Soldier Testifies Army Sergeant Shot Unarmed Iraqi

Team Infidel

Forum Spin Doctor
Houston Chronicle
December 12, 2007 By Angela K. Brown, Associated Press
FORT HOOD — An Army sergeant kicked and shot an Iraqi insurgent as he lay bleeding from nearly two dozen gunshot wounds, then told fellow soldiers to say the man was armed, according to testimony during a military hearing on Tuesday.
Sgt. Leonardo Trevino, 30, is charged with premeditated murder, attempted murder, assault and obstruction of justice for alleged June incidents in Muqdadiyah, Iraq.
After the Article 32 hearing, which is similar to a civilian grand jury, the investigating officer will decide if there is enough evidence to support the charges and then will recommend whether to refer Trevino to a court-martial, a military trial.
Trevino, of San Antonio, wore his Army camouflage uniform during the hearing on Tuesday and his ankles were shackled. Eight of his relatives and friends attended but declined to comment afterward.
His attorney, Richard Stevens, has said Trevino is wrongly accused. He said Tuesday that Trevino and other soldiers were upset over losing several friends who were among 10 troops killed in roadside bombings and a helicopter crash about a month earlier on Memorial Day.
Stevens said that when the hearing continues on Wednesday, he plans to present into evidence a videotape of Trevino speaking at the memorial service of one of those soldiers.
That night in June, Trevino, a squad leader, had led a "small kill team" to an area where insurgents were reportedly making improvised explosive devices, Pvt. Tristan Miller testified during the hearing on Tuesday.
The soldiers got into a gunbattle with three insurgents, killing one who had an AK-47, then went after the other two, Miller said. One got away, but they followed a trail of blood into a house where an insurgent lay crying and bleeding, Miller said.
Trevino kicked the man in the head and later shot him in the abdomen, even after Miller found no weapons under a pillow covering the man's bleeding arm, Miller said.
Miller, who acknowledged that he earlier kicked the man's hand as he grabbed at him, said the insurgent was not a threat because he was "shot to hell" from the earlier gunbattle.
"Trevino looks at us, and he said, 'I don't want this coming back on you guys,' " Miller said. " ... Trevino goes, 'The story is, the guy had a pistol. That's that.' "
Cpl. Justin Whiteman then placed a pistol by the Iraqi's body, Miller said.
Whiteman, who invoked his right not to testify when he was called as a witness on Tuesday, has been charged with dereliction of duty for failing to provide aid and with accessory to attempted premeditated murder.
Whiteman also is charged with dereliction of duty for violating a law of war after he allegedly shot the Iraqi who was already dead on the street.
"Everybody was pretty excited, taking pictures, getting the money shot," Miller said, referring to soldiers surrounding the body of the first insurgent killed.
But Reginald Graham, the platoon sergeant, said Miller and three other soldiers didn't report the incident until much later.
Graham said he didn't believe their explanation that they were scared of retaliation but believes they came forward because they disliked Trevino.
"He's outstanding," Graham said, adding that he had no concerns over Trevino's leadership style.
During questioning by Trevino's attorney, Miller said he liked Trevino "for the most part" but "I think some of the stuff he did was stupid."
When asked if he had been paying full attention to the events that night, Miller acknowledged that he felt sick and almost vomited after seeing the badly wounded insurgent.
Pvt. Christopher Heinrich, who was on security duty that night and was not inside the house, acknowledged that he didn't always like Trevino.
When Stevens asked if he had written a journal entry saying he wanted to kill Trevino with a grenade, Heinrich said he did not remember but that his writing is therapeutic and he would never hurt anyone.
Spc. John Torres has been charged with attempted premeditated murder and with dereliction of duty for failing to provide aid. Torres also invoked his right not to testify on Tuesday.
 
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