Army Memo re: AR 15-6 Investigation into the Shooting of an Iraqi Civilian

DEPARTMENT OF THE ARMY
HEADQUARTERS TASK FORCE 1RONHORSE
TJKRIT, IRAQ

REPLY TO
ATTENTION -

AFYB-CG 25 August 2003
crv--
MEMORANDUM FOR AR, FOB Warhorse, Baqubah,
Iraq
SUBJECT Appointrrient as a 15-6 Investigating Officer
1. You are hereby appointed an investigating officer pursuant to AR 15-6 to conduct an informal
investigation into the 13 July 2003 accidental discharge, which resulted in the death of an Iraqi
detainee. Additionally, you are to identify any systemic problems that the command can address

and correct, if necessary.
2.
All witness statements will be sworn and recorded on a DA Faun 2823 if possible. If, in the course of your investigation, you come to suspect that an individual may be criminally responsible-, you will advise that individual of his or her rights under Article 31, UCMJ, or the Fifth Amendment as appropriate. Use the DA Form 3881 to advise soldiers of his or her rights.

3.
Before proceeding w' stigation, contact

at 0.1.11. for aninitial legal briefing. will serve as your primary legal advisor.
4. Your report, together with all evidence marked as exhibits, will be submitted to me in
memorandum format no later than 2 September 2003. Submit any requests for delay to me either orally or in writing.
FOR THE COMMANDER:
-6 az
b 7 c.
6570

REPORT OF PROCEEDINGS BY 1NVESTiGATING OF:HOER/BOARD OF OFFICERS
For p of this form, see AR 15-6; the proponent agency is OTJAG.
IF MORE SPACE IS REQUIRED IIV FILLING.
'
ourANY PORTION OF THIS-FORM. ATTACH ADDITIONAL :WEFTS
.
SECTION S -APPOINTMENT
Appointed by
,1) 6 2-
(Appointing authority)
on 25 AUG 03
(Attach inclaiiire 1: Letter of appointment or summary of oral appointment data.) (See para 3-15, AR 15-6.)

SECTION II - SESSIONS
The (irii;estigation) (board) commenced at
FOB BARBARIAN, IRAQ
at 1200
(Place)
(lime)
On 14TH JULY 03 i
(Date) afa fonnal board met for more than one session, check here . .
ended, the place, pers ons present and Indicate in an inclosur, kze time each session began and
absent, and explanation of absences, if any.) The following persons
present: (members, respondents, counsel) were
(After each name, indicate capacity, e.g., President, Recorder, Member, Legal Advisor.)
b
i) "I C., '2,
The following persons
(members, respondents, counsel)
were absent:
(Include brief explanation of each absence.) (See paras 5-2 and 5-8a, AR 15-6.)
The (investigating Oyer) (board) finished gathering/hearing evidence at
1200 On 31 AUGUST 03
4 (Time) (Date)
and completed findings and recommendations at
1500
On 31 AUGUST 03
(Time)
(Date)
SECTION ill - CHECKLIST FOR PROCEEDINGS .
A. COMPLETE IN ALL CASES
1 Inclosures (para3-15, AR 15-6)
Are the following inclosed and numbered consecutively with Roman numerals:

(Attached in order listed)
a.
The letter of appointment or a summary of oral appointment data?

b.
Copy of notice. to respondent, if any?

(See item 9, below)
c.
Other correspondence with respondent or counsel, if any?

d.
Al] other written communications to or from the appointing authority?

e.
Privacy Act Statements

(Certificate, if statement provided orally)?
f Explanation by the investigating officer or board of any unusual delays, difficulties, irregularities, or other problems
encountered (e.g., absence of material witnesses)?

g.
Information as to sessions of a formal board not included on page 1 of this report? 11111

h.
Any other significant papers MIMER

(other than evidence) relating to administrative aspects of the investigation or board?
FOOTNOTES:
N Explain all negative answers on an attached sheet. MEW
Use of the N/A column constituter a positive representation that the circumstances described in the question did nor occur in this investigation
or board.
6571
2 I Exhibits (para 3-16, AR 15-6).,.-.
!If-PS NON NA21 1
a. Are all items offered (whether or not received) or considered as evidence individually numbered or lettered as
.._.
exhibits and attached to this report? '' ' ' .-..
6. Is an index of all exhibits offered to or considered by investigating officer or board attached before the first exhibit?
X
c.
Has the testimony/statement of.each witness been recorded verbatim or been reduced to written form and attached as
an exhibit? _• ,; X

d.
Are copies, descriptions, or depictions (If substituted for real or documentary evidence) properly authenticated and is
the location of the original evidence indicated? .

e.
Are descriptions orTdiagrams included of locations visited by the investigating officer or board (para 3-6b, AR 15-6)?

f.
Is, each written stipulation attached as an exhibit and is each oral stipulation either reduced to writing and made an

-exhibit or recorded in a verbatim record?
_ ..
g. If official notice of any matter was taken over the objection of a respondent or counsel, is a statement of the matter of which official notice was taken attached as an exhibit (para 3-16d, AR 15-6)? X
3 Was a quorum present when the board voted on findings and recommendations(p aras 4-1 and 5-2b, AR 15-6)?
B. COMPLETE ONLY FOR FQRMAL BOARD PROCEEDINGS (Chapter 5, AR 15-6) ,
4 At the initial session, did the recorder read, or determine that all participants had read, the letter of appointment (para 5-3b, AR 15-6)?
5 Was a quorum present at every session of the board (para 5-2b, AR 15-6)?
6 Was each absence of any member properly excused (para 5-2a, AR 15-6)?

7 Were members, witnesses, reporter, and interpreter sworn, if required (para 3-1, AR 15-6)? 8 If any members who voted on findings or recommendations were not present when the board received some evidence, does the inclosure describe how they familiarized themselves with that evidence (pare 5-2d, AR 15-6)?
C. COMPLETE ONLY IF RESPONDENT WAS DESIGNATED (Section II, Chapter 5, AR 15-6) 9 Notice to respondents (oara 5-5, AR 15-6):
a.
Is the method and date of delivery to the respondent indicated on each letter of notification?

b.
Was the date of delivery at least five working days prior to the first session of the board?

c.
Does each letter of notification indicate —

(1)
the date, hour, and place of the first session of the board concerning that respondent?

(2)
the matter to be investigated, including specific allegations against the respondent, if any?

(3)
the respondent's rights with regard to counsel?

(4)
the name and address of each witness expected to be called by the recorder?

(5)
the respondent's rights to be present, present evidence, and call witnesses?

d.
Was the respondent provided a copy of all unclassified documents in the case file?

e.
If there were relevant classified materials, were the respondent and his counsel given access and an opportunity to examine them? 10 If any respondent was designated after the proceedings began (or otherwise was absent during part of the proceedings):

a.
Was he propetly notified (para 5-5, AR 15-6)?

b.
Was record of proceedings and evidence received in his absence made available for examination by him and his counsel (para 5-4c, AR I5 -6)? 11 Counsel (para 5-6, AR 15-6):

a.
Was each respondent represented by counsel?
Name and buSiness'address of counsel:

(If counsel is a lawyer, check here ¦ )
b.
Was respondent's counsel present at all open sessions of the board relating to that respondent?

c.
If military counsel was requested but not made available, is a copy (or, if oral, a summary) of the request and the
action taken on it included in the report (para 5-6b, AR 15-6)?

12 If the respondent challenged the legal advisor or any voting member for lack of impartiality (para 5-7, AR 15-6):
a.
Was the challenge properly denied and by the appropriate officer?

b.
Did each member successfully challenged cease to participate in the proceedings? 13 Was the respondent given an opportunity to (para 5-8a, AR 15-6):

a.
Be present with his counsel at all open sessions of the board which deal with any matter which concerns that respondent?

¦
b Examine and object to the introduction of real and documentary evidence, including written statements?
c.
Object to the testimony of witnesses and cross-examine witnesses other than his own?

d.
Call witnesses and otherwise introduce evidence?

e.
Testify as a witness?

f.
Make or have his counsel make a final statement or argument (para 5-9, AR 15-6)? .

14 if requested, did the recorder assist the respondent in obtaining evidence in possession of the Government and in arranging for the presence of witnesses (para 5-8b, AR 15-6)?
15 Are all of the respondent's requests and objections which were denied indicated in the report of proceedings or in an
inclosure or exhibit to it (para 5-11, AR 15-6)? fr
65
FOOTNOTES: 9 Explain all ne2ative answers on an atcaphed thee:
SECTION IV - FINDINGS (para 3-10, AR 15-6)
The (investigating officer) (board), having care
_ ful]. considered.-,:
6-7 6
On 13 July 03 at approximately 174511-s„
, and
simple negligence, di$charged-a-.2mm pistol trot
to yo Company, 3-67 AR BN guard s ack/detamee
holding ac
The errant round struck an IranKciiiilian detainee wounding 604736.
him in the lower back and resulting in him being -medivacd to the nearest
medical treatment facility (E/204-th Medical Co).
b 4—
At the time of the accident bOth (a
ed to be
a "Red" Weapon's Safety Posture status (magazine in the weanon rounc
chambered, weapon on safe). Both .
said they did not mi..
other than "Red." It is my belief that when It ey were supposed to be at a different status
ed his pistol to
chambered; the hammer was cocked; and the pistol was not on safe; a round was
ed or squeezed the trigger resulting in an accidental discharge which struck
one o the detainnes that wa -sitting on th,e
back. In attempting to re-c eate this accident al discharge a s described bylla
I Could not-cause
pistol to discharge. The aqis in the room were not able to see what hap
an were not inte fviewed.
b 65-.& 6
b %5--
SECTION V - RECOMMENDATIONS
(para 3-11, AR 15-6)
Inview finders the (Ogg,
( c)(51.,64/1..,? p roce.55.
-----,-- --sr--
SECTION VI - AUTHENTICATION.
(para 3-17, AR 15-6)
THIS REPORT OF PROCEEDINGS IS COMPLETE AND ACCURATE.
(If any voting member or the recorder fails to sign here or in Section VIIbelow, indicate the reason in the space where his signature should appear.)
!
bb l b 7 c
—
• (Recorder)
stigating Officer (President)
(Member)
(Member)
(Member) (Member)
SECTION VII - MINORITY REPORT
(para 3-13, AR 15-6)
To the extent indicated in Inclosure ,,the undersigned do(es) not concur in the findings and recommendations of the board.
(In the inclosure, identify by number each finding and/or recommendation in which the dissenting member(s) do(es) not concur. State the
reasons for disagreement. Additional/substitute findings and/or recommendations may be included in the inclosure.)

(Member) (Member)
SECTION VIII - ACTION BY APPOINTING AUTHORITY
(para 2-3, AR 15 -6)
The findings and recommendations of the
(investigating officer) (b ,d) are
(apprzawc)4disapprausdHapproved with following exceptions/substitutions). (If the appointing authority returns the proceedings to the investigating officer or board for further proceedings or corrective action, attach that correspondence (or a summary, if oral) as a numbered inclosure.)
SYS \ci)() ,aAA.e.us
1-2
0
a_ccbcc7ocel,)?
RECEIVED
0 9 SEP 2003 RAYMOND T. ODIERNO
Major General, USA
Commanding 6,571

DOD 002800

INDEX .
Exhibit fSworri statement
t-b) 6 5-
Exhibit 2-Sworn statement

from elliffinaMexpi
6
-
Exhibit 3-Sw6rii statement
from
b 6 q 6 7
••xhibit 4-Sworn statement
from
Exhibit 5-Sworn statement
b
6575

SWORKSTA For me of thip forrri, aee AR 19.
0-45; privoment age y, ss 00C-SC.)P
.
, . - -_ : PRIVACY ACT STATEMENT - ' _ . „. „ .
\ UTHOFFI(: -:::, rit. 10.

USC Se ion 301.; TR le 5 USC Secdon 2951 E.O. 9397 dated November =,1943 (SSA9.P .To pro4CI'mrnariders and kayYle4ormment orTcials withmeans by witia)
-.Yrform.ation may be ac5Jratel ,,f kieritified.
ZOMINE USES: :Your zociaiseOurity numbers used as an additional/alternate means
0 i e i rii1 5 ca t io n to facittate iling and fret.6...eval
)1SCLOSURE:
Disclosure of our sodal security number is yolunta
LOCATION

MMOD) I 3. IM
.. FE NUMBER
¦ . LAST NAME,
7. GRADE/STATUS
=-1c-va a 1 b 7 C-
, WANT TO MAKE THE FOLLOWING STATEMENT. -UNDER OATH:
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0. EXHIBIT
mmlif

11. INITIAialiERSON MAKING STATEMENT
www b?"D 7 c_?PAGE 1 OF PAGES , DDMONAL PAGES MUST CONTAIN THE HEADING STATEMENT TAKEN AT
DATED
, •
BOTTOM OF EACH

PAGE swuqr BEAR THE INMALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBEROUST BE BE INDICATED. •
'A FORM 2823; DEC 1998
...USAPA VIM • .

USE 77-35 PAG7E FNEEDED.• 77-ES PAGE 3S OT NEED. PLEASE.PRc-cr.-_
-ED i NAL PAC-EGF THIS FORM..
to -5

ATEMENT OF?
TAKEN AT
DATED

STATEMENT (Continued)
'UTIALS OF PERSON MAKING STATEMENT
-C
I PAGE 2 OF PAGES

'AGE 2, DA FORM 2823, DEC 1998
T7.c S
b6o--b
STATIM ENT OF •C? • .-?. -?.? 7,N4MN AT?-• - " •?"? 'DATED —\14
PSTATEMENT rCcnffnueO) . ­-r•Z ,
i- :....-

b 6 6— AFFIDAVIT , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEG! N PAGE t, AND ENDS ON PAGE
11

. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADEBY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE
D THE BOTTOM OF EACH PAGE

CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT • •I1E OF BENEFIT OR REWARD, WITHOUTTHREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUEN
LAWFUL
6 6 h7e
(Signature of Person Making Statement)

WITNESSES: Subscribed and sworn to before me, a person auth
ed by law to administer oaths, this
1 day of
00.)1

at
ORGANIZATIO•OR ADDRESS
cirninistering Oath)
7
c• vB
I
ante of Pe This acing Oath)
Ykl • co

ORGANIZATION OR ADDRESS .
(Ailli/07tiy To 4A-drain/star paths) INMALS OF PERSON MAKING STATEMENT '
PAGE 2, DA FORM 2823, DEC 1998
usAPA rim

a ,7 Vai-ArtPigRi=-7
L:1-_ I iFJCATE

use this form, see AR 190-30; the proponent eoency
-1 DCSOPS

:DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY:
Title ,10, United States Code, Section 3012(g)
PRINCIPAL PURPOSE: To.provideconiMarKiers and law enforcement officials with means by which information may be accurately identified:
ROUTINE USES: Your$681al Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE:
Discici:3ure of your Social Security Number is voluntary.
4, FILE O.
ORGANIZATION OR ADDRESS
7 . GRADE/S TUS

PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE
Section A. Rights
The investigator whose name appears below told me that
he/she is with the United States Army
0 7°73Loe
and wanted to question me about the following offense(s) of which Isuspected/accused:

I A-2 ?t9 \FF- am
AC-.4Z ra Pi re?

Pe' Before he/she asked me any queitidns abMi' the offense(s I, however, he/sh e

1.
ade it clear to me that I have the following rights:
I do not have to answer any question or say anything.

2.

Anything I say or do can be used as evidence against me in a criminal trial.
(For personnel subject othe UCMJ
I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present

during questionin . T with me ghis lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no or both. expense to me,
. - or -
(For civ:rians not subject to the UCMJ)

I have the right to talk privately to a lawyer before, during, and after
me during questioning. I understand that this lawyer

questioning and to have a lawyer present with

can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lavvyerwill be appointed for me before any questioning begins.
If I am now willing to discuss the offense(s) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or speak privately with a lawyer before answering further, even if I sign the waiver below.
COMMENTS
(Continue on reverse side)

Section B. Waiver
I understand my.rights as stated above. I am now willing to discuss the offense(s) under investigation and make a statement without talking to a lawyer first and without
having a lawyer'present with me.
WITNESSES (If available)

I a.
NA E. (Type .or Print)
b.
ORGANIZATIO OR ADDRESS AND P SNE
SIGNATURE OF IN STIGA OR

A . 6L-/
,6 Ic y

2a. ME (Type or Print
NAME OF INVES IGATOR

b.
ORGANIZATION OR ADDRESS AND PHONE
6.
ORGANIZATION OF INVESTIGA

Section C. Non-waiver
1.
I do not want to give up my rights
ID?I want a lawyer
.
I do not want to be questioned or say anything

2.
SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT
IDA FORM 2823)
SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
DA FORM 3881, NOV 89
EDITION OF NOV 84 IS OBSOLETE
6 6102.°1
DOD 002805

PART it MGHTS WARNiNGPROCEDURE
THE WARNING

WARNING - Inform-the suspect/accused ef:
a. b. Your official petition. Nature of offensels). •
c.

The fact that he/she a suspdetisccused.

RIGHTS - Advise the suspecUaccused of His/her rights as follows:
'Before I ask you any questions, you must understand your rights.°
a.
, "You do not have to answer my questions or say anything.'
b.

' 'Anything you say or do.aanbe used:ss.evidence against you in a criminal trial? '

c. ;(For personnel subject to the UCMJ) 'You have the right to talk
• privately tiiii:Niriryer before, during, and after qUestioning and to
have a lawYiiir present with you during questioning. This
lawyer

can be a civilian you arrange for at
no expense to the Government or a military you at no expense to you, or both

lawyer detailed for
! .°
- Or -
(Foi'Civiliens

not subject to the LICAA.J)

You have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with . you during
questioning. This lawyer can
be one

expense, you arrange for at your own
or if you cannot afford a lawyer and want one, a lawyer will be
appointed for you before any questioning

begins.'
d. •: "If you are now willing-to discuss the offense(s) under investigation,
, . with or without a lawyer present, you have a right to stop answering
questions at any time, or speak privately with a lawyer before

answering further, even if you sign a waiver certificate.' Make certain the suspect/accused fully understands his/her
rights.

THE WAIVER
you understand your rights?"
re suspect/accused says "no," determine what is not understood, and if "Dc, you want a lawyer at this time?' issary repeat the appropriate rights advisement. If the suspect/accused says
(If the suspect/accused says 'yes," stop 'the questioning until he/she has a
ask the following question.)
,
e you 'ever requested a lawyer after being read your rights?"

• e suspect/aCcused says 'yes,' find out when and where. If the request recent .
(i.e., fewer than 30 days ago),

obtain legal advice whether to nue the interrogation. If the suspect/accused says "no,' or if the prior
,st was not recent, ask him/her the following question.)
lawyer. If the suspect/accused says
-
no," ask him/her the following question.)

'At this lime, are you willing to discuss the offense(s) under investigation make a statement without talking and to a lawyer and without having a lawyer
present With you?"
(If the suspect/accused says
°no,' stop the interviewand
have him/her reed and sign the non-waiver section of the waiver certificate on

the other side of this form. If the suspect/accused says "yes,' have him/her read
and sign the waiver section of the waiver certificate on the other side of thisform.)
SPECIAL INSTRUCTIONS
,1 SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE : If ct/accused orally waives his/her rights but refuses to sign the waiver the
cate, you may proceed with the questioning. Make notations on the
r certificate to the effect that he/she has stated that he/she understandi r rights, does not want a lawyer, wants to discuss the offense(s) under igation, and refuses to sign the waiver certificate.
WER CERTIFICATE CANNOT
BE

COMPLETED IMMEDIATELY: In all
ever certificate mUst be cmpleted

cases
o
as son as possible.

be made to complete the
effort waiver certificate beforeany Every effo

quenstioning
If the waiver certificate cannot be completed at once, as i
the

case of
nterrogation, completion may be temporarily postponed. Notes should

the circumstances. be
:NCRIMINATING
STATEMENTS:

If the supsect/accused has made spontaneous incriminating statements
:fore being properly advised of his/her rights he/she should be told that
ich statements do not obligate him/her to answer further questions.
NTS
(Continued)
2. If the suspect/accused was questioned as such either without being advised of his/het rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Staff
Judge Advocate should be contacted for assistance in drafting the proper rights advise!.
NOTE:

If 1
or 2 applies, the fact that the suspect/accused was
advised

accordingly should be noted in the comment section on the waiver certificate and
initialed by the suspect/accused.

WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR
HER RIGHTS DURING THE INTERROGATION PROCESS: If during the
interrogation, the suspect displays indecision about requesting counsel (for
example, 'Maybe I should get a lawyer."), further

questioning must

cease immediately. At that point, you may question the suspect/accused only concerning whether he or she desires to waive counsel. The questioning may not be utilized to discourage a suspect/accused from exercising his/her rights. (For example, do not make such comments as "If you didn't do anything wrong, you shouldn't need an attorney.")
SE OF DA FORM 3881

USAP

DOD 002806

WORN STAT7. ­
4111ERT

For use of this form, see AR 190=45; -V1-eporirdaerrt agertc,' C-0C-SOPS
_?pIVACYACT STATEMENT
uTHORITY:

.10 USC Section 301 ; Title 5•USC Se-. 4 on ,2951; ED. 9397 dated, dc,,I,ier 22, 1943 (SSM.To pn;',
mbe

vf4e'rrirriaroders and knai eriior4ment officiala vita) 'means by*ich Yifoitnatioh may kt accurately
z OUTINE USES: Your l ..sed as , n addil;:%nalialtemate ;recar.s ;..^t Identii::::cticn
'jac.-..Toiate .11ing and

)ISCLOSURE:
Disclosure ofXour sodal security number voluntary.
LOCATION

2. DATE MyyMAIDD) 3.3IME
4. FILE NUMBER -

•
LAST K6ME, FiFtsT.NAmE, MIDD NAME.

b 7 c 5-

3. OrtGANOvrpN ADDRESS
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, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
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0. EXHIBIT
EXHIBIT
11. INITIALS F PE
)

,DDITIONAL PAGES MUST CONTAIN THE HEADING °STATEMENT
HE BOTTOM OF EACHADDMONAL
PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING
THE STATEMENT, AND PAGE NUMBE R'JUST BE BE INDICATED.

iA FORM 2823 DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE
v--6-.A.,1g, ns,---2-?tIt.j.?

PAQE3,5 NOT NEEDE.D PLEASE' PROCE-ID 70 F3K-2,E, PAGE° CiF TiigS b 65-b
-ATEMEN7 OF TAKEH AT CJ `e) V''‘ TaiaTED
Ondnued)

N61-1,,,, (lot.-)::
l its

1 ro

TL LS OF PERSON
MAKING STATEMENT?
00

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b oi b / L. _)
PAGE OF 3, PAGES

GE z DA FORM 2823, DEC 1998
`-.1. ,uSAPs!kr.co .
yt

b S?LC
STAMIENT
TAKEN AT
9. STATEMENTL*dk
N
AFFIDAV/T
b

b 7c.
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEG S ON PAGE 1, AND ENDS 0 PAGE
S

. I• FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF B NEFIT OUTTHREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR U WE
3-
b7c5

Su scribed and sworn to before me, a person authorized by law to administer oaths, this i day of at
ORGANIZATION .OR ADDRESS
ORGANIZATION OR ADDRESS 61/1 Authed.ciffikalsfer Oaths)
INITIALS OF PERSON MAKING STATEME
PAGE 3, DA . FORM 2823, DEC 1998
VSAPA1111X)
• ••

—

szn ) i-L-or use of this form, see AR 190-30; She proponent agency ODCSOPS
DATA REQUIRED BY THE PRIVACY AC.
AUTHORITY:
Title 10, United States Code, Section 3012(g)

PRINCIPAL PURPOSE:
ROUTINE USES: 1,.. To provide. commanders and jaw enforcement officials with means by which information may be accurately identified. Ybok4cial Security Number is used as en additional/aitemat
I DISCLOSURE:
e means of identificationDiselosure of your Soc

. i al Security Number is voluntary. to facilitate filing and retrieval.
.
LOCATION
ORGANIZATION OR ADDRESS
6 5-
b 7e.
„

PART I - RIGHTS WAIVER/NON-WAIVER'' ERTIFICATE
Sectibn A. Rights
The investigator whose name appears below told me that he/she is with the United States Army
suspected/accu se d: nd .nted to question me about the following offense(s) of which I am
A- /Cr.

Before he/she asked me any q ionskatuLt the offense(s), however, he
1. made it clear to me that I have the following rights:
I do not have to answer any question or say anything.

2.
Anything I say or do can be used as evidence against me
in a criminal trial.

3.
(For personnel subject othe UCMJ

I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me,
or both.

(For civilians not subject to the UCMJ) I
m have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with e during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and w ant one, a lawyer
will be
appointed for me before any questioning begins.

4. If I am new
• Willing to discuss the offense(s) under investigation, with or without a lawyer present, I have a right to stop answering questions at
speak privately with lawyer before answering further, even if I sign the wailer beloW.

any time, or

5.
COMMENTS
(Continue on reverse side;

Section B. Waiver
I
understand my rights as stated above. I am now willing to discuss the offense(s) under investigation and make
having a lawyer present with me. a statement without talking to a lawyer first and without
WITNESSES
(If available)

SIGNATURE OF INIE
1 AME . ;IT pg or Primo

6 7c.5---
N OR ADDRESS AND

2a. ype or Tint
D-NAME:OP.INV STIGATOR

b.
ORGANIZATION OR ADDRESS AND PHONE
OR pup

Section C. Non
-waiver

1.
I do not want to give up my rights
. I want a lawyei-
.

.1 do not want to be questioned or say anything

2.
SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT
(DA FORM 2823)

SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
)A FORM 3881, NOV 89
EDITION OF NOV 84 IS OBSOLETE USAPA 2.01
6514

DOD 002810

?ART II

-? V;WARNING F.FiOCZ:DURE
-THE WARNING
WARNING - Inform the suspect/accused of: can be a civilian you arrange for at no expense to the Government or a military
a.
Your official position.
lawyer detailed for you at no expense to you, or both.'

b.
Nature of offense(s):',

•
- OF -
c. The fact that he/she is ali.:,skict/accused.
(For civilians not subject to the UCMJ)

You have the rioht to tslk privately 1 0
RIGHTS - Advise the suspect/cused of his/her rights as follows: ,
I lawyer:

before, during, and after questioning and to have a lawyer present with"Before I ask you any questions,. you must understand your rights."
a. you durifig questioning. This lawyer can be one you arranoa for pt your own
You do not have to answer My questions or say anything.°
expense:. or if you cannot afford a lawyer and want one, a lawyer will beb. 'Anything you say or do can be used as evidence against you in a
appointed.
for you before any questioning begins.'
criminal trial.'
e.

c. if you are now willing to discuss the offense(s) under investigation,
(For personnel subject to the UCIVI..1) "You have the right to talk With or without a lawyer present, you have a right to stop answering
privately to oilawyer before, during, and after questioning and to questions at any time, or "speak privately with a lawyer beforehave ate—
.
rn .er present with you during questioning. This lawyer
' answering further, even if you sign a waiver certificate." Make certain the suspec
-Uaccused fully understands his/her rights.

THE WAIVER
"Do you understand your rights?'
'Do you want a lawyer at this time?"

I

(If the suspect/accused says "no,' determine what is not understood, and if (If the suspect/accused says ° yes," stop the questioning until he/she has a
necessary repeat the appropriate rights advisement. If the suspect/accused says
lawyer. If the suspect/accused says "no," ask him/her the following question.)

"yes,' ask the following question.)
'At this time, are you willing to discuss the offense(s) under investigation and

"Have you ever requested a lawyer after being read your rights?'
make a statement without talking to a lawyer and without having a lawyer

(If the suspePt/accused says 'yes,' find out when and where. If the request present with you?'
was recent Ilf the suspect/accused says "no,' stop the interview and
fewer than 30 days ago),

obtain legal advice whether to continue the '
have himiher.reacl and sign the non-waiver section of the waiver certificate on
interrogation. If the suspectlaccused says "no,' or if the prior

the other side of this form. If the suspect/accused says "yes," have him/her read
request was not recent, ask him/her the following question.)
and sign the waiver section of the waiver certificate on the other side of this form.)
SPECIAL INSTRUCTIONS'
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: If the
suspect/accused orally waives his/her rights but refuses to sign the waiver
certificate, you may proceed with the questioning. Make notations on the
waiver certificate to the effect that he/she has stated that he/she understands
his/her rights, does not want a lawyer, wants to discuss the offense(s) under
investigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY: In all cases the waiver certificate must be completed as soon as possible. Every effort should be made ­
to complete the waiver certificate before any questioning

begins. If the waiver certificate cannot be completed at once, as in the case of street interrogation, completion may be temporarily postponed. Notes should be kept on the circumspnces.
PRIOR INCRIMINATIVG STATEMENTS:
1. If the supsect/accused has made spontaneous incriminating statements before being properly advised of his/her rights he/she should be told that such statements do net obligate him/her to answer further questions.
COMMENTS (Continued) 2. If the suspectlaccused
was questioned as such either without being advised of his/her rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Staff Judge Advocate should be contacted for assistance in drafting the proper rights advise'.

NOTE:
If 1 or 2 applies, the fact that the suspect/accused was advised accordingly should be noted in the comment section on the waiver certificate and initialed by the suspect/accused.

WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR HER RIGHTS DURING THE INTERROGATION PROCESS: If during the interrogation, the suspect displays indecision about requesting counsel (for
example, 'Maybe I should get a lawyer.'), further questioning must cease immediately. At that point, you may question the suspect/accused only concerning whether he or she desires to waive counsel. The questioning may not
be utilized to discourage a suspect/accused from exercising his/her rights. (For example, do not make such comments as 'If you didn't do anything wrong. you shouldn't need en attorney.')
REVERSE OF DA FORM 38811
USAPA V2.01
DOD 002811

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: -
Title
•

USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943
PRINCIPAL PURPOSE: ISSN!,
To?.1:i.rovide commanders and law enforcement officials with means by which information may be accurateiy

ROUTINE USES:

seta,,­DISCLOSURE:

tip/ number is used as an edditionaliaiternate means of identification lo facilitate filing and retrieval. Disclosure,of your social security number is voluntary.
4. FILE NUMBER

5. LAST N E .FIRST NAME, MIDDLE NAMEb b 7 b7e_q b 7. GRADE/Ss b 6 5,
z.
RGANI-ZATION OR ADDRESS b 7c q
6 7C 51
-
b (0 14 b7 tif

, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
•.

During the morning of 13 July 2003, I was directing an observation post north of the city of Jaykana in the early morning hours
with the intent of detecting and distrupting illegal Iraqi checkpoint operations. Fnroute to the OP at 0300, we detained 4 perwho had 2 AK-47s and 180 rounds of ammunition in their vehicle. We secured these personnel and continued to the OP lso nnel
We maintained a
'ocation
guard on these personnel until we were able to arrange for transportation of the personnel back to the company
assembly area. Upon occupation of the OP, some of my soldiers found the body of a person that had apparently been robbed and
then executed. As the person did notappear to be Iraqi, I radioed back through my company CP to the Battalion TOC requesting
MPI personnel to investigate the crime scene. The last message I recieved from the BN TOC (at 0700) was that MPI personnel
were notified and that we were to remain on-site until their investigators arrived after that time. Shortly after 0700,
communications With the company CP and the BN TOC were disrupted due to daytime interference and distance

.between

communications stations. Following the last recieved instructions, my assets remained on-site and established a traffic control
point on HWY 2 near the crime scene. Around 1500, MPs arrived to transport the detainees to the company assembly area. The
personnel were loaded onto the MP vehicles and left for the compnay assembly area. Shortly after that, I returned to the company
assembly area with the tank section conducting the OP. Upon return to the assembly area, the 4 personnel detained earlier in the

day had been consolidated with another 10 personnel detained the evening before.
take them to Baqubah detention facility. When I arrived, the assigned guards were 4 detainees were awaiting transportation to

and

appeared to be stable. I recieved word over FM that I needed to call the BN TOC on D and the situation
the disposition of the dead body at the OP location. and reci e additional guidance
I left immediately to the MEK compo d to mak the phone call. When I on
arrived at the MEK compound, I heard a report of an accidental discharge resulting in the Lary of o e of the detainees. I
immediately requested a 3 vehicle convoy from the MPs at the MEK compound to transport e wo ded detainee to E/204th Med
CO.
ren I arrived at the location of the accident, the detainee had already been stabilized y the N Physician's Assistant,
and we transported the individual to E/204th Med CO.

6 Y -13 7 c q
5 6, 5-67 GS-
After I retuned from evacuating the injured detainee, I talked to the two guards involved in the incident and the sergeant of the

guard. The guards both stated that they realized that the w
ea • • n was on safe. When the weapon was passed fro n d d with the round chambered, but that they thought the
did State that his forger lightly touched the trigger when la ecievedt , they stated that the weapon discharged.

weapon from

eapon was. on safe. , but he assumed the A
6 7c S".• 6b .6 66,6 6 7c5-

67e
Later that evening, the company conducted weapons safety training in the assembly area and outlying locations in an effort to
prevent a similar event from happening in the future. In the future,policies and SOPS concerning weapons contro status, deta
operations,. and . l inee
guard force requirements will be modified and implemented to prevent future accidental discharge events from
occuring. Additionaly, all first line leaders have been counselled on the importance of enforcing appropriate weapons control
posture based'on the situation.
iw 6 4 4/1
6 f4
I .

10. EXHIBIT
1. INITIALS OF PERSON MAKING STATEMENT
PAGE 1 OF PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING °STATENIENT TAKEN AT.DATED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMEiVT, AND PAGE NUMBER
MUST BE BE INDICATED.
,..

DA FORM 282-3, DEC 1998
FORM.

2823, JUL 72,.iS.OBSOLETE
LISAPA V1.00 -
6,Y6(a -

STATEMENT OF

TAKEN AT 3 ?
4,
DATT-D
&c.t 1371. -71
9. STATEMENT
(Continued)
•

AFFIDAVIT
b hW b7 c

WHICH BEG N
S , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAW
?
D.LIC?ei?• .3 't
6 7c
g atement)

WITNESSES: 4
Subscribed and sworn to before me, a person authorized by law to administer oaths, this
day of at
ORGANIZATION OR ADDRESS
b 7c (/'
igna ure o erso.
min s e
(Typed Name of Person Administering Oath)

ORGANIZATION OR ADDRESS
(Authority To Administer Oaths)

INITIALS OF PERSON MAKING STATEMENT
6 ta 14 67 c
PAGE?

OF?

PAGE 3, DA FORM 2823, DEC 7998 PAGES
USAPA „I.00
658

_ _._
,

SWORN STATEMENT?
,..
..:se of this form, see AR 190-45; the proponent agency is ODCSOPS
AUTHORIP1: PRIVACY ACT STATEMENT
Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943
PRINCIPAL PLIROSE:
To ISSNI­

ROUTINE USES: -snyidecommanders and law enforcement officials with means
by which information may beccurately

Yo,4Tssoial security number is used as an additional/alternate means ofDiacbsure. ­
DISCLOSURE:

of your social security number is identification lc !scllitate Iiiing and retrieval.
1. LOCATION s voluntary.
Iraq MC 603736 2. DATE (YYYYMIvIDDI
13. TIME

5. 13 JUL 03 4.' NUMBER
LAST NAME, FIRST NAME, MI 1800
DLE NAME

6. SSN
6 it =

7. ,'GRADEiSTATOS RGANIZAtION OR ADDRESS • 7c
g 7C
64 19 7c-f
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
kri4
On 13 JUL 03 around the time of 1745 the front gate called for a medic to the front gate 5--d.6 7c5°
As my duty responsibilites include Sergeat of the Guard, ,
aid. The'other EPW 's were still in thq room. I . I ran to the front gate. I found ea w e the\EPW's were being held. Glared the room. Medical perkrine andftIIIIIIMIP doing first the room. I then hadlialeand,.., clar their we ns while medical perkianell applied first aid to the wounded Iraqi.
r on site by the time I cleared
7c 5-?

Of note, as SOG, I had both :ig dimei#1 iptoq b 7 c`f
5-15 minutes 6
or 7 duringW:n

e/EPW r o radio checks with the CP every 1/2 hour and I personally talked with them for
guard shifts to ensure that the EPW and soldiers needs were met.
6, g h7c.c

/\/.. 71-4 ;,10-2^o 7/0
10. EXHIBIT
11. INITIALS OF

° ERSON MAKING STATEMENT
b lo o PAGE 1 OF
1
b7c-PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING °STATEMENT
.TAKEN AT.
DATED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED..
•

DA FORM 2823, DEC 1858 • *•
DA FORM 2823, JUL 72, IS OBSOLETE ..
'SARA

STATEMENT OF

TAKE-N :AT
. ?0 ?
1 3
DATED
9. STATEMENT
(Continued)

6 (1 6 7 c_ AFFIDAVIT
? HAVE READ OR HAVE HA REA TO ME?
D

WHIG BEGINS ON PA 1 AND ENDS ON PAGE 1 . I FULLY U THIS
STATEMENTfNDERSTAND THE CONTENT S OF DTHE ENTIRE

STATEMENT MADE

BY ME. THE STATEMENT IS,TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR EWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENC a, OR LAWFUL INDUCEM
T.
64L 6 7c--
a urea erso
aking•Staternent)

WITNESSES: Subscribed and sworn to before me, a person authorized by law to administer oaths, this
13 day of JUL , 03 at

ORGANIZATION OR ADDRESS
661 67cy h62
(Typed Name of Person Administering Oath)

ORGANIZATION OR ADDRESS
(Authority To Administer Oaths)
6 ,1 k) -7c

INITIALS OF PERSON MAKING STATE
PAGE 1 OF?
PAGES

PAGE 3, DA FORM 2823, DEC 7998
DOD 002815

4 1 SWORN STATEMEAT
For use of this form, see AR 190-45; the proponent agency is ODCSC.,
IPS •
AUTHORITY: PRIVACY ACT STATEMENT
Tine 10 USC Section 301 ;
PRINCIPAL-PURPOSE.: Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943

(SSN1.

ROUTINE USES: provide commanders and law enforcement offilais with means by which Information may be 3cCurstery
-7-Your social security number is
DISCLOSURE:

used as an aciditional/aite.mete means pf Idertif:cation iro facilitate filing and retrii?Disclosure of your social security number is voluntary.
1. LOCATION
Iraq MC 603736 2.: DATE (VYYYMMDD)

3. TIME
13 JUL 03 4. FILE NUMBER
1800, •LT NAME, Fl; ST NAME, MIDDLE NAME
6. SSN
b 4,6t 6 7c_ Li
6 6 '1 7. GRADEJ,STAILIS,8- ORGANIZATION OR

DDRE S b 7c
b'eg;'4.ri

6 64/ b 7 cci
I
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

6taq ID 7c-Li Approximateley 1730-1800 hr I morIj1red the radio that a POW had been shot. The exact w ds were "I think a POW s bee:
b6Y b7c
shot I instructed my medic
.

to gr b my aid g and we ran to g
Iraqi detaee was lying his back. xpostire of the wound revealed a small entry woun lower right back. We -.:.
the uard house where the detainees were eidc.
and myself) bandaged the wound, stabilized the patient, and requested an escort of IVEP's in a non-standard vehicle for Pa-evacuation. Dust-off was also requested in case it was needed. The patient was stable upon leaving the B/3-67 AA via MP01 non-standard evac HMMWV and MP escort vehicles. Patient was evacuated to Baqubah airfield to E 204th Medical Company.
.

It was determined a that an exit wound existed in the thigh and re-entry into the anlde superficially. The bullet was not distorted
suggesting no bone contact. The angle of the exit wounds sOggests the weapon was pointed in a downward direction.
— .b 6, 64- 10 7Gtf
-..

10. EXHIBIT
11. INITIALS OF PERSON MAKING STATEMENT
1
PAGE OF ?0
PAGES

ADDITIONAL PAGES MUST COIVTAIN THE HEADING °STATEMENT
.TAKEN AT.
DATED

-THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE SE IAIDICATED.
DA FORM 2823, DEC 1998?
'

DA FORM 2823, JUL 72, IS OBSOLETE .
USAPA Y1.00
6590 ,„

_ STATEMENT
ATEMENT OF
30 7

TAKEN AT DATED
9. STATEMENT b
(Continued) 137 c Li
•
10 -764,

lag b6,(-1 -66(7 ,L 7cf,
6 q b 7 C

AFFIDAVIT
I,

WHICH 13E0INS ON PAGE 1, AND ENDS ON PAGE 1
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENTBY ME. THE STATEMENT ?
I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLU NE, 0
?

INDUCE ENT.?
6 (, 1 I
'

4 a a e o erson a mg Statement)
WITNESSES:
b7c--q

Subscribed and sworn to before me, a person authorized by law To administer oaths, this
HC/3-67 AR 13 day of?JUL
at 03
ORGANIZATION OR ADDRESS
gna ure o
rson irmints
(Typed Name of Person Administering Oath)

ORGANIZATION OR ADDRESS
64
(Authority To Administer Oaths)

INITIALS OF PERSON MAKING STATEMENT
PAGE 3, DA FORM 2823, DEC 1998 PAGE 1 OF 1 PAGES
6
P VI.00

DOD 002817