CHARGE SHEET I. PERSONAL DATA 1. NAME OF ACCUSED (Last, First, MI) _ 2. SSN U11111111, 3. GRADE OR RANK 111111 4. PAY GRADE 5. UNI IZATION 1st Armored . Division 6. CURRENT SERVICE a. INITIAL DATE 1141111111111111, b. TERM 48 months 7. PAY PER MONTH 8. NATURE OF RESTRAINT OF ACCUSED None. 9. DATE(S) IMPOSED None. a. BASIC b. SEA/FOREIGN DUTY c. TOTAL NONE II CHAROESANDSPMFICATIONS 10. CHARGE I : VIOLATION OF THE UCMJ, ARTICLE 92 mimi s SPECIFICATION 1: In that iiim U.S. Army, who knew of his duties at or .near Iraq, on or about 20 June 0 p 03, was derelict in the performance of those duties in that he willfully detoured hissecurity patrol to an unsecured site and dismounted, when it was his duty not to do so. SPECIFICATION 2: In that U.S. Army, who knew of his duties at or nearallalla Iraq, was derelict in the performance of those duties in that he willfully failed to deliver a captured looter to the 1-13 AR Battalion holding area, as it was his duty to do. CHARGE II: VIOLATION OF THE UCMJ, ARTICLE 93 THE SPECIFICATION: In that U.S. Army, at or near Iraq, on or about 20 June 2003, was true young male. civilian delgg li f ill or looting materials from a factory site, a person subject to his orders, by staging his mock execution. CHARGE III: VIOLATION OF THE UCMJ, ARTICLE 133 THE SPECIFICATION: In that. U.S. Army, did, at or near, Iraq, on or about 2 une 2003, while fficer in charge of a security 11111110 .11111111.11111111, patrol, wrongfully and dishonorably abandon a detainee in his custody. II. PREFERRAL 11a. NAME OF ACCUSER (Last, First, MO . c. USER ORED DIVISION d. SIGNATURE e. DATE AFFIDAVIT: Before me, the undersigne4, authorized by law to administer oaths in cases of this character, personally appeared the above named accuser this )-,0- day of 1-1 ,,-5LA , 20 Ft3 , and signed the foregoing charges and specifications under oath that he/she is a person subject to the Uniform Code of Military Justice and that he/she either has personal knowledge of or has investigated the matters set forth therein and that the same are true to the best of his/her knowledge and belief. v iii1111111111f111 111 02em1 a 111111. Trial Counsel . -11111111111k_ Signature Official Capacity to Administer Oath (See R.C.M. 307(b) - must be a commissioned officer) FORM 458. MAY 2000 PREVIOUS EDITION IS OBSOLETE. 007047 DOD 003109 ACLU-RDI 987 p.1
Transcript
CHARGE SHEET I. PERSONAL DATA
1. NAME OF ACCUSED (Last, First, MI)
_
2. SSN
U11111111, 3. GRADE OR RANK
111111 4. PAY GRADE
5. UNI IZATION
1st Armored . Division
6. CURRENT SERVICE
a. INITIAL DATE
1141111111111111, b. TERM
48 months 7. PAY PER MONTH 8. NATURE OF
RESTRAINT OF ACCUSED None.
9. DATE(S) IMPOSED
None. a. BASIC b. SEA/FOREIGN
DUTY c. TOTAL
NONE
II CHAROESANDSPMFICATIONS 10. CHARGE I : VIOLATION OF THE UCMJ, ARTICLE 92
mimi sSPECIFICATION 1: In thatiiim
U.S. Army, who knew of his duties at or .near Iraq, on or about 20 June 0
p
03, was derelict in the performance of those duties in that he willfully detoured hissecurity patrol to an unsecured site and dismounted, when it was his duty not to do so.
SPECIFICATION 2: In that U.S. Army, who knew of his duties at or nearallalla Iraq, was derelict in the performance of those duties in that he willfully failed to deliver a captured looter to the 1-13 AR Battalion holding area, as it was his duty to do.
CHARGE II: VIOLATION OF THE UCMJ, ARTICLE 93
THE SPECIFICATION: In that U.S. Army, at or near Iraq, on or about 20 June 2003, was true young male. civilian delgglifillor looting materials from a factory site, a person subject to his orders, by staging his mock execution.
CHARGE III: VIOLATION OF THE UCMJ, ARTICLE 133
THE SPECIFICATION: In that.
U.S. Army, did, at or near, Iraq, on or about 2 une 2003, while fficer in charge of a security
11111110 .11111111.11111111, patrol, wrongfully and dishonorably abandon a detainee in his custody.
II. PREFERRAL 11a. NAME OF ACCUSER (Last, First, MO . c. USER
ORED DIVISION
d. SIGNATURE e. DATE
AFFIDAVIT: Before me, the undersigne4, authorized by law to administer oaths in cases of this character, personally appeared the above named accuser this )-,0- day of 1-1 ,,-5LA , 20 Ft3 , and signed the foregoing charges and specifications under oath that he/she is a person subject to the Uniform Code of Military Justice and that he/she either has personal knowledge of or has investigated the matters set forth therein and that the same are true to the best of his/her knowledge and belief.
viii1111111111f111
11102em1a 111111. Trial Counsel .
-11111111111k_ Signature
Official Capacity to Administer Oath (See R.C.M. 307(b) - must be a commissioned officer)
FORM 458. MAY 2000 PREVIOUS EDITION IS OBSOLETE.
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ACLU-RDI 987 p.1
12.
On 20 the accused , was informed of the charges against him/her and of the name(s) of notification cannot be made.)
1PP--enaetion
The accuser(s) known to me (See RC.M. 308 (a)). (See R.C.M. 308 if
11111111111111111) ander of Immeciate mender
Grade
Signature IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING-AUTHORITY
13.
The sworn charges were received at hours 20 at Designation of Command or
Officer Exercising Summary Court-Marbal Jurisdiction (See R.C.M. 403)
FOR-T146 1
Commander Typed Name of Officer Official Cepacky of Officer Signing
Grade
Signature V. REFERRAL, SERVICE OF CHARGES
14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY b. PLACE c. DATE
Referred for trial to the court-martial convened by
. 20 0 3 , subject to the following instructions :2
By Of Command or Order
Typed Name of Officer Offidel Capacity of Officer Signing
Grade
Signature 15.
On . 20 .1 (caused to be) served a copy hereof on (each of) the above named accused.
MI -111.111111/Mingl-T eme o n Grade or Rank of Trial Counsel
Signature FOOTNOTES: S
DD FORM 458. (BACKI MAY 2nnn
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DOD 003110
ACLU-RDI 987 p.2
A lAD ATTORNEY WORK PRODUCT TC:
DC: CIVILIAN
U.S. v.
UNIT: 11111.11111. MOS / POSITION:
AGE: 110 BASD: ETS: NW PCS:
MARITAL STATUS: M/ S/ D CHILDREN: Y/ N
NEXT OF KIN'S HOME OF RECORD / PHONE: 111111111111111
SPEEDY TRIAL DATE:
PRETRIAL CONFINEMENT: Y / N PTC DATE:
CER11/ilbll OMPF ON HAND: Y / N CER111.1bD ORB / ERB ON HAND: Y / N
CER11HED SMIF FILE ON HAND: Y / N CER111.1L41.) LES ON HAND: Y / N
R.C.M. 306(b) ANALYSIS:
1.ACCUSED'S CHARACTER AND MILITARY SERVICE:
DECORATIONS:
PRIOR UCMJ: Y / N PRIOR ADVERSE ADMIN: Y / N
FLAGGED: Y / N LEADERSHIP POSITION: Y / N
2. EFFECT ON MORALE, HEALTH, WELFARE, AND DISCIPLINE:
MORALE-
HEALTH:
WELFARE:
DISCIPLINE:
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ACLU-RDI 987 p.3
A
3. APPROPRIATENESS OF AUTHORIZED PUNISHMENT:
CHARGE: Dereliction (92)
CHARGE: Assault (128)
CHARGE: Conduct Unbecoming (133)
CHARGE: Solicitation (134)
FACTS / MERITS:
DATE: 20 JUNE 03
LOCATION: 11110111.111111111r
MAX: DD / 2 yrs. / Total $
MAX: DD / 8 yrs. / Total $
MAX: Dismissal / 1 yr. / Total $
MAX: DD / 5 yrs. / Total $
ACT / OMISSION; lAD forces detained (trespassing) Iraqi boy (13 to 16 years old) for approximately 90 min ove him to a deserted field at the end of the patrol. Boy was placed into truck headlights an ed a 9mm shot to the side of the boy's head. The boy was not bound by flexi-cuffs o sandbag. ook a picture of the boy (covering hishead/face)andthepatrolleft saidhewasgoungtolettheboywback, (approximately 1.5 click from secto
PERPETRATOR:
WITNESS:
- WITNESS: the detainee tollift
WITNESS:11111111111111MEIeard a "pop" like a shot, saw thru NVGs o ster 's weapon, and saw detainee face down on the ground, hands over his
head, sounded like he was crying, at a distance of about 10 feet Did not hear or see anything like a dog.
• WITNESS: i3oy was flexi-cuffed and sandbagged into the truck. Patrol went into an unfamiliar back road. Boy was taken out of truck. SM
• flexi-cuffs cut. ook picture. Saw and heard no dogs. Patrol mounted and left. pulled security *ducked when he heard a shot Saw muzzle flash, boy crying and saw
o WITNESSIMINWIIIII,unloaded the detainee boy. Saw them in fro c an sai something maudi e to detainee, then shot weapon close to detainee's person eleased the prisoner.
DATE: 22. JUNE 03
LOCATION: 1111.111111111111
ACT / OMISSION: 111111111pask ed fold man and two kids were crying and told him to detain them. Old man asked that not shoot his son.111111111011.old
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old man no one would be shot to run, so he fired a warning shot
heard a shot andIMMIMpsaid the kid tried .4:1 to let them go.
arlimERPETRATOREMIlleilliiiIIMIIIIIIIIII Says told him t
. o e s, and let all three go after they cried. Admits
dischTging theimiliscare the detainee. Says he reported completion and... smiled. Says condoned the use of scare tactics to deter looters.
WITNESS.111111111111.1.11.
WITNESS: etallic trigger click, then saw SM charge M-16 hanaie and tire a single shot while pointing the weapon away from a boy's (13 to 17 years old) head. He then released the boy to his father and brother.
WITNESS. 'd to make detainees cry. Saw take one of the (13 years old) boys hehind the building.
WITNESS: pointed told him he inted his weapon at the family.
FACTS! MERITS — REBUTTAL:
1) 2)11111k
3) 4)
FACTS / SENTENCING:
AGGRAVATION:
1) 2) 3)
MITIGATION:
1) 2) 3
4. ACCUSER'S POSSIBLE IMPROPER MOTIVES:
RATER: - Y / N NEGATIVE COUNSELINGS: Y / N
EO COMPLAINT: Y / N IG COMPLAINT: Y IN
CONGRESSIONAL: YIN 138 COMPLAINT: YIN
c WITNRCC RFT ITPTA ATVE!TA TFR'111W-
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ACLU-RDI 987 p.5
CO-ACCUSED: Y / N RATING CHAIN ISSUE: Y / N
CONFINED: Y / N CID SOURCE: Y / N
6. ACCUSEDOOPERATES TO APPREHEND / CONVICT OTHERS:
CID SOURCE AGREEMENT: Y / N NUMBER OF ARRESTS: 0
IMMUNITY AGREEMENT: Y / N NUMBER OF CONVICTIONS: 0
7. OTHER JURLSDICTION(S) WILLING TO PROSECUTE OFFENSE(S):
STATE: Y / N FEDERAL: Y / N:
MILITARY: Y / N HOST NATION: Y / N
8. AVAILABLE AND ADMISSIBLE EVIDENCE:
STATEMENTS: Y / N (2) RIGHTS ADVISEMENT & WAIVER: Y / N
MENTAL HEALTH HISTORY: Y / N SANITY BOARD: Y / N
CORROBORATING PHYSICAL EVIDENCE: Y / N
PHYSICAL EVIDENCE FOUND DURING INSPECTION: Y / N
PHYSICAL EVIDENCE FOUND DURING SEARCH: Y / N
CORROBORATING DOCUMENTARY EVIDENCE: Y / N
CORROBORATING WITNESS STATEMENTS: Y / N
EYEWITNESSES: Y / N TOTAL: 10
9. TC'S EVALUATION / RECOMMENDATION:
LEVEL:
GP / IA -
DISCHARGE:
DOCKET TRACKER
PREFERRAL DATE:
CONFIRMED DETAIL DC WITH SDC ON:
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SERVED DETAILED DC WITH PREFERRAL PACKET ON:
ARTICLE 32 DATE:
DETAILED PARALEGAL:
JO NAME / PHONE / EMAIL:
DETAILED LEGAL ADVISOR:
PACKET SERVED TO I0 AND LEGAL ADVISOR ON:
HEARING SCHEDULED FOR:
DELAYS: Y / N DELAY APPROVED ON:
SANITY BOARD: Y / N • SANITY BOARD APPROVED ON:
DEFENSE DELAY DAYS: GOVERNMENT DELAY DAYS:
R.C.M. 405(G) REQUEST RECEIVED ON:
WITNESS UNAVAILABLE: Y / N
DEPOSITION REQUESTED: Y / N
TRANSLATOR REQUESTED: Y / N
TRANSLATOR NAME / PHONE:
GOVERNMENT'S R.C.M. 405(G) RESPONSE SERVED ON:
TRANSCRIBER:
DOES . TC NEED VERBATIM PORTION FORA WITNESS: Y / N
TRANSCRIPT SERVED TO JO ON:
10 REPORT SERVED TO BDE CDR ON:
JO REPORT SERVED W/IN 5 DAYS TO DC: Y / N
CHARGES ADDED OR DELETED: Y / N
REFERRAL DATE:
CONVENING ORDER IN THE PACKET: Y / N
SUMMARY / BCD / GCM
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DATE CHARGE SHEET AND ALLIED PAPERS SERVED ON ACCUSED:
