Two years after killing the neighbor of a suspected insurgent
in the Iraqi village of Hamdania, seven of the eight Camp
Pendleton troops who were found guilty of crimes related to
the incident walk free.
Four are still in uniform, and one of that group is back
serving in Iraq.
For all but one of the men, it's
been a long journey from the jail shackles and premeditated
murder charges that once confronted the group whose supporters
dubbed them the "Pendleton 8."
The only man who remains jailed is former Sgt. Larry Hutchins
III. Hutchins is serving a 15-year sentence after being
convicted by a military jury of leading the squad from Camp
Pendleton's 3rd Battalion, 5th Marine Regiment in the killing.
Hutchins' father, also named Larry Hutchins, said during a
telephone interview last week that he has mortgaged his house
to pay for his son's defense and the continuing efforts to win
his freedom.
The elder Hutchins, who lives in Massachusetts, said he spends
his days worrying about his son and doing what he can to lobby
for clemency.
"There's not a day that goes by that we don't think about it,"
he said.
Leanne Magincalda, stepmother of one
of the men, said in an e-mail that the lives of the troops and
their families have been "altered irreversibly by this case,"
and she pointed to financial and emotional distress.
Carrying out the plan
It was two years ago that the seven Marines and the Navy medic
assigned to their squad sat in a palm tree grove in the Anbar
province village and agreed to a plan, according to court
testimony.
The plan was this, the testimony revealed: Seize a man widely
believed to be an insurgent, kill him and then stage the scene
to cover it up. Lie about it when other Marines come around to
investigate.
Hours later, after 2 a.m. on April 26, 2006, they carried out
the plot, the court testimony showed.
Four of the eight, Marines Trent Thomas, Marshall Magincalda,
Robert Pennington and the medic, Melson Bacos, went to find
their original target. When they discovered that man wasn't
home, they grabbed his neighbor, a father of 11 later
identified as Hashim Ibrahim Awad, several of the men
testified during court hearings.
They hustled Awad down a road to a crater left by a roadside
bomb. They tossed him in and tied him up as he fought back,
according to the testimony.
Then the four troops cleared out of the way.
The other Marines lined up and Hutchins gave the command to
fire, according to the testimony. After Hutchins confirmed
Awad was dead by shooting him twice more in the head, a shovel
and an AK-47 were placed next to his body to make it appear he
was planting a roadside bomb.
When Awad's family complained, an investigation was launched.
Within days, the eight men were put on a plane out of Iraq.
Hours after arriving back at Camp Pendleton, the men were
jailed in the base brig in individual cells and shackled when
released to meet with attorneys or to be led to an exercise
area.
Awad's death came on the heels of tough questions raised about
a deadly assault in the Iraqi city of Haditha just months
earlier, in which 24 Iraqis, many of them women and children,
were shot to death by a different group of local Marines in
November 2005.
The Marine Corps was under fire for not investigating the
Haditha deaths more thoroughly. Then Awad was killed.
The allegations of what happened in Hamdania and the jailing
of the eight young men put them in an international spotlight.
Supporters routinely rallied at the base's main gate,
demanding they be released and arguing the incident was a
battlefield killing and not a crime.
Automatic appeals
Within months, five of the accused men ---- members of the 2nd
platoon of Kilo Company ---- pleaded guilty to a variety of
reduced charges related to the killing. The three who held out
for trial were convicted.
The juries that convicted two of the men also ruled they
should be released from custody. Juries in military court, not
judges, decide the punishment for anyone they convict.
Except for Hutchins, none of the eight served more than 15
months behind bars, thanks to a combination of clemency and
the plea deals resulting in short sentences.
By early August 2007, seven were free. Their cases, however,
are not over. Each has been subject to review by Lt. Gen.
Samuel Helland, commander of the I Marine Expeditionary Force
at Camp Pendleton and head of Marine Corps Forces in the
Middle East.
Earlier this month, Helland met with Hutchins' family members
and attorneys who continue to seek his release or a reduction
in his sentence.
As the convening authority over the case, Helland decides
whether to accept the punishments handed down by the courts or
grant clemency. A final decision from Helland on each man's
case has not yet been announced.
Meanwhile, chatter over Hamdania continues off the Marine base
with Internet stories and blogs calling into question all
aspects of the investigation and the evidence.
Moving on
In the swirl of it all, most of the accused are moving on.
Some of the men didn't have to leave the service. When it came
time for sentencing, most told the court they didn't want a
discharge.
John "J.J." Jodka of Encinitas, Tyler Jackson and Bacos remain
on active duty at Camp Pendleton, according to Marine Corps
spokesman Lt. Col. Sean Gibson. All are working out of
Headquarters Battalion, 1st Marine Division.
Jerry Shumate also is on active duty and has been back in Iraq
since January. His job description there was not immediately
available, Gibson said.
Magincalda was given an honorable discharge and has left the service, Gibson said.
Two of the men ---- Thomas and Pennington ---- are in a sort
of limbo, not officially out of the Marine Corps but not
working for or getting paid by the service as their cases work
through the review and appellate process. A discharge was part
of their sentence, and both are on unpaid leave pending
further court action, Gibson said.
Erica Thomas, the wife of Trent Thomas, who was allowed to
withdraw a guilty plea and was ultimately convicted by a jury,
said in an e-mail that her family is doing well. The couple,
who now live in San Bernardino County, have a preschooler and
an infant.
And Pennington, who also is living in Southern California, is OK and "figuring out how to live after being on active duty for five years," said his attorney, Carlsbad's David Brahms. "He's got his head screwed on straight. He's bright, talented and charming beyond belief."