUS '

E - VA c litie . 1. .:7 1 • I I - 11 1

f CC 3-21 _Pi) • (b)(6), (b)(7)(C)


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EN AT DATED

771E BOTTOM OF EACH AOD17MAL PAGE MUST BEAR THE INITIALS OF 7HE PERSON MAKING ME STATEMENT, AND PAGE NUMBER MUST BE BE ff/DICATEB.

DA FORM 2823, DEC 1998 DA FORM 2823, JUL 72,15 OBSOLETE

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ADDI170/YAL PAGES MUST CONTAIN TUE HEADING 'STATEMENT OF

ACLU-RDI 5481 p.83

STATEMENT OF

011,02-C:)41— e10321 - 804.1k FILE NUMBER:

(b)(6), (b)(7)

EN AT (110S" I Air -f,ekbATED 2Cooi4 /11(C)

2. .., • UED

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ACLU-RDI 5481 p.84

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STATEMENT OF

FILE NUMBE

AKEN ATAlbit../ A.( -1‘..1 4 DATED 2654 is INUED

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(b)(6), (b)(7)(C) INITIALS OF PERSON MAKING STATEMENT: PAGE 3 OF Li PAGES

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ACLU-RDI 5481 p.85

a .2-64- Ct4 Ecor LWIWAWAWJIt 6, C

STATEMENT OF KEN AT /110 . / .14 if •., 9 IcAl.. DATED 2.0z3 Li 11 2


MO, (b)(7)(C)

MO, (b)(7)(C) AFFIDAVIT I. , HAVE READ OR HAVE HAD READ TO ME THIS

WHICH BE 1-1 . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT

STATEMENT

MADE THE STATEMENT. I HAVE MADE THIS INFLUENCE, OR UNLAWFUL INDUCEMENT.

BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL

MO, (b)(7)(C)

Pelson Making Statement)


day of Ni 0\ ,R,c--, afx.) WITNESSES: Subscribed and sworn to before me, a person

administer oaths, this Q'r at • - i -1- A

(b)(6), (b)(7)(C)

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(b)(6), (b)(7)(C)

ORGANIZATION OR ADDRESS (Authority To Admhister Oaths)

INITIALS OF PERSON MAKING STATEME (b)(6), (b)(7)(C) PAGE L. OF Li PAGES


USAPA V1.00

1 O-L-01 30 000085 e,>ff

ACLU-RDI 5481 p.86

0/14Z-ose- e(tl3n- SWORN STATEMENT


PRIVACY ACT STATEMENT AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 ISSN), PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified. ROUTINE USES: Your social security number is used as an additionallaltemate means of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your social security number is voluntary. 1. LOCATION

An i i ' CC 1 O 0,)(6), (b)(7)(C)

2. DATE tYYYYMMDDI

zool ii Z?_ 3. TIME

z_c, H •)( ), •) . FILE NUMBER (7)(C)

(b)(6), (b)(7)(C) 7. GRADEISTATUS

i t',.- ; i• • 1 , t ■ 1. ,it•

. )(6), )( ( )

)(6), (b) , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: 7)(C)

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PAGE 1 OF PAGES

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PAGE 2, DA FORM 2823, DEC 1998 USAPA 51.00

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STATEMENT OF


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WITNESSES:

(b)(6), (b)(7)(C)

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THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS

FREELY WITHOUT HOPE OF BENEFIT OR REWARD,

AFFIDAVIT

, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT

MADE

THE STATEMENT. I HAVE MADE THIS

FUL INFLUENCE, OR UNLAWFUL INDUCEMENT.

9 . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT

AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING

WITHOUT THREAT OF PUNISH (1,)(6), (1;)(7)(C) • •

(Signature of Person

Subscribed and sworn to before me, a person

administer oaths, this Z. -Z-- day

Making Statement)


of /VD d , Z€' 1

at WILL J A / — (b)(6), (b)(7)(u)

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1 INITIALS OF PERSON MAKING STATEMENT EMI

PAGE CI OF q PAGES

USAPA 51.00


34000089 c_O-j jO

ACLU-RDI 5481 p.90

61402- oil-- ceo30- 'O,gt SWORN STATEMENT


PRIVACY ACT STATEMENT AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSN). PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified. ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your social security number is voluntary. 1. LOCATION

MC164(d A i g CteZA0 , .7-ie/K> 2. DATE (YYYYMMDD) (b)(6), (b)(7) TIME

242)4d-g plc,- (C) .d-C) /-3 (b)(6), (13)(7) LE NUMBER

(C) (b)(6), (0'(1)(c). (b)(6), (b)(7)(C)

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STATEMENT OF se.-- TAKEN AT .7-4#3.0 DATED 92 ¼'c.W d01:4

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PAGE a- OF (1" PAGES

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' AFFIDAVIT

,HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT

WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE 1 . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE

BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITI , (b)(6), (b)(7)(C) ENT. I HAVE MADE THIS

STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNI ' OR UNLAWFUL INDUCEMENT.

meat)

WITNESSES: Subscribed and sworn to before rue, a person authorized by law to

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ORGANIZATION OR ADDRESS ring Oath)

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INITIALS OF PERSON MAKING STA (b)(6), (b)(7)(C) PAGE /4 F PAGES

USAPA V1.00


1 O-L-01 33380000,93 . ACLU-RDI 5481 p.94

FILE NUMBER

Of I -co,--e/p3J-7 (b)(6), (b)(7)(C)

vz e',16.3V7 - r.600-7 SWORN STATEMENT

"For ma of this Iona sae AR 190-45; tha propoomt gamey b 00CSOPS


lid. 10 USC Section 301; Tills 5 USC Section 2951; E.O. 9397 dated November 22. 1943 12Z1V.

To provide co:limeades: and law enforcement offitials will means by which /*formation may be mecum* identified.

Your social security number is used as an adtitionalhatsmato mums of identifi:stiou to facatate Mg and muiaval.

Disdostue of your item' security number is voluntary.

1. LOCATION 2. DATE ffYYYMMODI

/70.5z/L ,Ofte,a/Lco A fr/dii./z, 242e5"// 2 2- (b)(6), (b)(7)(C)

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AUTHORITY:

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USE THIS PAGE IF NEB- mis PAGE IS NOT NEEDED, PLEASE PROOF' =INAL PAGE OF THIS FORM.

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INITIALS OF PERSON MAKING STATEM _ . PAGE . 2- OF

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10-L-011erAttirDelleelD ROI 33400000?5 USAPA V1.00

ACLU-RDI 5481 p.96

?r, - r‘i6or--a? USE THIS PAGE IF NEE IHIS PAGE IS NOT NEEDED, PLEASE PROCF 9NAL PAGE OF THIS FORM.

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MO, (b)(7)(C) MO, (b)(7)(C) INITIALS OF PERSON MAKING STATEMENT

- PAGE S OF

PAGE Z DA FORM 2823, DEC 1998

USAPA V1.00

10-L-01 6-111J rex cvr MI 3341 000096 ACLU-RDI 5481 p.97

(b)(6), (b)(7)(c) 2

10-L-0 3342 000p97...,

6/v2-cv-e- b to‘ia' FILE NUMBER:

DATED CONTINUED: STATEMENT (Continued)

(b)(6), (b)(7)(C) AFFIDAVIT I , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT

ENTIRE STATEMENT MADE BY ME. OF EACH PAGE CONTAINING THE

WITHOUT THREAT OF PUNISHMENT,

WHICH BEGINS 0 PA E 1 AND ENDS ON PAGE ". I FULLY UNDERSTAND THE CONTENTS OF THE THE STATEMENT IS TRUE. I HAVE INMALED ALL CORRECTIONS AND HAVE INMALED THE BOTTOM STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUC:(b)(6), (b)(7)(C)

WITNESSES: Subscribed and sworn

to administer oaths, this / Z

:ment)

to before me, a person authorized by law day of "00 IA .20 OV

at Af4ACV4 A-4e,47EZ A

• - :rson ' •mini , : nng Oath)

of Person Administering Oath)

zeit /t4.7 i/

ORGANIZATION OR ADDRESS (b)(6), (b)(7)(C)

igna we

(b)(6): (b)(7 )(C)

(Twed Name ORGANIZATION OR ADDRESS

/9727 A>e (Authority To Administer Oaths)

(b)(6 ) (b)(7) INITIALS OF PERS P '

(b)(6), (b)(7)(C) _

el PAGE 9 OF /

(C) -

ACLU-RDI 5481 p.98

MO, (b)(7)(C)

(b)(6), (b)(7)(C)

• Q: S (b)(6), (b)(7)(C)

(b)(6), (b)(7)(C)

(b)(6), (b)(7)(C) (b)(6), (b)(7)(C)

statement freely. On 11 Nov 04, I was on a battalion movement to contact mission in Mosul, Iraq. We began

(C) receiving small arms fire so two squads including SGT (b)(7) quad dismounted the Stryker vehicles and began moving through the buildings. I was viewing the events through the Remote Control Weapons System (RWS) which is essentially a video monitor. They began firing upon the building where the small arms fire was coming from and then indirect mortar rounds began landing in our vicinity. The command came over the radio for the two squads to get back to the vehicles with the two enemy detainees. I saw two soldiers running out to the vehicles with one detainee. These two soldiers then ran back and retrieved the other detainee

(b, (b)( and brought him to the vehicles. At this point I saw SGT )(6) 7)(C) .nd five other soldiers attempting to carry the wounded detainee to the vehicle when it came over the

(b)(A(C) was dead, to leave him. They put him on the ground and it appeared as if SG

6)7(b :ave

the other - • - the order to move back to the vehicles because they all left. At this point I saw SGT (b)(6), (b)(7)(c) point his rifle at the detainee on the ground and fire his weapon at the detainee. I saw the body of the detainee flinch after SG (b)(6), (b)(7)(C) fired at him. SGT

then fired at the body a second time but I did not see the body flinch this time. SGT en turned around and ran back toward the vehicles. We then moved out and

continued our mission. Once we got back to base I reported to my platoon sergeant, SFC what I saw. He asked me if! was sure of what I saw and I told him that I was. SFC hen told me he had to report the incident to the chain of command.

SWORN STATEMENT

File Number: 0142-04-CID389-80688 Location: Mosul Airfield, Iraq Date: 22 Nov 04 Statement of (b)(6), (b)(7)(C)

Time: av 40

SSN: (b)(7)(C) Grade/Status: E-5/AD Org/Address: Charlie CO, 3-21st Infantry, FOB Patriot — Mosul, Iraq (Fort Lewis, WA)

MO, (b)(7)(C) want to make the following statement under oath: I am making this

Q1 In between t e irst and second shot, did SGT (b)(6), (b)(7)(C)

pull back the charging handle on his rifle to chamber another round? A: No. Q: Approximately how far away were you in the vehicle when you witnessed SGT fire at the detainee'? A: About 30 to 40 meters. Q: How much does the RWS magnify the image you are viewing on the screen? A: The image on screen is zoomed in closer than the actual distance just like looking through a pair of binoculars. Q: Are you certain the person you saw fire at the detainee was SGT A: Yes. Q: Did you see the round strike the body or just see the body flinch? A: I only saw the body flinch.

Page 1 of 2

A: SGT

EXHIBIT


(b)(6), (b)(7)(C)

(WO, (b)(7)(C)

ACLU-RDI 5481 p.99

(b)(6), (b)(7)(C)

DATED: 22 Nov 04 CASE #: 0142-04-CID389-80688 (b)(6), (b)(7)(C) STATEMENT OF:

Q: Do you have anything to add to A: No. ///END OF STATEMENT/

AFFIDAVIT 1, MO, (b)(7)(C) HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE 2. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.

Subscribed and sworn to before me, a person authorized by law to administer oaths, this 22nd day

koX6), kDA7)(0 114 " Iraq of

S ecial Auent (b)(6), (b)(7)(C)

(Typed Name of Person Administering Oath)

Article 136, UCMJ (Authority to Administer Oath)

(b)(6), (b)(7)(C)

Page,2. of 2

EXHIBIT


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C/1,7 ACLU-RDI 5481 p.101

ROI NUM13ER

0142-04-CID389-80688 AGENT'S INVESTIGATION REPORT (71) Regulation 195-1

PAGE 1 OF 1 PAGE

(b)(6), (b)(7)(C) sera

(b)(6), (b)(7)(C)

DE I Al! ti:

About 1100, 21 Feb 05, SA tam- - i ing to SG SGT (b)(6), (b)(7)(C) Last Entry///

mated with U.S. Army Crime Records Center in-order to conduct a records check revealed no derogatory information pertaining to

••■•••

FYPED A(IEN E'S NANII AND SEQUENCE NUMBER

(b)(6), (b)(7)(C), (b)(7)(F)

(b)(6) (b)(7)(C) SA

ORGANIZA 1 ION

37th MP DET CID (-), USACIDC LSA Diamondback - Mosul, Iraq APO AE 09334 DATE EXI11131 1

21 Feb 05 /6-

FOR OFFICIAL ULE ONLY II 77


2. Point of contact for this report is SA (b)(6), (b)(7)(C)

(b)(6), (b)(7)(C)

us.arm .mil or the undersigned. at email:

DEPARTMENT OF THE ARMY United States Army Criminal Investigation Command

37th Military Police Detachment (CID)(-) 11th Military Police Battalion (CID)

LSA Diamondback, Mosul, Iraq APO, AE 09334-6169

CIRC-ABJ

4 May 05

MEMORANDUM FOR: Director, U.S. Army Crime Records Center, USACIDC, 6010 6th Street, Fort Belvoir, VA 22060-5585

SUBJECT: Reason for Submission of Originals Exhibits for 0142-04-CID389-80688.

1. The originals of exhibits 3 thru 14 were kept in the files of this office in abeyance until adjudication for Report of Investigation (ROI) 0142-04-CID389-80688. This office has received 4833 action pertaining to this ROT and is subsequently forwarding all originals of exhibits 3 thru 14 to USACRC for final disposition.

Thank you in advance for your assistance.

(b)(6), (b)(7)(C)

Special Agent in Charge


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