Other cases: Haditha  |  Fallujah  |  Lt. Nathan Phan

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THE HAMDANIA MARINES
The Pendleton 8 (Kilo Co, 3/5)

Sgt Hutchins. US military reduces sentence for Marine convicted of killing Iraqi, The Jurist, May 8, 2008.

Where are they now? Two years after a killing in Hamdania, Teri Figueroa, North County Times, April 19, 2008.

A trying year for Marines Corps, Mark Walker, North County Times, December 29, 2007.
Also, key dates in cases against Camp Pendleton troops.

A jury of ears may explain surprising Marine verdicts: Three members of the squad that executed an unarmed Iraqi man won reduced sentences after choosing to go to trial and put their fates in the hands of fellow combat veterans, Tony Perry, Los Angeles Times, August 4, 2007.

 

Summary of sentences for all eight of the accused

The following were plea deals...

Petty Officer 3rd Class Melson J. Bacos, 21:
12 months (with credit for time served) and will remain enlisted.
Bacos pled guilty to kidnapping and conspiracy to kidnap and make false official statements. All other charges were dismissed.
Sentence: 12 months

Pfc. John Jodka III, 20:
October 27, 2006
Jane Siegel and Joseph Casas, civilian defense attorneys | Lt. Col. John Baker, prosecutor
18 months (with credit for six months already served), and a general discharge.
Jodka pled guilty to aggravated assault and conspiracy to obstruct justice. All other charges were dismissed.
Sentence: 18 months

LCpl. Tyler A. Jackson, 23:
November 15, 2006
Lt. Col. Paul Starita, military defense attorney | Maj. Donald Plowman, prosecutor
21 months (with credit for six months already served) and a general discharge. Jackson
pled guilty to the additional charges of aggravated assault and conspiracy to obstruct justice. The original charges of murder, conspiracy, housebreaking, larceny and kidnapping were withdrawn.
Sentence: 21 months (commuted by Gen Mattis after 15 months)

LCpl. Jerry E. Shumate, 21:
November 13, 2006
Steven Immel, civilian defense attorney | Lt. Col. John Baker, prosecutor
21 months (with credit for six months already served) and a general discharge. Shumate pled guilty to
aggravated assault and conspiracy to obstruct justice. The original charges of murder, conspiracy, housebreaking, larceny, kidnapping and assault were withdrawn.
Sentence: 21 months (commuted by Gen Mattis after 15 months)

LCpl. Robert Pennington, 22:
February 17, 2007
David Brahms, civilian defense attorney | Maj. Donald Plowman, prosecutor
8 years (with three months credit for having been held in "unnecessarily strict conditions") and a dishonorable discharge. Pennington pleaded guilty to conspiracy to commit premeditated murder and kidnapping, and kidnapping.
These charges were dismissed: murder, larceny, housebreaking, and conspiracy to commit larceny, housebreaking, and false official statement.
Sentence: 21 months (commuted by Gen Mattis after 15 months)

The following were court martial verdicts...

Cpl. Trent Thomas, 25:
July 18, 2007
Victor Kelley, civilian defense attorney | Lt. Col. John Baker, prosecutor
Reduction in rank to Pvt./E-1 and a bad conduct discharge. Thomas was found guilty of kidnapping and conspiracy to commit larceny, housebreaking, kidnapping, false official statements and murder for his involvement in the death of an Iraqi civilian on April 26, 2006, near Hamdania, Iraq. Thomas was found not guilty of murder, larceny, housebreaking and making a false official statement. 
Sentence: time served (14 months)

Cpl. Marshall Magincalda, 23:
August 1, 2007
Joseph Low, civilian defense attorney | Lt. Col. Sean Sullivan, prosecutor
448 days confinement and reduction in rank to Pvt./E-1. Magincalda had been in pre-trial confinement for 450 days and was released from Camp Pendleton on August 3, 2007. Magincalda was found guilty Wednesday of larceny, housebreaking and conspiracy to commit the following: murder, kidnapping, larceny, false official statement and housebreaking for his involvement in the death of an Iraqi civilian on April 26, 2006, near Hamdania, Iraq
Magincalda was found not guilty of murder, kidnapping and making a false official statement.
 
Sentence: time served (14 months)

Sgt. Lawrence Hutchins III, 22:
August 2, 2007
Richard Brannon, civilian defense attorney | Lt. Col. John Baker, prosecutor
15 years confinement, reduction in rank to Pvt./E-1, a dishonorable discharge and a reprimand. Hutchins was found guilty of unpremeditated murder, larceny, making a false official statement and conspiracy to commit the following: murder, larceny, obstruction of justice and false official statement for his involvement in the death of an Iraqi civilian on April 26, 2006, near Hamdania, Iraq. Hutchins was found not guilty of kidnapping, assault, housebreaking and obstruction of justice. 
Sentence:
15 years (On May 6, 2008, the military reduced Hutchins' sentence to 11 years.)

NOTE: U.S. Marine Corps personnel sentenced to confinement of one year or longer, automatically have their cases forwarded to the Navy - Marine Court of Criminal Appeals for review. 

From The North County Times

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News & Press Releases

* Don Sikorski. 'Pendleton 8' documentary in production, North County Times, November 16, 2007.

* LCpl Rob Pennington: Another Marine free in murder case--General releases squad member seven years early, North County Times, August 10, 2007.

* Hamdania verdicts. A jury of ears may explain surprising Marine verdicts: Three members of the squad that executed an unarmed Iraqi man won reduced sentences after choosing to go to trial and put their fates in the hands of fellow combat veterans, Tony Perry, Los Angeles Times, August 4, 2007.

* 2 juries, 2 sentences for Iraqi man's death: Marine gets 15 years; comrade demoted but not imprisoned, San Diego Union-Tribune, August 4, 2007.

* Anti-American editorial presented as news. U.S. military killing trials reflect public fatigue, Reuters, August 3, 2007.

Quote: Yet after news broke last year of the Haditha killings, a Pew Research Center poll found only 24 percent of U.S. adults closely following the investigation.
"America has taken little interest in the war ... and even less interest in the disciplinary proceedings of the military," said Gary Solis, a former military judge.

* ROE in Hamdania and Haditha cases. Marines keep combat rules to themselves: Testimony at hearings for Iraq war crimes, however, suggests restrictions governing the use of deadly force are a gray area, Tony Perry, Los Angeles Times, July 31, 2007.

Sgt. Lawrence Hutchins Court Martial

* Sgt. Hutchins. Marine gets 15 years for Hamdania killing, North County Times, August 4, 2007.

* Sgt. Hutchins. Jury convicts Marine of murder, North County Times, August 2, 2007.

Cpl. Marshall Magincalda Court Martial

* Cpl. Magincalda. Marine acquitted of murder in Hamdania case, North County Times, August 2, 2007.

* Lt. Phan testimony/ Cpl. Magincalda. Marine testifies he was 'frustrated' by release of Iraqi suspects, North County Times, July 26, 2007.

Cpl. Trent Thomas Court Martial

* Convicted Marine asks jury for leniency, North County Times, July 19, 2007.

* Marine acquitted of murder, convicted of conspiracy, kidnapping, North County Times, July 19, 2007.

* Major news! Cpl. Thomas. Marine's attorneys assert executed Iraqi was insurgent, Rick Rodgers, San Diego Union Tribune, July 13, 2007.

After a year of telling the media that the Hamdania Marines had killed a kindly grandfather, they now say the Marines killed someone else.

November 2006

“They killed a 52-year-old crippled man in cold blood,” Lt. Col. John Baker, a prosecutor, said during a recent hearing. “They killed a retired police officer with 11 children and four grandchildren. Hashim Awad was a very forgiving and gentle man. He was precisely the kind of man (the Marines were) sent to help.”

July 2007

[Attorney Melissa Epstein] said the man was not Awad but Hashem Gowad, cousin of Saleh Gowad and also a suspected insurgent. Epstein said the military waited until 11 days ago to give her team some documents suggesting the identification problem.

This development was reported in a single newspaper, the San Diego Union-Tribune (also linked above). Where the hell is the media on this story?

* Cpl. Thomas. Troops detail Hamdania killing: Men who reached plea agreements describe 2006 slaying of Iraqi civilian, Mark Walker, North County Times, July 11, 2007.

* Cpl. Thomas. Trial under way in Hamdania killing, Mark Walker, North County Times, July 9, 2007.

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* Sgt. Lawrence Hutchins III: Parents' nightmare, Cape Cod Times, March 26, 2007.

* LCpl. Pennington: Marine Sentenced at General Court Martial Hearing in Hamdania Investigation, USMC Press release, February 17, 2007. [Story no longer at original url.]

* LCpl. Pennington: Mother asks for light sentence for Hamdania Marine, North County Times, February 17, 2007.

* LCpl. Pennington: Marine used hand of slain Iraqi to slap victim's face, North County Times, February 16, 2007.

* Cpl. Thomas: Marines refile charges against Thomas; Premeditated murder alleged against corporal, North County Times, February 13, 2007.

* Major news! Pennington pleads guilty to two counts in Awad killing, North County Times, February 13, 2007.

* Cpl. Thomas: Job of seating a jury complicated after guilty pleas withdrawn, North County Times, February 9, 2007.

* Major news!  Cpl. Thomas: Marine withdraws guilty pleas, now says he was obeying orders, North County Times, February 9, 2007.

* Hamdania Marines pressured to gather intelligence, ferret out insurgents, North County Times, February 7, 2007.

* Bacos testifies for government against Marine corporal [Pennington], North County Times, February 7, 2007.

* 2nd Lt. Nathan Phan: Attorney: Accused Marine lieutenant is really a 'hero', North County Times, February 7, 2007.

* 2nd Lt. Nathan Phan: Witness for accused Marine lieutenant threatened with perjury charge, North County Times, January 27, 2007.

* False evidence revealed! NCIS Agent Aaron Bode goes into hiding to avoid testifying in Lt. Phan hearing!: NCIS agent says his notes conflict with witness statement, North County Times, January 26, 2007.

* 2nd Lt. Nathan Phan: Accused Marine's hearing resumes Friday, North County Times, January 26, 2007.

* Cpl. Thomas (before he changed his plea): Marine pleads guilty to murder in killing of retired Iraqi police officer, North County Times, January 19, 2007.

* Cpl. Thomas (before he changed his plea): Thomas to plead guilty in Hamdania killing, January 18, 2007.

* LCpl. Magincalda: Marine wants jury trial in Awad killing: Magincalda asks that panel include enlisted men, North County Times, January 17, 2007.

* More plea agreements may be near in Iraqi civilian killing case, North County Times, January 17, 2007.

*  2nd Lt. Nathan Phan: NCIS investigative methods come under fire over prosecution of Marine lieutenant, North County Times, January 15, 2007.

False evidence revealed! 2nd Lt. Nathan Phan: Attorney says agents made up assault case evidence, North County Times, January 15, 2007.

* Believe it when you see it: Iraqis to be brought to U.S. to testify in Hamdania assault case, North County Times, January 11, 2007.  

* 2nd Lt. Nathan Phan: Hamdania assault case reaches court today; more plea deals may be coming in killing of retired Iraqi policeman, North County Times, January 10, 2007.  

* 2nd Lt. Nathan Phan: Hearing set for Marine officer charged in Hamdania assault, North County Times, January 5, 2007.

2006

* Four Hamdania defendants no longer getting paid, North County Times, December 12, 2006.

* Sgt. Hutchins: Marine sergeant arraigned in Hamdania killing, North County Times, December 8, 2006. [Story no longer at original url.]

* Sgt. Hutchins: Hutchins arraignment slated for Thursday, North County Times, December 2, 2006. [Story no longer at original url.]

 * A look at criminal cases against U.S. troops stemming from the deaths of Iraqis since March 2003, North County Times, December 3, 2006. [Story no longer at original url.]

* Shorter sentences handed down in criminal cases arising out of Iraq, North County Times, December 2, 2006. [Story no longer at original url.]

* LCpl. Shumate: Shumate sentenced to 21 months in Hamdania killing, North County Times, November 21, 2006.

* LCpl. Shumate: Third Marine pleads guilty in Hamdania killing, North County Times, November 21, 2006.

* NCIS agents refuse an accused Marine his right to an attorney! LCpl. Pennington: Marine says he asked NCIS for attorney but wasn't given one, North County Times, November 21, 2006.

* Marine Corps may be done making plea deals in Hamdania case, North County Times, November 18, 2006.

* Pfc. John Jodka: Jodka sentenced to 18 months for his role in Hamdania killing, North County Times, November 15, 2006.

* Sgt. Hutchins: Accused Marine to wed today, North County Times, November 15, 2006.

* Major news!  LCpl. Shumate: Fourth Hamdania defendant reaches plea deal, North County Times, November 13, 2006.

* LCpl. Jackson: Jackson pleads guilty to conspiracy to obstruct justice, aggravated assault in Hamdania slaying case, North County Times, November 6, 2006.

* LCpl. Pennington: General to mom: Hamdania defendant will stay in brig, North County Times, November 3, 2006.

* Major news! LCpl. Jackson: Jackson third defendant to plead guilty in Hamdania case, North County Times, October 31, 2006.

* Heat is on rest of Hamdania defendants to plead, North County Times, October 28, 2006. 

* Pfc. Jodka: Teachers say Jodka was kind, considerate, North County Times, October 27, 2006.

* Major news! Pfc. Jodka: Encinitas Marine pleads guilty in Hamdania killing, North County Times, October 27, 2006.

* Pfc. Jodka: Jodka's version of killing won't be heard until November, North County Times, October 24, 2006.

* Pfc. Jodka: Encinitas Marine reported ready to plead guilty in Hamdania case, North County Times, October 21, 2006.

* Lawyers say visit to Hamdania could be crucial; Marine Corps arranging trip to site where Hashim Awad was killed, North County Times, October 18, 2006.

* Sgt. Hutchins: Sergeant accused in Iraqi man's killing appears in court; defense attorneys lining up trip to Iraq as Hamdania case moves ahead, North County Times, October 31, 2006.

* Hamdania defense attorney raises concerns about military justice, North County Times, October 17, 2006.

* LCpl. Shumate: Marine accused in Hamdania killing loses bid for release, North County Times, October 13, 2006.

* Sgt. Hutchins: Squad leader faces pretrial hearing Monday, North County Times, October 13, 2006.

* More deals may emerge in Hamdania case, North County Times, October 12, 2006.

* Sgt. Hutchins: Sergeant said to be ready to rebut Bacos testimony, North County Times, October 10, 2006.

* Corpsman Melson Bacos: Hamdania defendant expected to take plea deal today, North County Times, October 6, 2006.

* Major news! Corpsman Melson Bacos: Corpsman to plead guilty, will testify against squad mates in Hamdania killing, North County Times, October 5, 2006.

* Plea deal said in the works for Hamdania defendant; Navy corpsman may be first to strike deal with prosecutors, North County Times, October 4, 2006.

* Video clips of corpsman accused in Hamdania killing released, North County Times, October 3, 2006.

* Article 32 hearing for Navy corpsman rescheduled to Oct. 19, North County Times, September 27, 2006.

* Pfc. Jodka, LCpl. Shumate and Cpl. Magincalda: Courts-martial ordered for three Hamdania defendants, North County Times, September 25, 2006.

* Pfc. Jodka: Attorney says court-martial recommended for Encinitas Marine, North County Times, September 15, 2006.

* Tactics suggest Hamdania attorneys expect courts-martial, North County Times, September 14, 2006.

* Hamdania hearings resume, North County Times, September 12, 2006.

* Next Hamdania hearing set for Tuesday, North County Times, September 6, 2006.

* Pfc. Jodka and Cpl. Magincalda: Marines signal end of pretrial hearings in two Hamdania cases, North County Times, August 31, 2006.

* Death penalty pulled off the table for Encinitas Marine, North County Times, August 30, 2006.

* Hamdania case hearings begin, North County Times, August 30, 2006.

* Curtain set to rise on Hamdania case, North County Times, August 21, 2006.

* Hearings begin Monday for two Marines accused in Hamdania case, North County Times, August 25, 2006.

* Start of hearings in Hamdania case unclear, North County Times, August 24, 2006.

* Pretrial hearing waiver denied Hamdania defendants, North County Times, August 23, 2006.

* Demand for immediate trial signals change in 'Pendleton 8' case, North County Times, August 20, 2006.

* 2nd Lt. Nathan Phan: Charges filed against Marine lieutenant in Hamdania case, North County Times, August 16, 2006.

* Pfc. Jodka: Accused Hamdania Marine wants to head straight to trial, North County Times, August 16, 2006.

* Pendleton bracing for start of alleged war crime case, North County Times, August 15, 2006.

* Relatives of imprisoned men thank Oceanside rally participants, North County Times, August 13, 2006.

* Hearings set for accused Marines in Hamdania case, North County Times, August 8, 2006.

* Legal Aid: Law students volunteer to work on Hamdania case, North County Times, August 7, 2006.

* Military: Marines beat 3 Iraqi civilians, North County Times, August 5, 2006.

* Six Marines charged with assault in Hamdania incident, North County Times, August 4, 2006.

* Hearing set on request for release of Hamdania defendants, North County Times, August 2, 2006.

* 'It's all a lie': More families of accused Marines speak out ( Video), North County Times, August 10, 2006.

* More Marines may face charges in Hamdania slaying; number of defendants could rise to 12, North County Times, July 29, 2006.

* Lawyers renew efforts to have 'Pendleton 8' released, North County Times, July 28, 2006.

* Attorney says completed autopsy provides no showing man was bound, North County Times, July 25, 2006.

* Marine families wait and worry; Frustrations, anger expressed by relatives of accused Hamdania troops ( Video), North County Times, July 25, 2006.

* Famous last words: Attorneys: Accused troops won't testify against each other, North County Times, July 25, 2006.

* The 'Pendleton 8': A look at the 7 Marines and Navy corpsman charged in Hamdania incident, North County Times, October 31, 2006.

* Attorneys for accused troops say Marine Corps hampering defenses, North County Times, July 21, 2006.

* Taping of 'Pendleton 8' supporters draws questions, North County Times, July 19, 2006.

* Camp Pendleton setting up media center, North County Times, July 12, 2006.

* Hamdania lawyers: Military counterparts too busy to help, North County Times, July 11, 2006.

* Hamdania defendants' Web sites drawing attention, North County Times, July 7, 2006.

* New privileges for 7 Marines, Navy medic charged with murder, North County Times, July 7, 2006.

* Restrictions loosened on Hamdania defendants, North County Times, July 6, 2006.

* Pantano case has parallels to Hamdania incident, North County Times, July 1, 2006.

* Defending the accused: Many attorneys in Hamdania case practiced law while serving in military, North County Times, July 1, 2006.

* Cpl. Thomas: Hamdania defendant requests additional attorney, North County Times, June 30, 2006.

* Defense attorneys want to go to Iraq, North County Times, June 29, 2006.

* Citizens deserve hearing on charges, North County Times, June 28, 2006.

* War crimes prosecutions bring mixed bag of results, North County Times, June 28, 2006.

* Iraq murder charges raise specter of rarely used military death sentence, North County Times, June 28, 2006.

* Hamdania defense attorneys get documents; Work begins in earnest at defending accused Marines, Navy corpsman, North County Times, June 27, 2006.

* Lt. Gen. John Sattler called 'calm, unflappable', North County Times, June 26, 2006.

* Dozens rally at Camp Pendleton gates, North County Times, June 24, 2006.

* Military justice under spotlight in Hamdania case, North County Times, June 24, 2006.

* Growing list of accusations -- a turning point in stress on troops, or new resolve to crack down on crimes?, North County Times, June 23, 2006.

* First hearings in Hamdania case delayed, North County Times, June 23, 2006.

* Prosecution document details alleged slaying, North County Times, June 22, 2006.

* Prosecutor wants Hamdania killing hearings to start Wednesday, North County Times, June 22, 2006.

* Local Marines, residents say charges too harsh, North County Times, June 22, 2006.

* Seven Marines, Navy corpsman charged with murder ( Video), North County Times, June 22, 2006.

* Former judge advocate: 'Lawfulness' of alleged killing could be key if court-martial convened, North County Times, June 22, 2006.

* Support pouring in for jailed troops, North County Times, June 21, 2006.

* Marines, Corpsman charged with murder, North County Times, June 21, 2006.

* Pfc. Jodka: Marine in Hamdania case requests speedy trial, North County Times, June 19, 2006.

* Rules of engagement in Iraq will be tested, North County Times, June 18, 2006.

* Unidentified: Parents fret for accused Marine son, North County Times, June 16, 2006.

* Marine Corps unshackles troops under investigation, North County Times, June 16, 2006.

* Defense attorneys: Pentagon interrogators used threats to prompt Marines to discuss Iraqi man's death, North County Times, June 16, 2006.

* Marine Corps defends treatment of troops in brig, North County Times, June 15, 2006.

* Unidentified [LCpl. Pennington]: Mother of Marine under investigation speaks out, says her son is innocent, North County Times, June 14, 2006.

* Top Marine visits Pendleton; Gen. Hagee reinforces core values to troops, North County Times, June 14, 2006.

* Gen. Hagee: Top Marine at Camp Pendleton today, North County Times, June 12, 2006.

* Pfc. Jodka: Marine assigned military attorney, North County Times, June 9, 2006.

* Pfc. Jodka: Father of detained Marine: 'I am firmly convinced of his innocence', North County Times, June 9, 2006.

* Sources: Body of man killed in Hamdania now at Dover AFB, North County Times, June 8, 2006.

* Unidentified Marine: Magistrate orders Marine corporal to stay in brig, North County Times, June 8, 2006.

* Pfc. Jodka and unidentified Marine: A look at two Marines held in case of civilian death, North County Times, June 8, 2006.

* Attorney Jeremiah J. Sullivan III: Attorney: Suspects threatened with death penalty, North County Times, June 7, 2006.

* Attorney David Brahms, Carlsbad attorney critical of leaks in Marine probe, North County Times, June 7, 2006.

* Attorney Jeremiah J. Sullivan III: Lawyer for Navy corpsman calls for investigation, sets up defense fund ( Video), North County Times, June 6, 2006.

Back to Contents.

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The NCIS: Civilians who torture Marines for a living

Read about their methods in The NCIS Exposed: Documents in the Petty Officer Daniel King case.

Serious allegations about fabricating evidence in the 2nd Lt. Nathan Phan case.

Also this news story:

* NCIS Agent Aaron Bode goes into hiding to avoid testifying!: NCIS agent says his notes conflict with witness statement, North County Times, January 26, 2007.

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A Timeline

2006 

March 19: Time magazine prints the first Haditha story, based on the word of our enemy. The media is hungry for more of the same. 

April: Alleged alleged assaults on three Iraqis in Hamdania: Khalid Hamad Daham, Hassam Hamza Fayall and Ali Haraj Rbash. This alleged incident is unrelated to the alleged murder incident of April 26, 2006, but Marines will be brought up on charges.

April 26: Alleged murder of Hashim Ibrahim Awad in Hamdania, Iraq.

May 1: Alleged murder of Hashim Ibrahim Awad brought to leadership’s attention.  Preliminary investigation begins immediately.

May 4: Initial inquiry completed and briefed to Multi-National Force-West and Naval Criminal Investigative Service.

May 7: NCIS begins criminal investigation.

May 10: Eleven Marines and one sailor are removed from their unit, 2nd Platoon, Kilo Company, 3rd Battalion, 5th Marine Regiment and reassigned to the battalion headquarters at Camp Fallujah, Iraq.  Service members are restricted to their living quarters pending return back to Camp Pendleton. 

May 17: Rep. John Murtha feeds the media's anti-war agenda by stating that Marines in Haditha deliberately killed Iraqis in cold blood. Murtha claims his source is General Michael W. Hagee.  This is later shown to be a lie.

May 24: Multi-National Force-West distributes press release concerning the requested NCIS investigation into alleged killing of Hashim Ibrahim Awad. 

May 24: Service members arrive at Camp Pendleton and are reassigned to Headquarters Battalion, 1st Marine Division. 

May 25: Seven Marines and one sailor are place in pre-trial confinement in “maximum-in” restraint at the Camp Pendleton brig.  The additional four Marines are placed on base restriction. 

June 15: Restraint level for service members held in the brig is reevaluated and reclassified to “medium-in” restraint.  Press release distributed June 16. 

June 21: Seven Marines and one sailor are charged in connection with the April 26, 2006 death of Hashim Ibrahim Awad near Hamdania, Iraq.  Press briefing conducted outside the I Marine Expeditionary Force Operations Center. 

July 5: Restraint level for service members held in the brig is reevaluated and remains as “medium-in” restraint.  However, service members are permitted additional privileges with the general population. 

August 3: Three of the Marines in pre-trial confinement for the alleged murder of Hashim Ibrahim Awad are charged with allegedly assaulting Khalid Hamad Daham on April 10, 2006 near Hamdania, Iraq.  Three additional Marines, not previously charged, are also charged with the alleged assault on Khalid Hamad Daham.  Sgt. Lawrence G. Hutchins is also charged with the allegedly assaulting Hassam Hamza Fayall and Ali Haraj Rbash on April 10, 2006 near Hamdania, Iraq. 

August 16: 2nd Lt. Nathan Phan, not previously charged, is charged with allegedly assaulting Khalid Hamad Daham, Hassam Hamza Fayall and Ali Haraj Rbash on April 10, 2006 near Hamdania, Iraq.  He is also charged with making a false official statement. 

August 30: Article 32 Investigation hearings for Cpl. Marshall L. Magincalda and Pfc. John J. Jodka are held. 

September 12: Article 32 Investigation hearing for Lance Cpl. Jerry E. Shumate is held.

September 22: Charges referred to general courts-martial for Pfc. John J. Jodka, Cpl. Marshall L. Magincalda and Lance Cpl. Jerry E. Shumate.  Sole charge against Lance Cpl. Henry D. Lever is dismissed.

October 4: Arraignments for Pfc. John J. Jodka and Cpl. Marshall L. Magincalda are held.

October 6: The general court-martial for Petty Officer 3rd Class Melson J. Bacos is held.

October 13: Arraignment for Lance Cpl. Jerry E. Shumate is held.

October 16: Article 32 Investigation hearing for Sgt. Lawrence G. Hutchins III is held.

October 17: Charges referred to general courts-martial for Lance Cpl. Tyler A. Jackson, Lance Cpl. Robert B. Pennington and Cpl. Trent D. Thomas.

October 26: The general court-martial for Pfc. John J. Jodka is held.

November 6: The general court-martial for Lance Cpl. Tyler A. Jackson is held.

November 7-8: Motion hearings for Cpl. Marshall L. Magincalda are held.

November 10: Charges referred to general court-martial for Sgt. Lawrence G. Hutchins.

November 14: Arraignment for Cpl. Trent D. Thomas is held.

November 15: Pfc. John J. Jodka is sentenced at a general court-martial.

November 16: Lance Cpl. Tyler A. Jackson is sentenced at a general court-martial.

November 20-21: Arraignment and motion hearing for Lance Cpl. Robert B. Pennington are held.

November 21: The general court-martial for Lance Cpl. Jerry E. Shumate is held.

December 7: Arraignment for Sgt. Lawrence G. Hutchins III is held.

 2007

January 11-12: Article 32 Investigation hearing for 2nd Lt. Nathan P. Phan begins.

January 17: Motion hearing for Cpl. Marshall L. Magincalda is held.

January 18: The general court-martial for Cpl. Trent D. Thomas is held.

January 26-28: Article 32 Investigation hearing for 2nd Lt. Nathan P. Phan resumes.

February 6: Motion hearing for Cpl. Trent D. Thomas is held.

February 8: Cpl. Trent D. Thomas withdraws his guilty pleas at sentencing hearing.

February 13-17: The general court-martial for Lance Cpl. Robert B. Pennington is held.

Back to Contents.