CAMP PENDLETON -- A lieutenant in charge of the squad of troops accused of kidnapping and killing an Iraqi man last year testified Thursday that he was "frustrated, agitated and irritated" on learning that suspected insurgents that the squad had captured had been released by higher authorities.
"I send my boys out to risk their necks to capture these individuals and they are subsequently released," 2nd Lt. Nathan Phan said.
Phan took the stand as a defense witness for Cpl. Marshall Magincalda, who is a member of a squad of Camp Pendleton troops accused in the slaying of Hashim Ibrahim Awad in the rural Iraqi village of Hamdania on April 26, 2006.
Phan's testimony may help explain what led the troops to a plot to kidnap and kill a highly suspected insurgent, then cover it up.
The eight men were accused of snatching Hashim Ibrahim Awad from bed in the Iraqi village of Hamdania in the early morning hours of April 26, 2006. Awad was marched about a mile down the road, where they shot him and then staged the scene to make it appear that the 52-year-old retired Iraqi policeman had been planting a roadside bomb.
The men had originally targeted Saleh Gowad, who was a known and wanted insurgent in the area, according to testimony. When Gowad could not be found, they settled on snatching Gowad's neighbor.
Also on base to take the stand for Magincalda was Cpl. Trent Thomas, who last week was acquitted of murder but convicted of conspiracy and other charges for his role in Awad's death. The jury spared Thomas from jail -- he faced up to life in prison -- and instead sentenced him to a bad-conduct discharge.
But if or when Thomas will testify remained unclear Thursday evening. His attorney, Victor Kelley, contacted at his Alabama home, said he had been unaware of the plan for Thomas to testify until earlier that day. Kelley said he does not want his client to take the stand unless he is given immunity. Even though the trial is over, there are always "collateral" issues that could affect Thomas if he testifies, Kelley said.
Six of the Camp Pendleton-based men, including Thomas, have been convicted of roles in the plot. Five of the most junior-ranking of the accused pleaded guilty and agreed to testify against their squad mates.
The men who pleaded guilty were on the stand this week, testifying for the government in the cases against Magincalda and squad leader Sgt. Lawrence Hutchins, who are being court-martialed in separate Camp Pendleton courtrooms.
Testimony in the two hearings yielded little new information not already revealed in previous public hearings.
Pvt. Robert Pennington gave more detail into the conversation between four of the men -- including Hutchins and Magincalda -- as they stood in the moonlight in a palm tree grove and outlined and narrowed their plot to snatch Gowad.
Pennington, who pleaded guilty and is serving an eight-year sentence for his role, said he was keen on the idea of killing Gowad.
"I was saying, 'Yeah, he's an (expletive). He needs to die,' " Pennington said.