Posted on 04/01/2005 4:31:39 PM PST by Former Military Chick
|
 |
||
| U.S. Soldier Convicted of Killing Iraqi Walks Free Fri Apr 1, 2005 11:41 AM ET
BERLIN (Reuters) - A U.S. army tank company commander convicted of shooting dead a wounded Iraqi walked free from court on Friday, although he was dismissed from the army for what he called a "mercy killing."
Army Captain Rogelio Maynulet had faced up to 10 years in jail after a court martial at a U.S. army base in Wiesbaden, Germany, found him guilty of assault with intent to commit voluntary manslaughter.
"He was sentenced with dismissal from the United States Army ... there will be no confinement time," a military spokesman said.
Prosecutors had pressed for conviction on a more serious charge of assault with intent to commit murder, which carries a maximum 20-year jail sentence.
The shooting occurred last May when U.S. troops were pursuing suspected militiamen supporting Shi'ite cleric Moqtada al-Sadr near the Iraqi city of Najaf, the court was told.
U.S. soldiers fired on a car, wounding the driver and a passenger. Maynulet said he then shot dead the driver to put him out of his misery.
"He was in a state I didn't think was dignified. I had to put him out of his misery," Maynulet said in his defense according to U.S. military's Stars and Stripes magazine.
The jury was shown footage of the shooting filmed by a U.S. surveillance drone.
The mercy killing argument was used by the defense in the cases of two U.S. soldiers who were convicted in December and January of murdering an Iraqi.
The man suffered severe abdominal wounds and burns when U.S. troops attacked a rubbish truck they suspected guerrillas were using.
Staff Sergeant Johnny Horne was sentenced to three years in jail and Staff Sergeant Cardenas Alban to one year over the Iraqi's death.
Local Iraqis said the men on the truck were innocent rubbish collectors.
|
||
|
|
||
|
|
||
>>Sometimes you just act and hope that you are doing the right thing, ensuring your troops are safe and alive. Then you worry about the others.<<
Yeah, that's the ironic part of it. The captain probably chose to do the deed himself so that he would not expose any of his subordinates to blame if something came of it. I wonder how this would have gone down if he had ordered a junior troop to shoot the wounded insurgent or if some soldier of lesser grade dispatched the suffering man on his own initiative?
I think there is another factor to consider in the decision to prosecute. I suspect that adherence to the rules of engagement (ROE) is getting alot of emphasis because of the frustrating nature of the combat occurring in Iraq:IEDs, suicide bombers, car bombs, drive-by shootings, ambushes, snipers, etc. A war of sudden danger and little opportunity for a satisfying reply. Requiring strict obedience and punishing swiftly anyone who violates the ROE is probably one of the tools being used to keep the conduct of soldiers and Marines professional and keep a lid on alot of anger and desire for revenge on their part. It is an important consideration because once the lid is blown off and the troops feel loosely constrained or free of constraints you are on the slippery slope to a disaster built on your own troops misconduct. That is the root cause of the prisoner treatment scandal.
We generally do when there is a living will, durable power of attorney, or other clear and convincing evidence that the person wants to die if artificial means are keeping the person alive (ventilator etc.). In the Schiavo case, Michael got a million dollar payout, the bulk of which was to be used for Terri's care for the rest of her life. As soon as he got it, he suddenly recalls that she wants to die. Coincidentally, he takes up a common law wife and has two kids with her. Certainly not the same as a living will or durable power of attorney. Add in the ethical conflicts of interests of Felos and Greer, and this was not a voluntary "merciful" end to Terri's life. Final point. Starving and dehydrating someone to death is not the same as removing artificial life support.
And, due to PC bullshit, the sergeant that fragged a tentful of his fellow soldiers and officers, in Kuwait, is still wasting good oxygen. Are we all insane?
Ping appreciations.
Please, While the Officer that commited the "offense" walks, the two NCO's receive felony convictions, 3 years in Prison and no doubt will be unfavorably discharged after time served. Their lives are destroyed. You cannot argue this is justice.
The article doesn't mention it, but I bet the two NCO's were convicted of Conspiracy, by virtue of trying to cover their Captain.
This is sickening. Rank provides privilege, but also greater responsibility and ACCOUNTABILITY.
Chicaco
Red6
Chicago
Red6
You know, if he had been a tad smarter about this and had just "accidentally" run over the dying terrorist with his tank, this would be a non-issue.
BTW, where are all the other stories like this, but from the opposite side of the coin? You know. The ones where the Enemy Combatants are on trial by their own militaries for "war crimes" and not "playing by the rules" during this war? I can't believe the MSM isn't all over that like white on rice. /sarcasm
Yep. Booby-trapped or remotely detonated roadside bombs and car bombs have been a very above-board way for the majority of our soldiers to die in this war. Nothing "against the rules" there, right?
These situations INFURIATE me. Leave our soldiers alone to do their friggin' jobs, or pick up a rifle and get your @ss over there yourselves! (I'm railing at the PCers who demand these bogus "trials," not you, FMC!)
Let's see.
-Choose between MERCY KILLING with a bullet or MERCY KILLING by starving to death with no food or water for 14 days?
-Lose your career or get a movie deal?
-Kill an ennemy or kill your wife?
-Be depicted as a subhuman killer or a loving caring pain relieving hero?
-Be a soldier in combat or the darling of the Deathocrats?
Sure...tell me about Justice and fairness
PING
For those who may have missed this during the week and would like to know the outcome.
This enemy combatant was not on life support. He didn't even have a feeding tube. And he was shot.
As for me (and most Americans), even if I'm not "dying," I'd like to have the option not to require my non-congitive (or worse yet, COGNITIVE) body be left lying in a bed. Locked-in Syndrome is worse than PVS, IMHO. I don't want dehydration to be the only escape available.
You have a personal preference...wouldn't project it on "most Americans." FWIW, I have a living will. My personal preference.
Thanks...I hope things go well for him.
Do you really think anything will be reduced?
Its always a possibility. The defense is permitted to make arguments for mitigation of the sentence on behalf of the convicted NCOs. I would expect their attorneys to do so, especially since the convening authority has juridiction over both cases and in light of the seemingly harsher sentences given for lesser offenses. Whether or not the convening authority accepts their pleadings...who knows?
It is a disgrace and rather than have large public support FR has been consumed over the last month in a gigantic irrelevancy. Pitiful.
Maybe another service could take him. Marines, Air Force.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.
