You may not know this, but when you threaten someone with a gun, you better be prepared to use it and for the fall out that follows. Specifically when your in the middle of nowhere and making it look like the other person is gonna die unless you get want you want.
If Behenna has to do a little prison time, it's well worth the sacrifice since he took out a murderous Iraqi bastard who killed some of our troops and no doubt if given the chance would've killed more if not Behenna himself. He's a hero and should be given an award not a long prison term, but then again this is the new America where we have new rules of engagement where the enemy has more rights than our troops.