INVESTIGATIVE - American Civil Liberties Union

INVESTIGATIVE

FILE "E"

19304

165023 0~:48 20051027 ~SSDEMAIL *48407 OUT:23EXLlf~J4783

~ I -. •

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE<1. REPORT OF INVESTIGATION (CLOSED)

DEATH (II)

V/DOE, JOHN (NMN)/UNKM/W/ZZZZ/N///UNKSUPP: SYRIAN NATIONAL

COMMAND/II MEF, lRAQ/2036l

l50CT05

CONTROL: 26JUN05-MEBJ-0378-7HMA/C

WARNINGTHIS DOCUMENTIS THE PROPERTY OF THE NAVAL CRIMINALINVESTIGATIVE SERVICECONTENTS MAY lIE DISa.OseO ONI.Y TO PERSONS WHOSEOFFICIAL ounas REQUIRE ACCESS

HERETO. CONTENTS MAYNOTBEDISCLOSED TOTHEPARTY!SJ CONCERNED WITHOUT SPECIAC

AU1l<OmZATlON FROM THENAVAL CRlMINAlINVESTlGATlVESEl<IIICE. V~, \

MADE AT/MEBJ/AL ASAD AIRBASE IZt111111111111111"sPECIAL AGENT

REFERENCE(A) NCISFO Middle East ROI (INTERIM)/27JUL05 ... (Contains Exhibits 1-

15)(B) NCISFO Middle East ROI (INTERIM)/26AUG05 ... (Contains Exhibits

~7)(C) NC' FO Middle East ROI (INTERIM)/22SEP05 ... (Contains no Exhibits)

EXHIBIT(S)(18) IA: Receipt of Final Autopsy Report and Death Certificate/

070ct05 ... (Copy all, less 23B1)

EXECUTIVE SUMMARY1. Investigation initiated on 26Jun05, pursuant to notificationregarding the death of an unidentified Syrian detainee, whileattempting to flee from U.S Marines and Iraqi Armed Forces (IAF) inthe vicinity of Al Haqlaniyah, IZ. Members of 3rd Battalion 25thMarine Regiment (3/25) and 2-4-1 IAF were manning a SVCP, 15km southof Hadith" Dam, IZ, on Main Supply Route (MSR) Bronze, when four (HMilitary Aged Males (MAM) approached in a red Opal "nd were stoppedand searched. The MAMs were interviewed and determined to be SyrianForeign Fighters. During questioning, one of the MAMs broke awayfrom his guard and attempted to flee the scene on foot, however afterrepeated commands to halt by both 3/25 and IAF members, he wasengaged with deadly force. The deceased's remains were recoveredfrom a local Hospital and transported to the Armed Forces Instituteof Pathology (AFIP), located at Dover Air Force Base, DE, for postmortem examination. Preliminary Autopsy determined the cause andmanner of death as multiple (2) gunshot wounds and Homicide,respectively. 2ND MARDIV and IIMEF SJA's have been· apprised. Thisinvestigation is closed.

NARRATIVE1. This investigation was initiated pursuant to SECNAVINST 5520.3B.There are no specific statutes or UCMJ articles that pertain.

2. Reference (C) reflected this investigation was pending receipt ofthe Final Autopsy-Toxicology Results. On 070ct05, the final autopsyresults were received from the Armed Forces Institute of Pathology(AFIP, which disclose the cause of death as multiple gunshot woundsand manner of death as Homicide, Exhibit (18) pertains. A certificateof death was also contained in the aforementioned report .,

FOR OFFICIAL U5E~LYPage 1 /

19305

26JUN05-MEBJ-0378-7HM. ~

SUBJ: V/DOE, JOHN (NM~UNKU.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

, USMC, SJA, 2NDMARDIV and SMC, SJA,IIMEF advised there is no command Advocate interest inthis investigation. The actions of the Marines and Iraqi NationalGuards were within the Rules of Engagement and proper Escalation ofForce. This investigation is closed.

PARTICIPANT(S)

-===~'i Special Agent, NCISHQ Washington, DC• Special Agent, NCISHQ Washington, DC (AFIP)

ACTIONDIST This investigation is closed

DISTRIBUTIONNCISHQ (SI):INFO:

0023BlMEBJ/Command (H)

FOR OFFICI ~ONLYPage2 ~SE _ V2 LNY

WARNINGTHIS DOCUMENTIS THE PROPERTY OF THE NAVAl CRIMINAl INVESTIGATIVE SERVICECONTENTS MAY BEDISQ.OSED ON.Y TO PERSONS WHOSE OFFICIAl. DUnES REQUIRE AccEss

HERETO. CONTENTS MAY NOT8ED1SClOSEO TO THEPARTY(S) CONC£RNED WITHOUTSPECli=ft

AUTHORllATlON FftOM THE NAVAL CRIMINAL tNV£ST1GATlVE SERVICE.19306

PREVIEW OF 52872322XW; ",)fC IN:SSD *17094 OUT:TEMPLA~~,562

//23B/BJ// ,~,U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICEINVESTIGATIVE ACTION 070CT05

CONTROL: 26JUN05-MEBJ-0378-7H~1A


RECEIPT OF FINAL AUTOPSY REPORT AND DEATH CERTIFICATE

1. On 070ct05, Reporting Agent (RA) received the final autopsy reportand death certificate for V/DOE after Participating Agent (PA) hadobtained the documents from the Armed Forces Institute of Pathology,Rockville, MD. The final autopsy report disclosed V/DOE's cause ofdeath as multiple gunshot wounds and the manner of death as homicide,Enclosure (A) pertains. The Certificate of Death listed the causeof death as gunshot wounds to the back and the onset of death fromseconds to minutes, Enclosure (B) pertains. Dr. Scott A. LUZI,Pathologist, who conducted the autopsy, signed the Certificate ofDeath.

PARTICIPANT(S)Special Agent, NCISHQ Washington, DCSpecial Agent, NCISHQ Washington, DC (AFIP)

REPORTED BY:OFFICE:

..............11" SPECIAL AGENTAL ASAD AIRBASE, IZ

THIS DOCUMENTIS THE PROPERTY OF THENAVAL CRIMINAL INVESTIGATIVE SERVICECONTENTS MAY BEDISClOSEDONLYTO PERSONS WHOSEOFFICIAlDUnES REQUIRE ACCESS ~HEAETO. CONTENTS MAY NOT BEDISa.OSED TO TllE PARTYlSICONCERNED WITHOUT SPECIFIC /J ~/AUTHOR!ZATION FROMTHENAVALCRIMINAlINVESTrOATlVE SERVia. 0

FOR OFFle SE ONLYPage 1 LAST _ V2 LNY

WARNING EXHIBIT (11

19307

NAVAL CRIMINAL INVESTIGATIVE SERVICE

DELETED PAGE INFORMATION SHEET

Page(s) ~ L\ - E \\) £n(ill \ ~ 4:-h Q;.~ )_

withheld entirely at this location. One or more of the following explain thisdecision:

___Deleted under exemption(s) _

LDocuments originated with other government agency(ies).Referred for review and direct response to you.

___.Pages contain information furnished by other governmentagency(ies). We will advise you ofreleasability of informationfollowing consultation with agency(ies).

------Comments: \0,. OvvO\,gd

Deleted pages(s)No duplication feefor thispage

19308

(

CERTIFICATE OF DEATH (OVERSEAS}

_IUd'''' (D·Outn....r)

NAMEOF DECEASED (teal. Fi« AfiddlfJ) GRADE BRANCH OFsERVICe SOC~SECURITYNUMBER

NomdlI dked6 (Nom et pr6r\(lmI) """'" ..... Numao de rAauf8IICII SotiaII

U050630 - MEBJ-0378-, , Civilian U05-06-30ORGANIZATiON "'-""'" NATION {e.g. UIlittJdSlMe.} CATEOF BIRTH SEX ......... Dale de nalssw1ce

Iraq !!J ......0 FEMAlE

RACE - MARITAL STATUS ~"'" RElIGlOH "'""PROTESTANT OTHER (Specify)CAUCASOID

Ca_SINGLE """'-'- DWORCED - .....(-,

"""'" CATHDUCNEGROID - MARRIED M...

"- XSEPARATED

X OTHERI~I ..........1-1 WIDOWED V... JEWISH JuI

NAMEOF NEXTOF KIN Nom du plus prochePMmf RE1.A'OONSHIP TODECEASED PaAllllt ell cUdde~ IeSUI

STREETADDRESS DomitI6l! (Ruei) CITYORTOWN ORSTATE (1ndude ZIPCode VIlle (Codl pOalaItxmpIiI)

MEDJCALSTATEMENT D'cIlII'IiUon m6ctICUt

INTERVAL BETWEENCAUSE OFDEATH (Entaronly onecausepit( 108) ONSETANDDEATHc.u.. du d6c6I (N'lndlquer qu'uno CIHlsep....llgne) Inllnalfe entre

~. GI kt d60bI

• GunshGI woundsto the beck SecondstoDISEASE" OR CONDITON DIRECTlY LEADING TO DEATH,MInutesMalad. au a1ndition dncleRMN1t ~SPOnsabIe dela mort.

MORBID CONDITION, IFAt>JY, LEADING TOANTECEDENT PRIMARY CAUSE

CAUSES Condition morbid.. 1I~" Y II leu. menant' Ia

""""'''''---- UNDERLYING CAUSE,IFANY, GIVINGRISeprjcurse.... do TO PRiMARVCAUSEIa ...... CoIlcIMion morbide... , y a .1Ieu. menant i III

ClWI8sQnU8 .,OTHERSIGNIFICANT CON[)ITJONS

Autres condItions:s/gnlfic8livea 2

MODE OF DEATHAUTOPSYPERFOR~ED AuIopAt eIfectuM (iJves Dui o NO Non

CIRCUusr:~_SURROUNDING

ConcHlion dCl IMc6s DEATHDUETO EXTERNAL CAUSESMAJOR I'NOlNBS Of' AUlQPSY COfICb&ions~ de 1'8Ub:lps" Cn:orrII:8M:8a de III rnol'1 tuKitiH pat dGs

NATU...... ..--MOlI~

ACCIDENTMart aCcidetltialle

NAMEOF PATHOlOGIST NaIn du paIhoIogiaCaSUICIDE ScottA Luzl, MD. LeDR, MC, USNR..- s/7/fJ..... IDATE Date ~VJATlON ACODENT ACddent' Avian

X HOMICIDE9 July2005 [}es "'" [i).o ....-ClATEDFDEATH ~."it~~ PLACE OF DEATH I.iet.ldedlk2l

Dale de dltch (lheuf8, Ie ."1TICliI, rann")26 June 2005 Iraq

I HAVE VIEWEDTHE REMAINSOFTHE DECEASEOAND DEATH OCCURREDAT'~~DlCATED AND FROM THE CAU8ESAS STATEDABOVE..rajexam.. let rules morlaII du d6 ru... ie candus que. d6cts at aufWhU. n-u.... et6, iii auh dnc._~~.

NAME OF MEDJCAl OFFtCER Nomdu mtdIcin m'"audUm6cIcII'I unIIah f Tm.E ORDE_~EE l1lnt au~$tl!lphen L. Robinson DepulyMedIcal ExaminerGRADE """" INSTALLATIOH OR ADDRESS InstaIaIiun au.....

CAPT DoverAFB}DoverDEDATE Dahl /' s'77L. ........ov /},1 r»;=t1~.::.-:.=~ ...==;;r";~~~_;~c:.:".'::'ed.~PNciMr""'.~.~::--~"III~qul.CIlIIIlrtIW';-_""IIOJI.lllfMlll6n" __,"""·IIft""dII_.llIc

REPLACES DA FORM35IS.1JAN 72 AND DA FORMUl$.R(PA8).21 8EP15, WHICHARE OIHIOLETE.

ENCLOSURE ( 0)0:1/19309

133454 09: 19 20051007 I....SSDEMAIL #43537 OUT: 23EXLI' I,J1255

u.S. NAVAL CRIMINAL INVESTIGATIVE SERVICEREPORT OF INVESTIGATION (ACTION)

DEATH (II)


COMMAND/II MEF, IRAQ/20361

070CT05

CONTROL: 26JUN05-MEBJ-0378-7HMA

MADE AT/0023/NCISHQ WASHINGTON Dc/1 ~I, SPECIAL AGENT

REFERENCE(A) MEBJ ROI (ACTION)/07JUL05

EXHIBITS(1) Final Autopsy Report/31AUG05 ... (Copy MEBJ only),(2) Death Certificate/040CT05 ... (Copy MEBJ only)

NARRATIVE1. In accordance with lead tasking set forth in reference (A),Reporting Agent obtained V/DOE's final autopsy report and deathcertificate from Participating Agent The reportlists V/DOE's cause of death as multiple gunshot wounds and hismanner of death as homicide, exhibits (1). and (2) pertain. Leadtasking is complete.

PARTICIPANTSpecial Agent, NCISHQ Washington, DC (AFIP)

DISTRIBUTIONNCISHQ: 0023INFO: DCWA/MEBJ (M)

SEONLY•ST • V2LNY

WARNINGTHJS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERViCE ~CONTENTS MAY BEDISClOSED 01«.'1' TO PERSONS WHOSEOFFICIAL DUTIESREQUIRE ACCESS .

HERETp. CONTENTS MAY NOTBEDI8a.OSEOTO THEPAATYISI CONCERNED WITHOUT SPECIFIC / \

AUTHOflIlATlON FROM1lE NAVAL CAlMlNAL INVe6nGAnVE SERVICE. YJ\19310

127248 08:47 20051003 (~SDEMAIL #42126 OUT:23EXLIf Jt43I. 0fjf!J \ '4i!JI

u.s. NAVAL CRIMINAL INVESTIGATIVE SERVICEREPORT OF INVESTIGATION (ACTION)

DEATH (II)



030CT05


MADE AT/0023/NCISHQ WASHINGTON DC/ ..

REFERENCES(A) MEBJ ROI (ACTION)/07JUL05(B) 0023 ROI (ACTION)/01AUG05(C) 0023 ROI (ACTION)/25AUG05(D) 0023 ROI (ACTION)/13SEP05

SPECIAL AGENT

NARRATIVE1. In accordance with lead tasking set forth in reference (A), andsubsequent to the submission of references (B) through (D),completion of lead tasking is pending receipt of the final autopsyreport and death certificate. On 30SEP05, Participating Agent

advised the autopsy report is awaiting finalsignature and approval. Estimated date of completion is HOCT05.

PARTICIPANT

DISTRIBUTION.NCISHQ: 0023INFO: DCWA/MEBJ

FOR OFFICIALPage 1

WARNINGTHIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE ~

CONTeNTS MAYBEDlSQ.OSfDONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS

HERETO. CONTENTS W. Y NOTBEDISClOSED TO THEPAmYlSI CONCEflNED WITHOUT SPECIAC /:

AUTHORIZATION FROM THENAVALCRIMINAL INVESTIGATIVE SEAVlCE. t, t19311

103794 03:47 20050928

(

..ISDEMAIL lI40932 OUT:23EXLIf J64358

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

REPORT OF INVESTIGATION (ACTION)

DEATH (II)


COMMAND/II MEF, lRAQ/20361

28SEP05


MADE AT/MEBJ/AL ASAD AIRBASE IZ4I SPECIAL AGENT

REFERENCE(A) NCISFO Middle East ROI (OPEN)/28JUN05(B) NCISFO Middle East ROI (INTERIM)/27JUL05 ... (Contains Exhibits 1-

15)(C) NCISFO Middle East ROI (INTERIM)/26AUG05 •.. (Contains Exhibits

16-17)

EXECUTIVE SUMMARY1. Investigation initiated on 26Jun05, pursuant to notificationregarding the death of an unidentified Syrian detainee, whileattempting to flee from U.S Marines and Iraqi Armed Forces (IAF) inthe vicinity of Al Haqlaniyah, IZ. Members of 3rd Battalion 25thMarine Regiment (3/25) and 2-4-1 IAF were manning a SVCP, 15km southof Haditha Dam, IZ, on Main Supply Route (MSR) Bronze, when four (4)Military Aged Males (MAM) approached in a red Opal and were stoppedand searched. The MAMa were interviewed and determined to be SyrianForeign Fighters. During questioning, one of the MAMs broke awayfrom his guard and at t empted t() fl.,etll"scene on f'oot; , h",weyer afterrepeated commands to halt by both 3/25 and IAF members, he wasengaged with deadly force. Thedeceased's remains were recoveredfrom a local Hospital and transported to the Armed Forces Instituteof Pathology (AFIP), located at Dover Air Force Base, DE, for postmortem examination. Preliminary Autopsy determined the cause andmanner of death as multiple (2) gunshot wounds and Homicide,respectively.


2. Reference (A) reflected lead tasking to 23B12/DCWA to forwardfinal autopsy results of V/DOE to Al Asad Detachment, IZ forinclusion in the case file. This report is being generated to obtainand Estimated Date of Completion (ECD) for the completion of thisaction.

ACTIONR.DCWA:R.23B12:

PLEASE PROVIDE AN ECD.PLEASE PROVIDE AN ECD.

DISTRIBUTION

FOROFFICIALPage 1

WARNINGTHIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINALINVESTIGATIVE SERVICE /CONTENTS MAY BEOlSQ.OSEO ONI.Y TO PERSONS WHOSEOFFICIAl. DUTIESREQUIRE ACCESS ,

HERrnl. CO""",, MAVNOT BEOlsa.oSEOTO TH' PARTY'" CONC'RN'O WITHOUTSPECIFIC ~ \ LAlffiiORlZAnON FROMTHENAVAL ""'MINAI. INY.snOAnYE SERVIC.. 0 \~ )19312

26JUN05-MEBJ-0378-7Hr' 11 ~-

SUBJ: V/DOE, JOHN (NMN)/UNK

i. U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

NCISHQ (SI): 0023BACTION: 23B12/oCWAINFO: MEBJ

FOROFFICIALPage 2

ONLY__ V2LNY

WARNINGTHIS DOCUMENTIS THE PROPERTY OFTHENAVAL CRIMINALINVESTIGATIVE SERVICECONTENTS MAY BEDISCLOSED OM.V TO PERSONS WHOSE OFFiCIAL DUTIES REQUIRE ACCESS . l "HERETO. CONTENTS MAY NOT BEDlSCLOSED TOTHE PARTYISJ CONCERNED wrnIOUT SPECIAC ~ \.\.IiAUTHORIZATION FROMTHENAVALCRIMINAL INVESTlGAnVESERVICE. ~ \19313

98042 04:19 20050926 #40242 OUT:23EXLIFr,~3831

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICEREPORT OF INVESTIGATION (INTERIM) 22SEP05

DEATH (II)




MADE AT/MEBJ/AL ASAD AIRBASE IZ/ SPECIAL AGENT

REFERENCE(A) NCISFO Middle East ROI (INTERIM)/27JUL05 ... (Contains Exhibits 1


16-17)

EXECUTIVE SUMMARY1. Investigation initiated on 26Jun05, pursuant to notificationregarding the death of an unidentified Syrian detainee, whileattempting to flee from U.S Marines and Iraqi Armed Forces (IAF) inthe vicinity of· Al Haqlaniyah, IZ. Members of 3rd Battalion 25thMarine Regiment (3/25) and 2-4-1 IAF were manning a SVCP, 15krn southof Haditha Darn; IZ, on Main Supply Route (MSR) Bronze, when four (4)Military Aged Males (MAM) approached in a red Opal and were stoppedand searched. The MAMs were interviewed and determined to be SyrianForeign Fighters. During questioning, one of the MAMs broke awayfrom his guard and attempted to flee the scene on foot, however afterrepeated commands to halt by both 3/25 and IAF members, he wasengaged wit:h deadly, force. The deceased's remains were recoveredfrom a local Hospital and transported to the Armed Forces Instituteof Pathology (AFIP), located at Dover Air Force Base, DE, for postmortem examination. Preliminary Autopsy determined the .cause andmanner of death as multiple (2) gunshot wounds and Homicide,respectively.


2. Reference (B) reflected this investigation is pending receipt ofthe Final Autopsy-Toxicology Results. To date, this investigation ispending receipt of the aforementioned documents.

DISTRIBUTIONNCISHQ (SI): 0023BINFO: MEBJ/DCWA

FOR OFFICIALPage 1

WARNINGTHIS DOCUMENTIS THE PROPERTY OFTHE NAVAL CRIMINAL INVESTIGATIVE SERVICE /"\CONTENTS MAY BEDISCLOSED OM..YTO PERSONS WHOSEOFFICIAL DUTIESREQUIRiACCESS / \ \

HERETO. CONTENTS MAY NOT BEDISCLOSED TOTHE PARTYISI CONCERNED 'NlTHOUT SPECIRC \ J ,AUTHORIZATION FROMTHENAVALCRIMINAL INVESTIGATIVE SERVICE. V19314

97636 04: 19 20050925 -JSDEMAIL #40202 OUT: 23EXLIF j3807

\ ' \.

u.s. NAVAL CRIMINAL INVESTIGATIVE SERVICEREPORT OF INVESTIGATION (INTERIM)

DEATH (II)



22SEP05


MADE AT/MEBJ/AL ASAD AIRBASE IZ/tI SPECIAL AGENT



16-17)

EXECUTIVE SUMMARY1. Investigation initiated on 26Jun05, pursuant to notificationregarding the death of an unidentified Syrian detainee, whileattempting to flee from U.S Marines and Iraqi Armed Forces (IAF) inthe vicinity of Al Haqlaniyah, IZ. Members of 3rd Battalion 25thMarine Regiment (3/25) and 2-4-1 IAF were manning a SVCP, 15km southof Haditha Darn, IZ, on Main Supply Route (MSR) Bronze, when four (4)Military Aged Males (MAM) approached in a red Opal and were stoppedand searched. The MAMs were interviewed and determined to be SyrianForeign Fighters. During questioning, one of the MAMs broke awayfrom his guard and attempted to flee the scene on foot, however afterrepeated commands to halt by both 3/2.5 .• and IAjfll\emj:>",1;s, he wasengaged with deadly force. The dec~ased's r~mains'were recoveredfrom a local Hospital and transported to the Armed Forces Instituteof Pathology (AFIP), located at Dover Air Force Base, DE, for postmortem examination. Preliminary Autopsy determined the cause andmanner of death as multiple (2) gunshot wounds and Homicide,respectively.


2. Reference (B) reflected this investigation is pending receipt ofthe Final Autopsy-Toxicology Results. To date, this investigation ispending receipt of the aforementioned documents.

DISTRIBUTIONNCISHQ (SI): 0023BINFO: MEBJ/DCWA

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WARNINGTHIS DOCUMENTIS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE ~CONmiTS MAY BEDIsa.OSEOONI.Y TO PERSONS WHOSE OFFICIAL DunES REQUIRE ACCESS 0\HERETO. CONTENTS MAY NOTBe DISCLOSED TOTlfEPAflTYlSI CONCERNED WITHOUTSPECIFIC \)

AUTHORIZATION FROMTHENAVALCRlMtNAllNVfSTIGATlVE SERVICE. U19315

85922 17:15 20050913 ~DEMAIL #37557 OUT:23EXLIF'JJ}

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICEREPORT OF INVESTIGATION (ACTION) 13SEP05

DEATH (II)

V/DOE, JOHN (NMNl/UNKM/W/ZZZZ/N///UNKSUPP: SYRIAN NATIONAL



MADE AT/0023/NCISHQ WASHINGTON DC/ SPECIAL AGENT

REFERENCES(A) MEBJ ROI (ACTION)/07JUL05(B) 0023 ROI (ACTIONl/01AUG05(Cl 0023 ROI (ACTIONl/25AUG05

NARRATIVE1. In accordance with lead tasking set forth in reference (A), andsubsequent to the submission of references (B) and (Cl, lead taskingcontinues to remain outstanding' pending receipt of the final autopsyreport.

DISTRIBUTIONNCISHQ: 0023INFO: DCWA/MEBJ

Page 1

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WARNINGTHIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE ,qCONTENTS MAY BEDISClOSEDONl..Y TO PERSONS WHOSEOFFICIAL DUTIESREQUIRE ACCESS 7'HERETO. CONTENTS MAY NOTBEDIsa.OSED TO THE PARTYlS,CONCERNED WITHOUTSPECIFIC 'JAUTHORIZATION FROMTHENAVALCRIMINAL INVESTIGATIVE SERVICE. U19316

)~1471 03:26 20050829 ~SDEMAIL #34068 OUT:23EXLI'-<J!j

":98864':'6/

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICEREPORT OF INVESTIGATION (INTERIM) 26AUG05

DEATH (II)




WARNINGnils DOCUMENT IS THE PROPERTYOF THE NAVAL CRIMINAllNVESTIGATNE SERVlg ....... 'lf)CONTENTS MAYBED1SCLOS£O OM.Y TO PERSONS WHOSE OFFICIAlDUTIES REQUIRE ACCESS /" ifHERETO. CONTENTS MAY NOTBEOISClOSEDTO THEPARTYI51 CONCERNED WITHOUTSPECIFIC V.AUTHORIZATION FAOM THENAVALCRIMINAL INVeSTIQATlVE SERVICE. V

MADE AT/MEBJ/AL ASAD AIRBASE IZ/ II SPECIAL AGENT


15)

EXHIBITS(16) IA: Results of Autopsy (V/DOE)/27JuI05 ... (Copy All)(17) IA: Results of Interview of 15Aug05 ... (Copy All)

EXECUTIVE SUMMARY1. Investigation initiated on 26JunOS, pursuant to notificationregarding the death of an unidentified Syrian detainee, whileattempting to flee from U.S Marines and Iraqi Armed Forces (IAF) inthe vicinity of Al Haqlaniyah, IZ. Members of 3rd Battalion 25thMarine Regiment (3/25) and 2-4-1 IAF were manning a SVCP, 15km southof Haditha Dam, IZ, on Main Supply Route (MSR) Bronze, when four (4)Military Aged Males (MAM) approached in a red Opal and were stoppedand searched. The MAMs were interviewed and determined to be SyrianForeign Fighters. During questioning, one of the MAMs broke awayfrom hi$ guard and attempted to flee the scene on foot, however afterrepeated commands to halt by both 3/25 and IAF members, he wasengaged with deadly force. The deceased's remains were recoveredfrom a local Hospital and transported to the Armed Forces Instituteof Pathology (AFIP), located at Dover Air Force Base, DE, for postmortem examination. Preliminary Autopsy determined the cause andmanner of death as multiple (2) gunshot wounds and Homicide,respectively.


2. Subsequent to Reference (A), the results of the preliminaryautopsy was received, which indicated that on 09Ju105, Participant

..lIlilliiattended the post mortem examination of V/DOE at AFIP.Preliminary Autopsy results were also previously reported inReference (A), and determined two entry wounds in the back and twoexit wounds in the front, with no projectiles found inside the body.Accompanying the preliminary report were the autopsy photographs andfingerprints of V/DOE; Exhibit (16) pertains.

3. On 13Aug05, participantll......lrinterviewe~he

FOR OFFICIALU~LYPaget /

19317

'~)6JUN05-MEBJ-0378-7HI' ,) ~

SUBJ: V/DOE, JOHN (NMN}!UNKU.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

'interpreter embedded with 3/25 Marines at the.time of the shooting;Exhibit (17) pertains. During the interview, • stated he wasthe person who noted the unusual clothing and speech patterns of thethree detainees, and informed the Marines of the possibility theywere Syrians or Jordanians. also discovered the driver ofthe vehicle only had approximately $15 worth of Iraqi Dinars, but haddriven the Syrians from the border, so more than likely, he wasinvolved with them. stated at one point while interviewingone of the Syrians, he tried to escape on foot and despite the IAFand Marines yelling for him to stop, he continued running away. ~the Marines and IAF engaged V/DOE and he fell to the ground. 11IIIIIIII'stated he and an IAF member named went to check V/DOE'scondition and found him still alive, but with what appeared to be amortal wound to the heart. stated he asked if theyshould get the Marines, but reportedly indicated he wanted tokill V/DOE, and fired three rounds from his AK-47 into V/DOE,whothen died. Of note, is that post mortem examination did not discoverthese three rounds reportedly fired into V/DOE. stated.....__ the Marine Squad Leader, questioned ' s actions, but .just stated he shoots every Syrian, because they just blow themselvesup. then wanted to shoot the other two, but IIIIwould notallow. The other two were placed into the HMMWV and taken to HadithaDam.

4. This investigation is pending receipt of the Final AutopsyToxicology Results.

PARTICIPANTSNCIS Spec~al Agent, NCISHQWashington, DC

'NCIS Special Agent,MNF~I Int'l Zone, Baghdad, IZ

DISTRIBUTIONNCISHQ (SI): 0023BINFO: MEBJ

FOR OFFICIALPage 2

ONLY.. V2LNY

WARNINGTHIS DOCUMENT IS THE PROPERTYOF mE NAVAL CRIMINAllNVESTIGATJVE SERVICE \

CONTENTS MAV BEDISCLOSED OM-VTO PERSONS WHOSE OFFICIAL DUTIESREQUIRE ACCESS /) ;

HeRa"O. CONTENTS MAY NOT BE IHSCLOSED TOTHI; PARTY!S' CONCERNED WITHOUT SPECIFIC V.'.. VAUTHORIZATION FROM THENAVALCRlMINAlINVESTlGATlVE SERVICE. V19318

47826 14:46 20050802\.JJ~SDEMAIL*27729 OUT: DCWAEXt., ;.

u.s. NAVAL CRIMINAL INVESTIGATIVE SERVICE

*27509

INVESTIGATIVE ACTION 27JUL05


1/11 MEF, IRAQ/DEATH OF AN UNIDENTIFIED DETAINEE ESCAPEE

RESULTS OF AUTOPSY

1. On 09JUL05, Reporting Agent attended the autopsy of theunidentified detainee escapee at the Charles C. Carson Center forMortuary Affairs, Dover Air Force Base, Dover, DE. ---..~MC OSNR, Associate Medical Examiner, and~

MC USN, Deputy Medical Examiner, Office of the ArmedForces Medical Examiner, conducted the autopsy. The examination .disclosed two gunshot wounds entering in the back and exiting in themid and upper chest area. No projectiles were found inside the body.The Preliminary Autopsy Report is appended as enclosure (A).

2. The remains were received in a transfer case that contained a bagof clothing. The clothing most likely belonged to the detainee. Anexamination of the clothing suggested it was cut off the body, andthen the body was wrapped in white cloth, suggestive of preparationfor burial. The clothing was examined for holes or other evidence ofpotential trauma to the body. The only items of clothing suggestingtrauma were the undershirt and button-down plaid shirt. Both shirtshad holes where the shirt/undershirt would have been adjacent to theperson's back. The undershirt was cut in the area that potentiallywould have matched the exit wounds. The button-down shirt was cut inthe shoulder area, but still had a hole that coincided with the exitwound above the left clavicle. An additional hole. was observedthrough the left pocket of the shirt. The two holes on the back ofthe button-down shirt appeared to have small smudges indicative of"bullet wipe." No other obvious smudges or powder patternssurrounding or emanating from the holes were observable.

3. The postmortem examination was photographed by .,USAF, Photographer, Office of the Armed Forces Medical

Examiner. dI utilized a Nikon DlH digital camera. Thephotographs are appended as enclosure IB). Proof sheets areforwarded separately for maintenance in the case file.

4. Fingerprints from the detainee are included as enclosure IC) .

ENCLOSURESIA) Preliminary Autopsy Report/09JUL05IB) Autopsy Photographs/09JUL05IC) Fingerprint Card/09JUL05

REPORTED BY:OFFICE:

, SPECIAL AGENTNCISHQ WASHINGTON, DC

FOROFF~Y7Page 1 LAST V2 LNY

EXHIBIT ( \ l()WARNING AUG2PM 456

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE

CONTENTS MAY liE DISCLOSED ONLYTO PERSONS WHOSEOFFICIALDUTIES REQUIRE ACCESS /JYHERETO. CONTENTS MAY NOT liE OISCLOSEO TO THE PARTYISl CONCERNED WITHOUT SPECIFIC V,Il,UTHORIZATION FROMTHENAVAL CRIMINALINVESTIGATIVE SERVICE. V19319



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19320

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Proce•• Date:08Jul 05 ME#: 05-0630

19321

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JIE. ~ .<~~U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE//23B/BJ//

INVESTIGATIVE ACTION 15AUG05



RESULTS OF INTERVIEW OF•••••••••

1. On 13Aug05, Reporting Agent identified himself as a Special Agentof the U.s. Naval Criminal Investigative Service, and interviewed

tllIlIlI.was advised he was being interviewedregarding his knowledge relative to the death of a Syrian male(V/DOE, John (NMN» in July 2005. As background, is aDepartment of Defense contracted linguist who was assigned to the 3rdBattalion, 25th Marines and was present at V/DOE's death.llllllllllllrprovided the following information:

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINALINVESTIGATIVE SERVICE o.CONTENTS MAYBEOISCLOSED ONLYTO PERSONS WHOSE OFFICIAL Dl1TIES REaUIRE ACCESS C4-\ IHERETO. CONTENTS MAY NOT 8E DISCLOSED TO THE PARTYlSICONCERNED WITHOUTSPEClAC / ~_V

AUTHORIZATION FROMTHENAVALCRIMINALINVESTIGATIVE SERVICE. .

EXHIBIT 07>WARNING

2. " was attached to a squad of Marines supported by a HUMMVat a checkpoint with Iraqi National Guard (ING) soldiers also manningthe checkpoint. The HUMMV had a gun mounted on the top of thevehicle. The Marines and ING manning the checkpoint were inspectingvehicles when noticed one vehicle containing three malepassengers, other than the driver, who appeared by their clothing tobe from outside Iraq. instructed the vehicle driver to atopand further instructed the vehicle's occupants to show theiridentification. As1llllllltspoke to the occupants he noticed theiraccents were either Syrian or Jordanian. instructed theoccupants to get out of the vehicle and sit on the ground away fromthe vehicle. The occupants consisted of the driver who acted as ataxi driver, and three passengers. It was later learned the driverhad only 20,000 dinars (approximately 15.00 USD) and that he haddriven the three passengers from the Syrian border. It was alsolearned that the driver was an Iraqi national. lit inatructedthe passenger who appeared to be the youngest to corne to him. Theperson was V/DOE. asked V/DOE where he was from to whichV!.DOE first replied that he was from Iraq . ., confronted V/DOEabout his accent being other than Iraqi. V/DOE admitted he was fromSyria. told the ING to take V/DOE to where the other Syrianswere aitting. Aa V/DOE started walking aa directed, he suddenlytried to escape by running away. The ING and Marinea called to V/DOEto stop in Arabic four or five times, but V/OOE continued running.The Marine and the ING opened fired and V/DOE fell to the ground.

FOR OFFICIAL USPage 1

113~.~::::::~~and an ING sergeant named, (last name unknown to

went to aee V/DOE's condition. V/DOE was still alive, butit appeared to V/DOE was not going to live much longerbecause one of the bullet wounds appeared to be "in the heart."

19322

ADDRESS: Al TAlBIA IN FRONT OF EXCHANGER, NO.....

TELEPHONE: lRAQNA••••••••

26JUNOS-MEBJ-037S-7H!f d (JSUBJ: VIDOE, JOHN (N!'m/rUNK


IIIIIIIr could hear V/DOE voicing pain from the wounds. asked.......,-if they should get the Marines to ask what they should do with

VIDOE. replied, "No, I want to kill him now!" or words verysimilar. told he was concerned they would get introuble, but Freplied he did not care. fired threerounds from his AK-47 rifle into V/DOE who then died. From the time

........'and a arrived at V/DOE's body to the time they left himdead was about thirty seconds.

4. When and returned to where the Marines and INGsoldiers were still watching the other two Syrians and the Iraqidriver, the Marine squad leader, (NFl), was· upset with

shooting V/DOE..... asked why he shot V/DOE to whichreplied, III shoot every fucking Syrian because they are going

to blow themselves up." wanted to kill the other Syrians, buttill would not permit it and told to relax ..... called an

officer via radio and was told to take the other Syrians and thedriver to camp. The ING took the two Syrians and the Iraqi to theHUMMV. When the ING soldiers got the detainees into the HUMMV theystarted beating them to the bodies. with their AK-47 rifle butts. Theblows were never to their faces. stood next to the HUMMVwhile the beatings took place. The Marine who was manning the crewserved weapon on top of the HUMMV managed to stop the ING fromfurther beating the detainees. The Marines then drove the detaineesto base where they were turned over to intelligence personnel.

5. said none of the Marines hit or mistreated the detainees . .Neither did any Marine give instructions to mistreat a detainee orgive instructions directly or by implication to mistreat orwrongfully kill a detainee.

BIOGRAPHICAl DATAEMPLOYMENT: CATAGORY 1, LINGUIST - TITAN CORPCITIZENSHIP: IRAQ

DOB: ....POB:RESIDENCE:OTHER:

REPORTED BY:OFFICE:

..~IIIIIIII....~~SPECIAl AGENTMNF-I INTERNATIONAl ZONE, BAGHDAD, IRAQ

USE ONLYLAST .. V2lNY

WARNINGTHiS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAl. INVESTIGATIVE SERVICE

CONTENTS MAY BEDISCLOSED ONLYTO PERSONS WHOSEOFFICIAL DUTIESREQUIFU; ACCESS

HERETO. CONTENTSMAY NOT BEDISCLOSED TO THE PARTYISICONCERNED WITHOUTSPECIFIC

AUTHORIZATION FROMTHE NAVAL CRIMINALINVESTIGATIVE SERVICE.19323

69740 09:08 20050826 ~SDEMAIL *33810 OUT:23EXLIF ~8653

u.s. NAVAL CRIMINAL INVESTIGATIVE SERVICEREPORT OF INVESTIGATION (ACTION) 25AUG05

DEATH (II)

V!DOE, JOHN (NMN)!UNKM!W!ZZZZ!N!!!UNKSUPP: SYRIAN NATIONAL

COMMAND!II MEF, IRAQ!20361


MADE AT!0023!NCISHQ WASHINGTON DC! 111111111111111111 SPECIAL AGENT

REFERENCES(A) MEBJ ROI (ACTION)!07JUL05(B) 0023 ROI (ACTION)!OlAUG05

NARRATIVE1. In accordance with lead tasking set forth in reference (A), andsubsequent to the submission of reference (B), lead tasking continuesto remain outstanding pending receipt of the final autopsy report.

DISTRIBUTIONNCISHQ: 0023INFO: DCWA!MEBJ

USE ONLYLAST _ V2lNY

WARNINGTHIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINALINVeSTIGATIVESERVICE J ,ICONTENTS MAY BEDISClOSEDONLYTO PERSONS WHOSE OffiCIAL DUTIESREQUIRE ACCESS /.IIt\HERETO. CONTENTS MAY NOT BEDI8a.OSEO TO l1fE PARTYISICONCERNED WITHOUTSPECIFIC V ;AUTHORIZATION fROM l1fE NAVAl CRIMINAL INvesnGATIVESERVICE. \...I19324

48148 00:42 20050803 \~SDEMAIL *27840 OUT:23EXLIF ';53866;7j

\~

u.s. NAVAL CRIMINAL INVESTIGATIVE SERVICE1 REPORT OF INVESTIGATION (INTERIM) 27JUL05

DEATH (II) CONTROL: 26JUN05-MEBJ-0378-7HMA

V/DOE, JOHN (NMN) /UNKM/W/ZZZZ/N///UNKSUPP: SYRIAN NATIONAL


MADE AT/MEBJ/AL ASAD AIRBASE IZ_ SPECIAL AGENT

-:::~0.5.J.U.I.0ii:5 ... (COpy All)• 4Ju105 ...

EXHIBIT(S)(1) IA: Acquisition of Hand Written Statements from 3/25 Personnel/

30Jun05 ..• (Copy All)(2) IA: Acquisition of Ministry of Health Document/03JuI05 ... (Copy

All)(3) IA: Death Scene Examination Report/07JuI05 •.. (Copy All)(4) IA: Photographic Coverage of Death Scene Examination/07Jul05 •..

(Copy All)(5) IA: Results of Retrieval of Body and Interview of Ambulance

Driver/07JuI05 •.. (Copy All)(6) IA: Photographic Coverage of Detainee by Mortuary Affairs/08Jul05

... (Copy All)(7) lA: Acquisition of Mortuary Affairs Custody Documentation/09Jul05

... (Copy All)(8) Translated Sworn Statement of.....(9) Translated Sworn Statement of

(Copy All)(19) Translated Sworn Statement of ....~..~~~~~~~~'14JuI05•.•

(Copy All)(11) Translated Sworn Statement of .11......III..III..... ·N/14JUI05

... (Copy All)(12) Translated Sworn Statement of II/l4JUI05 .

(Copy All)(13) Translated Sworn Statement of ~II~ 13JUI05 ..•

(Copy All)(14) IA: Receipt of Preliminary Autopsy Report from AFIP/17JuI05 •..

(Copy All)(15) IA: Acquisition of Titan Document/24JuI05 ... (Copy All)

EXECUTIVE SUMMARY1. Investigation initiated on 26Jun05, pursuant to notification from

USMC JAGC, Senior SJA, II Marine ExpeditionaryForce (MEF), Camp Fallujah, Iraq (IZ), regarding the death of anunidentified Syrian detainee, while attempting to flee from U.SMarines and Iraqi Armed Forces in the vicinity of Al Haqlaniyah, IZ.Members of 3rd Battalion 25th Marine Regiment (3/25) and 2-4-1 IraqiArmed Forces (IAF) operating from Camp Haditha, IZ, were manning aStationary Vehicle Check Point l5km south of Haditha Dam on MainSupply Route (MSR) Bronze, when a red Opal carrying four (4) MilitaryAged Males (MAM) was stopped and searched. The MAMs were discoveredwith false Iraqi identification and were later determined to be

FOROFFICIAL U~NLYPage 1 ,

WARNINGTHIS DOCUMENT IS THE PROPERTY OF!HE NAVAL CRIMINAL INVESTIQAtlve SERVICE ~1.CONTENTS MAY BEDlsa.OSEDONLYTO PERSONS WHOSE OffiCIAL DUTIES REQUtRE ACCESS e' VHERETO. CONTENTS MAY NOTBEDlsa.osm TO THEPARTYI8t CONCERNED WITHOUTSPECIfIC ./

Al1THORlZAnON FROM THE NAVAl CRIMINAL INVEBnOATlVE SSlVlCE.19325

26JUN05-MEBJ-0378-7HM: ~

SUBJ: V/DOE, JOHN (N~j~NKU.S. NAVAL CRIMINAL INVESTIGATIVE SERVICESyrian Foreign Fighters entering the country for Jihad. At one pointduring questioning, one of the detainees attempted to flee the sceneand was commanded to halt by both 3/25 and IAF members, however hecontinued his escape. To prevent the imminent escape of thisdetainee, who had fled to a distance no longer safe to chase, he wasengaged with deadly force. The deceased's remains were recoveredfrom a local Hospital and transported to the Armed Forces Instituteof Pathology (AFIP), located at Dover Air Force Base, DE, for postmortem examination. Members of 3/25 involved in the shooting wereinterviewed, however under advise of legal counsel, invoked theirrights to silence. Due to the lack of proper identification, thedeceased Syrian detainee is hereby referred to as V/DOE.


2. On 28Jun05, Reporting Agent (RA) contacted ..........IUSMC,~for3rd Battalion, 25th Marine

Regiment (3/25), Reg~mental Combat Team - 2 (RCT-2), forward deployedto Camp Haditha, Iraq, regarding interviewing the four Marinesinvolved in the shooting death of V/DOE. providedstatements that were written by these individuals immediately afterreturning to camp from the incident scene. RA then attempted toindividually interview the four Marines; however, on the advice oflegal counsel, invoked their rights to silence, and requested theirwritten statements stand in place of oral testimony. Exhibit (1)provides the pertinent details of those statements.

3. On 28Jun05"RA received ,documentation from the Iraqi Ministry ofHealth, regarc:l±n.gthe post mortem examination of V/DOE; Exhibit (2)pertains. Iraqi Coronary Doctor for HadithaHospital performed the autopsy on V/DOE and detected one entry woundto the back and one in the left shoulder, and one exit wound in theleft chest. The document provided bYllllllllllwas written in Arabic;therefore (infra) provided a sworn translation.

4. On 29Jun05, RA traveled via' armored patrol to the death scene andperformed the death scene examination (DSE) , including death scenesketch and measurements, Exhibit (3) pertains.

5. On 29Jun05, as part of the DSE, photographic documentation of thescene was performed; Exhibit (4) pertains.

6. On 28Jun05, Participant (infra) negotiated the retrieval ofV/DOE's remains from Haditha Hospital and had them transported to theMortuary Affairs Detachment aboard Al Asad, for future transport toAFIP; Exhibit (5) pertains. Participant additionallyinterviewed the Ambulance Driver, whorecovered V/DOE from the incident scene on 26Jun05, and transportedhim to Haditha Hospital. Once V/DOE arrived at the Al Asad MortuaryAffairs Detachment, photographic coverage of V/DOE was taken as partof the in-processing procedures. Those photos were provided to NCIS;

FOR OFFICIAL USEPage 2

WARNINGTHIS DOCUMENT IS THE PROPERTY OFTHE NAVALCRIMiNAl INVESTIGATIVE SERVICE /,JnCONr£NTS MAY BEorsa..osm ON-V TO PERSONS WHOSE OFFICIAL DUnES RfQUIRE ACCESS . D('HERETO. CONTENTS MAYNOTBED1sa.OSEO TO THEPARTYISi CONCERNED WITHOUT SPECIAC \ J .AUTHORIZATION FROM THENAVALCRIMINAL INVESTIGATiVE SERVICE. \J19326

26JUN05-MEBJ-0378-7HM l~

SUBJ: V/DOE, JOHN (NMt:lr/UNK

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICEExhibit (6) pertains.

7. On 07Ju105, RA met with USMC, Al AsadMortuary Affairs, regarding the transportation of V/DOE to AFIP.Helo Squadron HMM-264 was tasked to transport V/DOE from Al Asad tothe Transportation Mortuary Evacuation Point (TMEP) at BaghdadInternational Airport (BIAP), and documentation was provided tomaintain the chain of custody throughout transport; Exhibit (7)pertains.

8. On 05Ju105, RA interviewed .l the Iraqi Cab driver whowas also stopped and detained at VCP 9. I was determined to betransporting three Syrians from Anah to Baghdad, Iraq.provided a sworn statement regarding his recollection of the eventssurrounding the death of V/DOE. Exhibit (8) is statement inArabic, accompanied by the Sworn translation provided by

(infra). essentially indicated that V/DOE attempted toescape because the IAF were beating them. While escaping, he heardthe IAF yelling for him to stop; however, when he did not, they shothim. He also indicated an American Soldier fired from his Humvee,and the American's treatment of them was much better than the IAF.

9. On 07Ju105, RA interviewed 2-4-1 IAF,regarding his recollection of the events. Exhibit (9) iS~~~::~..statement in Arabic, accompanied by the sworn translation by

......II:stated the interpreter embedded at the Yep, beat one of thedetainee's, and he soon admitted he was Syrian. At that point, hewas taken over to the Marines, where he soon escaped, and wasultimately killed.

10. On 07Ju105, RA interviewed ° 2~4-l IAF;regarding the death of the Syrian detainee; Exhibit (010) isstatement in Arabic, accompanied by the sworn transl~tion by

"lIlIliindicated when the initial shots were fired, the Syrian keptrunning, and it was not until the Marine aboard the,Humvee fired,that V/DOE died.

11. On 07Ju105, RA interviewed 2-4-1IAF, regarding the death of V/DOE. Exhibit (11) i~.......-rs

statement in Arabic, accompanied by sworn °translation .........II~stated all members of IAF and 3/25 fired at V/DOE. After he

was dead, the Humvee took the others to the Marines Headquarters forfurther investigation.

12. On l3Jul05, Participant interviewed4~"""IIIIIIIIII""an admitted Syrian National in Iraq for Jihad, who was detained atVCP-9 on 26Jun05. provided a written statement regarding hisrecollection of the events, which is accompanied by....~translation; Exhibit (12) pertains. stated the IAF forces beatthem upon determining their identification papers were phony. Heidentified V/DOE as Abu BASHIR and indicated when he ran away, one ofthe Marines began saying something in English, but he could notunderstand it. Then two of the IAF shot at BASHIR, whom he also

FOR OFFICIAL US#LYPage 3 ,

WARNING ~THIS DOCUMENT ISTHE PROPERTY OFTHE NAVAL CRIMINAllNYESTlGATJVE SERVICE \~

COraeNTSMAY BE: DISCLOSED ONLY TO PERSONS WHOSE OfFICIALDUTIES REQUIRE ACC£SS .\)(

H£flETO. CONt'ENTS MAYNOTBEDISQ..OsmTOTN! PARTYIS) CONCERN£D WITHOUT SPEClRe ~.,AUTHORIZATION FADM THE NAVAL CfIIMINAL INVEmGATlVE SERYK:£. \:J19327

26JUN05-MEBJ-0378-7HM ~

<,<DSUBJ: V!OOE, JOHN (~r/UNKU.S. NAVAL CRIMINAL INVESTIGATIVE SERVICEindicated is from Ar Rutbah, Iraq near Camp Korean Village. Later,while 1wa s providing his sworn translation, he indicated AbuBASHIR simply means father of Good News, and is not a real name but awarrior-type nickname, similar to Devil Dog for the Marines.

13. On 13Ju105, RA interviewed. the otherSyrian detainee at VCp-g. provided an oral statement~rding the events surrounding V/DOE's death, and Arabic Linguist~ F(infra) wrote the statement in English as was

speaking; Exhibit (13) pertains. stated he entered Iraqfrom the Syrian town of Boukamal, where he also met Abu BASHIR and

the warrior name for (supra) • • • • • •stated after the Americans interrogated them through an interpreter,and determined their IO's were false, they made them get on theground, where the IAF beat and kicked them. Abu BASHIR was beaten sobad he ran away, and shortly thereafter stated he heardgunshots. He then heard the IAF saying Abu BASHIR was dead.

ti.... remembered hearing the Americans yelling STOP, STOP, in English.

14. On 15Jul05, RA received the Preliminary Autopsy Report fromAFIP; Exhibit (14) pertains. MC USN, and

,. ~MC USN, performed the autopsy and determined thecause and manner of death as multiple gunshot wounds and homicide,respectively. They discovered two entry gunshot wounds to the back,one exiting the left side of the chest, and the other exiting abovethe left clavicle. No bullets, fragments, soot or stippling waspresent.

15. On 24Jul05, RA contacted Al Asad forTitan Corp, regal;dingthe LocatiLon 0t~et~n9')li$tassigned to 3/25 at the tim", of VIPOE"s dea.th.· Titan Corp managesall Linguists in Al Asad's Area of Operations, and had beenpreviously requested to locate so he could provide astatement of the events. provided documentation detailing a15Jul05 IEO attack, which resulted in injuries to _.'. requiringhis medical evacuation; Exhibit (15) pertains. 1IIIIIafurtherelaborated that was currently in Baghdad undergoing rehabwith his family.

16. This investigation is still pending the interview of ........~ndreceipt of the Final Autopsy/Toxicology Reports.

PARTICIPANTSNCIS Spec~al Agent, Al Asad Airbase, IZ

CALNET Category II Arabic Linguist, Al Asad, IA, CALNET Category II Arabic Linguist, Al Asad, IA

......t CALNET Category II Arabic Linguist, Al Asad, IA

WARNINGTHIS DOCUMENT IS THEPROPERTY OFntE NAVALCRIMINAL INVESTIGATIVE SERVICE ~.""-CONTENTS MAYBEDISCl.OSEO ON-YTOP£RSONS WHOSE OFfICIAL DUTIES REQUIRE ACCESS , l JHERETO. CONTENTS MAYNOTBEDlSQ.OSED TOTHEPARTYIS! CONCEANm WITHOUT SPEClAC -/' .

AUTHORIZATION FROM 11fE NAVAL CRIMINAL INVEsnGATIVE SERVIC£. ~ ,

DISTRIBUTIONNCISHQ: 0023BINFO: MEBJ

FOROFFICIAL ~S~LYPage 4 LAS~~ V2 LNY

19328

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//23B/BJ// C)


INVESTIGATIVE ACTION 30JUN05


I/II MEF, IRAQ/DEATH OF AN UNIDENTIFIED DETAINEE ESCAPEE

ACQUISITION OF HAND WRITTEN STATEMENTS FROM 3/25 PERSONNEL

1. On 28Jun05, Reporting Agent contactedtlllllllllilUSMC, for 3rd Battalion, 25th Marine Regiment(3/25), Regimental Combat Team - 2 (RCT-2), forward deployed to CampHaditha, Iraq, regarding interviewing the four Marines involved inthe shooting death of V/DOE. rovided statements that werewritten by these individuals immediately after returning to camp fromthe incident scene. RA then attempted to individually interview thefour Marines, however on the advice of legal counsel, invoked theirrights to silence, and requested their written statements stand inplace of oral testimony.

2. USMC, Weapons Company (WPNS), 3/25,provided his written statement, a rough sketch of the death scene andhis initialed rights advisement formi Enclosure (A) pertains. In hisstatement,tllllindicated his four-man unit was advising Iraqi ArmyForces (IAF) on vehicle checkpoint tactics, and positioned his fourman unit 100-150 meters off the roadway to observe. IAF stopped amaroon Opal carrying four Military-aged Arab Males (MAM) andconducted a search of the vehicle and its occupants. Falseidentification and Syrian accents provided a reason for detention,and during questioning, one admitted to being Syrian. As he waspl)y,sic,,1lydetained,he brQke free "nd ran back toward the roadway.Il\.F," and the: Marines <all yelled, "Stop or I will shoot", to no avail,so'rAF initially engaged unsuccessfully, and .....gave the order forthe Marines to engage and he fell just past the vehicle.

3. USMC, WPNS 3/25, provided his writtenstatement and his initialed rights advisement form; Enclosure (B)pertains. stated after the Op~l was pulled over and the MAMswere determined to be Syrians, (infra) was interviewingone through an interpreter, and this MAM got away from him runningtowards Main Supply Route Bronze. Verbal commands were given for theMAM to stop, however he ran past the other 3 detainees, and IAFopened fire, but missed. fired two rounds, then •••••stated he fired from his turret position with the 240 Gulf, a 7.62mmautomatic rifle, and the MAM fell down and died.

4. USMC, WPNS 3/25, provided his writtenstatement and his initialed rights advisement form; Enclosure (C)pertains.~tated they were providing over watch at vehiclecheckpoint~Fand the interpreter, when a car wasstopped with four (4) MAMs who displayed numerous discrepancies.During further question, one of the MAMs indicated he was Syrian, so~"~forcefully grabbed this detainee to escort him to get the

restraints, and this detainee began wiggling to get free and escaped

o~m

o~m

FOR OFFICIAL; ONLYPage 1 ,

WARNINGTHIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE

CONTENTS MAY BEOISCLOSED ON.Y TO I'fRSONS WHOSE OFFICIAL DlITlES REQUIRE ACCESS Q~'r nHERETO. CONTENTS MAY NOTBEDISClOSED TO THEPARTYISI ceNCER \(!AUTHORIZATION FROM THENAVALCRIMINAL INVESTIGATIVE SERVICE.

t:VUIDIT I. \

19329

26JUN05-MEBJ-0378-7~',)}

(""", (~SUBJ: I/II MEF, IRAQi! DEATH OF AN UNIDENTIFIED DETAiNEE ESCAPEE


his grasp. He was given verbal commands to stop or we will shoot byboth Marines and lAF, however when he continued running, they werecleared by their vehicle commander to engage. stated he shot2 rounds trom his M-16 and shot about 10 rounds from the240G.

5. USMC, WPNS 3/25, provided his writtenstatement and his initialed rights advisement form; Enclosure (0)pertains. tated the vehicle was driving erratically whenit approached and was stopped and searched by IAF. The interpretercalled us over to help with questioning of the MAM occupants, andafter about 10 minutes, one of them admitted he was Syrian.forcefully escorted him off to the side; however he broke free of

grasp and bolted for the road. and yelled,IIAGOFF" a few times and the lAF yelled something in Arabic, but afterhe ran past his friends and the vehicle, all three IAF opened fire.

S then gave the order to fire, ani shot with his M-16and fired with the vehicle mounted 240G.

ENCLOSURE(S)(A) Statement, Rights Advisement and Sketch '6JUN05

(B) Statement and Rights Advisement from· iiiiiii!!I/~2~6JUN05(C) Statement and Rights Advisement from /26JUN05(D) Statement and Rights Advisement from 6JUN05

REPORTED BY:OFFICE:

FOROFFICIAPage 2

SPECIAL AGENTNCISRU AL ASAD AIRBASE, IRAQ

WARNINGTHIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INV~STtGATIVE SERVICE ~.

CONTENTS MAY BE DISCLOSED ONLY TO PeRSONS WHOSE OFAClAl DUTIES ReQUIREACCESS,U.HERETO.CONTENTS MAY NOT BE DISCLOSEO TO THE PARTYISI CONCERNED WITHOUT SPECIFIC ...;; ,'-'

AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE. U .19330



Page(s)~~- 2"5(0) £.ad (Q\ -Cb\ ~74 b~C.."...:..\ ...1--)--------

withheld entirely at this location. One or more ofthe following explain thisdecision: .

__-,Deleted under exemptionfs) ~ ,.__--

/' Documents originated with other government agency(ies).Referred for review and direct response to you.

___"Pages contain information furnished by other governmentagencyfies), We will advise you ofreleasability of informationfollowing consultation with agency(ies).

Comments: \ 0'" ~Olcnd~ ~'ArQ Q _

_ ---==l=\-'--~ \~ 9rrpoO 'dJ'£!=AQ:j~PY=CR I

~\ o.%,-Too\± ~O. \ .~.

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19331

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U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICEINVESTIGATIVE ACTION 03JUL05



ACQUISITION OF IRAQI MINISTRY OF HEALTH DOCUMENT

1. On 28Jun05, Reporting Agent (RAJ received documentation from theIraqi Ministry of Health, Coronary Department, regarding the postmortem examination of an unidentified Military-aged Arab Male (MAM),killed on 26Jun05, while attempting to flee from a U.S. Marine andIraqi Armed Forces vehicle check point; Enclosure (A) pertains.Ambulatory Services attached to Hadithah Iraqi Hospital were notifiedof the incident and dispatched to the vicinity of Al Haqlaniya, l5kmsouth of Haditha Dam, to retrieve the body. The body was then takenback to Hadithah Hospital to be processed for burial.

2. The documentation provided by Hadithah Hospital was written inArabic, therefore RA contacted ¢d , a CalNet (Titan Corp)Category II Arabic Linguist assigned to the Intelligence Shop for 2ndMarine Air Wing, Al Asad Airbase, Iraq, who provided a sworntranslation of the docu nt; Enclosure (B) pertains. tatedthe document was from Iraqi Coronary Doctor,who performed the post mortem examination, and detected one ovalentry wound in the back and subsequent exit wound in the left chestarea. There was also an oval wound on the left shoulder. Nodetermination was provided as to the identity of the victim or causeand manner of death.

ENCLOSURE(A) Iraqi Ministry of Health, First Coronary Report/Undated(B) Sworn Translation of Ministry of Health Document/02Jul05

REPORTED BY:OFFICE:

tI PECIAL AGENTNCISRU AL ASAD AIRBASE, IRAQ

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1/11 MEF, IRAQ/DEATH OF UNIDENTIFIED DETAINEE ESCAPEE

VEHICLE CHECK POINT DEATH SCENE EXAMINATION

NOTIFICATION:

1. On 26Jun05, (SSA) aval Criminal InvestigativeService Field Office (NCISFO), Middle East (MEBJ), temporarilyassigned to Camp Fallujah, Iraq, contacted Reporting Agent (RA)regarding the death of a Military-aged Arab Male (MAM) of unknownidentity. The death occurred on Main Supply Route Bronze, near thecity of Al Haqlaniyah, at Vehicle Checkpoint #9, 15km south ofHaditha Dam. The death occurred when a MAM of Syrian Descent, waskilled while attempting to escape U.S. Marine and Iraqi Armed Forces'custody.

2. SSA advised he would need the assistance of the Al AsadResident Unit to conduct a death investigation, including the DeathScene Examination (DSE), as the accident occurred in the NCISRU AlAsad Area of Responsibility.

DEATH SCENE EXAMINATION OVERVIEW:

3. The Scope of this examination was limited to a description of theincident scene and documentation, including scene diagram and scenephotography.

4. At approximately 0700, on 29Jun05, RA traveled via armored patrolto the jncident scene an MSB Bronze. which ;$ locat@Q a~~~'mmaa~t~e~l~Jr'------

15km south of Haditha Dam, near the city of Al Haqlaniyah, Iraq. Dueto the hostile area around VCP-9, urgency was paramount. It wasreported this area was prone to Indirect Fire and small armsambushes. For this reason, the 3/25 Regimental Combat Team (RCT-2)established a security perimeter prior to the scene examination.Upon arrival, preparation was made for the DSE, which involvedsurveying the scene, marking any evidentiary items, and determining aplan of action.

5. As background, on 26Jun05, U.S. Marines from 3rd Battalion, 25thMarine Regiment (3/25) and 2-4-1 Iraqi Armed Forces (IAF) , forwarddeployed to Camp Haditha, Iraq, were manning a stationary vehiclecheckpoint 3km south of Al Haqlaniyah, Iraq, on Main Supply RouteBronze. IAF observed a maroon Opel carrying four (4) MAMsapproaching the VCP, so they stopped and searched the vehicle andoccupants. False Iraqi Identification and Syrian accents providedreason to detain and question these individuals, therefore they weremoved approximately 100-150 meters from the road surface where theMarines were providing over watch. IAF and Marine personnelinterviewed the MAMs, via an Interpreter. One of the MAMs admitted

EXHIBIT (3 ) .

FOR OFFICIAL USE 0Page 1

WARNINGTHIS DOCUMENT IS THE PROPERTY F THE NAVAL CRIMINAlINVESTIGATlVE SERVICE

CONTENTS MAY BEDISClOSEDONLYTO PERSONS WHOSEOFACIALDUTIES REQUIRE ACCESS

HERETO. CONTENTS MAY NOT BEDISCLOSED TO THE PARTY/51 CONCERNED WITHOUT SPECIFIC

AUTHORIZATION FROMTHE NAVALCRIMINALINVESTIGATIVE SERVICE.19334

09JUN05-MEBJ-0328-7H' ~

SUBJ: 1/11 MEF, IRAQI/DEATH OF UNIDENTIFIED DETAINE~ ESCAPEE


to being a Syrian National, and possibly a Foreign Fighter in thecountry for Jihad. Marine Forces separated this individual,intending to place him in" restraints, however he broke free from theMarine's grasp and ran toward the road. He was told by both Marinesand IAF to stop or they will shoot, however he did not stop.Witnesses indicated IAF initially fired with their AK-47 Assaultrifles, however missed. 3/25 members then engaged with M-16 roundsand the vehicle mounted 240 Gulf. The other three MAMs were detainedand taken to Camp Haditha for interrogation. An Ambulance from alocal Haditha Hospital recovered the deceased MAM the followingmorning.

6. At 0730, 29JunOS, RA completed a brief scene survey, thencompleted the scene sketch, measurements and photography. There wereno items of evidentiary value for collection purposes.

DEATH SCENE DESCRIPTION

7. The death scene was found to be located on MSR Bronze,approximately 1.Skm north of MSR Phoenix, and 3.Skm south of the cityof Al Haqlaniyah, Iraq. As this was the death of a civilian ThirdCountry National, while under U.S. Marine control, under other thancombat-related circumstances, the investigation, including the deathscene examination was deemed to be NelS jurisdiction for lawenforcement purposes.

8. RA noted that this portion of MSR Bronze, was an "S" shaped'~~urving stretch of roadway, with side roads leading to Al Haqlaniyah0~nd ASR Uranium .. At approximately 87 meters west of the roadK~urface, several 50-caliber shell casings were observed on the ground./~s~_markers:~... At approximately 22_8 .meters west .of .the road-sur-face··

was indications of a blood pool soaked into the dirt, where the'Syrian fel 1 and subsequently died after fleeing and };)g.i.t=lg eBgaged

with deadly force. The surrounding area was flat and unremarkablewith small abandoned brick shacks approximately lkm to the west.There were buildings, but no inhabitants visible in the surroundinglandscape. Additional measurements were documented on the DSESketch; Enclosure (A) pertains.

9. Photographic coverage, afforded this incident by RA will bereported via separate cover.

PHYSICAL EVIDENCE DOCUMENTATION:

10. There was no collectable physical evidence at the scenepertinent to this investigation. There were SOcal shells at thescene, evidence of a previous combat encounter at his scene.

WEATHER CONDITIONS:

11. Weather conditions for 29JunOS, listed infra, were obtained forAl Asad, Iraq.

FOR OFFICIALPage 2


CONTENTS MAY asDISCLOSED ONLYTO PERSONS WHOSEOFFICIAL OUTIES REOUIRE ACCESS ~

HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTYISICONCERNED WITHOllT SPECIFIC <:,..: ..AUTHORIZATION FROMTHENAVAL CRIMINAL INVESTIGATIVE SERVICE. U19335

09JUNOS-MEBJ-0328-71J' ~

~SUBJ: III! MEF, lRAQ,!/DEATH OF UNIDENTIFIED DETAINE~ ESCAPEE


Date Reported:Report Time:Temperature:Dew Point:Visibility:Barometric Pressure:Wind Speed:Conditions:Clouds:

LIGHTING CONDITIONS:

28Jun050730 Dubai113 Degrees Fahrenheit,52 Degrees Fahrenheit4-5 statute miles29.67 inches of mercuryNW 8-12 Knots gusting to 25 knotsBlowing widespread, Dust, HazeSky Clear

12. The following astronomical data was obtained from the UnitedStates Naval Observatory, Astronomical Applications Department.Information was obtained for Haditha, Iraq for the period of 29Jun05.All times are for Dubai Daylight Times.

Wednesday29 June 2005 Universal Time + 4

SUNBegin Civil TwilightSunriseSun Trans-itSunsetEnd civil Twilight

MOONMoonsetMoonrise

.. M()9.n.. t r ansi, tMoonsetMoonrise

05340609134721242159

1324 on previous day0140

.... 080L1435..020] OIL fo] J QW; ng day

ENCLOSURE(Al Escaped Detainee Death Scene Sketch/29Jun05

REPORTED BY:OFFICE:

.........1111' SPECIAL AGENTNCISRU AL ASAD, IRAQ

SEONLY$ST & V2 LNN

WARNINGTHIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAl INVESTIGATIVE SERVICE

CONTENTS MAY BEDISClOS£D ONLYTO P£RSDNS WHOSE OFFICIAL DUTIES R£QUIR£ACCESS /}.-..

HERETO. CONTENTS MAY NOT B£ DISCLOSEO TO THE PARTYISICONCE~EO WITHOlIT SPECifiC /' 1.. ' /AUTHORIZATION FROMTHENAVAL CRIMlNAllNVESTIGATlVE SERVICE. ~ \..P19336

VCP-9Death SceneSketch29JUN05

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CONTROL: 09JUN05-MEBJ-032B-7HMA


PHOTOGRAPHIC COVERAGE OF DEATH SCENE EXAMINATION

1. On 29JunOS, a Death Scene Examination was conducted at VehicleCheckpoint 9 on Main Supply Route Bronze, in the vicinity of AlHaqlaniyah, Iraq, the location where a Syrian Detainee was killedwhile attempting to flee from U.3. Marines and Iraqi Armed Forces'control. ~hotographic coverage was conducted to visually documentthe condition of the scene at the time of the incident. Photographswere taken utilizing a Sony Cyber-shot DSC-P93VX Digital Camera.Aperture, shutter speed and flash settings were set to automatic.The photographic images were saved on the camera's internal memorycard and then transferred to a secure computer hard drive. All ofthe photographic images were then saved onto a non-rewriteablecompact disk, which is contained within the case notes of thisinvestigation.

2. The following photographs are presented as scene documentation:

PHOTOGRAPH DESCRIPTION

50 caliber shell casings and shoeMidrange - Blood stain in dirtClose-up - Blood stain in dirt

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- East toward MSR BronzeNortheastNorthNorthwestWestSouthwestSouth

OverallOverallOverallOverallOverallOverallOverallOueral]

9.10.11.

NO.i .2.3.4.5.6.7.8

ENCLOSURE(S)(A) Photographs I-II/UNDATED

REPORTED BY: PECIAL AGENTOFFICE: NCISRU AL ASAD, IRAQ

Page 1

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19347

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U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICEINVESTIGATIVE ACTION 07JULOS

CONTROL: 26JUNOS-MEBJ-0378-7HMA


RESULTS OF RETRIEVAL OF BODY AND INTERVIEW OF AMBULANCE DRIVER

1. On 28JunOS, the body of an unidentified detainee was retrievedfrom Camp Haditha, Iraq. Per prior arrangement, the body was drivenfrom Haditha Hospital to Camp Haditha by ambulance, inspected forexplosive devices by 8TH ENGINEERING SUPPORTBATTALION, Camp Haditha, and turned over to Reporting Agent.

2. The ambulance driver, (NFl) was interviewedwith the aid of Lrrt.e r'p.r e t e i (NFl) . provided that he wasalso the ambulance driver who brought the body to Haditha Hospitalinitially. dsaid that on 26JunOS, the Marines called HadithaHospital and reported there was a body in the street for pick-up .

....IiISrstated he could not find the body on 26JunoS.

3. recalled that the Marines called again on 27JunOS, andaccompanied him to the body. said he brought the body toHaditha Hospital.

4. indicated many people came to look at the body in an effortto identify it stated that Haditha Hospital personnel calledpeople in the towns of Rawah and Anah to come view the body as well,but nobody could identify it. said that it is unusual for abody not to be identified.

5 related that on 28JunOS, the body was washed and preparedfor burial. Nobody had yet come to claim it, and the Marines calledthe hospital to say they wanted it brought to Camp Haditha.

6. The body was transported by convoy to Al Asad Airbase Iraq andturned over to Mortuary Affairs .

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REPORTED BY:OFFICE:

...............,Special AgentNCIS Det ~l Asad Iraq

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EXHIBIT (519348

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U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICEINVESTIGATIVE ACTION 08JUL05



PHOTOGRAPHIC COVERAGE OF DETAINEE BY MORTUARY AFFAIRS

1. On 28Jun05, SA (infra) received the remains of anunidentified Syrian detainee killed on 26Jun05 at Vehicle Checkpoint9 on Main Supply Route Bronze, in the vicinity of Al Haqlaniyah,Iraq. The remains were received at Camp Haditha, Iraq, location ofRegimental Combat Team (RCT-2), 3rd Battalion, 25th Marine Regiment.Per prior arrangement, the body was driven from Haditha Hospital, alocal Iraqi civilian hospital, to Camp Haditha by ambulance andinspected for explosives by members of the 8th Engineering SupportBattalion.

2. SA took custody of the body and via armored convoy,transported the remains to the Mortuary Affairs Detachment, Al AsadAirbase, Iraq. Mortuary Affairs, as part of their in-processingprocedures, took photographs of the body, prior to placing him in asealed container for transport to the Armed Forces Institute ofPathology in Dover, DE, for post mortem examination.

2. The following photographs taken by Mortuary Affairs are presentedas documentation:

PARTICIPANTNCIS Special Agent, NCISRU Al Asad, Iraq

ENCLOSURE(S)(A) Photographs l-4/UNDATED

NO. PHOTOGRAPH DESCRIPTION1. Syrian National - Midrange of Head2. Syrian National - Close-up of Face3. Syrian National - Midrange of Upper Body4. Syrian National - Midrange of Lower Body

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NCISRU AL ASAD, IRAQREPORTED BY:OFFICE:

USE ONLYST _ V2LNY

WARNING rTHIS DOCUMENT IS THEPROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE/;.,"-6CONTeNTS MAYBE OI$Q.OSEOOM..Y TO PERSONS WHose OFFICIAL DUTIESReQUIRE ACCESS l/ 'V'HERETO. CONTENTS MAY NOTBEDISCLOSED TO THE PARTYISI CONCERMEO WITHOUTSPECIFIC l.JAUTHORIZATION FROMTHENAVALCRIMINALIN\OESTtGATIVE SERVICE.

EXHIBIT (,,)19349



withheld entirely at this location. One or more ofthe following explain thisdecision:

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/Documents originated with other government agency(ies).Referred for review and direct response to you.

___Pages contain information furnished by other governmentagency(ies). We will advise you ofreleasability of informationfollowing consultation with agency(ies).

Deleted pages(s)No duplication fee for thispage

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ACQUISITION OF MORTUARY AFFAIRS CUSTODY DOCUMENTATION

1. On 07Jul05, Reporting Agent met with USMC,Mortuary Affairs, regarding the transportation of an unidentifiedThird Country National (TCN) from Al Asad Airbase, Iraq to the ArmedForces Institute of Pathology (AFIP) in Dover, DE, for post mortemexamination. Mortuary Affairs had been storing the remains since itsarrival at Al Asad from Haditha Hospital on 28Jun05, pending itstransport to AFIP.

2. On this date a flight was secured through Marine MediumHelicopter Squadron (HMM-264) to fly the remains from Al Asad to theBaghdad International Airport (BIAP), where it would be 19aded onto aHeavy lift Cargo aircraft and flown to Dover. providedcustody documentation releasing the TeN's remains from MortuaryAffairs to NCIS; Enclosure (Al pertains, and then additionaldocumentation releasing the TCN from NCIS to HMM-264 for transport toBIAP; Enclosure (B) pertains.

REPORTED BY:OFFICE:

Remains custody document from Mortuary Affairs to

custody document from NCIS toll.........,Chie;f/Q}JUL05

II"""""II"""SPECIAL AGENTNCISRU AL ASAD AIRBASE, IRAQ

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AUTHORIZATION FROMTHENAVALCRIMINAllNVESTlGATlliE SERVice.19351

NAVAL CRIMINAL LWESTIGATIVE SERVICE


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19352

I

STATEMENT TRANSLATION

on

~ certify that the following translation is true, accurate and complete tothe best ofmy knowledge and belief. I make the following translation for Special Agent••••••••whom I know to be a representative ofthe United States Naval

Criminal Investigative Service. I make this free and voluntary translation based oninformation discussed in an interview with an Iraqi Male Citizen, SpecialAgent_and myself. This translation isre~~~ events surrounding theshooting death ofa Syrian Detainee nearHadi~

~s is the true and complete translation ofa statement provided by••••••05Jul05 a.!:roximately 2250, during an interview at the AI Asad, Iraq DetentionFacility.~

~as traveling to Baghdad with three (3) passengers in my Cab when we reached an IraqiForces Checkpoint supervised by the American Marines who were about 100 meters fromthe checkpoint. As we approached the checkpoint, my passengers asked me what wasthis (checkpoint's) aim. I told them for to search. They asked me ifit was a completesearch or not. I told them yes, they do a complete search as any regular(checkpoint~

flll'!ve reached the Point. The Iraqi Soldiers made us leave the car and they searched thecar. Then the Interpreter asked me for my ID, which I gave him. Then he asked mewhere we were going and I answered to Baghdad. Then he asked the passengers for theirID and they gave it to the Lingnist and he asked me are they with you? I said yes. Hethen asked me if I knew them. I told ~jm no, they .aremy I'lIll~engers'...,H~ told me.their .IDs were fake. He then called the Aro.ericanSolcller. Hethentaikedtll die Marine..Thenhe returned to me and asked me to follow him. He took me to the Marine. Then the'

~ldier asked me to tell him where I picked them up. I told himthe wholesto~

He then called them and started to interrogate with them. I was at this time standingclose by. The Iraqi Soldiers started beating them, which made one ofthem escape. Thearea was very open with no area for him to seek protection. The Iraqi Soldiers yelled athim Stop, Stop, Stop. Then they started shooting and he was returned dead. After this,they were handcuffed with ropes and started beating them, by this I mean the IraqiSoldiers under the American Supervision. Then more American Hummers came in.They then tied my hands also and brought me toPriSO~

, ~.S. An American Soldier (Gunner) also fired from his Humvee. Also the American's~atmentofus was much, much better than the Iraqi Soldiers.

~wear all the information above are the truth as I sa

(Signed .

19353

\

~ that tho above translationconsisting ofthis and one 0ther page, is a In" andaccurate representation ofa statement provided by filii'

Sworn to and subscribed before me, this5thdayofJuly, in the year 2005, attheAI Asad,Iraq Detention Facility.

19354

J

NAVAL CRIMINAL L"NESTIGATIVE SERVICE


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___Deleted under exemption(s) _

__-,Documents originated with other government agency(ies).Referred for review and direct response to you.

__-,Pages contain information furnished by other governmentagency(ies). We will advise you ofreleasability ofinformationfollowing consultation with agency(ies).

Comments; ---


19355


certify that I am a CalNet (Titan) CAT Il Arabic Linguist, and that thefollowing translation is true, accurate and complete to the best ofmy knowledge andbelief. I make the following translation for Special Agent '" whom Iknow to be a representative ofthe Naval Criminal Investigative Service. This is the trueand accurate translation ofa statement provided by a 2with the 2-4-1 Iraqi Armed Forces, on 07Jul05 at approximatelyllOO, during an interviewat Camp Ripperaboard AI AsadAirbase, Iraq. This transIatio~i~g: The eventssurrounding the shooting death ofa Syrian DetaineenearHadi~

davit 0 • the undersigned on the date Of26JunOY#l

waspatrolling the street betweeIlAI Haditha Street and AI Qaim, with the MarineForces. We stopped a car, the model is Opel and the color is Red. When we stopped thecar, we looked inside it, and found four persons including the driver, We asked for ill'sand while we were asking for ill's we found out that their accents were not Iraqi accents.They were Syrian Accents. They were carrying Iraqi passports, and we found out thatthey are not legal passports. We doubted the persons and we gave the passports to theMarines, and they took them for interrogation and we brought them with their cartowards the Marines, and the Marines said, Interrogate them. We interrogated them, butthey refused to tell the truth. Then the interpreter hit one ofthem, because he refused totalk. And we interrogated them again, and then the next time he admitted that he is ofSyrian identity. After he told the truth we tookhimto sit by the Marines and we wentand startedint!<m>~the otl~e~XiPu!:inS t~time., the,man.~howas near the Marinesran away, then the Marines 849thiliian4 then w¢ started shooting with the Marines andhe was dead immediately. The rest ofthe people, they didn't tell the truth, so theinterpreter came and told me to "kill them". That is what the Marines said, "To Killthem". I asked the interpreter why should I kill them, because ifwe interrogate them, wewill have more information; Then the: interpreter decided we will interrogate them firstThen we took them into the Humvee, .and we went to the Marine's Headquarters. On theway, one ofthe people wanted to throw himselfout ofthe car, but we didn't let thishappen. During that time, there wasa cigarette in theinterpretet~.0 and it flew outand landed on the neck and arm ofthe cab driver ofthe captured......

Name:•••••••Date: 07July2005Signature underneath

Witness:Agent:

EXHIBIT <'t)19356

\.

I certifythat the abovetranslationconsistingofthis and one otherpage, is a true andaccurate representation ofthe Statementprovided by••••••••

Signature

Swornto and subscribed beforeme, this 14th dayofJuly, in the year2005 at Building.104, NelS, AI Asad Airbase, Iraq.

Witness Representative, Naval Criminal InvAUfHORITY:Daived IiomArticle(10 U.S.C. 936)and S U.S.C.303

19357



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Comments: ....,- _


19358


certify that I am a CaINet(Titan) CAT IIArabic Linguist, and that thefollowing translationis true, accurate and completeto the best ofmy knowledge andbelief. I make the followingtranslationfor SpecialAgent whomIknowto be a representativeofthe Naval CriminalInvestigative Service. This is the trueand accurate translation ofa statementprovidedby a Soldierwith the 2-4-1 Iraqi Armed Forces,on 07Jul05at approximately1100,dwing an interviewat CampRipperaboard AI Asad Airbase,Iraq. This translation.'s . g: The events

~,mding the shooting deathofa SyrianDetaineenear Hadi

e undersigned, say in my affidaviton the day of26Jun05.. en I was patrolling with the Marines, on the road ofHaditha and Baghdadi, a redOpel

cametowardus, and was carryingfour passengers, includingthe driver. We stoppeditfor searching. When we startedsearching, we foundthat threepassengers, were carryingIraqipassports, that were false passports. Thenwe took them down fromtheir car forinvestigation. At the beginning, they deniedthat they are not Iraqis,and they are goingtoBaghdad to the University. After investigation with them, one ofthem admittedthat theyare not Iraqi,but Syrians. After that, one ofthe Marinescame, and took the person, whoadmitted thathe is not Iraqi, away fromthe other Syrians,and we started investigatingwith the others. We were surprised to see that the person whohad admittedto beingSyrian, ran away on foot, and we told him to stop three of four times, and also theMarines told him to stop about four times, but henever stopped. Then we and theMarinesstartedshooting at him, and we didn't see him fall down. Thenthe Marineonthe Humvee shot him one shot and he died immediately. We took the test ofthem to theHumvee and we took them with the Marine~ forinVestigati~

Signed:Signature underneath

WitnesS:"Agent:

I certifythat the above translationconsisting ofthis and no otheraccuraterepresentationofthe Statementprovided b

Signature

Repn:sen18live, Naval Criminallnvesli "AU1HORITY: Derived fromArticle136 the UCMJ.(10 U.S.C. 936)and SU.S.C. 303

Witness

Swomto and subscribedbeforeme, this 14th dayofJuly, in the year 2005at Building104,NCIS,AIAsad Airbase, Iraq.

EXHIB/!(D>19359

NAVALCRIMINAL INVESTIGATIVE SERVICE


Page{s) Eq)7. C1v~ SRP-hA-n.9d6 ,t. eP:{--fGgt< eq2-withheld entirely at this location. One or more of the following explain thisdecision:

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o

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Comments:--------------------


19360


Witness:Agent:

Signed;'Signed underneath

certify that I am a CaINet (Titan) CAT II Arabic Linguist, and that thefollowing translation is true, accurate and complete to the bestofmy knowledge andbelief. I make the following translation for Special Agent ~hom Iknow to be a representative of the Naval Criminal Investigative Service. This is the trueand accurate translation ofa statement provided by a Soldierwith the 2-4-1 Iraqi Anned Forces, on 07Jul05 at approximatelyll00, dwing an interviewat Camp Ripper aboard AI Asad Airbase, Iraq. This translatio~,-~.iiIiIIiIIiii:The events

~lmding the shooting death ofa Syrian Detainee nearHadi~

e undersigned, admit the day of26Jun05, when I waspatrolling the road between Haditha to Iraq, we saw a red Opel car coming toward us.We stopped it for search. Inside the car was four people including the driver. Afterinvestigating we .found that. they-had false Iraqi identification. When we asked them whothey were they refused to answer. Then we took them across the street for about 50meters to investigate with them. One ofthem admitted that he was Syrian and heranaway. By this time, the Marines wereinvestigating with the other persons, and we toldthem to stop three times, and hedidn't stop, so we all firedat him, and we shot him dead.Then we took the ofthem in the Humvee with the Marines, to jail for furtherinvestigati

I certify that the above translation consisting ofthis and no others, is a true and accuraterepresentation ofthe Statement provided by

Repn:sen1lllive, NavalCriminallnvestiAUlHORITY:Derived ftom Article13(10 U.S.C. 936) lIIId 5 U.S.C. 303

b~v

Witness

Sworn to and subscribed before me, this 14th day ofJuly, in the year 2005 at Building104, NCIS, AI Asad Airbase,lraq.

~H\8\ll'p19361



Page(s) t9f:) OeralN) 5AD;f-oQ<11 0<1 '£ eP-6-----IF%' ecr~ _withheld entirely at this location. One or more ofthe following explain thisdecision:

___.Deletedunder exemption(s), _

__~Documentsoriginated with other government agency(ies).Referred for review and direct response to you.

__-,Pages contain information furnished by other governmentagency(ies). We will advise you ofreleasabiIity ofinformationfollowing consultation with agency(ies).

Comments:. _


19362


~ certify that I am a CalNet (Titan) CAT IT Arabic Linguist, and that the~ollowing translation is true, accurate and complete to the~edge and

belief. I make the following translation for SpecialAgen~whomIknow to be a representative ofthe Naval Criminal Investigative Service. This is the trueand accurate translation ofa statement provided by on13Jul05, during an interview at the Detention Facility aboard AI Asad Airbase, Iraq. Thistranslatio~~~:The events surrounding the shooting death ofa Syrian Detainee

nearHadi........

the name ofGod the mostmerc~en I was on the road, I was stopped by a checkpoint and they asked from us our

dentitication, and we gave them our personalID's, and then they said these ID's arephony. Then they yelled at us and the Iraqi Police beat us. After that, Abu BASIDR ranaway towards the road. One ofthe Marines said something in English, and I didn't~Then the Iraqi Police started shooting at him, there were two ofthem.--.m>m Syria, from the provinceo!~~methim in Ar Rutbah, and Ialso met with Abu BASIDR who is from ArRut~

NOTIllNG FOLLOWS

I certify that the above translation consisting ofthis and no others is a true and accuraterepresentation ofthe Statement provided by••••••••••

~

Sworn to and subscribed before me, this 14m day ofJuly in the year 2005 at Building104, NCIS, Al Asad Airbase, Iraq.

Witness Repn:sentalive, NavalCriminal invAUTIIORITY: Derived fromArticle13(10 U.S.C. 936)andS U.S.C. 303

19363


DELETEDPAGE~ORMATIONSHEET

Page(s) Eq7 /Sw-a..Jry0 ~±ora DAn 't 6l{-fQ~ et1lpwithheld entirely at this location. One or more ofthe following explain thisdecision: '

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Comments:'---------------------


19364


Investigative Notes TITLE:

CCN:

MADE BY: MADE AT: DATE: TIME:

,-., /,\'"Frclf'l ·OV.~-.

,~_ In ...... /1,

19365

PREVIEW OF 52093127RT( J IN: SSD #17094 OUT: TEMPLAT; '-'.:1 62

//23B/BJ//

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICEINVESTIGATIVE ACTION l7JUL05



RECEIPT OF PRELIMINARY AUTOPSY REPORT FROM AFIP

1. On l5Jul05, Reporting Agent received documentation from the ArmedForces Institute of Pathology (AFIP), regarding the post mortemexamination of the unidentified Syrian National, killed while fleeingthe custody of U.S. Marines and Ira . Armed Forces at a vehicle checkpoint near Haditha, Iraq. MC USNR, AssociateMe~ical Examiner, and Df Me USN, DeputyMedical Exarniner, performed the autopsy on the remains and determinedthe cause and manner bf death as multiple gunshot wounds andhomicide, respectively; Enclosure (A) pertains.

2. £ and iscovered two gunshot wounds to the back,one exiting the left side of the chest and other exiting above theleft clavicle. No bullets or fragments were recovered and there wasno sbot or stippling present r ruling out close contact wounds. Therewer,e also no' Lndtcat.Lorrs. of natural disease or medical treatmentadmfrii'stered, and.f-the r~mains were in a moderate to severe state ofdecompcsLtion ~

ENCLOSURE(A) AFIP Preliminary Autopsy Report. #ME05-630/09JUL05

,

REPORTED BY:OFfICE:

_...._._.._II1II. SPECIAL AGENTNCISRU AL ASAD AIRBASE, IRAQ

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CONTENTSMAY BEDiSClOSEDONLYTO PERSONS WHOSEOFFICIAl.DUTIESREQUIRE ACCESS 0-:':4HERETO. CONTENTS MAY NOTBEDISCLOSED TO THEPARTY!S) CONCERNED WITHOUTSPECIFIC :, .- '-

AUTHORIZATION FROMTHENAVALCRIMINAL INVESTIGATIVE SERVICE.19366



Page(s) E /00-

~b4----,---<.\)'----------withheld entirely at this location. One or more of the following explain thisdecision:

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__---'Pages contain information furnished by other governmentagency(ies). We will advise you ofreleasability of informationfollowing consultation with agency(ies).

Comments: w-_ OvvD\ad ~,.,.C",,",ptQ _

~

I

Deleted pages(s)No duplication fee for this page

19367

PREVIEW OF 52091759SP, J IN: SSD #17094 OUT: TEMPLAT; ..1621123B/BJII .U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE



1/11 MEF, lRAQ/DEATH OF AN UNIDENTIFIED DETAINEE ESCAPEE

1. On 24Jul05, Reporting Agent contacted tllIlIlIlIlIlIlIlIITitan Corporation, Al Asad, Iraq, regarding the location of

the Linguist assigned to Regimental Combat Team (RCT-2)forward deployed to Camp Haditha, Iraq. As background, wasembedded with units from 3rd Battalion, 25th Marine Regiment (3/25)and Iraqi Armed Forces on 26Jun05, at a vehicle check point near AlHaqlaniyah, Iraq, where an unidentified Syrian National was killedwhile attempting to escape. Efforts have been made to contact

118 for an interview.

ACQUISITION OF TITAN CORP DOCUMENTS REGARDING LINGUIST

2. provided documentation relating an Improvised ExplosiveDevice (lED) attack on l5Jul05 in the vicinity of Hit, Iraq whereinmembers of a patrol, including were injured and requiredmedical evacuation to a coalition medical facility; Enclosure (A)pertains. Subsequently, was flown to Baghdad, Iraq, hishometown, so he could recover with his family from apparent shrapnelwounds.

ENCLOSURE(A) INCIDENT STATEMENT IN CASE OF ••••••r(W-4235)

REPORTED BY:OFFICE: .

SPECIAL AGENTNCISRU AL ASAD AIRBASE, IRAQ

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SEONLYLAST _ V2LNY

WARNINGTHIS DOCUMENTIS THE PROPERlY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICECONTENTS MAY BEDISClOSED ONlY TO PERSONS WHOSE OFRClAl DUTIES REQUIRE ACCESS ,,..-..:.....1HERETO. CONTENTS MAY NOT BEDISClOSEDTO THEPARTY(51 CONCERNEf' ••-.""........... ,...",. /t. \\.YAUTHORIZATION FROMTHENAVALCRIMINAL INVESTIGATIVE SERVICE. f::; \19368

)



withheld entirely at this location. One or more ofthe following explain thisdecision: .

_-,---,Deleted under exemption(s) _

/Documents originated with other government agency(ies).Referred for review and direct response to you.

_----'Pages contain information furnished by other governmentagency(ies). We will advise you ofreleasability of informationfollowing consultation with agency(ies).

Comments: \-;" ~O\,~ G.eno.cn Q _

_ --:.==I=L~':1Y\Gcf \~ 4~I1.oO'dJ'O'iQ~mrCRJ

C11:bk\ O¥o&-± ~O. \ .~.eSC 8Q1' 2 OO...:..o;ID~ _

Y¥\c6 ~r J, O~q!l~R J >J C2RS4-2.. - on go


19369

48147 00:41 20050803 - JSDEMAIL #27839 OUT:23EXLIF)?3865

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICEREPORT OF INVESTIGATION (CHANGE)

DEATH (II)



26JUL05


MADE AT/MEBJ/AL ASAD AIRBASE IZ/••••••••.,:SPECIAL AGENT

REFERENCE(Al NCISFO Middle East ROI (OPENl/28JUN05/I/II MEF, IRAQ/DEATH OF AN

UNIDENTIFIED DETAINEE ESCAPEE

NARRATIVE1. Subsequent to the submission of reference (Al, efforts were madeto positively identify the unidentified Syrian National, killed at avehicle checkpoint near Al Haqlaniyah, Iraq; however, those effortshave yielded negative results. Consequently, the title of captionedinvestigation has been changed to reflect V/DOE as the victim.

ACTION0023B: Please change the NI Title as reflected above.

DISTRIBUTIONNCISHQ: 0023BACTION: 0023BINFO: MEBJ

SEONLYST _ V2LNY

WARNINGTHIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE .. ~CONltNTS MAYBEDl5a.OSED ON-VTO PERSONS WHOSE OFFICIAL DUnESREQUIRE ACass r: .HERETO. CONTENTS MAY NOT BEOISa.OSEDTO THEPAATYISICONCERNED WITHOUTSPEClRe /Lff?

AUTHORIZATION FROM THE NAVAL CRIMINAlINVESTIGAnVE SCRVlCE. ~ '.19370

47825 14:45 20050802 . ~SDEMAIL *27728 OUT:23EXLIF'~3784

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICEREPORT OF INVESTIGATION (ACTION)

DEATH (II)

01AUG05

CONTROL: 26JQN05-MEBJ-0378-7HMA



MADE AT/0023/NCISHQ WASHINGTON Dc/tlIlIlIlIlIlIlIlIltPECIAL AGENT

REFERENCE(A) MEBJ ROI (ACTION)/07JUL05

EXHIBIT(1) IA: Results of Autopsy/14JUL05 •.. (Orig MEBJ/Copy all)

NARRATIVE1. In accordance with lead tasking set forth. in reference (A), on09JUL05, Participating Agent attended the autopsyof an unidentified detainee at the Charles C. Carson Center forMortuary Affairs, Dover Air Force Base, DE. The autopsy wasconducted by MC USNR, Associate MedicalExaminer, and MC USN, Deputy MedicalExaminer, Office of the Arrne Forces Medical Examiner. Drs. LUZI andROBINSON listed the cause of death as multiple gunshot wounds and themanner of death as homicide. No bullets or bullet fragments wererecovered during the autopsy. All lead tasking will be completed by0023B. Lead tasking is pending receipt of the final autopsy report.

P,MTICIPANT.Special Agent, NCISHQ Washington, DC (AFIP)

DISTRIBUTIONNCISHQ: 0023 (H)INFO: DCWA/MEBJ (M)

WARNINGTHIS DOCUMENT IS THEPROPERTY OFTHE NAVALCRIMINAl. INVESTIGATIVE SERVICE /CONl'ENTS MAYBEDISCLOSED OM-VTQP£ASONS WHOSE OFflCIAL DUTIES REQUIRE ACCESS .. ,,-~ ~

HERETO. CONTENTS MAYNOTBEDI8Q.OSED TOTHEPARTYISI CONCERNED WITHOUT SPEClRC (5". ,OVAUTHORlZA110N FROM THENAVALCRIMINAL INVESTIGATIVE SERVICE. V' ,19371

30010 07:10 20050713 J-~DEMAIL *22621 OUT:23EXLIFF ~637

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICEREPORT OF INVESTIGATION (ACTION) 07JUL05




MADE AT/MEBJ/AL ASAD AIRBASE IZ•••• PECIAL AGENT

NARRATIVE1. On 26JUN05, JAGC USMC, Senior SJA, IIMarine Expeditionary Forces (MEF) , Camp Fa11ujah, Iraq (IZ),requested investigative assistance regarding the death of anunidentified detainee escapee. As background, at 0930, 26JUN05,members of the 3rd Battalion 25th Marine Regiment (3/25) and membersof the 2-4-1 Iraqi Armed Forces (IAF) were manning stationary vehiclecheck point - 9 (SVCP-9) 15krn South of Haditha Dam, when a maroonOpel carrying four (4) unknown/unidentified Middle Eastern males wasstopped and searched. The four (4) males were taken aside andquestioned with an interpreter. During questioning, the four (4)males were found to be in possession of false identifications and one(1) of the males admitted to being a Syrian. This Syrian male wasdetained for suspicion of being a foreign fighter. At one point, theSyrian broke free from the Marine guard and attempted to flee thearea on foot; however, the IAF and Marines engaged the detainee withdeadly force to prevent his imminent escape. It was suspected thatthis escaping detainee was killed by the initial use of deadly forceby the 2-4-1 IAF. The other three (3) males were detained and werebrought bac~ to ~adithaDarn for questioning by the HurnintExploitation Team (HET). The detainee "s remains were picked, up andtransported by an ambulance to a local Iraqi hospital in Haditha, IZ.Subsequently, the remains for acquired and transported to TemporaryMortuary Evacuation Point (TMEP) in Ba1ad, IZ awaiting transport toDover, DE for autopsy.

ACTIONR.DCWA:

4R.0023B:

Request attendance and report on autopsy of unidentifiedSyrian remains. Obtain photographs and pertinentdocumentation and forward same to MEBJ.Request follow-up with final autopsy and toxicologyreports. Obtain and forward to MEBJ.

DISTRIBUTIONNCISHQ: 0023BACTION: DCWA/0023BINFO: MEBJ

FOROFFICIAPage 1 ;tV2LNY

WARNINGTHIS DOCUMENT IS THEPROPERTY OF THE NAVALCRIMINAL INVEmGATIVE SEfMcE

CONTENTS MAY BEDlsa.osED O!«.YTO PERSONS WHOSE OFFICIAL DUTIES REOUlRE ACCESS .. .' I J"I

HERETO. CONTENTS MAYNOTBEDlSQ.OSED TO THEPARTYl!)CONCERNED WITHOUT SPEClRC r:,. \OWAU11fOFtlZATION FROM THENAVALCRIMINAL INVESTIGATIVE SERVIce. ()t\19372

18438 01:50 20050629 ! _JSDEMAIL #19409 OUT:23EXLIF·,.J6988

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICEREPORT OF INVESTIGATION (OPEN) 28JUN05




MADE AT/MEBJ/CAMP FALLUJAH IZ/ ................ SPECIAL AGENT

NARRATIVE1. On 26JUN05, JAGC USMC, Senior SJA, IIMarine Expeditionary Forces (MEF) , Camp Fallujah, Iraq (IZ),requested investigative assistance regarding the death of anunidentified detainee escapee. At approximately 0930, 26JUN05,members of the 3rd Battalion 25th Marine Regiment (3/25) and membersof the 2-4-1 Iraqi Armed Forces (IAF) were manning a stationaryvehicle check point (SVCP) l5krn South of Hadithah Dam, when a maroonOpel carrying four (4) unknown/unidentified Middle Eastern males wasstopped and searched in the vicinity of Check Point 9, 3.4krn SouthWest of Haqlaniyah on Alternate Supply Route (ASR) Bronze. The four(4) males were taken aside and questioned with an interpreter.During questioning, the four (4) males were found to be in possessionof false identifications and one (1) of the males admitted to being aSyrian. This Syrian male was detained for suspicion of being aforeign fighter. When the Syrian male was being brought back to wherethe other three (3) males were being held, he broke out of the graspof the Marine who detained him and ran away from US Marine and 2-4-1IAF forces. The US Marine and IAF forces used voice commands for theSyrian male to halt but he did not stop. I~order to prevent theimminent escape of this detainee who had fled to a distance that madeit no longer safe to chase, he was engaged with deadly force by 2-4-1IAF initially, and then by the US Marines, resulting in thisdetainee's death. It was suspected that this escaping detainee waskilled by the initial use of deadly force by the 2-4-1 IAF. The otherthree (3) males were detained and were brought back to Hadithah Darnfor questioning by Hurnint Exploitation Team (HET). The deaddetainee's body was picked up and transported by an ambulance to alocal Iraqi hospital in Hadithah, IZ.

2. This incident occurred in the area of responsibility of Camp AlAsad,IZ.

ACTION0023B14: Apprise AFIP.

DISTRIBUTIONNCISHQ: 0023B/0023B14INFO: MEBJ

WARNINGnus DOCUMENT IS ntE PROPERTYOF THE NAVAL CRIMINAllNVESnGATIVE SERVICECCNmfTS MAY BEDISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS I L/)HERETO. CONTENTS MAY NOT BEOISCLOSED TOTHE PARTYISI CONCERNED WllHOUT SPECiRe ~ i\-V (AUTHORIZATION FROM THeNAVAlCRIMINAL INVESTIGATIVE SERVICE. / ~._ \

. )19373

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