Posted on 03/18/2007 8:06:42 AM PDT by RedRover
A military panel found a 101st Airborne soldier guilty of three counts of negligent homicide but not guilty of premeditated murder in the deaths of three Iraqi detainees.
Staff Sgt. Ray Girouard, 24, smiled as he hugged his defense lawyer and family members after the verdict was read. He faced up to life in prison had he been found guilty of premeditated murder.
Ron Bentley of Sweetwater said his grandson called home late Friday while the panel was deliberating and told his grandmother, Pat, “Ma, start praying for me.”
Girouard called his grandparents again about midnight and was happy with the verdict. "We are overwhelmed about it," Bently said. "He was just trying to protect his men. He had about three minutes to decide. He stood by his men. That’s what they got him on."
The panel, which deliberated for four hours, also found Girouard guilty of obstruction of justice for lying to investigators, of conspiracy for trying to conceal the crime and of failure to obey a general order.
Girouard could be sentenced to a maximum of 21 years in prison, said his lawyer, Anita Gorecki. He could get a maximum of three years for each negligent homicide charge, five years for the conspiracy charge, five years for obstruction of justice and two years for failure to obey a general order. The sentencing portion of the trial begins Monday.
This report is published with permission from The Associated Press. The Advocate & Democrat reporter Tommy Millsaps contributed to this report.
* Lawyer Says Soldier Did Not Give Order To Kill Prisoners, February 23, 2007.
* Army Commander Let His Own Men Face the Death Penalty To Hide His Own Reprimand, January 21, 2007.
U.S. soldier found guilty of negligent homicide in killing of 3 Iraqi detainees
17/03/2007
http://www.asharqalawsat.com/english/news.asp?section=1&id=8338
FORT CAMPBELL, Kentucky (AP) - A U.S. military panel found a 101st Airborne soldier guilty of three counts of negligent homicide but not guilty of premeditated murder in the deaths of three Iraqi detainees.
Staff Sgt. Ray Girouard, 24, smiled as he hugged his defense lawyer and family members after the verdict was read. He faced up to life in prison had he been found guilty of premeditated murder.
The panel, which deliberated for four hours, also found Girouard guilty of obstruction of justice for lying to investigators and of conspiracy for trying to conceal the crime and of failure to obey a general order.
Girouard could be sentenced to a maximum of 21 years in prison, said his lawyer, Anita Gorecki. He could get a maximum of three years for each negligent homicide charge, five years for the conspiracy charge, five years for obstruction of justice and two years for failure to obey a general order. The sentencing portion of the trial begins Monday.
Girouard was accused of telling his soldiers to release detainees they captured during the May 9 raid near Samarra, Iraq, and then shoot them as they fled.
Girouard is the last and most senior soldier from the 101st Airborne Division to face trial in the killings. Girouard testified during the trial that he lied to investigators about the slayings to protect his soldiers, and that he never told two of his soldiers, Spc. William Hunsaker and Pfc. Corey Clagett, to kill the detainees.
After he discovered the slayings, Girouard said, he decided to help them fake an attack, cutting Hunsaker and punching Clagett in the face, and lying to superiors by saying his soldiers shot the detainees in self-defense.
Defense attorney Anita Gorecki stressed in closing arguments Friday that Girouard did not plan the slayings and that prosecutors never provided a motive for Girouard to order the killing during the mission. Prosecutors characterized Girouard as a liar who cannot be trusted and that he only changed his story when the other soldiers agreed to make plea agreements.
Hunsaker, Clagett and another soldier, Spc. Juston Graber, have pleaded guilty to other charges. Hunsaker and Clagett testified that Girouard gave them the orders, while Graber testified that the soldiers were given an option to participate in the plan to kill the detainees.
Clagett and Hunsaker pleaded guilty to murder and each were sentenced to 18 years in prison. Graber pleaded guilty to aggravated assault for killing a wounded detainee and was sentenced to nine months.
UCMJ ping.
This is eye-popping:
Graber pleaded guilty to aggravated assault for killing a wounded detainee and was sentenced to nine months.
As in the Hamdania case, confessions for plea deals grease the wheels of military justice.
Hat tip and a ping.
I hadn't been following the hearing. Do you think Girouard may have changed his testimony because everybody else had taken pleas? Originally, their story was that the detainees were shot trying to flee. I'm just wondering if Girouard saw the writing on the wall, and decided that their pleas destroyed his chance at exoneration of the charges.
flightline knows details about the case and can fill us in.
Time served and send him home.
I think you're correct about the NCIS and their confessions and plea deals. They're very efficient at getting them no matter by what means or how long it takes.
Thanks for the ping.
Seven years and a dishonorable
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.