Posted on 12/08/2004 6:38:37 PM PST by xzins
1st AD captain to face court-martial in shooting death of wounded Iraqi man
Stars and Stripes European edition, Wednesday, December 8, 2004
A 1st Armored Division officer will stand trial on a charge that he fatally shot an unarmed, wounded Iraqi man while his unit was deployed downrange.
Capt. Rogelio M. Maynulet, 29, of Chicago, now assigned to the division’s Headquarters and Headquarters Company, will be court-martialed on charges of assault with intent to commit murder and dereliction of duty, according to a 1st AD news release. He faces a maximum combined sentence of 20½ years in prison, said Maj. Michael Indovina, the 1st AD public affairs officer.
While awaiting trial, Maynulet is not in custody and has been “conducting normal duties as an officer” while his case has been under review, Indovina said.
Maynulet, who at the time of the shooting was commander of Company A, 2nd Battalion, 37th Armor Regiment, faces the charges from a May 21 incident near Kufa, Iraq.
Maynulet was leading his tank company on a patrol when they came across a BMW sedan believed to be carrying a driver for radical Shiite cleric Muqtada al-Sadr and another militiaman loyal to the cleric, whose supporters rose up against U.S. forces twice this year.
U.S. soldiers chased the vehicle and fired shots at it, wounding both the driver and passenger.
When a medic pulled the driver out of the car, it was clear he had suffered critical injuries, with part of his skull blown away, according to testimony during the Article 32 hearing.
Maynulet’s fellow officer, 1st Lt. Colin Cremin, testified that Maynulet told him he then shot the Iraqi in the base of the neck or the back of the head.
“It was something he didn’t want to do, but it was the compassionate response,” Cremin testified. “It was definitely the humane response.”
During Maynulet’s Article 32 hearing, which is similar to a civilian grand jury, the shooting was described by prosecutors as murder and by others as an “act of mercy.”
Maj. Gen. Martin Dempsey, the 1st AD commander, had received the case after the October hearing in Hanau, Germany, found that there was enough evidence for a court-martial. Dempsey decided on Monday to forward the case to a general court-martial.
Indovina said he couldn’t release the amount of time it took Dempsey to decide the case.
A judge has yet to be assigned to the case. When that happens, the judge will determine the trial dates and venue and possibly set an arraignment date.
Why don't we just make our soldiers fight with their hands cuffed and in shackles? Let's make it 'fair' so the libs are happy!!!!!
Jesus H. @##$%&$%##$@$$!!!!
Enterprise said the Cpt should have let nature take its course. He's probably right.
If you honestly believe that evacuating this guy would be futile since he was definitely going to die, and if he's clearly in great pain, then it's hard to walk away.
You can't do for a human what you can do for a dog.
COMPLETE HORSESHIT FROM SOME FRIGGING LAWYERS AT THE PENTAGON! The mans skull was partially blown away, and the man was dying. How in the hell do you charge someone with attempted murder when the terrorist was in the process of dying with a skull that had been partially blown away? If anything the officer showed compassion to a terrorist who had murder of our troops on his mind. Is there anything we can do to help this hero who is being abused by some JAG that is more like a jago##?
You're probably right, and as I see you're an ex-pounder, I'll have to give you the benefit of doubt.
It's just starting to p*ss me off with all this court martial crap all of a sudden. We're in a G*D D*MN WAR, for Chr*st's sake!!!
A pair of morphine syrettes might have done the same trick, without exposing the CAPT to a court martial.
A bullet is cheaper and faster.
My father in law, who was a Marine radioman on Iwo Jima, says they did not shoot Japs who were on fire, coming out of caves after being flamed. "Let them burn" was the prevailing sentiment.
How times change. Now a mercy killing gets you charged.
War ain't tiddly winks....folks die ---- many of them under unsavory conditions/techniques...
War should be avoided.
If unavoidable -- one must win, by ANY means necessary..
It appears there are far too many lawyers in the world...
Semper Fi
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