Jury acquits Marine of murder

NCTimes.com ^ | 1 August, 2007 | TERI FIGUEROA staff writer

[brityank]

Jury acquits Marine of murder

By: TERI FIGUEROA staff writer
Serviceman guilty of conspiracy, lesser charges in civilian death

CAMP PENDLETON ---- A jury of combat veterans on Wednesday acquitted a Marine corporal of murder and kidnapping in the death of an Iraqi man in on April 26, 2006.

Special Report

Cpl. Marshall Magincalda was found guilty of three lesser charges: conspiracy to commit murder, larceny and housebreaking. He faces a maximum of life in prison, but there is no minimum sentence for the crimes. A Marine convicted of the same conspiracy charge was sentenced to a bad-conduct discharge last month and escaped jail.

Cpl. Marshall Magincalda
File Photo Staff Photographer

Magincalda was stoic as the verdict was read in a cramped and crowded-to-capacity courtroom at Camp Pendleton. His father and stepmother hugged after the verdict was read. His stepmother broke down in tears.

A sentencing hearing for Magincalda was set to begin at 4 p.m. Wednesday.

A separate jury is still deliberating the fate of his squad leader, Sgt. Lawrence Hutchins, who was also accused in the plot to snatch and kill a man suspected as a key insurgent responsible for roadside bombs attacks on U.S. troops in the area of Hamdania, a rural Iraqi village. When their attempt to grab that man fizzled, they kidnapped and killed his neighbor instead, Marines testified.

Marines say the squad then covered up the slaying by reporting that they killed the man after spotting him planting a roadside bomb.

Defense attorneys in both Hutchins' and Magincalda's cases did not deny that their clients played a role in the plot. But they argued that violence toward Iraqi detainees was encouraged by the men's superiors.

Jurors heard testimony that the eight-man squad watched and heard about Marine Corps superiors in their company beating Iraqi suspects during questioning, as well as shoving guns in or near their mouths.

The cases against Hutchins, Magincalda and their six squad mates offered a glimpse into the frustration and fears facing Marines who spent their tours traveling bomb-laced streets, often living off the base and never more than grabbing distance from their gun.

In court, some of the accused troops testified that their squad agreed to the killing as part of an effort to send a message to insurgents operating in the Hamdania area.

Although first deemed a legitimate and lawful killing by the Marine Corps, complaints from the victim's family prompted an investigation.

The Marine Corps charged the Camp Pendleton-based squad of seven Marines and Navy corpsman with the death of the Iraqi man, who they forced out of bed, marched to a dirt hole a mile or so down the road, and shot to death.

Less then two months after the killing of Hashim Ibrahim Awad, the military charged the eight troops with murder, kidnapping, conspiracy, larceny, housebreaking and making false official statements.

The sergeant and two corporals in charge of the squad opted for trial. Two weeks ago, a military jury acquitted one of them men, Cpl. Trent Thomas, of murder, but found him guilty of kidnapping and conspiracy.

The jurors rejected giving Thomas a jail sentence, but did vote to reduce his rank to private and kick him out of the Marine Corps. Approval of that sentence is pending.

The other five men ---- the Navy corpsman and four of the most junior Marines ---- agreed to plead guilty to reduced charges in exchange for testifying against their squad mates. Most of them received jail sentences of less than two years.

In court, each of the five men testified that Hutchins was the architect of the plan. But Hutchins' attorney argued that the directive to kill the man known as the area's main insurgent came from higher up the chain of command.

Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com. Comment at nctimes.com.

[RedRover]

It wasn’t determined to be premeditated. He was cleared of the murder charge. And since military jurors won’t be popping up on Larry King, we probably will never hear their reasons.

Personally, I suspect it was a complete lack of physical evidence tying Cpl Magincalda to the killing. I don’t know how much the identity of the victim had to do with the verdict.

[RedRover]

I haven’t heard whether the jury in the Sgt Hutchins case will break for the night or do the old “Twelve Angry Men” routine and keep at their deliberations.

His will be the hardest case of all. There’s been sparse reporting, so I’m not sure whether any of the witnesses actually identified him as a shooter. If not, the jury could return the same kind of verdict as in the Thomas and Magincalda cases. That would be a shocking end to this POS prosecution.

[freema]

The military has served its justice.

You at least got one thing right. One dead unknown insurgent.

"You're either with us or your against us".

Many other Marines are alive TODAY

ONLY because of these Hamandia Marines.

[noamnasty]

I agree . We will never know the real story.

[Girlene]

I, for one, would like to know who this fellow was. The family made a claim for him and received compensation money [I think]. It could not be proved that he was the man they claimed. During the Cpl Thomas hearing, the defense claimed he was the cousin of the “prince of jihad” in Hamdania and a suspected insurgent, himself. Until, and unless, the military shuts down false Iraqi claims to obtain compensation, these stories and ensuing charges may continue to surface.

[Maeve]

I agree . We will never know the real story.

This is a refrain we wind up saying after everything since JFK's assassination.

[lilycicero]

BTW, brityank, I love your posting style!

Notice how he added the manly 'posting' to style. A Girlene or Lily would say: BTW, brityank, I love your style.

[noamnasty]

True .but it is also the truth because we have so much dishonesty in so many places now, we don’t now who or what to believe .

[noamnasty]

I suspected as much .But then I don’t trust illegals or muslims .

[brityank]

Well, you probably wouldn't if you had to clean the monitor after my cut-and-paste.         ;^)

[RedRover]

I find that this stuff works wonders, especially in those hard-to-reach places between the keys... ;)

[lilycicero]

I don’t suppose you have something for removing sunblock. I was so tireded last night, that I brushed my teefus with SPF 70. Didn’t take long to realize something wasn’t right.

[RedRover]

Yuck, poor you! Reminds me of the time I mistakenly gargled with shampoo.

[lilycicero]

Those are mistakes you only make once.

[Gene Eric]

Thanks for the ping Red.

[RedRover]

Story of my life. An unblemished record of almost 50 years of mistakes I only made once.

[RedRover]

You’re welcome, Gene. Now we’re waiting on the Sgt Hutchins jury.