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US Army Sniper NOT Guilty of Murder
Newsday ^ | Septemeber 28, 2007 | KATARINA KRATOVAC

Posted on 09/28/2007 4:56:37 AM PDT by Paige

BAGHDAD - A military panel Friday acquitted U.S. Army Spc. Jorge G. Sandoval on charges he killed two unarmed Iraqis, but it convicted him of planting evidence on one of the men in attempt to cover up the shooting. Sandoval, 22, of Laredo, Texas, had faced five charges in the April and May deaths of two unidentified men. He was found not guilty of the two murder charges, but the panel decided he had placed a detonation wire on one of the bodies to make it look as if the man was an insurgent.

(Excerpt) Read more at newsday.com ...


TOPICS: Breaking News; Foreign Affairs; News/Current Events; War on Terror
KEYWORDS: courtmartial; iraq; middleeast; military; ruling; sandoval; snipers; terrorist
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To: RedRover

“Staff Sgt. Hensley just continued to drive on,” said Specialist Joshua Lee Michaud, in testimony at the July hearing about the sergeant’s toughness. “Both of them didn’t even faze him.”

IF true then his commander should have taken him off duty. It would also put him in a mental state where a civilian court would find him mentally unstable.

But I don’t buy it. They always seem to find one guy who is a loser to trump up charges on his unit. Or they trump up charges on one guy and beat him into submission so he starts telling them what they want to hear.

This is a war. Take the gloves off and it will be over sooner. War is not a civilized activity which is why its a last resort.


41 posted on 09/28/2007 7:41:24 AM PDT by driftdiver
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To: Paige
A military panel Friday acquitted U.S. Army Spc. Jorge G. Sandoval on charges he killed two unarmed Iraqis, but it convicted him of planting evidence on one of the men in attempt to cover up the shooting.

Okay, I don't quite understand how it's even possible for a sniper to "plant" evidence on a target he has just taken out. Sniper engaged at say 600 meters. That's a little bit over seven football fields away and not a difficult shot for most snipers...certainly not an overly long shot. How does he get to the body to plant his evidence? It will take a right LONG stroll to even reach the scene of the kill and that means it's probably thru hostile territory and full of folks looking to find and specifically kill....HIM. Okay, say it's not a 600 meter shot. Say it's only 100 meters. The sniper still has to get to ground level and find a way to get to the target while avoiding: Target's buddies, the inevitable friendly fire that is bound to be in the air and also the equally inevitable UN-friendly outgoing fire! I don't think it's even possible. Yet a bunch of lawyers seem to have found that this is the case. I'd like to see exactly how they arrived at this conclusion.

42 posted on 09/28/2007 7:53:04 AM PDT by ExSoldier (Democracy is 2 wolves and a lamb voting on dinner. Liberty is a well armed lamb contesting the vote.)
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To: weegee
Don't shoot until you thoroughly explain the situation to your CO, who then explains it to JAG,
who then reads the ROE, who then explains it it to his CO,
who then says Shoot or stand down.
This crap has got to stop. Just shoot them.
If you've set a trap, and they take the bait, SHOOT THEM!!!!!!!!!
43 posted on 09/28/2007 7:57:40 AM PDT by concretebob (If liberals aren't traitors, their only defense at this point is they are incredibly stupid)
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To: Paige

This reminds me of the movie 300. The politicians at home doing nothing but obstructing the path of our brave soldiers and getting in bed with terrorists.


44 posted on 09/28/2007 8:24:30 AM PDT by Ancient Drive
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To: RedRover

Thanks, Red. Interesting.


45 posted on 09/28/2007 8:28:09 AM PDT by Girlene
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To: SomeReasonableDude

Please do us all a favor and read up on the information discussed before chiming in with your indignant outrage. Otherwise you just sound plain silly.


46 posted on 09/28/2007 8:39:51 AM PDT by Chickenhawk Warmonger (The Media Lied & Soldiers Died)
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To: All

Don’t hurt the Muslims war.


47 posted on 09/28/2007 8:44:12 AM PDT by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: driftdiver

It all boils down to this:

We either are fighting a war, or we are not. By the current attitude in our own government, it appears that we are not...


48 posted on 09/28/2007 8:46:35 AM PDT by TheBattman (I've got TWO QUESTIONS for you....)
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To: RedRover; Virginia Ridgerunner

Good news he was acquitted of the murder charge but CS they found him guilty of planting evidence. Jags need to be tossed out of the war zone and stopped from writing the ROE.


49 posted on 09/28/2007 9:22:06 AM PDT by jazusamo (DefendOurMarines.com)
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To: TomGuy

“Their tactics are not much different from the tactics previously used by the Jesse Jacksons and Al Sharptons. They have learned that they can use PC to whittle away at the US military efforts and the US public will.”

Just gotta wonder if Jesse or Al have started a ‘Shakedown Training Camp’ for AlQaeda yet...I’m sure Dickie Durbin would be glad to be a guest speaker.


50 posted on 09/28/2007 9:27:22 AM PDT by CRBDeuce (an armed society is a polite society)
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To: SomeReasonableDude

Shooting unarmed, non-threatening civilians is dishonorable from a moral and military perspective.

... Shame on you, comment section.

Nice leap there dude ... glad people like you aren't in charge in the war zone.

Oh, wait, that's the problem, isn't it.

51 posted on 09/28/2007 9:27:46 AM PDT by tx_eggman (ManBearPig '08)
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To: Paige
No way , I'm letting my kid go into todays "PC army".

here at home the cops can't even do their job because of all the legal ramifications,

now the ACLU syndrome has spread to "warfare" !

52 posted on 09/28/2007 9:45:56 AM PDT by KTM rider (privatize the W.O.T. or lose it)
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To: Paige

He was following orders completely. Even the thing he placed on the body...that’s what he was told to do.


53 posted on 09/28/2007 9:59:44 AM PDT by shield (A wise man's heart is at his RIGHT hand;but a fool's heart at his LEFT. Ecc 10:2)
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To: SomeReasonableDude
To support men like this is a slap in the face to the men and women who are serving honorably

It is clear you have shown your ignorance of this event or are a moonbat troll. Before making statements like those in your post learn more of the event and you may not sound so silly.

54 posted on 09/28/2007 10:02:49 AM PDT by jazusamo (DefendOurMarines.com)
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To: KTM rider; xzins; jazusamo

It seems some of these prosecutions may be aimed at winning hearts and minds of Iraqis and Afghanis. With so much publicity from these cases, the focus seems to be transitioning to Lawfare versus Warfare. The military leaders who bring these charges versus handling them within the ranks stand the chance of losing the hearts and minds of the American people, and even more importantly, of those who serve. That is not a plan for victory, IMO.


55 posted on 09/28/2007 10:05:57 AM PDT by Girlene
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To: Girlene; brityank; KTM rider; xzins; jazusamo; RedRover

As brityank has pointed out, the independent operability of the American soldier has been the major reason for American military success. The American soldier, up to this point, has been encouraged to think and act independently with minimal supervision if necessary.

That way, if the officer gets killed, then the NCO with the mission in mind, can then set about doing it his own creative way given the resources remaining to him. If the mission is take Hill 1723, and then an entire plan is laid out on how that’s to be accomplished, well, that plan bit the dust with the lieutenant’s demise.

How’re we gonna do it now? Any way we can figure it out is what it boils down to. And Americans have done it that way since Paul Revere.

What this Lawfare does is force the independent soldier to stay attached to the umbilical all the way to the pentagon.

We won’t budge one step, because who knows if they’ll charge us with something unlawful. Better just go back to Fobbitland and have a beer. Much safer.


56 posted on 09/28/2007 10:15:44 AM PDT by xzins (Retired Army Chaplain And Proud of It! Those who support the troops will pray for them to WIN!)
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To: Paige
I’m a WW II vet and spent my army time killing Germans in Europe. I don’t remember what ROE means—if it was explained to me, being as I was only 20 years old, I must have been thinking of my pregnant wife back in the States.

Let’s go back to the ROE mentioned. If the American troops fought WW II using that logic, we would still be fighting that war over 60 years later. Our job was to kill. We did.

Do you remember how American servicemen were killed in Vietnam by “innocent-looking” boys and girls carrying hand grenades hidden on their persons? Go ahead and and follow ROE rules. You would make a nice looking corpse.

Also did we use ROE when we dropped thousands of bombs over Germany and several atom bombs over Japan? No. Thank God.

We did our job, beat the enemies, ended the war and went back home.

57 posted on 09/28/2007 11:12:03 AM PDT by GOPologist (When one lowers himself to argue with a fool, then you don't know which one is the fool.)
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To: GOPologist

Thank you for that post—and your service.


58 posted on 09/28/2007 12:38:25 PM PDT by RedRover (DefendOurMarines.com)
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To: GOPologist

Sir, I thank you for your Service and I am so thankful for men like you. God Bless You.


59 posted on 09/28/2007 12:54:18 PM PDT by Paige ("Facts are stubborn things." President Ronald Reagan)
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To: bigheadfred; Girlene; xzins; All
Local coverage: A father's plea: Dad travels to Iraq in defense of accused son, Phil Davidson, (Idaho) Post-Register, September 28, 2007

The Parker man arrived in Iraq on Thursday hoping to testify on behalf of his son, a St. Anthony native and Rigby High graduate.

Earlier this week, Parker resident Curtis Carnahan boarded the first of a series of flights that by Thursday had landed him in Baghdad.

He was nervous about setting foot in the war-torn country but said the gravity behind his reasons for being there far outweigh any trepidation.

Carnahan is set to appear as a character witness in a preliminary hearing for his son, Army Sgt. Evan Vela, who's been charged with premeditated murder of an Iraqi national.

Vela, a St. Anthony native and Rigby High School graduate, is a sniper with the Headquarters and Headquarters Company, 501st Infantry Regiment, 4th Brigade, 25th Infantry Division based at Fort Richardson, Alaska.

His unit had been stationed for several months near Iskandariyah, an area just south of Baghdad that makes up the southern tip of what U.S. and allied forces nicknamed the Triangle of Death.

The U.S. military alleges that sometime between April and June, Vela took part in the murder of a male Iraqi, placed a weapon with the man's remains, made a false official statement and obstructed justice. He was charged with the crimes July 1 and has been held in confinement in Kuwait ever since.

Carnahan says his son is a victim of a war in which the distinctions between enemies and civilians are blurred, and was only following orders.

"If we're going to start prosecuting our soldiers for this type of thing, we might as well just roll the whole show up," he said. "It's absolutely wrong to prosecute soldiers that are in combat."

A chance to try to clear his son's name is why Carnahan, 44, paid $1,750 for his trip, which will result in him spending more than 30 hours in the air by the time he gets back to Idaho on Wednesday.

To give his son what he hopes is the best chance for exoneration, Carnahan in August hired one of the top military defense teams in the country, including attorney James Culp, who has represented more than 1,500 members of the military around the globe.

But unlike the military defense lawyers the government provides for free -- Vela fired his -- civilian attorneys are expensive, especially when they're considered to be among the best.

The retainer alone for Culp and his partner, Gary Myers, was more than Carnahan's annual salary. He said he's taken out a second mortgage on his home to pay for Vela's representation and is asking the public for donations to recoup those costs and offset future ones.

A trust fund has been set up for Vela at KeyBank in Idaho Falls, though contributions can be made at any KeyBank.

Hippie printer

Though the business card of Carnahan, a printer who works in Idaho Falls, lists him as "the man ... the myth ... the hippie printer," he said he's no Hanoi Jane.

A proud patriot with an American flag waving in his yard, Carnahan has no military experience, but two of his sons do. Vela has been in the Army for three years, and his brother, Cory, is an active six-year veteran with the U.S. Navy.

Carnahan, who wears a mustache and a ponytail, said it's imperative that U.S. citizens stand up for soldiers willing to sacrifice their lives. He has no confidence in the people running the war, however.

For this reason, he has provided the Post Register and The Washington Post, among other news outlets, transcripts of military court hearings for two members of Vela's unit also charged with premeditated murder. According to testimony in the July 24 hearings for Staff Sgt. Michael Hensley of Chandler, N.C., and Spc. Jorge Sandoval of Laredo, Texas, some of the snipers in Vela's unit were aware of a classified program in which sharp-shooters would "bait" their targets with suspicious materials, such as detonation wire, and then kill whoever picked up the items.

Myers, Vela's attorney, has said his client was only following orders.

Carnahan encourages the public to read about the baiting program.

"To me, that shows a real gray area of what soldiers are supposed to think," he said. "This type of program paints a target on the back of every Iraqi."

The Army has declined to confirm that such a program exists.

"To prevent the enemy from learning about our tactics, techniques and training procedures, we don't discuss specific methods targeting enemy combatants," said Paul Boyce, an Army spokesman.

Boyce did say, however, that there are no classified programs that authorize the murder of local nationals and the use of planted weapons to make the killings appear legally justified.

"Our rules for the use of force dictate that an individual must show hostile intent before they can be engaged," he said.

The good kid from St. Anthony

Vela, the second oldest of Carnahan and St. Anthony resident Anna Vela's four children, is described by friends and family members as a responsible and caring individual who rarely gets into trouble.

The 23-year-old resides in Anchorage, Alaska, with his wife, Alyssa, also of St. Anthony, and two children. He has a 4-year-old son, Jarom, and a 6-month-old daughter, Blair.

Alyssa Vela, who normally speaks with her husband once a week, said he's a laid-back but good father who's "more likely to hang out at home with his children and watch Saturday morning cartoons."

Though he's frustrated with the Army, Alyssa Vela said, her husband wants to pursue his goal of becoming a career military officer if he's cleared of the charges.

Family members aren't the only ones supporting Vela. A Web site set up in his name features several letters from people standing by him.

Fremont County Sheriff Ralph Davis wrote that he got to know Vela as a young man when Vela's mother began working for the sheriff's office.

"During the time I was serving as a deputy sheriff," Davis wrote, "I never saw Evan struggle like so many kids do in similar circumstances. ... We support this young man without any reservations."

Keith Fyfe, who worked with Vela for six months at Eagle Press in Idaho Falls, said he finds it hard to believe that Vela would intentionally cause harm to anyone.

"He's a good kid," Fyfe said.

The hearings

The investigation into the alleged murders began when two soldiers, Pfc. David Petta and Spc. Alexander Flores, complained that members of their unit were planting weapons on their targets to make the killings look legitimate.

But according to transcripts of a July hearing for Hensley and Sandoval, several members of the unit testified that Petta and Flores were liars and poor soldiers.

Spc. Joshua Michaud testified that Vela told him he had spoken with Petta and Flores about allegations that they were sleeping on duty. When Vela told them he was considering referring the two for a disciplinary hearing, Michaud testified, they said they would report Vela and others to their supervisors for planting weapons and other items.

On May 11, Flores testified that Vela, under orders from Hensley, executed an Iraqi national who had discovered his sniper hideout. After the man was shot with a 9 mm handgun, Flores said, Hensley grabbed an AK-47 assault rifle and laid it across the Iraqi's body.

Capt. Matthew Didier, the unit's ground forces commander, testified that he gave Hensley permission to order the "close kill" of an Iraqi national May 11 based on Hensley's word that he saw the man carrying an AK-47.

Carnahan said he was told that Vela's Article 32 hearing, which is an evidentiary process in which an investigating officer hears from both the defense and prosecution and recommends whether the case should be referred to a general court-martial, was to begin Saturday.

Boyce, the Army spokesman, said it might not get under way until Thursday.

Carnahan continues to contend that his son was following orders and thinks Vela, Hensley and Sandoval should all be acquitted.

He believes the odds of that happening aren't good right now but still stands by his son.

"One of his biggest concerns is he wanted to know if he could stay in the Army when this is over with, which I think speaks highly of his character and his desire to continue with the military," he said.

How you can help

To donate to Army Sgt. Evan Vela's defense fund, visit www.sergeantevanvelade fensefund.org.

Vela is one of 69 U.S. service members to have been charged in connection with Iraqi civilian deaths, according to data compiled by The Washington Post. Of that number, 31 have been convicted of a crime. If he's convicted, Vela will likely face a maximum sentence of life in prison.

Curtis Carnahan is convinced his son, Army Sgt. Evan Vela, is not getting a fair trial on charges of murdering an Iraqi civilian.

Taped to the window of an Idaho Falls business are two messages. One recalls the events of Sept. 11. The other is an appeal for Army Sgt. Evan Vela, who has been charged with murdering an innocent civilian in Iraq.

60 posted on 09/28/2007 1:10:11 PM PDT by RedRover (DefendOurMarines.com)
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