US marine jailed for Iraqi murder

Soldier sentenced to 15 years and dishonourably discharged.

    Magincalda was sentenced to time served and had his rank reduced by a military jury on Friday [AFP]
    That meant he no longer faced a mandatory life sentence but has still received the longest sentence of all the men accused in the case.
     
    Plot
     

    "[Hutchins'] failure of leadership and his failure to set an example reflected in the panel's much more severe sentence"

    Tom Umberg, retired army colonel and former military prosecutor

    Testimony from several of his comrades pointed to him as the mastermind of the plot to kidnap and kill a suspected Iraqi fighter.
     
    Tom Umberg, a retired army colonel and former military prosecutor, said the jury's sentence was characteristic of the chain-of-command mentality found in the military.
     
    "That reflects the military attitude that the person in charge is responsible for his actions and those in his command.
     
    "His failure of leadership and his failure to set an example reflected in the panel's much more severe sentence," he said.
     
    Hutchins was also convicted of conspiracy to commit murder, making a false official statement and larceny.
     
    He was acquitted of kidnapping, assault and housebreaking.
     
    Shot in a hole
     
    Testimony showed the victim was kidnapped and killed when the squad could not find the suspected fighter.
     

    Prosecutors said the Iraqi civilian was pulled from his home in April 2006 and shot in a hole.
     
    An AK-47 assault rifle and shovel were placed nearby to make him look like he was planting a bomb.
     
    The victim was initially identified as Hashim Ibrahim Awad, 52. The name, however, was dropped from charge sheets.
     
    The verdict against Hutchins came just hours after another member of the squad was sentenced to time served and reduced in rank for conspiring to murder the victim.
     
    Corporal Marshall Magincalda, who had already served 448 days in custody, was also reduced in rank to private by a separate jury.
     
    Magincalda, 24, was acquitted of murder and cleared of making a false official statement but found guilty of larceny and housebreaking.
     
    Four lower-ranking marines and a navy corpsman cut deals with prosecutors in exchange for their testimony and received sentences ranging from one to eight years in prison.
     
    A jury last month acquitted another corporal of murder but convicted him of conspiracy to commit murder and kidnapping.

    SOURCE: Agencies


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