CID Report: 0058-04-CID939-82650

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This CID report is very detailed. Three (3) Iraqi nationals reported they were robbed by U.S. soldiers at a checkpoint on Main Supply
Route (MSR) Tampa, Iraq. Investigation established probable cause to believe the soldiers committed the offense of robbery when they stole $1,250.00 dollars in U.S. currency and 159,000 Iraqi Dinar from the Iraqis. The charges in the CID report are 1) Robbery; and 2) Obstruction of Justice. The Special Agent in Charge has determined that furtherance of this investigation would be of little or no value and that leads remaining to be developed are not significant and that the conclusions of these soldiers being the responsible for the theft and obstructing justice was proven.

Doc_type: 
Investigative File
Doc_date: 
Wednesday, August 18, 2004
Doc_rel_date: 
Tuesday, December 20, 2005
Doc_text: 

DEPARTMENT OF THE ARMY
UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND
78TH MILITARY POLICE DETACHMENT (CID)(-)
LSA ADDER, TALLIL, IRAQ

APO AE 09331
MEMORANDUM FOR: SEE DISTRIBUTION
18 AUG 04

SUBJECT: CID REPORT OF INVESTIGATION - FINAL (C) - 0058-04-CID939-
82650 - 5N2B2/6X5
DATES/TIMES/LOCATIONS OF OCCURRENCES:
1.
11 MAY 2004/1130 - 11 MAY 2004/1200; CHECKPOINT, SOUTHBOUND
LANE OF MSR TAMPA, VICINITY OF CSC KENWORTH, IRAQ

2.
27 JUN 04/0001 - 1 JUL 04/2359; CAMP CEDAR, IRAQ APO AE 09331
DATE/TIME REPORTED: 21 MAR 2004, 0900
INVESTIGATED BY: SA
SA ; S SA (:)(6)-

SUBJECT:
1

. 011111111.1111111111.111 SPC;111111111111120 JAN82; ORANGE,
(4C65)
CA; M; WHITE; C CO, 1/185TH AR BN, CAMP CEDAR, IRAQ APO AE 09331 (NG);
IZ; [ROBBERY]
7&)-$4.-
2. AGUILAR, DAVID JOE; CPL; ; 26 JUN 80; LOS ANGELES, CA;
M; HISPANIC; C CO, 1/185TH AR BN, (4(6) 74-2
IZ; [ROBBERY] P CEDAR, IRAQ APO AE 09331 (NG);
3. [ADD]
PT; 111111111.1 1 DEC 72; B
,
M; WHITE; C CO, 1 185TH AR BN, CAMP CEDAR, IRAQ APO AE 09 OULDERCO;
[OBSTRUCTING JUSTICE] 3 31 (NG); IZ;
4. [ADD]
LT; MOM
DELANO, CA; M; HISPANIC; C 26 JUN 72;
5TH AR BN, CAMP CEDAR, IRAQ APOAF 09331 (NG); IZ [OBSTRUCTING JUSTICE]
1.
[CORRECTED]
7 JAN1967 CIV; IRA

2.
[CORRECTED]illaillinimmim

M; OTHER; NAJAF, IRAQ, XZ; [ROB (IDA 9/7)e) -tt
IRAQ; 28 DEC 1978; CIV;
Q; M; OTHER; NAJAF, IRAQ; XZ; [ROBBERY]
FOR OFFICIAL USE ONLY Law Enforcement Use Only
020637
u- 0009
DOD-043702
0058-04-C1D939-82650
3. [ADD] U.S. GOVERNMENT; CAMP CEDAR, IRAQ APO AE 09331
[OBSTRUCTING JUSTICE]

INVESTIGATIVE SUMMARY:
THIS IS AN "OPERATION IRAQI FREEDOM" INVESTIGATION.
About 0900, 21 May 04, CPT

111111111111, Assistant S-5, 300th Area
Support Group (ASG), LSA Adder, Tallil, Iraq, notified this office that three Iraqi
nationals reported they were robbed by U.S. soldiers at a checkpoint on Main Supply

Route (MSR) Tampa, Iraq. (4)0.5--6J1.0e0)-s-
Investigation established probable cause to believe CPL AGUILAR and SP
committed the offense of Robbery when they stole $1,250.00 dollars in U.S. currency and

159,000 Iraqi Dinar, from Mr.
nd Mr.IIII at gunpoint. Further, 044
'
investigation established probable cause to believe CPT1111111and 1LT Illialli/(4)(6)-s"/MC)committed the offense of Obstructing Justice when they impeded the conduct of this
investigation.
STATUTES:
Article 122, UCMJ: Robbery

Article 134[37], UCMJ: Obstructing Justice
EXHIBITS/SUBSTANTIATION:
ATTACHED:

(b)-1 ,C X)
I. Agent's Investigation Report (AIR) of SA 1111111., 23 Jun 04, detailing the
initial complaint; subject interviews; victim interviews; significant interviews; and
coordination with Commander and AAFES.

Ckl(id -45"CC)
2. Spot Report, 19 May 04, detailing how Mr. Minand Mr.
ported howthey were robbed at gun point by two. U.S. soldiers.
3. Arabic
Arabic language statement of Mr. IMP 7 Jun 04, wherein he detailed hisknowledge of the Robbery. (USACRC and File copies only)
4. Arabic language statement of Mr.
Jun 04, wherein he detailed howhe was robbed by two U.S. soldiers. (USACRC and File copies only)
5. Arabic language statement of Mr... 7 Jun 04, wherein he detailed how two WO
(7)64
U.S. soldiers robbed his money from Mr. 1111/11.(USACRC and File copies only)
FOR OFFICIAL USE ONLY Law Enforcement Use Only 020638
UJO010
DOD-043703

0058-04-CID939-82650
6. English language translation of Mr.
Exhibit 3, translated by
MalMEIN
7. English language translation of Mr.11.1.11's statement, Exhibit 4, translated
by Mr , 70
66(6) 95
language translation of Mr.
statement, Exhibit 5, translated by Mr.
y
lish
9. AR 15-6 Investigationi 12 May 04, pertaining to the Robbery of Mr.inialle
and Mr. IN
10. Rights Wavier Certificate and Sworn Statement of SPC 11., 23 Jun 04, (A.) -5-/ 7, €)--wherein he admitted to stopping an Iraqi vehicle and conducting a search but denied
stealing any money.
11. Rights Waiver Certificate and Sworn Statement of CPL AGUILAR, 23 Jun 04,
wherein he admitted to providing security for SPC Amwhile he conducted a search
of an Iraqi vehicle but denied stealing any money.

12.
Rights Waiver Certificate and Sworn Statement of SGTiallir23 Jun 04,wherein he denied stealing any money from Iraqi Nationals. (64)-5-/-7X-S—

13.
Sworn Statement of SPC

the Robbery. 23 Jun 04, wherein he detailed his knowledge of .4-)9/.(2)(0-V
14.
Consent to Search from CPL AGUILAR, 23 Jun 04, authorizing a search of hisliving area.
15. Sworn Statement of 1LT MR 23 Jun 04, wherein he detailed his knowledge
of the Robbery.
16. Consent to Search from SPC gm 23 Jun 04, authorizing a search of his
living area.
17.
Customer Consent and Authorization for Access, 23 Jun 04, pertaining to SPC ,illilkillhecking account. (USACRC and File copies only) „) s_S—

18.

Customer Consent and Authorization for Access, 23 Jun 04, pertaining to CPL
AGUILAR's checking account. (USACRC and File copies only)

19. AIR of SA
30 Jun 04, detailing the interview of Ms. RIM (.4V
-/ 70-4
20. AIR of SA
, 9 Jul 04, detailing subject interviews; victim interviews;
significant interviews; coordination with Commanders and SJA; and crime scene
examination.
FOR OFFICIAL USE ONLY
020639
Law Enforcement Use Only
U 0 0 0 £-
DOD-043704
005 8-04-C1D939-82650

21. Non-Waiver Certificate of 1LT 11111, 1 Jul 04. (6)6) -s
C/-(7)(--0 -5-t0,;(7)t) -6-.04) c7 C .1---
22. Waiver Certific to and Sworn Statement of CPT , 1 Jul 04, wherein headmitted to telling 1LT to call SPC mother, but denied telling 1LTto instruct SPC mother to cooperate with this investigation.
/ .)e) -5 ho-, )5
23. Sworn Statement of Mr. 1111111111, 5 Jul 04, wherein he clarified aspects of his)
previous statement.
24. Sworn Statement of Mtn. 5 Jul 04, wherein he clarified aspects of his
previous statement.
25, Crime Scene Sketch, 7 Jul 04, prepared by SA
(4-g)//7)e, -
26.
Compact disc 040058.939-1 containing all photographs images of the crime
scene and amnesty boxes. (USACRC, SJA and File copies only)

27.
Daily Staff Journal or Duty Officer's Log, 10 to 12 May 04, containing the radio

transmission logs.
28. Sworn Statement of SGT 7 Jul 04, wherein he clarified aspects ofhis_previons statement.
29. Sworn Statement of SPC Jul 04, wherein he denied confiscating (410any items from Mr. or Mr.
30. Sworn Statement of SGT.". 8 Jul 04, wherein he detailed how CPL
AGUILAR made a verbal threat against CID.

-(
31. Sworn Statement of CPL mil 8 Jul 04, wherein he detailed how CPL
AGUILAR gave him money to hold after the robbery.
a 6)/.(7,m

32. AIR of SA
14 Jul 04, detailing significant interviews; and
coordination with Kern Schools Federal Credit Union and FINCEN.

33. Bank account records pertaining to CPL AGUILAR's checking account.(USACRC, SJA and File copies only)
(Zee)
34.
Western Union Check, paid tominimpo(USACRC and File copies only)

35.

om • act disc 040058.939-2 containing FINCEN reports of CPL AGUILAR and I!
SP
SACRC and File copies only)
(60 6) /
36. AIR of S 1 Jul 04, detailing significant interviews; andcoordination with Air Force EOD and Finance.
0 2 06 40
FOR OFFICIAL USE ONLY Law Enforcement Use Only
UO0912
DOD-043705

0058-04-C1D939-82650

ace-
37.
Sworn Statement of SFC_, 16 Jul 04, wherein he detailed how CPL AGUILAR gave him five $100.00 dollar bills to exchange for Iraqi Dinar. 2) 11,t-v
adrapie-Cea
38. Sworn Statement of SPC 4111.1
of the Robbery. 16 Jul 04, wherein he detailed his knowledge
()rioted
NOT ATTACHED:
None.
The originals of Exhibits 1, 3 through 5, 12 through 22, 25, 26, 28 through 32, and 35
through 38 are forwarded with the USACRC copy of this report. The original of Exhibit
2 is retained in the files of the 300 th ASG, LSA Adder, Tallil, Iraq. The originals of

Exhibits 6 through 8, 10, 11, 23 and 24 are retained in the files of this office pending
adjudication. The originals of Exhibits 9 and 27 are retained in the files of C CO, 11185 th
AR BN, Camp Cedar II, Iraq. The originals of Exhibits 33 and 34 are retained in the files
of Kerns Schools Federal Credit Union, P.O. Box 9506, Bakersfield, CA.

STATUS: This is a Final (C) Report. This investigation was terminated in accordance
with Section V, paragraph 4-17(a)(6), CIDR 195-1, in that the Special Agent in Charge
has determined that furtherance of this investigation would be of little or no value and
that leads remaining to be developed are not significant. Commander's report of action

(DA Form 4833) is pending.
LEADS REMAINING: Interviews of SPC
-d SPCMEM
Report Prepared By:

Report Approved By:
11111.1111b U.) / 1(-6(6,-/
//Special Agent, 6222
Special Agent in Charge
DISTRIBUTION:
1— DIR, USACRC (original)
1— 11-1RU: CDR, C CO 1/185' AR BN, Camp Cedar II, Iraq
TO: CDR, 1/185 th AR BN, CSC Scania, Iraq

1 — THRU: CDR, 22n d MP BN, Baghdad, Iraq (E-mail only)
CDR, 3 rd MP GROUP, USACIDC (E-mail only)
TO: CDR, USACIDC, ATTN: CIOP-ZA, Fort Belvoir, VA 22060

020641
FOR OFFICIAL USE ONLY Law Enforcement Use Only U00013
DOD-043706
0058-04-C1D939-82650
1 — CDR, 300TH ASG LSA Adder Iraq (email only)
1 — Trial Counsel, Staff Ju e Advocate, ITHC, 81 st BCT, LSA Anaconda APO AE

09391, ATTN: CP L .K(,) -2 ie7)(0
1 — PMO, MNC-I (E-mail)
1 — LNO, CID MNC-I (FOR FURTHER DISTRIBUTION)
1 — File

02064 2
FOR OFFICIAL USE ONLY Law Enforcement Use Only
UO3014
DOD-043707
AGENTS INVESTIGATION REPORT 0058 -04-C1D939-82650
CID Regulation 195-1 PANE 5 PAGES
DETAILS:

7)( c) 2
About 0900, 21 May 04, CPT Assistant S-5, 300 th Area Support
Group (ASG), LSA Adder, Tallil, Iraq, notified this office that three Iraqi nationals reported they
were robbed by U.S. soldie at a checkpoint on,Main Supply Route (MSR) Tampa, Iraq: O
(l ). yi .aEC) -(b-t-6 -- , -•\ a
m-4c)-I.(4)--z -PAL) -
About 0905, 21 May 04, tIPIMMIIIIIIIIb • ' • OPAL) cl•
this office, interviewed CPT
he met with Mr. and r. • ho related
brothers from An Najaf, Iraq, who stated about 1130, 110)0 -viMay 04, they were traveling south, in a silver Toyota Camry with Dubai plates,_on MSR ‘. 7 ),(7 1
Tampa to purchase a vehicle in Kuwait with their friend , Mr. Ow gagri-Alhindia-Digfria;Karbala, Iraq, NFL when they were stopped at a U.S. check oint at Convoy Support
a Center (CSC) (402
Kenworth, Iraq, and searched by two U.S. soldiers. CPT
bk)ti 1 , -70-11 t related_Mr.1111111111111andTgr. _ .
described the two U.S. soldiers -----
as youn white males, both about,
tallblondeairh and..„, ,,H)-2,_
clean shaven, wearing sunglasses. CPT out
elated Mr.
att )). d and Mr. stated they ' 'I ''. ) ° e
'-2, were detained for about 30 minutes while the two US soldiers searchedThreif
-, 7 c ' person. CPT related Mr. ve ic e
tated -hadabout-7-5­
0Ir Dinar
in U.S. Currency, all of which belonged to Mr. ) .11/
CPT ,
elated Mz_
and (-602
stated the two U.S. soldiers confiscated $1,250.00 in
*,7) ---1-5700tranoinar and subsequently released them. CPT Y.alicr'kb ) E*-e
elated Mr.
nd Mr
stated the U.S. Currency was in large denominations and was stamped with a V.4" -.: — NC7)(c./ - Y '
square image
N\/.7. of a burning campfire, in black ink, which the brothers used to identify their currency. (61.
provide this office with a copy of the Spot Report on this CPT 6)-9

details) be(0 7L • AM ' 2-incident. (See spot report for .
'*. — Z
(6)(07 ?— About 0900, 22 May 04, SA
coordinated with Mr. Manager, Army and Air Force Exchange Service (AAFES), LSA Adder, Iraq APO AE 09331, and (6)6p)
ft.;
briefed him on the U.S. Currency containing a campfire stamp. Mr. aIIII1related_ he would V
7!'",:: "f
have his cashiers examine U.S. Currency for this stamp. Mr. 11111111further related he would ' -,
4.
ensure the cashiers at Camp Cedar II and Camp Scania, Iraq, were examining all U.S. currency for
this stdriiiiMr.
examined all currency on hand, which met with negative results.
Requested Mr.
detain any person attempting to negotiate U.S. currency with this stampand notify CID immediately.
d Between 0830 and 1000, 7 Jun 04, SA and SA
A office, with the assistance of Civil Affairs Interpreter Mr. this _----A
and Mr. p
LSA Adder, Tallil, Iraq, interviewed Mr
Mr.
and Mr. _ -iwho a provided written statements detailiii how
soldiers stole $1 250.00 in U.S.
currency and 159,000 Iraqi Dinar from Mr.
. They indicated Mr. asholding the money; however Mr.
owned i (See hand written statement for details)
,..N 4°. /11YPED AGENT'S NAME AND SEQUENCE NUMBER
G5A
7P. ORG NIZATION
[01r-sAIIIIRIanat 78th Military Police Detachment (CID) LSA Adder, Tallil, Iraq APO AE 09331
SIGNAT
DATE

EXHIBIT
23 Jun 04 020643
1
AINIKar. ,=or
FOR OFFICIAL USE ONLY
DOD-043708
AGENT'S INVESTIGATION REPORT
0058-04-CED939-82650
CID Regulation 195-1
PAGE 2 OF 5 PAG..cd
10 -1
DETAILS:

7)(1 ' I
....

\
About 1045, 7 Jun 04, /IIIIIMIIIIIIIand SA 111111followed Mr.
, Mr. RINIRI and
Mr
the location at which they claimed the incident occurred. The location of the incident indicated by Mr. SALIH and Mr. HUSSAIN was a checkpoint on MSR Tampa, where/ 'Iconvoys heading north enter the Refupl On the Move (ROM) site, CSC Kenworth, Iraq.WO-) ( W(7)(0 -1.
e 4 2tig-2.7
About 1610, 9 Jun 04, SA
coordinated with CPT
ho provided the Englishtranslations of the statements of Mr.
, Mr. , and Mr. he translations werecompleted by Mr
d are and ritten. See translated
for details)
About 1020, 17 Jun 04, SAAIIIIIIrcoordirialed with CPT
,C C 1/185th AR
BN, Camp Cedar II, Iraq, and briefed him on all aspects of this investigation. CPT related c. _11 he conducted an Ariny Regulation (AR) 15-6 Investigation with theresults being inconclusive.
) ;Jk CPTaingtelated a Health and Welfare Inspection of his soldiers was conducted, which met
(0‘ /ith negative Asults. CPT allipurther related he would supply this office with a copy of the

15-p, Investigation.
( 54-
About 0938, 23 Jun 04, this office received a copy of the AR 15-6 InvestItaLtion conducted by CPTjar, however it did not contain any of the statements taken by CPTIF. (See AR 15-6
investigation for details)c4)// C
. flk) -1
About 1110, 23,iJun 04,,. SA

mated with CPT who rov_ ,
_
ided hand writtenstatements of SPC
.
SG
, SP
, and SGT all of C CO,
1/185' AR BN, amp Cedar If, Iraq. (See AR 15-6 investigation for details)
.t,)e) / ..(i)CiLL-.7-e.) 2-

About 0815, 23 Jun 04, SA
interviewed SPC
who related on 11 May 04, he
was workin the Traffic Control Point (TCP) at the North ROM Point on MSR Tampa. SPC '
1W')2
elated he was unaware:of any vehicle searched on the south side of the ROM. SPC(77 t) 2-jdid not have any other pertinent information to provide to this investigation. 6)h. /; ( (7)O -/About 0820, 23 Jun 04, SA
this office, interviewed SPC1111111who relatedon L-6)6.),SPi
11 May 04, he was working the TCP at the North ROM Point on MSR Tam• a. SPC
m-2,-),e)-c
related he was working with SG
and SPC HEINT. SPC
ate• on the day oft e incident they only stopped oiliellan v hicle, which was a redpickup-truck,and thought itli
was either a Nissan or Toyota. SPC lated they were instructed to search the vehicle, as\ there was normally no civilian traffi wed going north on MSR Tampa from their TCP. SPC
0-1
-eL\ e.01,(?)-.51) la) 6-2. c)--„E
TYPED AGENT'S NAME AND SEQUENCE NUMBERe, ORGANIZATION
78th Military Police Detachment (CID)
SAM111111.111111,am
(
LSA Adder, Tallil, Iraq APO AE 09331
SIGNATU
DATE
EXHIBIT
020644
23 Jun 04 1
OR OFFICIAL USE ONLY_
d1.) 6
DOD-043709
AGENT'S INVESTIGATION REPORT 0058-04-CID939-82650
CID Regulation 195-1 PAGE 3 OF 5 PAGES
DETAILS:
illinelated there were three males in the vehicle all wearing the red and white headdresses and
white body dresses. SPC' related they searched the individuals who related they were

(4).5" (VA
going to Al Basrah and then instructed them to turn around and use the civilian route to Al Basrah. a d SPCMIlated he did not have any knowledge of the incident that occurred at the TCP of the 6,.v 2;a-cp..2. South ROM on MSR Tampa. SPCMIOdid not have any other pertinent information to provide to this investigation.
(64?)/OCC) 1 About 0840, 23 Jun 04, SAllin interviewed SG who related on 11 May 04, he was-k(b.(6)417r)2 working the TCP at the North ROM on MSR Tampa. SG lated he was working with,
4).c3-SPC11111.and SPC SGT intrelated he was in charge of the north checkpoint
ps° during this shift. SG related they searched one small red pickup truck with three males in the pickup. SG'Illillielated they were wearing white body dresses. SGTIIIIII related he was manning the radio and heard a transmission that said something about a large amount of money at the TCP of the South ROM. SGT related SPC 5111111111111111111,7, C CO 1118 th AR BN, Camp Cedar II, Iraq, told him that there was 1,800.00 in one hundred dollar bills and that the money was counted in front of the Iraqi national and given back to him. SMILE= did not have any other pertinent information to provide to this investigation.
t) )(6) (2)0 S
About 0903, 23 Jun 04, SA , this office, advised SPC OM of his legal
rights, which he waived and provi e a worn Statement wherein he denied he stole an money

om Mr.11110.11. SP claimed to have given the money he confiscated from Mr .6-gt15;Wi 75-
to 1LT , 563-91-4618, Platoon Leader, C CO, 11185 th AR BN, Camp
Cedar II, Iraq, who the returned the money to Mr. UM. (See waiver certificate and sworn
statement for details) (4,)Z/ (7. 0--e. GWR) CZICC) —54

6 btX;OirC)-5--
About 0923, 23 Jun 04, SA dvised PL AGUILAR of his legal rights, which he 0\ii 4,-)twaived and provided a Sworn Statement wher in he denied he stole any money from Mr.dealiaCPL AGUILAR related SPC searched Mr.111111.11and the vehicle while h ‘,. provided security. CPL AGUILAR related he onl had possession of the money for a brief period (2,-w —rAze-) 1L.-57V-6f time when SPC 11111took it from Mr. and handed it to him at which time he
placed it on a cement barricade. CPL AUILAR related the money was in full view of Mr.gq-, IOW and SPC1111. while he handled it. (See waiver certificate and sworn statement for Kcy-t details) (OW SP) (e_
AGENT'S NOTE: During CPL AGUILAR's interview, he continuously made references to how
"easy it would be to steal money or anything else from Iraqi's and never get caught."

TYPED AGENT'S NAME AND SEQUgNCE NUMBER ORGANIZATION
(40g P ) C7re, 78th Military Police Detachment (CID)
LSA Adder, Tallil, Iraq

SA4110111111111111/
APO AE 09331
SIGNATU DATE EXHIBIT
0213g45
23 Jun 04 1
FOR OFFICIAL USE ONLY
Uo3017
DOD-043710

AGENT'S INVESTIGATION REPORT 0058-04-CID939-82650 CID Regulation 195-1e PAGE 4 OF 5 PAGES
DETAILS:
(4)1,40.0.1(L) -2/ (lfc.) Z-About 0925, 23 Jun 04, S advised his legal rights, which he waived and provided a Sworn Statement wherein he denied stealing money from any Iraqi Nationals. (See waiver certificate and sworn statement for details)
About 1110, 23 Jun 04, SA interviewed SPC 11111.111111101111111, 1/185th
AR BN, Camp Cedar II, Iraq, w o provided a Sworn Statement detailing his knowledge of the
incident involving the stop and search of the Iraqi local national at the south checkpoint of C,SC
Kenworth, Iraq. (See sworn statement for details)
About 1221, 23 Jun 04, S obtained a Consent to Search from CPL AGUILAR
authorizing a search of hi living area. (See consent to search for details)
.6 / • 70 1.b 6J-2/P:67)-a. About 1238, 23 Jun 04, SA interviewed 1LT who provided a Sworn Statement detailing his knowledge of the mci ent involving the stop an search of the Iraqi local national at the south checkpoint of CSC Kenworth, Iraq. (See sworn statement for details)
6 I o 1_a...114C; btained authorizing
-
About 1250, 23 Jun 04, S • a Consent to Search from SP C
a search of his living area. (See consent to search for details)
.7eJ5--
About 1255, 23 Jun 04, SPCeompleted a Customer Consent and Authorization for Access Form authorizing a review of his checking account at California Financial Credit Union, CA. (See customer consent and authorization for access for details)
About 1310, 23 Jun 04, CPL AGUILAR completed a Customer Consent and Authorization for Access Form authorizing a review of his checking account at Kerns Federal Credit Union, CA.
(See customer consent and authorization for access for details)
,0 )i OtCii i 2 (V) -Z.-
About 1315, 23 Jun 04, SA nterviewed SGT
1/185 th AR BN, Camp Cedar II, Iraq, who related he was off duty the day of the incident and did not have any information to provided pertaining to the incident.
About 1430, 23 Jun 04, SA searched SPC living area located at 19-D, Tent City 1, Camp Cedar II, Iraq. The search met with negative results.
bt
)--1
About 1445, 23 Jun 04, SA searched CPL AGUILAR's living area located at 19B, Tent City 1, Camp Cedar II, Iraq. The search met with negative results.
TYPED AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION
78th Military Police Detachment (CID)
SA LSA Adder, Tallil, Iraq
APO AE 09331

/ -(7)e,
SIGNATUR
DATE EXHIBIT
020646
23 Jun 04 1 CIDe FOR OFFICIAL USE ONLY
DOD-043711
AGENT'S INVESTIGATION REPORT 0058-04-C1D939-82650
CID Regulation 195-1e
PAGE 5 OF 5 PAGES
DETAILS:
64 4)5; C-7) (e)S—
About 1515, 23 Jun 04, SAVO= coordinated with CPT
and briefed him on all
aspects of this investigation.
/////////////////////////////////////////////////7//////////Last Efitry////////////////////////////////////////////////////////////////////

094.) ;(7)Cc)-1
TYPED AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION
78th Military Police Detachment (CID)
SA 11111111=1.1 Aug
LSA Adder, Tallil, Iraq APO AE 09331
DATE EXHIBIT
23 Jun 04 1 020647
FOR OFFICIAL USE ONLY
U0 0 111.9
DOD-043712

Page(s)
20

Referred to:
U.S. CENTRAL COMMAND
7115 SOUTH BOUNDARY BLVD
ATTN: CCJ6-DM
MACDILL AIR FORCE BASE
FLORIDA 33621-5101

Master Sergeant. b)(7)(c) .2
centcom.smil.mil
— (813)-8271111111BRK.—

Page(s)


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Withheld due to:
Foreign Language Photos depicting Americans Photos depicting foreign nationals Civilian Agency Records Polygraph
Pending Declassification
020649
DOD-043714
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FOR OFFICIAL USE ONLY
j
EXHIBIT_ r Q
DOD-043719

Page(s)
37-L/3
Referred to:
U.S. CENTRAL COMMAND 7115 SOUTH BOUNDARY BLVD ATTN: CCJ6-DM MACDILL AIR FORCE BASE FLORIDA 33621-5101
Master Sergeant
centcom.smil.mil

.(813)-827-
020655

•... -04-Ce39- 826
,..../....41=1.0. RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form, see AR 190.30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY:.
Title 10, United Slates. Code, Section 3012(g)
PRINCIPAL PURPOSE:.
To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES:.
Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE:.
Disclosure of your Social Security Number is voluntary.
M. 1).31/ 76J r.
1. LOCATION -
2. DATE
3. TIME
4. FILE NO.
L5A •Aadm.cry.moo )4E. 40113 I al 5-44,1 0 if 0/49
5• st, First, MI)
8. ORGANIZATION OR ADDRESS
00, oss 3 A)
• c A r 14401
•.1, ,..._ 7. GRADE/STATI661 .
6. '.. 1.( /ec eclo.re_.)e',. gtek. ?fro lige 09 33 /_
PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE .
04AriN)5" _
Section A..Rights
..,. i •..
The investigator whose name appears below told me that he/she is with the United States Army
Cy-, r..., • si 4.1..•,ri v42,4 -t- .54. A -NA
C0. ..eitittlt
__, and wanted to questioviee about the following ottyn,$) of ich lam
. ...
SUSPeCtedinedideekqed% be4ey itei.v*_Ig.16011.0 Dat.4% +. evin ; CO-14 Se;r43.er N., Stlika ( I_I A,
Before he/she asked me any question

about the offense(s), however, he/she mgde it clear to me that (have the following rights. .
1. rr do not have to answer any questions or say anything.
2fAnything I say or do can be used as evidence•against me in a criminal trial.
3 .,'(For personnel subject to the 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.

-or -
(For civilians not subject to the 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. I understand that this lawyer can be one that I arrange for at

my own expense. or if I cannot afford a lawyer and want one, a lawyer will 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.
5. COMMENTS (Continue on reverse side)
Section S..Waiver
I understand my rights as stated above.
I am now willing to discuss the ottense(s) under investigation and make a statement without talking to a lawyer first andwithout having a lawyer present with me.
-. WITNESSES (Il available) 3. SIGNATURE OF INTERVIEWEE
04),5—
la.tNAME (Type or Print)
() (21k: -5
4
b. ORGANIZATION OR ADDRESS AND PHONE
:.• --1T:iv..NE..t.• :
-2a7 NAME (Type or Print)
5.eTYPED NAME OF. INVESTIGATOR Zi.)0 / •
...(061
"3 A
b. ORGANIZATION OR ADDRESS AND PHONE C •
ORcy• • •ts,i OF INVEST! A
797k 407 p 2.-r cc 1 typ-‘40 Ls-A "icier z-t-4. at Ai° fl .4)93 3 t
Section C..Non-waiver
1. Ido not want to give up my rights:
0 2-0e6 5 6 .eI want a lawyer. G., Ido 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.
1, NOV 89 EDITION OF NOV 84 IS OBSOLETE
FOR OFFICIAL USE ONLY

DOD-043721
-e(b407(7)) S ceiti&o exa.4444 oe -,,d0 5 8 —04—C ID939-826
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is Office of The Deputy Chief of Staff for Personnel.
LOCATION DATE TIME FILE NUMBER
LA NAME, FIRST NAME, MIDDLE NAME SOCIAL SECURI NUMBER
GRADE/STATUS Z7: —
9 C co,tJt1 9 s•eAl f ....t • I. es..:4•¦ 17----;:;,fe. 7/ 0 ' , . I 3 /
— /
I.e , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
4.....,....i4t.2.-ts.,,,,t1-1...“t(A.(tA 1r i ki ,.-.1 ..1"1..ra r ; IIIA Arhy jco...t -.foird'eld I .014 -fj+1
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EXHIBIT INITIALS OF PERSON MAKING STATEMENT
0 2 0 652_ 1 OF _PAC;FS
ADDITIONAL PAGES MUST CONTAIN THE HEADING TEMENT OF
itTAKEN ATtDATEDtCONTINUED." THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS "PAGE OF PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.,„., „.
SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL BE USED. t6dJJ 11DA FORM 2823 FOR OFFICIAL USE ONLYeEAHIBiT
1 Jul. 72 -
DOD-043722

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00 5 8 — 4 —C 1D939 82650
FILE NUMBER:
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Statement Of: Taken At: CI"°heal Dated: Continued
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DOD-043723

0058 -0 4— C 1D93 9-82650

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Statement Of: Taken At: Dated: Continued
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020659
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FOR OFFICIAL USE ONLY_ INITIALS OF PERSON MAKING STATEMENT: e e u7"'J94 7
PAGE e
3 OF ePAGES
DOD-043724
II CO; NO 03-
0'58 -04 — C 1D939-82650
Acefri 40 )700
FILE NUMBER:
Statement Of: •
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AFFIDAVIT
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I , HAV READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS 0 PAGE 1 AND ENDS ON PAGEe: ULLY UNDERSTAND THE CONTE.NTS_PE
TtlE•ENTERg STATEMENT MADE BY ME.
THE STATEMENT IS TRUE. I HAVE INITIALED ALL e•RRECTIONS 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 UNLAWFUL INDUCEMENT.
—1011111111111111 on Making Statement) —
VyITNESSES:
Subscribed and sworn to before me,ppersone7auAled by law --eto administer °As, this Atay of 'Toiti ee_, 204e at Ls4 /Ha fe.• c., A.• Pif 07 7 /
ORGANIZATION OR ADDRESS
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(Authority To Administer Oaths)
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INITIALS OF PERSON MAKING STATEMEe
7
PAGEeOFeGES
FOR OFFICIAL USE ONLY EXHIBIT VO-1 _8 •
DOD-043725

00 5R-0 4 -C 1D939-82650
RIGHTS-WARNING PROCEDURE/WAIVER CERTIFTe.:ATE
For use of this form, see AR 190-30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY:.Title 10, United States Code, Section 3012(g)
PRINCIPAL PURPOSE:.To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES:.Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.

DISCLOSURE:.Disclosure of your Social Security Number is voluntary.
1..LOCATION 2. DATE ali-3. TAUP 4. FILE NO.
CID Office, LSA Adder, Iraq APO AE 09331 • UrrZ J PI
1-3 alt1E-oLf
5. NAME (Last, First, Ml) 8. ORGANIZATION OR ADDRESS
AGUILAR, David Joe C Co, 1-185th AR BN
6. SSN ..4 ' 7,16 (2) 7. GRADE/STATUS Camp Cedar II, Iraq APO AE 09331
CPL

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 Criminal Ivestigation Command
as a Special Agent
and wanted to question me about the following oifense(s) of which I am
suspected/aLk Robbery/11CA

Before he/she asked me any questions about the offensels), however, he/she made it clear to me that I have the following rights:
1.
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 UCMJtI have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with ma

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.

-Or -
(For civilians not subject to the 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. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer

will be appointed for me before any questioning begins.
4.
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.

5.
COMMENTS (Continue on reverse side)

Section B. Waiver
I understand my rights as stated above. I am now willing to discuss the offenseis) under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me.. ,-
WITNESSES (If available) 3.tATURE I. INTER I !EWEE
la..NAME (Type or Print)
i
b. ORGANIZATION OR ADDRESS AND PHONE 4.e....121tl1rilkeVES ,,isetillIMP
2a..NAME (Type or Print) .t. • .i;¦, • i INVESTIGATOR
. lames .
b. ORGANIZATION OR ADDRESS AND PHONE 6. ORGANIZATION OF INVESTIGATOR
78th MP DET (CID)(FWD) LSA Adder, Iraq APO AE 09331
Section C. Non-waiver
1. I do not want to give up my rights
. I want a lawyer 0.I do not want to be questioned or say anything
2. SIGNATURE OF INTERVIEWEE
020661
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT IDA FORM 28231 SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE (IAN .% 2,01, d ij 4 9
FOR OFFICIAL USE ONLY EXHIBIT .
DOD-043726
SWORN STATEMENT 0 0 5 8 -04-C ID9 3 9-82650
LOCATION: DATE: 1.1A TIME: A FILE NUMBER: CID Office 23 Jun 04'Ai 1 LSA Adder, Iraq APO AE 09331
LAST NAME, FIRST NAME, MIDDLE NAME: SOCIMINMBER: GRADE/STATUS:
AGUILAR, David Joe CPL
ORGANIZATION OR ADDRESS: 7(c) C Co,1,1105_LAIL
' _ BN,Camp Cedar, Iraq APO AE 09331
n, David J. AGUILAR, want to make the following statement under oath andof my own free will: I am not sure about the time, but it was on 11 May 04. We stopped a vehicle headed south bound on the Iraqi ass. There were three Iraqi men in the vehicle. We pulled them off to the side e road, there was two in the front and one in the back. The driver was w ' g a business suit, and the other two were wearing
z ivilian clothes. As SP d myself ask the persons to get out of the vehicle we
)
ked them to make sure the doors were open. Prior to searching the vehicle SPC
C.7)(0.-‘ ched all the persons individually The Iraqi with the suit on was the first to
be searched. SP found documentation, Dinars and some U.S currency at that

,
point we did not know w t it was, as it was wrapped up. SPC 111.1 handed it to me
2 and I place it on the-K rail. SPC searched the other two individuals, and found about the same stuff. SP at all the property from all three persons on the cement K rail. We put the three individuals in front of the vehicle and I provided over watch while SPCsearched the vehicle. I am not sure where he started. When he was searching theS11,1 told him to search under the spare tire. I was just assisting him on telling him were to search. They had a lot of bags, so we had the driver open all the bags, as I told SPC not to open them. The driver opened all the bags. After completing the searc we questioned them as to where they were going and what they were doing. Finding that hey had an abundance of money I questioned them on why they had the money. They Iraqi in the business suit told me he was a banker, a police man and a professor. He was just trying to show us what it meant and we told him we could not understand it. We did not believe what he was saying. That's when I told him he needed to follow us. We then took him to the south Entry Control Point (ECP), I led the way, the Iraq as in e middle and SPCA'S/was behind him. When we approached the ECP
iiii
64 ) 2 fit)=23.1 L was there, and we told him the situation he had, the guy giving several about what he did. He told me to 't u I started walking away and SPC and the Iraqi arrived up to 1LT w ked to
a,.)S-J0.)@)C •
took a while for Hell fighter base to get back with me. Hell fighter bas
saying to take a picture of the Iraqi and his car. SGT ISINI/ came over the radio

and informed them that he already had a picture of it. Hell fighter base said to go a head and let them go. I came out of the M113 and the Iraqi was leaving. I didn't see anyone give the Iraqi back his money.
Q: SA
A: CPL AGUILAR
(6)COf jC7t)
Q: Did you type the above statement?
-
A: I spoke it and SA typed it for me. /
Q: What color, make and model was the vehicle you stopped?
020662
EXHIBIT INITIALS OF PERSON MAKING STATEMENT PAGE I OF Li PAGES 171; u j 5
FOR OFFICIAL USE ONLY
EXHIBIT II

DOD-043727

0058-04 -C 1D939 -8265f.
STATEMENT OF CPL David J. AGUILAR, TAKEN at the CID Office, LSA Adder, Iraq, 23 Jun 04, CONTINUES.
A: It was a lightish color, silver or tan, I think it was a Camry, I don't know what year, it might have just been a Toyota.
Q: Was the vehicle trying to enter the ROM?
A: No, it was going southbound.Ota-AQ: Why was this vehicle stopped and searched?
y, %4 A: It was a random search, we have done these in the past and came up successful on(44)04:741-lincoofiscating weapons. (b)i)Stitc,)( -5. Q: While SPCIMIlwas searching the Iraqi men, what were you doing?
A: I was observing, for security reasons.
Q: Where were you in relation to tlr
eii men?
A: I was off to the right of SPC and parallel, I had visual on SPC. and the men being searched.
Q: Did you search any of the Iraqi men?
A: No.
Q: What did SPC do with the items that were taken off the Iraqi man with the business suit on?
A: Handed the items to me.
Q: What did you do with the items?
A: Placed them on the K Rail.
Q: What was found on the Iraqi man in the suit?
A: A lot of bundled up papers, Iraqi Dinar, Kuwaiti Dinar, and he had some American money wrapped up in some paper, that I did not notice at first.
Q: Did you count the money at that point?
A: No.
Q: What did die two Iraqi men have on their persons?
A: Passport papers and a few Dinar, both Iraqi and Kuwaiti.
Q: What happened to the items on the other two Iraqis once SPC um removed the items from them?
A: He handed it all to me.
Q: What did you do with it?
A: I place it on the cement K rail.
Q: When SPC
started searching the vehicle, who was providing security for the money and other items left on the K rail?
A: I wasn't worried about the money and those other things, I was more concerned with
the security of SPC ma so basically no one, but no one else was in the immediate vicinity of the money, so it was safe.
Q: Was anything found in the bags the Iraqi men had in the vehicle?
A: Nothing to be concerned about, it was mostly clothes.
Q: When you realized they had an abundance of money, did you count it?
A: No, I just looked at it and realized it was a lot of money and questioned them.
Q: When you told the Iraqi man to follow you, who had possession of the money?
A: SPC
Q: Up torroint had anyone else had possession of the money?
A: I did only when Itnoticed it was a lot of money.
Q: What did you do with the money once you realized it was a lot of money?
A: I placed it back on the K rail, I was holding it up for them to see it as I asked them what they were doing with all the money.
Q: Who took possession of the money when you started escorting him to the south ECP?
020663
EXHIBIT INITIALS OF PERSON MAKING STATEMENT PAGE 2011? Li PAGES piia
j51
EXHIBIT IS L
DOD-043728

a/J(4)Z ;0"C) 01610.5-LW

ACe/21-4 a a 0 1-ec)
JO 58-04—C ID939-82650
STATEMENT OF CPL David J. AGUILAR, TAKEN at the CID Office, ISA Adder, Iraq, 23 duo 04, CONTINUES.
A: SPC amp
Q: How did SPC1111110 take possession of the money?
A: I just told him to grab it and I started walking over there, I never knew he had it in his pocket until afterwards when somebody questioned me about why SP had the money in his pocket. I don't remember who questioned me, but I know is the one who brought it up to that person.
6, ,,6) 2; (7)0
Q: Did you steal any of the money belonging to the Iraqi man?
A: No.
Q: Do you know who stole the money belonging to the Iraqi man?
A: I don't know who supposedly stole whatever money, the money we had supposedly got back to the owner.
Q: Did you see SPC 1.1111place the money in his pocket?
A: No.
Q: Did you see anyone take any of the money?
A: No.
Q: What denomination wa.4 the U.S currency in?
A: Hundreds
Q: What denomination was the Dinar in?
A: The only one I saw was $20's, and that was like Kuwaiti, the other were smaller bills of the Iraqi Dinar.
Q: Was the money given back to the Irgai's or thrown in the car as they drove away?
A: I wasn't there when the money was given back; I was still on the radio.
Q: When you walked out of the M 113 what didyou witness?
A: All I saw was 1 LT allilland SG around the HUMVEE and the Iraqi was getting in 's vehicle. Cb 02i 6
Q: Where was SP
A: He was still talking to 1LTialla.A
A.)A2 M •
Q: Was anyone else in the M113 when you went to make a call on the radio? a
A: I think SPAM was sitting on top of the MI 13.
Q: Do you know who would have had to opportunity to take the money?
A: Well, I don't think anyone took it, but anyone could have had the opportunity, anyone who came in contact with it. I don't know anyone that took it or would have taken it.
Q: Do you have anything you wish to add to this statement?
A: I wish this could have been completed a lot sooner, it would have kept a lot of people from being stressed out.
Q: Do you have anything you wish to add to this statement?
A: No.///END OF STATEMENT///1-)fv
020664
INITIALS OF PERSON MAKING STATEMENT PAGE 3 OF 1-1 PAGES Of i f rt
5 2
EXHIBIT 11
LINE, IV_Likr•IA I I ICC rVai
DOD-043729
00 58-04 —C 1D9 3 9 8265
MUM S WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form_ see AR 190-30: the proponent agency is ODCSOPS

DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY:
Title 10, United States Code, Section 3012(g)
PRINCIPAL PURPOSE:

To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additional/altemate means of identification
to facklit,ate filing and retrieval.
DISCLOSURE:
Disclosure of your Social Security Number is voluntary. %. J),-7) (C)—Z,
a)CA) AZ 1
1. LOCATION '
2. DATE , - 3. TIME 4. FILE NO al aq
78th MP DET (CID)(-), LSA Adder/Tallil APO AE 09331
23 Jun, '04 0058-04-C160,k
t-82650
irDcl
Last, First MI
8. ORGANIZATION OR ADDRESS
C CO, 1/185h Ai BN
6 SN

i..1
7. GRADE/STATUS
Camp Cedar, Tallil, Iraq .`
SGT/E-5 .,
ri
PART I -RIGHTS WAIVER/NON-WAIVER CERTIFICATE j j
Section A. Rights

.i),
The investigator whose na apears below told me that he/she is witN the United States Army
Criminal Investigation Command

A0(7) (a) L
and wanted to question me about the following offense(s) of which I am
suspected/ad
Larceny and Robbery///
Before he/she asked me any questions about the offense s),
however, he/shemade it clear to me that I have the following rights:
s44
I. I do not have to answer any questions or say anything.
2. Anything I say or do can be used as evidence against me in a criminal trial.
3. (For personnel subject to the 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. _

-OT -
(For civilians not subject to the 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. I understand that this lawyer can be

one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer will be
appointed for me before any questioning begins.

4.
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.

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 a statement without talking to a lawyer first and
without having a lawyer present with me.
WITNESSES (If available)
3. SIGNATURE OF INTERVIEWEE
(b)(4) —Z-
1 a. NAME (Type or Print)
r. (10) (7) 1 6 ) -Z
b. ORGANIZATION OR ADDRESS AND PHONE 4/SIGNATURE OF INVESTIGATOR
(43)
2a. NAME (Type or Print)
5.A STIGATOR SA /
b. ORGANIZATION OR ADDRESS AND PHONE
6. ORGANIZATION OF INVESTIGATOR 78th MP DET (CID) (-)
LSA Adder, Tallil, Iraq APO AE 09331 Section C. Non-Waiver
1. Ido not want to give up my rights:
020 666
¦ 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 (DA form 2823) SUBSEQUENTLY EXECUTED BY THE SI TRIDECT/A Cr-7 Tcpn
WIDA4 IRR1 NCIV RO
FriTTTr1XT nu NITIV Rd IC cmCCIT FTP
UJJ`Ja4
EXHIBIT
FOR OFFICIAL USE ONLY
DOD-043730
00 58 -0 4 -C 1D939-82650
SWORN STATEMENT
File Number: 0058-04-C1D939-82650 Location: 78th MP DET (CID) (-), LSA Adder, Tallil, Iraq APO AE 09331Date: 23 Jun 04 Time: Statement of: SSN: SGT 0(.)2 Pt) a Org/Address: C CO, 1/185th AR BN
Zodeo olate6itA
Camp Cedar, Iraq ho/ed
want to make the following statement under oath: I deployed to Kuwait on 17 Mar 04 and got to Iraq on 4 Apr 04. My company is assigned Force Protection. We have a roving patrol around Cedar 2 along with a QRF, Refuel on the Move (ROM) security and the third mission is South Entry Control Point (ECP) of Cedar
2. On 11 May 04, my squad was security and force protection on the ROM site which is on MSR Tampa. Sometime mid morning before lunch I was on my way to the South TCP to check on my guys there. It was a routine roving check. En-route I heard a radio transmission in which CPL AGUILAR contacted our HQ's (Hellfighter Base) and wanted to know the amount of cash a local national could have on their person. That got my attention because we had been through it before that the amount of cash is not an issue due to there being no national banks or credit cards. I arrived at the South TCP on MSR Tampa and observed an Iraqi national at the guard shack with CPT AGUILAR,(.4,)51;
SPC and ILION'!" I asked what the situation was and they brieflycgc)5-01 explained they searched the vehicle and found a large quantity of American Money on kliathe individual and that the individual's story changed as for the reason he had so much
(OP money and what he did for a living. I talked to the Iraqi national and took his identification cards and they looked legitimate and then consulted with 1LT who stated from what he saw it was legitimate for the Iraqi national to have e money. I concurred and asked the gentleman if he had the money and he said he did and pulled out the folded money. I proceeded to take his picture along with ID card. I escorted him back to his vehicle and then took a picture of the vehicle. Then he departed the scene.
Q. ..‘,W/i(7)(C--) -i
A.
Q. Who was with you in your vehicle?
A. SPAM (-4C6,6-, (710-3—
Q. Who was working the so t point during this incident?
A. CPL AGUILAR, SPC d I am not sure of the third person.
Q. Did you hear any other radio transmissions in reference to this incident?
A. HQ came back with something like "how much is it" and then the response from CPL AGUILAR was I think "about $3000.00 US dollars." HQ also inquired as to my location and I informed them that I was about 1 minute from their location and was en-route. HQ requested I advise when I got briefing on the situation.
Q. What is the unit policy in reference to searching Iraqi civilians at checkpoints?
A. We did not have a written SOP. This incident brought out a need for a written SOP. Our unit was doing what we were taught by 82 nd Airborne when we did our relief in
020667
INITIALS OF PERSON MAKING STATEMENT
ler.
PAGE 1 OF L+ PAGES 0{10355
EXHIBITI I
..-.....
DOD-043731

Doc_nid: 
4104
Doc_type_num: 
66