Rhino
09-13-2006, 09:59 AM
Marine Accused in Iraqi Slaying in Hamdania Won't Face Death Penalty
Wednesday, September 13, 2006
CAMP PENDLETON, Calif. — The government will not seek the death penalty for a Marine Corps corporal who is among eight troops charged with murder and other crimes in the shooting of a civilian Iraqi man, a military prosecutor told a hearing officer Tuesday.
Lance Cpl. Jerry E. Shumate Jr., 21, is accused in the killing of 52-year-old Hashim Ibrahim Awad last April in Hamdania, west of Baghdad. Shumate is suspected of firing his M-16 at Awad, then lying to investigators about what had happened, according to charging documents.
Military prosecutor Lt. Col. John Baker's recommendation against a possible death penalty for Shumate came at the conclusion of an Article 32 hearing, the equivalent of a preliminary hearing in civilian court, that was held as part of the process to decide whether Shumate will be held for a court-martial. The final decision rests with Lt. Gen. James Mattis.
An investigator who interviewed Shumate in Iraq testified that the interview was emotional, recounting how he burst into tears as he was questioned.
"He was fairly calm, but halfway through the interview he became emotional, then calm, then emotional again," said Kelly Garbo, a special agent with the Naval Criminal Investigative Service. "He was crying."'
She said Shumate spoke to her voluntarily. No force or threats were used during the questioning, Garbo testified, and Shumate was allowed to take cigarette and water breaks........http://www.foxnews.com/story/0,2933,213600,00.html
Wednesday, September 13, 2006
CAMP PENDLETON, Calif. — The government will not seek the death penalty for a Marine Corps corporal who is among eight troops charged with murder and other crimes in the shooting of a civilian Iraqi man, a military prosecutor told a hearing officer Tuesday.
Lance Cpl. Jerry E. Shumate Jr., 21, is accused in the killing of 52-year-old Hashim Ibrahim Awad last April in Hamdania, west of Baghdad. Shumate is suspected of firing his M-16 at Awad, then lying to investigators about what had happened, according to charging documents.
Military prosecutor Lt. Col. John Baker's recommendation against a possible death penalty for Shumate came at the conclusion of an Article 32 hearing, the equivalent of a preliminary hearing in civilian court, that was held as part of the process to decide whether Shumate will be held for a court-martial. The final decision rests with Lt. Gen. James Mattis.
An investigator who interviewed Shumate in Iraq testified that the interview was emotional, recounting how he burst into tears as he was questioned.
"He was fairly calm, but halfway through the interview he became emotional, then calm, then emotional again," said Kelly Garbo, a special agent with the Naval Criminal Investigative Service. "He was crying."'
She said Shumate spoke to her voluntarily. No force or threats were used during the questioning, Garbo testified, and Shumate was allowed to take cigarette and water breaks........http://www.foxnews.com/story/0,2933,213600,00.html