Article 32 Investigation of John C. McKenzie

Art. 32 investigation. Gives an account of an incident of abuse where an Iraqi guard was placed at gunpoint and beaten by US soldiers. Recommends that SSG McKenzie be charged with Cruelty and Maltreatment and Assault with a Dangerous Weapon. It is also believed that SSG McKenzie might have been derelict in his duty as a supervisor when he failed to correct or report that his soldier had assaulted the Iraqi with his hand.

Doc_type: 
Investigative File
Doc_date: 
Saturday, December 8, 2001
Doc_rel_date: 
Tuesday, April 5, 2005
Doc_text: 

DEPARTMENT OF THE ARMY REPORT OF RESULTS OF TRIAL
For use of this form, see AR 27-10; the proponent agency Is TJAG
TO:
Commander-.

.
B Battery, 4th Battalion, ­
1st Armored Division

Baghdad, Iraq APO AE 09324

-

1.
Notification under R.C.M. 1101 and AR 27-10, paragraph 5-26 is hereby given In the case of the United States v.
McKENZIE, John C . • SSG, • B BTRY., 4th •BN, 1st FA, 3rd BDE, 1st AD
2. Trial by
general court-martial on
8 Dec 03 at Baghdad, Iraq
convened by CNICO Number

5 HQ,
1st Armored Division, APO AE 09324.

3. Summary of offenses, pleas, and findings:
CH
ART UCMJ SPEC BRIEF DESCRIPTION OF OFFENSE(S)
PLEA FINDING
THE

THE Assault with a loaded firearm Not

128 . Guilty

Not Guilty

4.
SENTENCE: None .

5.
Date sentence adjudged: None.

6.
Contents of pretrial agreement concerning sentence, if any: None.

Number of days of presentence confinement, if any:
7. None.
8.
Number of days ofjudge-ordered administrative credit for illegal presentence confinement or restriction found tantamount to confinement, if any:
None Total present confinement credit towards post-trial confinement:
9. None.
10. Name(s) and SSN(s) of companion accused or co-accused, if any: None,
CF: Commander
SJA
4th Battalion, 1st Field Artillery 1st Armored Division.

Baghdad, Iraq .APO AE 09324

aghdad, Iraq APO AE 09324

TYPED NAME
NK
CH OF SERVICE
CPT

JA

DA FORM 4430-R, MAY 87 (EG) EDITION OF OCT 85 IS OBSOLETE
002159
DOD 001118

EttP

P.
CHARGE SHEET V -
I - PERSONAL DATA

I. NAME OF ACCUSED (Lau, First, Middle Initial) 2. SSN 3. GRADE OR RANK 4. PAY GRADE
.
McKenzie, John C. V SSG -E6
5. UNIT OR ORGANIZATION 6. CURRENT SERVICE ..
..„„,c,
• Bravo Battery, 4th Battalion, 1 51 Fie[d Artillery a. INITIAL DATE V b. TERM Baghdad, Iraq - APO AE 09324 20001208 6 years
V
7. PAY PER MONTH . 8, NATURE OF RESTRAINT OF ACCUSED 9. DATE(S) IMPOSED .
a. BASIC -b. SEA/FOREIGN DUTY c. TOTAL
$2,400.90 None $2,400.90 None.
None.
-. IL CHARGES AND SPECIFICATIONS-
10. CHARGE I: VIOLATION OF THE UCMJ, ARTICLE 93.
THE SPECIFICATION: In that Staff Sergeant (E6) John C. McKenzie, U.S. Army, at or near Bagh ac,cl fIA-aq on orabout .1,_ ; e . Ie . as cruel toward a .-.... .4 ec is • d-ev
-Sflo• D 1 4 4 -. -_ ysi i -- c. -So
. - - : • . nerg••••i• 0 • . e 'eZ;
9its -_ - "d 17 &a an tiour-a-,•-;-. e - - ', :. z . _ • - .
4kC
tVIDD 0.47

1° tr75115
CHARGE II: VIOLATION OF THE UCMJ, ARTICLE 128.
-. .
THE SPECIFICATION: In that Staff Sergeant E6 John C. McKenzie, U.S. Army, -did at or near Baghdad, Iraq, onor about 21 June 2003, commit an assault upon by pointing at him with a dangerous weaponlikely to produce death or grievous bodily harm, to wit: a loaded firearm.
.
.
. .



III. PREFERRAL
I l a. NAME OF ACCUSER (Last. First, Middle Initial)
b. GRADE c. ORGANIZATION OF ACCUSER
.
.
411111111110.1 MAJ V HHC, 3 1'1-Brigade
d. SIGN ' , cV
e. DATE (YYYYMMDD)
,2,6034)?/9
.
.
AFFIDAVIT: Before me, the undersigned, atjthorized by law to administer oaths in cases of this character, personally appeared the
above named accuser this h day of ,Seal) bei• , 111,) 3 , and signed
the foregoing charges and specifications under oaththat he/she is a person Subject to the Unifo'rrn Code of Military Justice and that he/she either has personal knowledge of or hasinvestigated the matters set forth therein and that the same are true to the best of his/her knowledge and belief.
HHC, 3 rd Bde, 151 AD
7)ped Name of Officer Organization of Officer
CPT
Trial Counsel
Grade
Official Capacity to Administer Oath (See R.C.M. 307(b) - must be a commissioned officer)
Signature
TIT1 EY11,7l1 AGO nri . yr wrinn
11-10N IS OBSOLETE.
12.
On 20 g.tor2r : , 21:1433r , the accused was infOrmed of the charges against him/her and of the names) of the accuser(s) known to me
(See RCM. 308 (a)). (See R.C.M. 306 if notification cannot be trade.)

-B Btry, 4-1 FA
Typed Name of imme 'ate ommander . •
Organization of Immediate Commander
IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY
13.
The sworn charges were received at
hours, .,2d _5E707: .
2r, 3 at
HQ, 4-1 FA
Designation of Cotranand or
Officer Exercising Summar9 Court-illartial Jurisdiction (See RCM 403)
FOR THE
Commander
Typed Name of Officer Official Capacity of Officer Signing
LTC

C lannumaimpr
Grade
Signature
V. REFERRAL; SERVICE OF CHARGES
14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY
b. PLACE
c. DATE (YYYYMMDD)
HEADQUARTERS, 1st ARMORED DIVISION
BAGHDAD, IRAQ
20031114
Referred for trial to the general court-martial convened by
Court—Martial Convening Order Number 5,
this headquarters,
dated
20 August
2003 , subject to the following instructions : 2
'?)' COMMAND of BRIGADIER GENERAL DEMPSEY
Command or Order
11.111111111111111 Military Justice
Typed Name of Officer Official Capacity of Officer Signing
MAJ
Grade
1111111111110:
Signature
15.
On
I (caused to be) served a copy hereof on (each of) the above named accused.

Typed Name of Trial Counsel . CPT Grade or Rank of Trial Counsel
Signature
FOOTNOTES: 1 — When an appropriate commander signs personally, inapplicable words are stricken.
— See R.C.M. 601(e) concerning instructions. If none, so state.
DD FORM 458 (BACK), MAY 2000
.
00216 1
DEPARTMENT OF THE ARMY
HEADQUARTERS, 1ST ARMORED DIVISION BAGHDAD INTERNATIONAL AIRPORT COMPLEX . UNIT 93054 APO AE 09324
-COURT-MARTIAL CONVENING ORDER 1 December 2003
NUMBER 9
The following members are detailed to the Special Court-Martial empowered to adjudge a bad-conduct discharge convened by Court-Martial Convening Order Number 5, this headquarters,dated 20ugubral of United States v. SSG John C. McKenzie,
—X----7si213,TE
Battery B, 4th Battalion, 1 st Field Artillery, 1 st Armored Division only:.
CSM 1111111111111111111111.HHT, 1-2 ACR (L)

CSM .HHC, 47 th FSB, lAD
Vice
CSMMEEmmilleil AR EN BDE
SGM HHC, 2d BDE, 82d ABN
BY COMMAND OF BRIGADIER GENERAL MARTIN E. DEMPSEY:

DISTRIBUTION:
Each Indiv Conc (1) MAJ, JA
Record of Trial (1) Chief, Military Justice

Record Set (1)
Reference Set (1)

002162

CORRECTED COPY
DEPARTMENT OF THE ARMY
HEADQUARTERS, 1ST ARMORED DIVISION
BAGHDAD INTERNATIONAL AIRPORT COMPLEX
APO AE 093244054

COURT-MARTIAL CONVENING ORDER
NUMER 20 August 2003 .
5
A general or special court-martial is converted with the following members and shall meet at a
location to be determined: HHC, 4th BDE, I ADCOL
.111111111111111,11HT, 2ACR (L)LTC . HHB, 2-3 FA
LTC
, HHC, 2 BDE
LTC
HHC, 501st MI BN
MAJ

MC, 1 AD
MAJ
HIIC, 1457th EN BNCPT HSC, 389th EN BNCPT
I-H-1C, 1st BCT, IAD
In the event
the accused submits a request pursuant to Article 25c, UCMJ, that the court
composed of be
at least one-third enlisted members, the officers not named below are excused and the court will be composed of the following officers and enlisted members:
COI.
COI. MIT, 2ACR (L) HHC, 4th BDE, IAD
LTC r 4 HHB, 2-3 FA HHC, 50 I st MI BN
CPICSM SGM , 389th EN BN AR EN BDE HHC, 2ND BDE, 82ND ABN

MSGISCBEGENallma RHET, 2ACR
SFC
HHC 1-6 IN
All cases referred to the general or special court-martial convened by Court-Martial Convening
Order Number 17 or 18,
this headquarters, dated 8 December 2002 in which the court has not yetbeen assembled, will be brought to trial before the court-martial hereby convened.
BY COMMAND OF BRIGADIER GENERAL DEMPSEY:
DisTRII3UTION:
Each Indiv Cone ( I ) MAJ, JARecord of Trial (1) Chief, Military Justice
Record Set ( I ) Reference Set ( I )
002163

DEPARTMENT OF THE ARMY
HEADQUARTERS, 3RD BRIGADE COMBAT TEAM, 1 S:r ARMORED DIVISION
BAGHDAD, IRAQ
UNIT 92940, APO AE 09324-2940

REPLY TO
ATTENTION OF:

AFZN-BB-CO
3 Nbvember 2003
MEMORANDUM THRU Staff Judge Advocate, 1st Armored Division, Baghdad, Iraq
FOR Commanding General, 1 st Armored Division, Baghdad, Iraq
SUB JECT: Disposition of Court Martial Case (U.S. v. SSG John C. McKenzie)
1. This memorandum is to inform you of the results of a recently completed Article 32
investigation in the case of U.S. v SSG John C. McKenzie and to discuss with you my
preference for the disposition of this case.

2. Staff Sergeant McKenzie was charged on 19 September 2003 with a violation of Article 93, UCMJ, for maltreatment of a detainee, and with a violation of Article 128, UCMJ, for assaulting the same detainee. The Article 32 investigation for this case was conducted on 22 October 2003. This investigation found reasonable grounds to believe that SSG McKenzie committed the Article 128 offense, as well as a variation on the charged Article 93 offense. It also found reasonable grounds to believe that SSG McKenzie violated Article 92, UCMJ, for
• being derelict in his duty to correct a subordinate soldier's maltreatment of the detainee. The
recommendation of the investigating officer was that the case be referred to a Special Court-
Martial empowered to adjudge a Bad-Conduct Discharge.

3.
Despite this recommendation, it is my preference that I handle this case with a Field Grade
Article 15. Although the charges in this case are serious, this appears to be the only
indiscretion by the noncommissioned officer in qUestion. In fact, even the witnesses against
him stated that he is "by the book" and always sets the standard. I feel a Field Grade Article 15
is appropriate for this offense considering the circumstances surrounding it.

4.

This case has not previously been referred to you for disposition. I will await word from you as to whether my intended resolution of this case is acceptable before executing any nonjudicial punishment, and will understand if you decide to pull the case up to your level for a court-
martial.
COL, AR Commanding
002164

INVESTIGATING OFFICER'S REPORT
(Of Charges Under Article 32, UCMJ and R.C.M 405, Manual for Courts-Martial) '
FROM:
(Name of Investigating Officer -.
b. GRADE
c. ORGANIZATION
Last, First, MI)
b. DATE OF REPORT
HQ,

3 rd Brigade Combat Team
1st Armored Division
?a. Baghdad, Iraq APO AE 09324

TOL; _(Name of Officeriwho directed the 28 Oct 2003
b. TITLE
hivestigation , Last, First, MI) c. ORGANIZATION
.
HQ, 3rd Brigade Combat Team
1st Armored Division

onI I I • IIII I I I I I I MIN 111 I II I In Ma
Ia. NAME OF ACCUSED (Last, First, MI) Baghdad, Iraq. APO AE .09324:
b. . GRADE .
. SSN
d. ORGANIZATION
.e. DATE OF CHARGES
4cKENZIE, John C. E6 B Battery, 4-1 FA

Baghdad, Iraq

19 Sep G3

(Check appropriate answer)
YES NO
. IN ACCORDANCE WITH ARTICLE.32, UCMJ, AND R.O.M. 405, MANUAL FOR COURTS-MARTIAL,
I HAVE INVESTIGATED THE CHARGES APPENDED. HERETO (Exhibit 1)

.X
. THE ACCUSED WAS REPRESENTED BY COUNSEL (If not, see 9 below)
UNSEL WHO REPRESENTED THE ACCUSED WAS

. QUALIFIED UNDER R.C.M. 405(d)(2), 502(d)
a. NAME OF DEFENSE COUNSEL (Last, First, MI) X
lb. GRADE

ZUSH, Brian. Ba. NAME OF ASSISTANT DEFENSE COUNSEL (11 any)
03 b. GRADE
. ORGANIZATION
(If appropriate)
c.
'DS ORGANIZATION (If appropriate)
'DS °SALSA Field .Office

. ADDRESS (If-appropriate)
:amp Vi ctory ADDRESS (If appropriate

d.
C thdad, Iraq

1.0
be signed by accused if accused waives counsel. If accused does not sfn, investigating officer will explain in detail in hem 21.)
°LACE
b. DATE
I HAVE BEEN INFORMED OF MY RIGHT TO BE REPRESENTED IN THIS INVESTIGATION BY COUNSEL, INCLUDING MY RIGHT TO CIVILIAN OR MILITARY COUNSEL OF MY CHOICE IF REASONABLY AVAILABLE. I WAIVE MY RIGHT TO COUNSEL 114 THIS INVESTI­
GATION.
SIGNATURE OF ACCUSED
J. AT THE BEGINNING OF THE INVESTIGATION I INFORMED THE
ACCUSED OF:

(Check appropriate answer)
THE CHARGE(S) UNDER INVESTIGATION .
YES. NO IDENTITY OF THE ACCUSER THE RIGHT AGAINST SELF-INCRIMINATION UNDER ARTICLE 31 THE PURPOSE OF THE INVESTIGATION THE RIGHT TO BE PRESENT THROUGHOUT THE TAKING OF EVIDENCE THE WITNESSES AND OTHER EVIDENCE KNOWN TO ME WHICH I EXPECT TO PRESENT THE RIGHT TO CROSS-EXAMINE WITNESSES THE RIGHT TO HAVE AVAILABLE WITNESSES AND EVIDENCE PRESENTED THE RIGHT TO PRESENT ANYTHING IN DEFENSE, EXTENUATION, OR MITIGATION THE RIGHT TO MAKE A SWORN OR UNSWORN
STATEMENT, ORALLY OR IN WRITING
a. THE ACCUSED AND ACCUSED'S COUNSEL WERE PRESENT THROUGHOUT THE PRESENTATION OF EVIDENCE
Or counsel were absent during any'part of the presentation of evidence, complete h below.)
(If the accused
STATE THE CIRCUMSTANCES AND DESCRIBE THE PROCEEDINGS CONDUCTED IN THE ABSENSE OF ACCUSED OR COUNSEL
NOTE: If additional space is required for any item, enter the additional materialin Item 21 or on a separate sheet. Identify such material with the proper
numerical and, if appropriate, lettered heading (Et 00216-5
-ample: "7c
the form: "See additional sheet," -.) Securely attach any additional sheets to
the form and add a note in the appropriate item
of
DD FORM 457, AUG 84 (EG)
EDITION OF OCT 69 IS OBSOLETE
12a. THE FOLLOWING WITNESSES TESTIFIED UNDER OATH:
(Check appropriate answer)
NAME Last, First, MI
GRADE an ORGANIZATION/AD DRESS
hicherer is a..ro Mate
B Batt, 4-15

Field Artillery
Baghdad, Iraq APO AE 09324
B Batt,4-15

Field Artillery
Baghdad, Iraq APO AE 09324

B Batt, 4-15t Field Artillery
Baghdad, Iraq APO AE 09324

B Batt, 4-15t Field Artillery

Baghdad, Iraq APO AE 09324.
B Batt, 4_15t Field Artillery
Baghdad, Iraq APO AE 09324
(SEE CONTINUATION SHEET 1)

3
THE SUBSTANCE OF THE TESTIMONY OF THESE WITNESSES HAS BEEN REDUCED TO WRITING AND IS ATTACHED.
13A. THE
FOLLOWING STATEMENTS, DOCUMENTS, OR MATTERS WERE CONSIDERED: THE ACCUSED WAS PERMITTED TO

EXAMINE EACH.
DESCRIPTION OF ITEM
Sworn Statements of SGT LOCATION OF ORIGINAL

lino! attached)
.gt.t..")dtd 21 Jun 03 and 27 Jun 03 Office of the Staff Judge
Worn Statements of SGT Advocate, 15t Armored Division
Office of the Staff Judge

dtd 21 Jun 03 and 27 Jun
;worn Statements of SPC Czaimmi -03 Advocate, 15t Armored Division
Office of the Staff Judge

ltd 21-Jun 03 and 27 Jun 03

-

Advocate, 1st

worn Statements of'SPC 0111111111. ArMored Division
ltd 21 Jun 03 and 27 Office of the Staff Judge

-Jun 03

(T
orn Statements of SPC Advocate, 1st Armored Division
121 Jun 03 -Office of the Staff-Judge

and 27 Jun 03

Advocate, lst

Armored Division
,EE CONTINUATION SHEET 1) Office of the Staff Judge

EACH ITEM CONSIDERED, OR A
Advocate, 15t Armored Division

RECITAL
SUBSTANCE Vr
4. OR NATURE
THERE ARE GROUNDS TO BELIEVE THAT THE THEREOF, IS ATTACHED
OR NOT COMPETENT TO PARTICIPATE

ACCUSED WAS NOT MENTALLY RESPONSIBLE FOR THE.OFFENSE(S)
IN THE DENSE
FE
(See R.C.M. 909, 916(k).)
3.
THE DEFENSE DID
REQUEST OBJECTIONS TO BE NOTED IN THIS REPORT

(If Yes, specify in hem 21 below.)
3. ALL ESSENTIAL WITNESSES WILL BE AVAILABLE IN THE EVENT OF TRIAL
7.
THE CHARGES AND SPECIFICATIONS ARE IN PROPER FORM
3. REASONABLE GROUNDS EXIST TO BELIEVE THAT THE ACCUSED COMMITTED THE OFFENSE(S) ALLEGED
7
.ze R.C.M. 405(d)(1).
/CM NOT AWARE OF ANY GROUNDS WHICH WOULD DISQUALIFY ME FROM ACTING AS INVESTIGATING OFFICER.
). I RECOMMEND:

TRIAL BY
. SUMMARY
. El SPECIAL
OTHERYSpecify in hem 21 below) .
GENERAL COURT-MARTIAL
REMARKS (Inc
lode, as necessally, explanation for any delays in the investigation, and explanation for any "no answers above.)

F

. FORM O THE CHARGES.

It is my certainty based upon the written and oral-testimony provided
the witnesses that the two charges are in proper form and that there are by
easonable grounds to believe that Staff Sergeant John C. McKenzie did in fact
commit the offenses alleged; however, based upon evidence presented, I
recommend several amendments to the form of the charges and their
specifications. I recommend that Charge I, Violation of Article 93, UCMJ,
ruelty and maltreatment, be amended to substitute the specification addressed

..n the following paragraph and also recommend that the specification of Charge
I be dismissed for reasons addressed in the second paragraph of the
(SEE CONTINUATION SHEET 2)

a. TYPED
NAME OF INVESTIGATING OFFICER b. GRADE c. ORGANIZATION
HQ, 3rd BCT, 1st AD Baghdad, Iraq APO AE 09324
0021;6
CINTINUATION SHEET

.

1, Db FORM 457, PERTAINING TO SSG McKENZIE, John C.,'0 AE 09324B Battery, 4 th Battalion, 1 st Field Artillery Regiment, Baghdad, Iraq •
Item 12a, continued:
1191,731,Kmficsi=p0 .
01111111111111111111111111.11.11 6111111111111111.°1111101.111M
11111111111111¦mme
r

ii=21121=1111.
;tem 13a, continued:
DESCRIPTION OF ITEM
,orn Statements of PFCCOMO ..cd 21 Jun 03 and 27 Jun 03
worn Statements of PFC limume itd 21 Jun 03 and 28 Jun 03
.;worn Statements of
PFCIIMMEM

itd 21 Jun 03 and 28 Jun 03

F Statements of SPC dtd 21 Jun 03 and
:worn Statements of PFC4Mans itd 21 Jun 03 and 27 Jun 03
thotographi- (18)
GRADE (If ar71;
ORGANIZATION/ADDRESS (Whichever is anpropriare.

YES .
E3 NO B Batt, 4-1 st Field Artillery
X
Baghdad,
• Iraq APO AE 09324
E3 H Batt, 4-1 st Field Artillery X
Baghdad, Iraq APO AE 09324

E3 B Batt, 4-1 st Field Artillery XBaghdad; Iraq APO AE 09324
E4
B Batt, 4-1st Field-Artillery
X
Baghdad, Iraq APO AE. 09324
Civilian Khalif Baghdad Harthia, House 44
X
Baghdad, Iraq
LOCATION OF ORIGINAL (!fn, criached)
YES
•Office of the Staff
1 st Armored Division
Baghdad, Iraq
Office of the Staff
1 st Armored Division
Baghdad, Iraq
Office of the Staff -1 st Armored Division
Baghdad, Iraq Office of the Staff 1 st Armored Division Baghdad, Iraq
NO
Judge Advocate,
X
Judge. Advocate,
X
Judge Advocate, Judge Advocate,
X
Office of the Staff Judge
Advocate,
1 st Armored Division Baghdad, Iraq X
002167

CONTINUATION SHEET 2, pp

FORM 457, PERTAINING TO SSG McKENZIE,-John C.,
APO AE. 09324 B Battery, 4th Battalion,• 1st Field Artillery. Regiment, Baghdad, Iraq

-

em 21, continued.

Dismissed for reasons addressed in the second paragraph of the discussion. I also
recommend that one additional charge, Violation of Article 92; UCMJ, Dereliction in
the Performance of Duties be preferred against Staff Sergeant McKenzie. The Witness

testimony and evidence supporting the charges, recommended amendments

dismissals are discussed below. -, and/or

-1. Charge I, Violation of Article 93, UMW

-

(Cruelty and Maltreatment)_.

This paragraph addresses my.recommendation to substitute the specification to
2harge I. While I do believe that reasonable grounds:exist to believe that .Staff
Sergeant McKenzie violated Article 93, UCMJ (Cruelty and Maltreatment), I. do

not

believe that he is guilty of the offense as it is stated on the charge sheet. The
specification as it is stated, charges that Staff Sergeant McKenzie was cruel toward

"What ha by "laughing at [him] after he was assaulted...and saying to
ppened, -did you.fall and break your nose?" I do not believe that the
avidence supports the charge that Staff.Sergeant McKenzie was cruel in this manner.

do not believe that-what basically amounted to "teasing"
.evel of cruelty. Laughing at someone is not a crime and raises to the
cou not

understand the words that were being stated regardless. I do not believel td hat
tots could not meet the second element of Article 93. these

While I do not believe there are reasonable grounds to charge Staff Sergeant

Kenzie for cruelty ­as that specification is stated, I do believe that there are

sonable-grounds to believe that he did commit the offense. There is credible

evidence that Staff Sergeant McKenzie. attempted to persuade MENCESEM
.operable pistol while he was-sitting on the ground and with weapons pointed an
dm. I believe that Staff Sergeant McKenzie did:this because he knew that at:
elegliacceptance of the pistol would justify having the other soldiers shoot him.

(31=1--­
testified that he believed thatILEould be killed if he accepted the

'istol, and two other witnesses, Specialist 111111111111pand Private First

Class

testified that they overheard Staff Sergeant McKenzie Say "take

it so w

.an shoot you," or words to that effect. In addition, a few other witnesses we
estified that they believed Staff Sergeant McKenzie would shoot, engage or

harm

EaMmaili if he accepted the pistol. Byplacing
ti„...A fear of.imminentdeath or bodily harm, he engaged in a type of ment in

• y Staff Sergeant McKenzie that I believe would meet the cruelty element al torture

ffense that

-was of the

etainee and had tosubject to the orders.of the accused. The-victim was a

-

obey the orders of his detainer. Staff Sergeant McKenzie was the

enior ranking individual at the scene, so VIIIMMINft

ct

Although i do not believe that the statement "whatwas subject .

happened, did you orders

fall and

reak your nose?" rises to the level of cruelty by itself, I do believe that the
tatement may be indicative of some other type of physical Maltreatment

of

by someone in the group. I believe that he may have made the statement to
rovide an explanation for physical signs of maltreatment on the victim. However, I

o not believe that there is sufficient evidence to suggest that Staff Sergeant

cKenzie himself inflicted this damage.

L. ,

Charge II, Violation of Article 128, UCMJ (Assault with a Dangerous Weapon)

This paragraph addresses my reasonable belief to that Charge II, Violation of
128, UCMJ, Assault with a Dangerous Weapon, is in proper form, that all the
.ements required to substantiate the charge have been met, and that credible
itness testimony and sworn statements support the charge.

(SEE CONTINUATION SHEET 3)

002168
B Battery, 4thBattalion, ,

APO AE 09324. lst Field Artillery Regiment,

-Baghdad, Iraq..

/`.em 21, continued..

. .
-aich are the basis of.Charge II, took place sometime after the detainment of
outside the building he was guarding, but prior to the incident where SIM
struck him in the face.

le sequence of events based upon the evidence gathered shows thatthe.actions,

Be .

.

sidesIONINIMOMMINI it is believed that there were only five'other soldie

at the scene;IStaff Sergeant McKenzie
and

and oral testimony by 1111

1!!!!!!! statement

and a written statement by

both credible witnesses atwaggsmaiswe

-

McKenzie and another soldier taunting the scene, claim they saw Staff Sergeant

raise -c

by inatructing him

W

his head. Both-witnesses observed Staff Sergeant McKenzie pull to 1oer and

back the

charging handle of his M16A2 rifle presumably to chamber a round into the chamber of
his rifle and then aim his rifle at a distance of 6-12 inches away from...
L:=2:phead. Another credible witness, 911011011111114M,

staff Sergeant McKenzie aim his M16A2 at stated that he did see
allEMONMIS, but did not see hharge the

4e pon. SZZ:=::) also a'credible witness,.did not recall having seen Staff

gean

t McKenzie aim his weaponat lainailill. however, it

3 _ ieve t

.

is reasonable to

Delhat --,,,.: ,------ who was standing' twenty to thirty feet away from the

ietainee, may have been istracted momentarily as Staff Sergeant McKenzie ai

:ifle atliagalallall

med his

Although I do-not believe

Ln this cas

to be a credible witness

d

'badgered" I would like to acknowledge his testimony t at he and another soldier

and told him­
lefense counsel, to keep.his head down. When .questioned by the
s ated that he

I accused when he did not obey "our" command trained his waon on

ep

to keep his head down

. • The.

...-,d testimony leads me to believe that the other soldier was Staff Sergeant evidence

:Kenzie.

.'
There are other credible witnesses who did not recall having seen Staff

;ergeant McKenzie aim his

weaponataiN0111111. I- believe tong

:redible witness testimony can be explained by a lack discrepancy in

-

of personal knowledge of the

events. The above-mentioned witnesses lack of knowledge can be explained by the

'act that they were still in the process of searching nearby buildings or en'route

.o the site where the incident took place.

-: Recommended Charge, Violation of Artitle 92, UCKT (Dereliction in the Performance

uties).

Although it was not charged, the evidence uncovered during my investigation
rovided reasonable grounds to believe that Staff Sergeant McKenzie was derelict in
oldier,

is duty as a NCO supervisor when he failed to correct and to report that his

.

iolation of . , ha wrongfully assaulted

UCMJ, Article 92. Six witnesses whoseenannab, in

redible testified that after testi

mony I consider to be

allimmillin

the face with his hand causing him to bleed profusely fromhad struck

his

nd nose, Staff Sergeant'McKenzie took no action whatsoever. to correct or restrain mouth
j

ccounts of several witnesses, ins ead he

oked about the incident. According to the
esponded fully to the orders of the soldierss

wa at no time perceived a threat and he
detaining him. After the incident

,Rccurred, Staff Sergeant McKenzie failed to report this incident to his superiors,
he should have Instead, it was the soldiers who observed the incident who
brmed the battery first sergeant of what had happened. During the hearing,

stated that soldiers within the battery had received Rules of

.gagement.(ROE) training prior to deploying to Iraq.

(SEE CONTINUATION SHEET 4)

002169
B Battery,
APO AE 09324 4 th Battalion, 1st Field Artillery Regiment, Baghdad, Iraq
C— em 21, continued.
Because of this, I recommend that Staff Sergeant McKenzie be additionally
-aarged for the violation of.Article 92, UCMJ (Dereliction of Duty).

II.

FINDINGS FROM WITNESS TESTIMONY.

Of the 10 soldier witnesses who had previously submitted sworn statements aboutthe events of 21 June 2003, I found only 8 to be credible. I found the testimony of
.132211 eiiiiall/f/1///8/. 0111.1111111111111111111.

, and
to be credible because their respective oral testimonies were generallyconsistent with their previously submitted sworn statements. The oral testimony aid; however, tend to provide more illustrative detail of the events than did their
sworn statements.
-

The testimony of the alleged victim in this case,
IMIN01111111 seemed to be
7..redible and was consistent for the most part with the testimony of the other nesses. I will say however, that it appeared as if he exaggerated the events at
I did no find the testimony ofellaMaimemmema. andeallalligato be credible or convincing. acknowledg that
ed
the details in
statement were false. In this statement, he claimedhis first sworn
-to have seen nothing, but as
Jae written and oral-testimony of others would show, he was at or near every event
-elated to aggifilLimalr.gaLL_MeLenzit's_alleged misconduct. I also have little reason
Fla.believe wammiximmoisminimm
second( sworn
statement and
ause the recollection of events he describedany al testimony
-
did not resemble in
aLShion those presented by the other eight witnesses. y consistent With regard to the testimony provided by trong belief that the may have in fact violated Article 131 of the-UCMJ y I have a ommitting perjury during his examination in this Article 32 hearing. During his
ral testimony, I questioned amismemommaseraftwim about having seen Staff
ergeant McKenzie during the incident. He denied having seen Staff Sergeant
cKenzie at all until after he left the scene where the assault took place. This

estimony conflicts with
written statement

cknowledging that Staff Sergeant McKenzie was located -"somewhere behind
i 41 of the incident were he struck him" at the
in the fa
) I would like to state that
itness durin the course of the investigation, it came to my was not a cooperative

attention that
irivtualmr4
had agreed to testify truthfully about this incident in
xchange for disposition of his case with an Article 15. It is my belief that he
id not live up to his part of the bargain. He did not provide truthful and
ccurate testimony against or in support of Staff Sergeant McKenzie as agreed to in

he Memorandum of Agreement. In light of this, I believe that fine=ammans
IIIIIMINIvoided the
a
reement n recommend that formal action should be taken
4 1 mm
gainst WilMipleal111111111ame
II. RECOMMENDATION AS TO DISPOSITION

Disposition. I recommend that this case be referred to a special court-martialmpowered to adjudge a bad conduct discharge. These are serious crimes, which have (-- possibility of adversely affecting the image of the United States Army, and iffound guilty of these crimes at the court-martial, they
crimes worthy of a
Initive discharge. I believe that this level of disposition isre
aPpropriate
mish Staff Sergeant McKenzie and to deter other soldiers from engaging in thisto both
qoe of misconduct. Aware the chain of command, including yourself, recommend a
neral court-martial in this case, I believe that a special court-martial
(SEE CONTINUATION SHEET 5)

002170
CONTINUATION SHEET•5, DD FORM 457, PERTAINING TO SSG McKENZIE, John C.,
B Battery, 4th Battalion, 1st Field Artillery Regiment, Baghdad, Iraq

C10 AE. 09324 Ttem 21, continued.
cmpowered to adjudge a bad conduct discharge is a more appropriate level of
disposition considering Staff Sergeant McKenzie's years in service and previous

service record.
Summary.

-I recommend that you send the- following charges to the 1

st Armored Division

Commanding General, with a recommendation for referral to a special court-martial

empowered to adjudge a bad

-conduct discharge:
1.. Charge I, The Specification: Violation of the UCMJ, Article 93.
I recommend that this charge be modified to reflect the acts, which could be

zonsidered to be cruel.

Charge II, The Specification: Violation of the UCMJ, Article 128.
3( Additional Charge .

I, The Specification: Violation of the UCMJ, Article 92.
I

recommend that this charge be added, because the evidence provided reasonable

Jrounds to believe that Staff Sergeant McKenzie was derelict.

002171

C

TAB B
C •
002172

SUMMARIZED RECORD OF ARTICLE 32b INVESTIGATION
PERSONS PRESENT.
MAJ
Investigating OfficerCPT
Government RepresentativeCPT
, Defense Counsel Mr.
Translator
SS

C. McKenzie, Accused SPC
Reporter
PERSONS ABSENT
None.
The Article 32b Investigation convened at 0900 hours, 22 October 2003.
The Investigating Officer informed the accused that this was a formal investigation of the charges against
him ordered pursuant to Article 32b of the UCMJ by COIMIllalarespecial court-martial convening

authority.
The Investigating Officer stated that he had previously informed the accused of his rights regarding counsel
and that the accused indicated to him that he did wish to be represented by CPT

detailed-defense counsel, who was present with the accused.
The Investigating Officer stated that Majo was assigned as his primary legal advisor on30 September 2003, but on 21 October 2003 that Captain was appointed as his legal
advisor replacing Major gage
The Investigating Officer advised the accused that the sole purpose of the Article 32b Investigation was to
determine thoroughly and impartially all the relevant facts of the case. To weigh and evaluate those facts
and determine the truth of the matter set on the charges and make a recommendation concerning disposition

of the charges preferred against him.
The Defense Counsel waived the reading of the charges.
The Investigating Officer advised the accused of his right to remain silent concerning the offenses, of the
right to make a sworn or unsworn statement, and that such a statement could be used against him in a trial
by court-martial. The Investigating Officer further informed the accused of his right to present matters in
defense, extenuation and mitigation, and that anything presented by the accused would be considered and

weighed as evidence just as the testimony of any witness.
The Investigating Officer stated that the accused had been previously given a copy of the investigative file,
which has been compiled in the case. The Investigating Officer listed the items contained in the

investigative file.
The Defense attorney requested that the Investigating Officer allow counsel to review the charge sheetfurnished to him. There being no objection by the Government Representative, the Investigating Officer allowed the Defense Counsel to review his copy of the charge sheet.
The Investigating Officer stated that he intended to call as a witnesses INIMMINMINIMmilleBravo Battery, zl!" Battalion, 1
° Field Artillery Regiment: Bravo Battery, 4thBattalion, I st Field Artillery Regiment; Bravo Battery, 4 Battalion, Field
002173
Artillery Regiment;
Bravo Battery, 4th Battalion, 1 st Field Artillery Regiment;Bravo Battery, 4
4'' Battalion, 1 st Field Artillery Regiment; lijallf/allef
Bravo Battery, 4th Battalion, I s' Field Artillery. Regiment;Bravo Battery, 4 Battalion,
Field Artillery Regiment,Bravo Battery, 4th Battalion, I s` Field Artillery Regiment; anaqi citizen.
The Investigating Officer informed the accused that he had the right to cross-examine all witnesses, which testify at this hearing. The Investigating Officer further infonned the accusedof his right to call witnesses
on his behalf.
The Investigating Officer asked the accused if he had any questions concerning his rights in the
investigation.
The accused stated that he understood his rights in the Article 32b Investigation.
The Investigating Officer stated that would be eemed as reasonablyunavailable due to the witness being returned to the United States on environmental d leave. There being
objection from the Defense Counsel or the Government Representative, the Investigating Officer stated thatno
he would consider the sworn statement or -
ww -­
in his review of the investigation.
The Investigating Officer stated that the Government Representative would swear in the witnesses and the translator in this investigation. There was no objection from Defense Counsel.
The Defense Counsel performed voir dire on the Investigating officer.
The Government Representative asked both the Defense Counsel and the Investigating Officer if they were comfortable with the completeness of the investigative packet that they were given in this case. Both the Defense Counsel and the Investigative Officer stated that they felt comfortable with the completeness of the
packet that they received in this case.
The Government Representative made an opening statement.
The Defense Counsel made an opening statement.
The Investigating Officer also stated that currently would not
be called as a witness due to the fact that the soldier has legal counsel and his counsel has advised him not to testify at this investigation at the present time. The Government Representative informed all parties that ould only testify if an agreement was reached between the witness, his counsel, the Government Representative, and the Special court-martial convening authority. There was no
objection from Defense Counsel.
cammumiwas
called as a translator forellinmsme
translated the testimony of the witness. Oa he w as sworn and
CEMEEMENVEMMIla Baghdad Harthia, House 44, was called as a witness for the government,
was sworn, and testified through an interpreter in substance as follows:
QUESTIONS BY THE GOVERNMENT REPRESENTATIVE My name is ame.miummiI
prefer to be called...10 I was
guarding a bu ldingthat housed military artifacts on 21 June 2003. They were trying to make that place educatio
nal for tihe
youth of Iraq or as a health center for the Iraqi people. Me and one other man normally guard the building. I forgot the date that American forces came to the building and did a search of its interior. I do remember
002174

that the date the American forces came to the building that I guard was in June. On the day the American
forces came, I was the only guard at the building.
QUESTIONS BY THE INVESTIGATING OFFICER
I was the only guard at the museum that day, but normally there are two of us.
QUESTIONS BY THE GOVERNMENT REPRESENTATIVE
I was lying orrik_couch because it was a very hot day. I heard a lot of noises outside, so I got up and went
outside to look and see
-
where the noise was coming from. I saw a lot of American forces and tanks when I went outside. The soldiers started screaming at me to get out of the building, but I did not realize that they were talking to me at first. At this time, there were two soldiers with their rifles pointed at me. The two soldiers came in the building and told me to get outside, so I came out of the building. They had me lay
down on the ground so that they could search me. After they had searched me and found nothing, they told
me to get up and sit on a chair while some of the forces moved inside the building. I was not wearing a
uniform that day when the American forces came to the museum because this all happened before we were
issued uniforms. The soldiers had me sit down against some type of aluminum post as the other soldiers
conducted some type of operation. Five of the soldiers stayed outside and guarded me, while the others
went inside the building. I was thinking that the five soldiers uardin me where goin • to shoot me at any

Mlt
minute. The soldiers were talking to one another with their weapons pointed at me, but I could not
understand what they were saying. The soldiers did bring some of the weapons from the museum outside.
The building I was guarding was a military museum: It had a lot of old weapon systems inside. One of the
soldiers brought a levolver pistol out of the building and asked me what it was. I told the soldier that it was
an old revolver pistol. Later on, one of the soldiers had brought someone that could speak Arabic over and
I told him that the revolver was an old pistol. I was told that there had been some resistance towards

American forces the area around the museum, and that some of the coalition forces had been attacked from
this area. The soldiers asked me if I knew anything about it. I told them that sometimes thieves and
robbers come into the museum to still because they know that weapons are in there. Sometimes, I try to
stop the thieves from stealing the weapons. There was about a foot and a half distance between my head
and the weapons the soldiers had pointed at me. The soldiers did make me put my head down and close my

eyes. I d.
remember a soldier putting his weapon to m head, but that did not occur until after one of the
_soldiers hit me. After the soldiers had searched the building and broug t e weapons out of it, I was then
struck by one of them. After I was surrounded, one of the soldiers showed me his bayonet by pulling his

knife out as if to say that he was going to stab me. Two soldiers were standing beside me, when a third
soldier came and hit me from behind in my mouth. I fell to the ground when the soldier hit me. When I
was trying to get up, that is when two soldiers put their weapons to my head.

Let the record show that the witness identified an M I 6A2 rifle as being similar to the weapon that had been
placed against his head.
My nose and mouth started bleeding when the soldier struck me in the face. After the soldiers saw that I
was bleeding from the nose and mouth, they put their weapons on safe and started backing up. The man
with the American forces who spoke Arabic then gave me a cloth to wash my face and mouth. I do not
remember any of the soldiers laughing. The leader of the soldiers was in the building when I got struck.
When he came out and saw that I was bleeding, he asked the soldiers which one of them had hit me. After
the leader of the soldiers found out who had hit me, he pulled the soldier to the side and told him to go back
to his area until he had a chance to speak with him later on the incident. The leader of the soldiers is not

present in this room. I was not scared when I was struck in the mouth. I was more concerned with my friends finding out about me being hit by an American soldier because it would cause insult to me in their eyes. I was never hit by my father, mother, or brother. Up until now, most of my friends do not know that
I was hit in the face by an American soldier. I
JyaLscared when the soldiers put their weapons
to my_lacad,
because I was ex ctin one of them to pull the trigger. I have heard of a lot of innocent people getting killed by mistake and I thought that I was going to one of them. I can not remember if any of the soldiers in the room here, were one of those present when I was assaulted. The only American soldier thatI can recognize is the one who spoke Arabic that befriended me. Most of the time during the incident, my
002175

head was down or my eyes were closed. I cried on the inside because I did not understand why the soldier had hit me. The only thing that I suffer from right now, because of the incident is ridicule from my friends. Sometimes when I playwith my friends where we hit one another, they tell me that before I hit an Iraqi back, I should go and hit the American soldier back that struck me in the face. I lost 50,000 Dinar and 9MM Blanc pistol due to the incident. I used my pistol the American soldiers took from me only to protect
myself whenever I went out.
QUESTIONS BY THE INVESTIGATING OFFICER
Qze of the soldiers tried to offer me agun that he had brought out ofthe museum, The.pistol that the
soldier offered me was burnt up.
QUESTIONS BY THE DEFENSE COUNSEL
The soldiers had their guns pointed at me when I was kneeling in front of the museum. When I tried to get up from the ground, after I had been struck by the soldier; that is when they put their weapons to my head. I was on my knees while ihe soldiers had their weapons pointed at me. There were five soldiers with their weapons pointed at me. The soldier that offered me the gun had a piece of paper in his hand. The soldier that offered me the weapon knew how to read Arabic. He was asking me who ha' me guar• ing the museum. The soldier was asking me why I was in the museum and what was I doing there. The soldier that told me to take the weapon he had in his hand for me was not speaking to me in Arabic. I thought that the soldier was trvinE to hand me the weapon becaje the soldier was putting the weapon out towards me. I refused taking the weapon from the soldier, because I thought that they would have tried to harm me. The soldier that offered me the pistol was not.speaking in Arabic. After the search, there were normally two
soldiers guarding me.
At times though, there was only one soldier guarding me with his weapon at myhead.
The interpreter demonstrated the distances between the witness and the soldiers guarding him. The
distance was about 8 feet. •
QUESTION BY THE INVESTIGATING OFFICER
From the moment the soldiers walked into the museum, I was expecting them to kill me. I thought that if I took the pistol from the soldier that offered it to me, the others would have killed me.
The Government Representative requested that the Investigating Officer permanently excuse the witness, because he had come a long way to deliver his testimony. There being no objection by the Defense Counsel, the Investigating Officer stated that he would permanently excuse the witness.
There being no further questions, the witness was permanently excused and warned not to discuss his testimony with anyone other than the Government Representative, Defense Counsel, Investigating Officer,
and the Reporter.
The Government Representative requested a brief recess to link the witness up with his coalition forces
escort so that he could get back to his residence. There being not argument from Defense Counsel, the
Investigating Officer gave all parties a brief recess.

The Article 32b Investigation recessed at 0956 hours, 22 October 2003.
The Article 32b Investigation resumed at 1001 hours, 22 October 2003, with all parties present
ISSOMMINEM,
Bravo Battery, 4th Battalion, I s' Field Artillery Regiment, was
called as a witness fdr the government, was sworn, and testified in substance as follows:
002176

"*".••• •
QUESTIONS BY THE GOVERNMENT REPRESENTATIVE
On 21 June 2003, I was assigned to Bravo Battery, 4 th Battalion, Field Artillery Regiment. On 21 June2003, we were called out on a QRF mission. When we arrived on the scene that we had been called torespond to as the QRF, I was tasked to guard a detainee. We were told that there was an Iraqi civilian in a
building with an AK47. When I arr'v d e detainee was already outside and being watched by then
C=X3125=21.1 The old me to watch the detainee and make sure that he did not try to get away. The accused along wit the rest of the guys from my unit were already inside the building when I arrived. Once the building was cleared, and they had brought out all the weapons that they neededto bring out, all the soldiers-were congregating outside the building waiting to go back to our Forward Observation Base. The soldiers brought some mortar tubes, AK47s, a hand gun, and some ammunition out
of the building.
The Government Representative lianded the witness photo 1251.
This is a picture of a mortar tube, some AK47s, and a Rocket Propelled Grenade (RPG). These are the same weapons that I saw the soldiers bring out on 21 June 2003.
The Government Representative handed the witness photo 1265.
This photo shows two old, rusty weapons that look like they have been burned. I saw weapons that looked like these when the soldiers had brought them out ofthe building to turn them in. These looked like one of the weapons that the accused had brought out of the building. From my position, it looked like the accused was gesturing at the detainee in a way that looked like he was trying to hand the Iraqi detainee a weapon. I could not understand what the accused and the detainee where saying. I did see
that day.
truck the detainee in the face with an open hand. While I was

guarding the detainee, was talking to another soldier and kept walking around
the detainee. Then walked over and struck the detainee. The accused just sat
there when he saw trike the detainee. There was a lot of talking going on after struck the detainee, but I could not make out what was being said. The accused was joking around with some other soldiers by saying that the detainee had tripped and fell on his face. 1
did not ever see the accused correctly
for striking the detainee. The accused
reported what had ha ened that da
ot back to our Forward Observation Base. The accused
thee section chief of is
In my opinion, the only thing that disturbed me was the

actions ofellEallallimas
QUESTIONS BY THE INVESTIGATING OFFICER
The
mained on the scene, but he was not in the immediate area when
,
took place.truck the accused. I was about thirty feet from the accused and the detainee when the incident
QUESTIONS BY THE DEFENSE COUNSEL
I was about twenty to thirty feet away from the detainee. My mission, once I got to the scene, was to guard the detainee. I did not have anything blocking my view from the detainee. 1 did have my weapon pointedat the detainee while I was guarding him. The accused did not have his weapon pointed at the detainee at any time. There was no one blocking the line of sight between myself and the detainee. I could not see what it was that the accused gesturing towards the detainee with. I could see that the accused had something in his hand, but I could not see precisely what that object was. The item in the hand of the
accused looked like a burnt up weapon.
002177

QUESTIONS BY THE GOVERNMENT REPRESENTATIVE
There were about five or six other soldiers around the detainee when 'I was guarding him. There were a lot of soldiers standing around waiting to go back and some walking around talking. I was.the only soldier
watching the detainee.
Bravo Battery, 4 th Battalion
ld Artill
, 1 g Fieery Regiment, wascalled as a witness for the government, was affirmed, and testified
in substance as fo llows:
QUESTIONS BY THE GOVERNMENT.REPRESENTATIVE
On 21 June 2003, my unit was inside the Iraq palace, which serves as our unit's compound. The Sworn statements that I have previously made were correct and truthful. On 21 June 2003, we were called out as the Quick Reaction Force because people had been sighted on roofs with AK47s. Once, we got the call for
our Quick Reaction Force, the elialliedivided us u into groups. My task from the
was the rear security. I was later sent by the

with my squad on the roof to look for any
suspicious activity or AK47 shell casings. In the beginning, I did not see any of the weapons taken from
the building.
QUESTIONS BY INVESTIGATING OFFICER
We did not find any shell casings.
QUESTIONS BY THE GOVERNMENT REPRESENTATIVE
I was about ten feet from the The accused was also present that day. the accused was
about five feet on my left hand side.
The Government Representative handed the witness photo 1265.
This is a picture of a rusted, burnt out revolver. I have seen- this item before because it looks like the revolver that the accused was trying to hand the detainee. The accused was talking to the detainee, but I icould not hear him. From his actions, it looked like the accused was taunting the detainee. Then falleffC iaapproached the detainee. While the detainee was sitting on the ground Indian style, it him in the face causing the detainees head to go back and hit the aluminum
siding. The accused was standing about five feet to the ri ht hand side of the detainee was struck. I do believe the accused saw when
VONEZIMIESnterceded to prevent strike the detainee.
from striking the accused again. I did

not hear the accused correct nor yell at for what he id. The accused ask the
ed
detainee if he had fallen down and broke his nose. None of the noncommissioned officers said anythiniNelniabout striking the detainee. g to
QUESTION BY THE INVESTING OFFICER
did not say anything to ISMinbecause I left it to the accused, who was the section chief oil.
o correct him.
QUESTIONS BY THE GOVERNMENT REPRESENTATIVE
We did receive Rules of Engagement classes prior to deploying to Iraq. We did not receive any classes on the treatment of detainees. The detainee was not offering any type of resistance when
ellatelialMEMS
truck him. I do not believe tha
tellnimmumpactions were in accordance with the
army's current operations in Iraq. We are not here to abuse these people. We were sent to liberate them.
QUESTIONS BY THE DEFENSE COUNSEL
002178

I saw the revolver when the accused was taunting the detainee. I believe he was taunting the detainee solely because of the motions he was making at him with his hand. The accused did not make any other comments about the detainee besides asking the detainee had fell down and broke his nose. The accused was about five feet, and two the right of the detainee. I was about ten feet in front withallIMM
finlaimmanliliwas right in front ofthe detainee.
QUESTIONS BY THE INVESTIGATING OFFICER
The Investigating Officer asked the witness to demonstrate how the accused was waiving the weapon
towards the detainee. There being no objection from the Government Representative or the Defense
Counsel, the witness demonstrated how the accused was holding the weapon out at the accused.

To me, it looked like the accused was trying to give the detainee the weapon. .
QUESTIONS BY THE DEFENSE COUNSEL
It is possible that the accused could have been asking the detainee if the pistol was black when it looked
like he was trying to give the detainee the weapon.
QUESTIONS BY THE INVESTIGATING OFFICER
When the accused said that the detainee had fell and broke his nose, he was making the statement to the
detainee
QUESTIONS BY THE GOVERNEMENT RERPRESENTATIVE
The accused did make a statement to the Battery Commander and theallanNt The accused

informed the Batteryommander andailliallithat
he did not know what had happened as far asstriking the witness is concerned.
There being no further questions, the witness was temporarily excused and warned not to discuss his
-testimony with anyone other than the Government Representative, Defense Counsel, Investigating Officer,
and the Reporter.
ISZ2MEMBEINIM.,
Headquarters and Headquarters Company, 2 nd Battalion, 70th
Armor Regiment, was called as a witness-for the government, was sworn, and testified in substance as

-follows:
QUESTIONS BY THE GOVERNMENTREPRESENTATIVE
On 21 June 2003, I was on a QRF mission to the museum. There had supposedly been shots fired towards
one of our towers and we went out to access the situation. I road to the museum in a 5 ton. We were
clearing the people out of the building. In the building that I cleared, there were a couple of AK7s, some

passports, and about four people. We took the detainees from the building that we had searched over to
where .
was being detained. We had the detainees from the building my team searched
separate from
ennann My job was to guard the detainees that we got out of the electrical
compound. We had the three detainees from the electrical compound separate from the other detainee.

The Government Representative showed the witness photo 0009.
do not recognize the individual in the photo. I sawallailleguarding the detainee that was there
when I arrived.
The Government Representative showed the witness photo
1265.
002179
It looks like the weapon that I sawt=111.1111111111111Mlb take over and put up to the head of the detainee and yell bang. I saw the accused in the general area. The accused took the hand gun from
S
OMMENIS and walked over to the detainee.. It looked like the accused could see everything that
was going on. When the accused took the weapon.from faiiimmingwe it looked like theaccused was holding the weapon by the barrel and was waiving it towards the detainee. The accused was
telling the detainee to go ahead and take the weapon.
The Government Representative handed the witness a 9MM to show how the accused was holding the weapon on the day of the incident. There being no argument from Defense Counsel, the. InvestigatingOfficer allowed the witness to demonstrate how the accused was holding the weapon.
Yes, emotions were running high that day. You could say that some of the soldiers were angry at t. 411.1=1". After the incidents of this day, there was some incident involving the detainee on another
occasion. I did not actually see it the detainee, but I did hear the detainee's
•head hit the aluminum siding. I did not hear the accused say anything to correct OM The accused was the senior noncommissioned officer in the immediate area. I saw that the detainee was bleeding. Once the detainee was-hit, the soldiers that had been giving him a hard time dispersed.- One of the soldiers came up and gave the detainee a rag to clean his face. The accused had his MI 6A2 that day. I saw the accused near the detainee with his weapon pointed at him. The weapon of the accused was slung over his shoulder at first. Then the accused took his weapon off of his shoulder and leveled it at the detainee. Then the accused charged his weapon and pointed it at the detainee again. I was on the wrong side of the accused to see if he moved his selector switch from safe to semi. It looked liked the detainee was trying to comply with the demands of the soldiers standing around him. The detainee was
aware of the accused pointing his weapon at him. It did not look like the accused was trying to guard the detainee. It looked like the accused was trying to threaten the detainee to me because there was no need for
the accused to guard the detainee with all1MM allinalitwas uarding the
detainee thetime that I was there. I thought the accused was angry at the detainee becausg
e"of a rumor I had heard entire
involving a previous incident where it was said that the detainee had been shooting at our compound. I do
not know whether or not this rumor was ever verified.
QUESTIONS BY THE INVESTIGATING OFFICER
I did see the accused charge his weapon. The weapon status is red whenever you leave our compound. Normally, we would stay amber until we were either told to put our weapons in red status, or if we felt we were in danger. We normally wait until we are told to put our weapon in red status before we actually do it
because of safety reasons. There have been a lot of accidental discharges in our Battalion.
QUESTIONS BY THE DEFENSE COUNSEL
I am in second platoon and the accused is in first platoon. I am not in the same platoon as the accused. I
was referring to my platoon when I said that we normally leave the Forward Observation Base in amber
status. My mission on 21 June 2003 was to guard four other detainees. I would say that the accused and

aunted the detainee for about three to five minutes. I did not see the entire
incident, because I was not always watching the detainee thata11111...was guarding. I saw the
accused pointing his weapon at the detainee beforemmimmumestruck him. I did not hear

. the accused say anything else to the detainee besides, "Here. Take it". It is possible that the accused was
saying other things to the detainee that I could not hear. I was standing about fifteen to twen meters away

from the detainee which 1111.111111181vas guarding. I remembe
present when the accused pointed his weapon at the detainee. I am re was
tty sure that other soldiers were
around, but I can not remember their names. 111111Mmand p
61/2/1/......were
aro
when the accused pointed his weapon at the detainee. I was in front of the electrical building when the and
accused was offering the weapon to the detainee. The accused had his back towards me when he was
waving the weapon at the detainee. There were some people that were saying that it was messed up that

ad hit the detainee while others were laughing. I do not remember seeing the
accused after the detainee had gotten hit. I did not hear the accused say anything about the incident where

firiallaiiinaMihitthe detainee.
002180

QUESTIONS BY THE INVESTIGATING OFFICER
I cannot remember when threw his Kevlar down. I remember someone telling
him to go to the vehicle that had brought him to the site so that he could cool off.
QUESTIONS BY THE GOVERNMENT REPRESENTATIVE
I saw the accused charge his weaponwell after the area had been secured_ There would have been no
reason for him to move his weapon -to-red:status at the point where I heard him charge his weapon.
There being no further questions, the witness was temporarily excused and warned not to discuss his testimony with anyone other than the Government Representative, Defense Counsel, Investigating Officer,
and the Reporter.
The Article 32b Investigation recessed at 1100 hours, 22 October 2003.

The Article 32b Investigation resumed at 1110 hours, 22 October 2003, with all parties present.
-
Bravo Battery, 4 th Battalion, Field Artillery Regiment, wascalled as a witness for the government, was sworn, and testified in substance as follows:
QUESTIONS BY THE GOVERNMENT REPRESENTATIVE
On 21 June 2003, I was on a recon for a possible raid the first part of the day. Around mid afternoon when
we were returning to our compound, from a roof. Myself, old us that someone was firing at the tower , his driver, and several other soldiers went out
as the Quick Reaction Force. We sat back about a block from the building until the rest of the group showed up. Once the others arrived, we all moved into position. ThealliMikelled at the individual
we saw standing in the building.
old the individual to come out of the building with his

hands up twice, before the Iraqi complied. At this point, groups started to go in and clear the building.
The Government Representative showed the witness photo 0009.
This is the photo of the Iraqi that was standing in the doorway when we arrived on the scene. We found an AK47 in one of the first rooms that we cleared. We also found some old melted handguns in the building as we cleared the building. After the building was cleared, I proceeded down the street to go get some
water from Bravo 7.
The Government Representative showed the witness photo 1205.
This is a photo of two of the pistols we retrieved from the building. We were told to take these revolvers
out of the building and place them out to the gate. At first, I did not see anyone pick up the pistols. I later
heard someone tell the detainee, "Here Take it" referring to one of the handguns that we had taken out of
the building. When I turned around to see who it was, it was the accused. I could not remember exactly
how the accused was trying to give the weapon to the detainee. The accused tried about two or three times
to give the weapon to the detainee. Giving pons to a detainee is not a part of our unit Standard

Operating Procedure (SOP).
alked up to the detainee and asked him had he

been shooting at our guard tower. That is when The detainee that I am referring to is the one in the photo marked 0009. Whenit the detainee in the face. hit the detainee in the face, it caused the back of his head to hit the aluminum building he was sitting against. WhenallIMIMINIDwent back to try and hit the detainee again, I got in front of him
pushed him back, and told him that he needed to go cool down. The accused was present to witness this
The accused did not con-ec
correct None of the noncommissioned officers tried to I heard someone laughing and saying in a joking manner that the detainee had fell and broke his nose when I was walking away. The accused was the soldier that made the
002181

comment. I walked back up to the building and told the that I was ashamed of wearing theAmerican patch if soldiers were going to treat the Iraqis the way t at th
id. e accused and then went and asked the detainee what had happened. The detainee told the
hat the incident to the ad hit him and busted his nose. The accused did not report I am not aware of the accused making a statement about the incident.
QUESTION BY THE INVESTIGATING OFFICER
The accused made the statement that the detainee had fell and broke his nose whiletaMailp
WM
was laughing. I was about five or ten feet from the accused and the detainee when the comment
was made. I was about five to ten feet from the accused.
QUESTIONS BY THE DEFENSE COUNSEL
When I heard the words, "Here. Take it.", other things could have been being said at the same time. It is
. easy to understand the dialect of the accused once you have been around him for a while. The accused has

a thick accent. When the ­
e. accused said, "what did he do, fall down" it sounded more sarcastic than funny to was laughing when the accused made the comment. tomenssikV
aid something, but I could not hear what it was he said. There were other people around, but I
can not remember what and if they were saying things as well. The first time I heard the accused say,
"Here take it" I was not facing him. The second time the accused said it I was facing him.

QUESTIONS BY THE INVESTIGATING OFFICER
The accused was the highest ranking person in the immediate area.
QUESTIONS BY THE DEFENSE COUNSEL
I saw SIIIMIIIMMESsissestrike the detainee. .The accused was beside the guard shack where the
detainee was sitting on a cement ledge. I was not watching the actions of the accused when CE223=W
01111.111. struck the accused. It is possible that the accused did not see the incident. I did not see

whether or not the accused saw.
strike the detainee. During the time period

when I thought that the accused was offering the detainee a weapon, I could not remember who else was
around, but there were other soldiers around.
QUESTIONS BY INVESTIGATING OFFICER
I did not see the accused point a weapon at the detainee. We were at red status during this incident. I did
not hear nor see anyone charge a weapon.
QUESTIONS BY GOVERNMENT REPRESENTATIVE
The first thing I saw when I came out of the building was the accused trying to hand the detainee a pistol.
There being no further questions, the witness was temporarily excused and warned not to discuss his testimony with anyone other than the Government Representative, Defense Counsel, Investigating Officer,
and the Reporter.
ravo Baery, 4th Battalion
tt l' Field Artillery
called as a witness for the government, he was sworn Regiment, was
, and testified in
subs tance as follows:
QUESTIONS BY THE GOVERNMENT REPRESENTATIVE
002182
I am assigned to Bravo Battery, 4 th Battalion, I g Field Artillery Regiment. This is the same unit I was
assigned to on 21 June 2003. On 21 June 2003, I was part of the Quick Reaction Force which responded to the museum. We arrived at the'building located across the street from our Forward Observation Base. There.*as an Iraqi citizen coming out of the building with his hands up when we arrived to the building.Some of the other soldiers involved in the QRF mission detained the civilian.
-The Government Representative showed the witness photo 0009.
That is the individual that we had detained ,and_put over near the guard shack. Once we brought the
individual out, a few of us went insidethe -building to clear it. 1111111111.11111. , and I found a suitcase
full of burnt up pistols inside the museum. The weapons looked like burnt up revolvers to me.

The Government Representative showed the witness 1265.
This is a photo of the weapons that we brought out of the building. When we brought the weapons out, we
put them on the ground beside us. The accused then grabbed one of the weapons and walked over to the

detainee. The accused
-
asked the detainee had he seen the weapons. before. After that, the accused then
tried to give the weapon to the detainee. The accused had toldallaphat if the detainee tried to grab the
weapon, they were to shoot him'. The accused offered the detainee the weapon two or three times. The
detainee kept shakin his head no when the accused was offering him the weapon. The accused gave

e wean nn
tried to get hitn to take it. then walked over to the detainee and
weapon down and walked up to the

detainee and slapped him in the face. When k
struc the deinee, his ad w ent
through the thin aluminum of the guard shack, which caused his nose to bleed.
That ista when the se
came out and asked who struck the detainee. The accused was three or four feet from the detainee I was behind the accused. The accused did not try to stoptilinial
from slappm the detainee. I did not see the accused try to correc
teallame
The accused saw.
strike the detainee. There were a lot of us that Wentand report the incident to the
I ­
could not see the accused and the detainee from inside thebuilding.
QUESTIONS BY THE INVESTIGATING OFFICER
I did hear laughing after the victim was slapped. The accused an
the delenewere laughing and saying that
e detainee had feel and broke his nose. I heard 4111111110ay that the reason the detainee's nose was
th

bleeding was because he had fallen. I did hear the accused make the same statement.
QUESTIONS BY THE DEFENSE COUNSEL

as the first person that I heard say that the detainee had fell and broke his
nose. The accused repeated-the statement tha had made. It ed ke the
li
accused made the comment in a jokingly manner to me. I am in t e section of the accused.sound
The accused is
by the book and above when it comes to following the standards. The accused enforces the standards of our organization. The weapon status is red outside of the Forward Observation Base. I thought the accused was trying to give the detainee a weapon by his actions and his words: He had told us that if the detainee took the weapon, then we were to shoot him. The first thing I remember the accused telling the detainee
-was whether or not he had seen the weapons before.
QUESTIONS BY THE INVESTIGATING OFFICER
I did not see nor hear anyone charge their weapon. The weapons should have already been charged prior to leaving the Forward Observation Base. I did see the accused point his weapon at the detainee, but it was the standard way we use when we are guarding detainees. I did not see the accused point his weapon at the
detainee any differently than we normally do.
QUESTIONS BY THE DEFENSE COUNSEL
002183
When I saw the accused trying to hand the weapon to the detainee, the accused was on the right hand side of the detainee. The M16A2 of the accused was slung on his shoulder and lowered in the direction of the
detainee, but not directly at him.
Thereibeing no further questions, the witness was temporarily excused and warned not to discuss his
testimony with anyone other than the Government Representative, Defense Counsel, Investigating Officer,
and the Reporter.
The Government Representative informed all parties that after th testimony of 11111111111111/mie
ami
he intended to callimm......mAto deliver testimony. The Government
Representative further stated that a deal had been reached betwee
the government, and the special court-martial convening authority. . his counsel,

, Hawk Troop, Cavalry Regiment, was
called as a witness for the defense, he was sworn, and testified in substance as follows:
QUESTIONS BY THE GOVERNMENT REPRESENTATIVE
I did make a statement tc41111111Mnd to CID. Both of these statements were truthful.
The Government Representative stated that since the witness is offering cumulative evidence he would submit his sworn statement into the record in the place of testimony. The Defense Counsel objected to substituting the witness's sworn statements into the record instead of his verbal testimony since the witness was available for live testimony. Investigating Officer ruled that the witness' sworn statements would not
substitute in the record for his live testimony.
Defense Counsel objected to the Investigating
-Officer taking a recess so that he could read the sworn

statement of the witness since he was present to deliver live testimony. The Government Representative argued that the witness does not have any further information to add in the facts of this investigation. The Investigating Officer stated that he would not take a recess to review the witness' sworn statements of the
witness and accept his live testimony over the sworn statements.
21 June 2003, my mission was as part of the Quick Reaction Force. One of our tours had reported someone in one of the neighboring buildings carrying and AK47. When we had completed searching the building,
we stood around for a while.
The Government Representative showed the witness 0009.
This is a picture of the detainee in the area across the street from the museum. I was lookin
street from the museum because I was pulling security. I remember g down the

and near the individual being detained. I happened to turn around for a minute when I sawthe detainee
IftalMwas saying that
was messed up. One of the NCOs started rendering aid to the Iraq for his nose bleed. We all talked about
the incident later on with our chief, but that was after the incident.
Manktriking the detainee is all

that I can remember about that day. 1,Ve were in the area for about two hours. I never saw the detainee
again after that.
QUESTIONS BY THE DEFENSE COUNSEL I was involved with clearing the electrical building. I do not remember any detainees being taken out of th
electrical building. I saw
e
know what the accused was trike the detainee when I turned around. I do not
doing when ruck the detainee. I saw the accused
in the comer of my eyes well enough to know that he knew what was going on.
QUESTION BY THE INVESTIGATING OFFICER
002184
I did
not see the accused react to the incident in any way. I can not recall any laughing or joking.

QUESTIONS BY THE GOVERNMENT REPRESENTATIVE
There were a lot of people in the building that I cleared that day. I believe liallaragiew one ofthe soldiers in the building that I was helping to clear. I did not hear anyone making comments onas
detainee was bleeding.
why the
-There being no further questions, the witnesmas temporarily excused and warned not to discuss his
testimony with anyone other than the Government Representative, Defense Co'un

and the Reporter. isel, Investigating Officer,
, Bravo Battery 4 th Balion, I s' Field
Artillery Regiment, was called as a witness for the government, he was sworn, tta follows: , and testified in substance as
Government Representative stated that there is an agreement between the witness, his counsel, the
Government, and the Special court-martial convening authority.

The Government Representative furnished a copy of the agreement to the Investigating officer.
QUESTIONS BY THE GOVERNMENT REPRESENTATIVE
. I recognize this document as the agreement between my counsel, the government, and the special court-
martial convening authority.
I
have talked with my legal counsel about testifying at this investigation. Iunderstand the context and language of this agreement. I understand that -I must testify truthfully about thecircumstances of 2I June 2003. I am not going to answer any questions about me, but
• I am willing to
answer any questions that do not pertain to me. On 2I June 2003, my mission was to participate as a
member of the Quick Reaction Force. We went out as the Quick Reaction Force because there was an Iraqi on one of the roofs with an AK47 that had fired at one of our towers. We did not know where we were going. We went across the street and detained the individual that was in the building. I went in the
building with Specialist Vaughan and Private First Class Perkins to clear it. I found an Ak47 with a
magazine which I handed to my First Sergeant. We found some rusty weapons in the building as well.

The Government Representative showed the witness photo 1265.
One of the weapons in this photograph is the weapon that I found in the building. The top pistol looks like
the one that I had found in the building. I know that it was the top one that I found in the building because

I had been the one to carry it outside.
The Government Representative showed the witness photo 0009.
This is a picture of an Iraqi citizen. It is a picture of the individual that we detained. I do not recall where the accused was when we went inside the building. The accused is my section chief at our unit. The accused means a lot to me because he has taught me a lot since I have been in the army. The accused cares about his family and his soldiers. Any problems that I have had with my family since arriving to Fort Riley; the accused has helped me resolve them. The accused tells me when I am doing wrong as well.
The Governinent Representative asked the witness was he invoking his right to remain silent on questions about his possible misconduct. The witness stated that he was invoking his right to remain silent on any issues involving him. The witness stated that his attorney advised him not to discuss anything about his
possible misconduct.
.
002115

do not remember seeing the accused take any action against the detainee. I did not see the accused with the detainee at all. The accused did not talk to me about anything that he may have said or done to the
detainee.
QUESTIONS BY THEINVESTIGATING OFFICER
I went in the building withftailleams and I can not remember if we
all came out of the building together because we were dll taking out the burnt up weapons. e I do remember
seeingelelliliewhen I came outside.
as walking, from the other side of the

building when I saw him. 411MMIlikvas the only one out there guarding the detainee.
QUESTIONS BY THE DEFENSE COUNSEL
The accused makes sure that everything is straight with us and our families. Whenever we are going out for patrols or missions, he always checks our gear. The standard is red when we leave the compound. Red status is weapon on safe with magazine inside and round in the chamber. The government has dismissed the charges against me for my testimony in any proceedings against the accused. I have no recollection of
any contact between the accused and the detainee.
QUESTIONS BY THE INVESTIGATING OFFICER
When we rolled in to the area on the Quick Reaction Force mission, I did not see the accused until we left.
There being no fuitler questions, the witness was permanently excused and warned not to discuss his
testimony with anyone other than the Government Representative, Defense Counsel, Investigating Officer,

and the Reporter.
18 th MPDetachent
witness for the government, he was sworn, and testified in substance as follm CID, was called as a
ows:
QUESTIONS BY THE GOVERNMENT REPRESENTATIVE
I am currently assigned to Bravo Battery, 4 th Battalion, Ist Field Artillery Regiment. I was part of the
Quick Reaction Force on 21 October 2003. My first statement was false in that I told the commander that I
had not seen anything. My second sworn statement was truthful. When we arrived, the Iraqi National was
already detained. I can not remember who I arrived on the scene with.

The Government Representative showed the witness photo 0009.
This is a photo of an Iraqi National. I really do not recognize him. I searched the power plant with Ili our
and I can not remember the rest of the people involved. I do not remember where the
accused was at that time. When we came out and walked over by the detainee, we were badgering him and

telling him to keep his head down. I asked am=could I kick the detainee because he had been
shooting at our compound. We were mad because the intelligence we were given said that our tower was
getting shot at from the building that the detainee was taken from.
QUESTIONS BY THE INVESTIGATING OFFICER
Our intelligence said that our compound was being shot at from the building that the detainee was found in.
QUESTIONS BY THE GOVERNMENT RERESENTATIVE
I recognized the detainee from a previous QRF mission that we had been called out on previously. My reaction to the accused slapping the Iraqi was laughter. Someone did give the detainee a rag to wipe his
nose. I do not recall the accused saying anything toVanntaiimisme after the incident. I said
002186
• that I did not see an thin and that the Iraqi must have fell. After that, I walked away from the incident.
After
had slapped the detainee, he walked away.
QUESTIONS BY INVESTIGATING OFFICER
The detainee had a nonchalant or arrogant look.
'When we told him to put his head down, he would lift his
head and start looking at us. I know that the detainee could not speak English, but we demonstrated how we wanted him to put his head down. The accused and I are in the same platoon, but he is not my supervisor. Some people like him and some dcae_t because he speaks the truth. When he speaks the truth,
other people sometimes have a problem with that.
QUESTIONS BY THE DEFENSE COUNSEL
I had my weapon trained on the detainee when he was not obeying our command to kee is head down. I do not remember who else had their weapons trained on the detainee. Both myself and ad our weapons trained on the detainee. I do not remember who approached the accused and told him that his
soldier, was out of line. Someone then said that the Iraqi must have fell down
in a surprised tone of voice. I did not see the accused near the detainee. When hit the detainee, the accused was not around. I was on the detainee's left. The accused was at least ten feet
away when hit the detainee.
QUESTIONS BY THE INVESTIGATING OFFICER
— I do not know who was in charge during the incident. If there had been a problem, the accused would have
been the person that I would have went to for guidance.
There being no further questions, the witness was temporarily excused and warned not to discuss his testimony with anyone other than the Government Representative, Defense Counsel, Investigating Officer,
and the Reporter.
inalion
Bravo Battery, 4 th Ba, Fid Artillery Regiment, was
called as a witness for the government, he was sworn, and testified tt
substance elas follows:
QUESTIONS BY THE DEFENSE COUNSEL
On 21 June 2003, that was when I was one of the guys called out on Quick Reaction Force.. We were
moved across the street from the palace, because one of our towers had gotten shot at. We cleared the
power plant and moved all of the workers out of the building so that we could search it. I believe that there
were three or four AK47s taken out of the building. Myself and another soldier were sent out to pull
perimeter detail. I did not have any personal interaction with the accused. I did not see the accused interact
with the detainee. When I saw the accused, he was about ten feet from the detainee. I do remember that

had his weapon pointed at the detainee. I can not remember to well who was there, but I
remember a lot of soldiers were present. I do not remember the accused having anything in his hands. The
accused had his MI 6A2 slung over his soldier. I did not see the detainee get assaulted. I gave the detainee
the brown rag which I had in my Kevlar to wipe the blood from his nose.

QUESTIONS BY INVESTIGATING OFFICER
I can not recall if the laughter was before or after I gave the Detainee my rag. When I walked by the
detainee, he was looking pretty normal as he was sitting on the curve with his hands behind his head. No

one else had offered assistance to the detainee.
0 o 2 187
There being no further questions, the witness was temporarily excused and warned not to discuss his
testimony with anyone other than the Government Representative, Defense Counsel, Investigating Officer,
and the Reporter. •
The Government Representative made a cloing argument.
The Defense Counsel made a closing argument.
The Investigating Officer stated that he would be considering the SwornStatements of 1111111111111mip

ade on 21 June 2003 and 27 June 2003; the Sworn Statements oimmenimmi nonad eon 21 June 2003 and 27 June 2003; the Sworn Statements offill=111111Mmum 21 -
nade onJune 2003 and 27 June 2003; the Sworn Statements of ade on 21 June 2003une 2003; the Sworn Statements of
ad
• 2003; the S.wom Statements of n 21 une 2003 and 27 June June 2003; the Sworn Statements of ade on 21 June 2003 and 27 and 28 June 2003; the Sworn Statements of ade on 21 June 2003
2003 and 28 June 2003; the Sworn de on 21 June
. Statements.°
27 June 2003; the Sworn Statements n . ade on 21 June 2003 and • ade on 21 June 2003 and 27
June 2003; and photographs marked as numbers 000-001, 000-002, 000-003, 000-004, 000-006, 000-008, 000-009, 000-010, 000-012, DSN1251, DSN1255, DSN1256, DSN1260, DSNI265, DSN1268, DSN1269,
DSN299, DSN1301.
The Defense Counsel restated his objection to consider the Sworn Statements of soldiers that have testified at the investigation. The Investigating Officer noted Defense Counsel's objection for the record.
The Article 32b Investigation adjourned at 1525 hours, 22 October 2003
002188

CERTIFICATION

I hereby certify that the enclosed 16 page Article 32b Investigation transcript in the case of
US v. SSGMcKENZIE, John C.,
, Bravo Battery, 4 th Battalion; 1 st Field Artillery Regiment, is a true and
summarized copy of proceedings at the Article 32b Investigation held on 22 October 2003 at the 3 rd Brigade Combat Team Forward Observation Base, Baghdad, Iraq. I certify the accuracy of this transcript as
the Investigating Officer of the hearing.
.1
MA7, OD Investigating Officer
002189

UNITED STATES
vs.
SERVICE OF DOCUMENTS
SSG John C. McKenzie
0 N ACCUSED
B Btry., 4-1 FA
*Baghdad, Iraq APO AE 09324

1. The following document was served on the accused located in Baghdad, Iraq:
Referred Charge Sheet
2. Service was accomplished at
/ ficve.-tL ,
2003.
3.
Unit commander is to insure that the soldier signs this document and return thispage back to the Military Justice Cell located at the 3rd Brigade Combat Team TOC.
Receipt acknowledged.
002190
COURT-MARTIAL CHARGES TRANSMITTAL FORM.
PART I

TO: DATE: Z SET.-P
Court-Martial charges against the following named individual are forwarded as Enclosure 1. Witness statements, any evidence of previous misconduct (to include properly certified DA Forms 2627 and the
accused's DA Form 2A
and 2-1) are attached as. Enclosure 2. Soldier is not pending chapter action UPAR 635-200.
NAME: RANK:
John C. McKenzie
SSG
UNIT:
Bravo Battery, 4 th Battalion, 1 st Field Artillery Regiment
Recommend:
( ) Summary Court-Martial

( ) Special Court-Martial
r
() BCD Special Court-Martial
KGeneral Court-Martial
( ) Other
NAME OF COMMANDER

SIGNATURE OF COMMANDER
PART II
FROM:
DATE: I have reviewed 2.0 S-EPJ3
the attached charges, documents, and Article 32 (if applicable) and (recommend)(direct):
( ) Summary Court-Martial ( ) Special Court-Martial
( ) BCD Special Court-Martial
General Court-Martial
( ) Other
NAME OF COMMANDER

E OF COMMANDER
PART III
TO: FROM-
BG Martin E. Dem se DATE:
have reviewed the attached charges,
documents, and Article 32 (if applicable) and (recommend)(direct):
( ) Summary Court-Martial
( ) Special Court-Martial
( ) BCD Special Court-Martial

( ) General Court-Martial
Other
NAME OF COMMANDER

SIGNATURE OF COMMANDER
002191

1... COURT-IVIARTIAL CHARGES TRANSMITTAL FORM
PART I
, .
.
TO• DATE:

. . ZOSE.2 tp3
ourt-Martial charges against the following named individual are forwarded as Enclosure 1. Witness

statements, any evidence of previous misconduct (to include properly certified DA Forms 2627 and the
accused's PA Form 2A and 2-1) are attached as Enclosure 2. Soldier is not pending chapter action UP
AR 635-200. .

NAME: • RANK: • SSN:
John C. McKenzie SSG
UNIT:
Bravo Battery, 4th Battalion, 1 st Field Artillery Regiment

Recommend:
( ) Summary Court-Martial ( ) Special Court-Martial


( ) BCD Special Court-Martial Kdeneral Court-Martial
( ) Other

.
NAME OF COMMANDER

SIGNATU COMMANDER
. , .
1

PART II
TO: FROM DATE: ,. , . •
911MMESENNO .7,0 YEPd3 . a•-- • ewe. e attached charges, documents, and Article 32 (if applicable) and (recommend)(direct):( ) Summary Court-Martial ( ) Special Court-Martial ,
( ) BCD Special Court-Martial KGeneral Court-Martial ( ).Other NAME OF COMMANDER
SIGNATURE OF a .. is • NDER

IIIIINIIIIPF
PART III
TO: -FROM: DATE:
BG Martin E. Dempsey : I have reviewed the attached charges, documents, and Article 32 (if applicable) and (recommend)(direct):
1
JJ
( ) Summary Court-Martial ( ) Special Court-Martial
( ) BCD Special Court-Martial
(AiGeneral Court-Martial
( ) Other NAME OF COMMANDER SIGNATURE OF C ANDER
002192

Doc_nid: 
3249
Doc_type_num: 
66