CID Report: 0129-0CID899-63556

...jSUSPENSE DATE (MTMMODI ..8COMMANDER'S REPORT Or 1 \SCIPLINARY OR ADMINISTRATIVE ACTION For use of this form, : '9045; the proponent agency is ODCSOPS 2004/01/21 PRIVACY ACT STATEMENT AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSN/. 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 additionallalternate means of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your social security number is voluntary. . 1. THRU 2. TO 3. FROM SJA 323D CID 1/36th INF, lADAPO AE 09324 APO AE 09324 APO AE 09324 4. USACRC CONTROL NUMBER 5. MP REPORT NUMBER 6. SUB-INSTALLATION IDENTIFIER 0129-0C1D899-63556 To be completed by the commander or supervisor of the subject identified below and in corresponding MP/CID report. Check all applicable blocks. Briefly explain circumstances not covered by blocks. For multiple offenses resulting in more than one type of action taken or action taken for offenses not listed in the report, explain in block 15, Remarks, which offenses apply to blocks checked and action taken for other offenses. Retain last copy and return all others to addressee indicated in "TO" block on completion of final action. kric-ci, up-6- ,. 7. NAME OF U JDLa t First, MI1 8. GRADE SPC 9. SSNk*L-6( 42(1"-f—Milli. 10. DATE OF BIRTH 100,4. *-5-66-6-MOM 11a. OFFENSE(s) 1 lb. DATE OF OFFENSE(s) Article#128, UCMJ, Assault 2003/08/17 , 12. ACTION TAKEN e. * NONE D(1) INSUFFICIENT EVIDENCE D12) OTHER (Explain in Remarks) . Subject was advised that although no action was taken, the report would be retained in Army records and that requests for amendment, correction, or expungement may be submitted IAW AR 19045 (MP Reports) or AR 195.2 (CID Reports). DI b. ADMINISTRATIVE REFERRED TO (Check appropriate blocks)D DATE REFERRED (VYYYMMDD)DDATE RESPONDED (YYYYMMOD) F = FAMILY ADVOCACY D = DRUG/ALCOHOL ABUSE S = SPECIAL REFERRAL E = EQUAL OPPORTUNITY L = LEGAL OFFICE M = MENTAL HEALTH R = RELIEF AGENCY I X c (Article 15, UCMJ) NONJUDICIAL COMPANY GRADE X FIELD GRADE SUMMARIZED GCM AUTHORITY GENERAL OFFICER _ d. JUDICIAL Of subject was tried by court-martial attach a copy of the court-martial order giving findings and sentences.) SUMMARY COURT MARTIAL GENERAL COURT-MARTIAL — — SPECIAL COURT-MARTIAL CIVIL COURT 13. JUDICIAL FINDINGS _ GUILTY DISMISSED — _ NOT GUILTY OTHER (For example, guilty of a lesser included offense. Explain in Remarks.) 14. RESULTANT SENTENCES, PUNISHMENTS, OR ADMINISTRATIVE ACTION 1 I. a. REPRIMAND b. ADMONITION IU ORAL 1121 IN WRITING t.--DETENTION----(I. -FORFEITURE ITFINED $ -------i MONTHS f. REDUCED FROM TO g. EXTRA DUTY FOR DAYS I h. RESTRICTED FOR DAYS i. CORRECTIONAL CUSTODY FOR DAYS j. CONFINED YEARS MONTHS k. PUNITIVE DISCHARGE ADJUDGED TYPE: I. ADMINISTRATIVE DISCHARGE . EFFECTIVE DATE m. OTHER (For example, suspension of driving privileges. Explain in Remarks.) DA FORM 4833. DEC 19988 . A FORM 4f111 .IIIN Rfl IS nasal FIT 00240 01 DODDOACID 006782 Page(s) • 7- q • Referred to: U.S. CENTRAL COMMAND 7115 SOUTH BOUNDARY BLVD ATTN: CCJ6-DM MACDILL AIR FORCE BASE FLORIDA 33621-5101 MS. JACQUELINE SCOTT scottj@centcom.smil.mil (813) 827-5341/2830 00263 7 I. .,Wklk,;',I1‘,, t,,,''.,, ,;,, ; ?, kVA.‘'N ,, . i.V:;%I. 1":,,*'fF 4. iiakiMI-Aik)i.V'AX: iNVWF:Witirs'S'iN1-'f.j4Z:',3i 2i,i7'‘:: MFINV' . " ;.N17iNIQ;41 DATA REQUIRED BY PRIVACY ACT AUTHORITY: Title 10, United States Code in 3012 (g) ROUTINE USES: Your socir rity number and other personal information Are used - _a additional/alternate means of identification to facilitate and retrieval. PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with DISCLOSURE: Disclosure of your social security # is voluntary means by which information may be accurately identified. 1. Rec Code: 2. Action Code: 3. Date: 4. Rel to Case: 5. Control: 6. Sequence ,# 7. Year: 8. Office 9. ROI # ...... Offense: Subject -Q3-CID ,&‘9.1 - 6,353 - C3 i , ,ry,i,,,,,: ,,,, a. 1.: ':-*. -Divlb • .. ....A14':'PA:f • ' , Last Name: 1. First Name: 12. Middle Name: 13. Grade/Rank: 1...0 1,4, bl-c•q, loip - 0 3.c.-q OM b7c,..y b4,,..y E-7/SFC • 1 14. Social Security Number: 15. Other ID Number: 16. Date of Birth: 18. POB St: I 19. FOB Zip: imat..„, 101111111.61-c-441,10 1.-14 WINN bx-iii 1:441 _ allo blw,66/1111111ft koc. 4( i -q 20. Sex: 21. Race: 22. Ethnic: 23. Height: 24. Weigh : 25. Hair: 26. Eye Color: 27. Citizen: 28. Educt 29. Prior Record: 30. Marital: Caucasion 69 190 Brown Brown US 14 Married 31. MOS: 32. Job DescriptioniLoct.tion: 33. MC: 34. Secunty Clr: 35. Ph sical Marks/ Tattoos• -Wei 36. Spouse Military: Branch: 11B INFANTRY Top-Secret Yes: ¦ No: .1 37. Alias/Nicknames: 38. Alias/Nicknames: 39. Alias/Nicknames: 41)..1Jnit/ Organization: 41. Unit Phone Number: Home: Cell/Pacer: HI-IC 1/36, IAD N/A 42. Military Service: 143. Sub Unit: 44. Fort/City: 45. State: 46. Country: 47. Zip Code/APO: 48. Home Address:04-414424i 49. Cit : /04)(0" II 50. State: 51. Country: 52. Zip Code/APO: 4111t. 1•111111111111111111111.0 411111i 64c-14A-it,,,,$„ MI,8,.,8!i,, ;;;,,-8ip...., N , tom , ,x,y _a .9 7 .•,''' ..,0 1 ¦:, '', V!,-7.g04 i:, -v . ,i4-;:4:1±,',:ig 53. JUV: 54. Family Rel: 55. Last Name: 56. First Name: 57. Middle Name: 58. Social Security: 59. Grade/Rank: 60. MC: 61. Unit: • 62. City: 63. State 64. ZIP/APO: 65. Phone: Wk: H : at ,Wi'4,0i.V 1 , -'' . -N: A' . li' -.40:;;:i!.!.:wt.%,aG; V K' 4,,,,1!A F,,FENSXZI.:720 'i . ..., "iii,k;q:,:e.:,,k - :.,. . ' '.:::,-;;,, . .. A .1.• , ,.. ,,.':; .,1‘;.4,:,-:n, 66. Offense Code: 67. UFC: 68. Offense Code: 69. UFC: 70. Offense Code: 71. UFC: 72. Offense Code: 73. UFC: , ,. :. 1.,, 4,Aii,;m,, , ;-,;i; nt .if it;t-.; .1:.v ' Ot,..,. I * '$104$11ki 1) 1*,t100 ,:. r ,' .•-•6-E ,,.: it ,,,. ,;:k ' , ! ,..jfii1.1 4 , Telephone: ETS: PCS/DEROS: Date / Time Interview START: . Date: Time: Place of Interview: Date / Time Interview END: Date: Tirne: ---Disposition: . ,li , ' :;,,,,,,: 1; 7 ICI; - OROVAVP:MetAN:4441140NAVO.aek:41AtAtiNAtr . 74. Category: 75. Type: 76. Recovered: 77. Value: 78. Insurer: Policy: Year/Date Exp: Yes: ¦ Non / 79. Year: 80. Make: 81. Model: 82. Vehicle Style: 83. # of Doors: 84. Color: 85. Size: 86. V.I.N: 87. License Plate: 88. State: 89. DOD Decal Number: NOTES:8•8 " e 6 00262 DATA REQUIRED BY PRIVACY ACT AUTHORITY: Title 10, United States Code F 3012 (g) ROUTINE USES: Your soci?' 'irity number and other personal information Are usec additionaUaltemate means of identification to facilitate and retrieval. PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with DISCLOSURE: Disclosure of your social security # is voluntary means by which information may be accurately identified. I. Rec Code: 2. Action Code: 3. Date: 4. Rel to Case: 5. Control: 6. Sequence # 7. Year: 8. Office 9. ROI # Offense: Subject . ) 2.". - 03 - CID gl 553-kawa : - 100 c,-.4.,,Ya " --0 . _ iftars00:7. -: 'I'l. . VM, 1 . z ,,, 10. Last Name: 11. First Name: 12. Middle Name: 13. Grade/Rank:allaIIIIIIII bl-e--q, b co -4/ WO bi-C-gib(p-cf alili bi.c.A.1 b@ q E-4/CPL - 14. Social Security Number 15. Other ID Number: 16. Date of Birth: 17. POB City: 18. POB St 119. P013 Zip: MEM 1216441 b6-41 6111111.121041 6Q,• ti MIIIIIIIko4-41ix.-411. 6v,-yo„,-4/111111640444, ido i 20. Sex: 21. Race: 22. Ethnic: 23. Height: 24. Weigh : 25. Hair: 26. Eye Color: 27. Citizen: 28. Educ: 29. Prior Record: 30. Marital: Male Caucasion 72 155 Brown Brown US 13 Single 31. MOS: 32. Job Description/Location: 33, MC: 34. Security CIr: 35. Physical Marks/ Tattoos: 36. Spouse Military: Branch: 11B INFANTRY No Clearance 1014.-t{ 1 64-4 Yes: ¦ No: ¦ 37. Alias/Nicknames: 38. Alias/Nicknames" 39. Alias/Nicknames: none 40. Unit/ Organization: 41. Unit Phone Number: Horne. Cell/Pager: HHC, 1/36, 1 AD 42. Military Service: 43. Sub Unit: 44. Fort/City: 45. State: 46. Country: 47. Zip Code/APO: 48. Home Address: 49. Cit 50. State: 51. Country: 52. Zi Code/APO: 0111.11.110 b4c, b b4 -bic.-y Ida -L. , ciq • 6- ,. . ,. , ,,, , FA, ;.-- 1 MITIr'5' UktEV''.: -: .' 1,-Y:.;:;,::'...'.1-....;'.°..:.-',:,!'':.A ,r .4. '4":Y¦ :ti' ' V.V_. 53. JUV: 54. Family Rel: 55. Last Name: 56. First Name: 57. Middle Name: 58. Social Security: 59. Grade/Rank: 60. MC: 61. Unit: --- 62. City: 63. State 64 ZIP/APO: 65. Phone: Wk: _ Hn-i'.- - 4 It:Z' . 'A•4it cq!Vi%•' . 7 ,.: gr - _ ',:? , • 5 : 80:: • , ..'t:''.:•: • . -,:. • •• . , ;7;4:2 66. Offense Code: 67. UFC: 68. Offense Code: 69 UFC: 70. Offense Code: 71. UFC: 72. Offense Code: 73. UFC: , Iii. , ii.P ., 4 ii, 0 s, 'ir t, . •J ,1: , .. ,.....; .. PgA *Illii*OTMO,,VAtitATA.., •i2, ,.': ;, :;'L:, " Telephone: ETS: PCS/DEROS: Date / Time intervieNN START: Date: Time: Place of Interview: Date / Time Interview END: . Date: Time"'-' -Disposition: - •itv ,`• Y',,„,. bYs c. IV 'Y'. 7. Acilin 7 MO " ,-." 11 )r1;" ' ''..'.', war,. ' 1,;,,17,. 721. Category: 75. Type: 76. Recovered: 77. Value: 78. Insurer: Policy: Year/Date Exp:Yes: ¦ No:• / 79. Year: 80. Make: 81. Model: 82. Vehicle Style: 83. # of Doors: 84. Color: 85. Size: 86. V.I.N: 87. License Plate: 88. State: 89. DOD Decal Number: NOTES: ETS -09 Oct 05. PCS 24 MAR 04 to unknown duty station _AST HIV TEST: • - b0261. . , .. DATA REQUIRED BY PRIVACY ACT AUTHORITY: Title 10, United States Code 'ion 3012 (g) ROUTINE USES: Your soci •urity number and other personal information Are use An additional/altemate means of identification to facilitate and retrieval. PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with DISCLOSURE: Disclosure of your social security # is voluntary means by which information may be accurately identified. 1. Rec Code: 2. Action Code: 3. Date: 4. Rel to Case: 5. Control: 6 Sequence 4.7. Year: 8. Office 9. ROI 4.Offense: Subject DI -2/ - C) . - CID (gc15 -6,55-40 -,8.,,, t;if "' • : 44', ii;f: 151 -," 't ' ,i 14: nal-NUL-DA - • -' ,t, 5....;:, . „4.; :,,,,., , --,-,R.4 ,,..: .., , 1 -q 10. Last Name: 11. First Name: 12. Middle Name: 13. Grade/Rank: IM1111124cAbc..-s" aliii1 b4c...$)b(es-mum 6'7c•s-I £4 -S1 E-4/SPC 14. Social Security Number: I 15. Other ID Number: . 16. Date of Birth: 17. POB Cit Ssidefir 18. POB St: 119. POB Zip: allillib4:fiC-15-I kGrf 1-iiiialiks""ibeg IND 1144-5/Ws/ -6- 20_ Sex: 21. Race: 1I22. Ethnic: 23. Height: 24. Weigh : 25. Hair: 26. Eye Color: 27. Citizen: 28. Educ: 29. Prior Record: 30. Marital: Male ' Caucasio 71 165 Brown Brown US 12/HS Single 31. MOS: 32. Job Description/Location: 33. MC: 34. Security Clr: 35. Physical Marks! Tattoos: 36. Spouse Military: Branch: 96b I INTELIGENCY Top-Secret Yes: ¦ No:• 37. Alias/Nicknames: 38. Alias/Nicknames 39. Alias/Nicknames: 40. Unit/ Organization: 41. Unit Phone Number: Home: Cell/Pager: FIF1C, 1/36, IAD 42. Military Service: 43. Sub Unit: 44. ForUCity: 45. State: 46. Country: 47. Zip Code/APO: 48. Home Address: Gm Age% 49. Ci: 50. State: 51. Country: 52. Zip Code/APO: C,...Ei bee bit••6 en - 5-, • 6- alk 614 -t-1 , 1 , f. , ,M ,",!','R . ' 4. '0.. . , 1 e 45.1ng ; 07 (,' ' 51t..; ;',,'.,! ..1 .i 53. JUV: 54. Family Rel: 55. Last Name: 56. First Name: 57. Middle Name: 58. Social Security: 59. Grade/Rank: . 60. MC: 61. Unit: _ _ 62. City: 63. State 64. ZIP/APO: 65. Phone: Wk: Hm: 01n4Qq ' -'-', 'e, .0:',V; l I .,, .„. 66. Offense Code: 67. UFC: 68. Offense Code: 69. UFC: 70. Offense Code: 71. UFC: 72. Offense Code: 73. UFC: 0 4 '' i''' l7i '711: -. :':-'';', 4 ' ' l ¦ ',. " . t MINISTRATIVEDATit.: :0;;3;p11--:,' .7pi ..;,-11 , ci' , . ., . '-; i,: Telephone: ETS: PCS/DEROS: Date / Time Interview START : Date: Time: Place of Interview: Date / Time Interview END: Date: _. . .. _........ Time: -----Disposition: .i :1-' tf'' , "' , ' ''' '80..a1M5YEalattal 064: ;i; .. '" .1.4',1)Atigft "iittai3O000 74. Category: 75. Type: 76. Recovered: 77. Value: 78. Insurer: Policy: Year/Date Exp: Yes:• No: ¦ / 79_ Year: 80. Make: 81. Model: 82. Vehicle Style: 83. # of Doors: 84. Color: 85. Size: 86. V.I.N: 87. License Plate: 88. State: 89. DOD Decal Number: AST HIV TEST: 902.60 6 4 AND AGENT I C JIZo3-SUMMARY OF INVESTIGATIV"ITIVITY o-\--1QA) 99-11735570 3 0 c.77- a3 — Mir blc--1 164,*1 Pitt 15Alb - em,a/e, /-71/1/ /e,g/i/. /4z) `71 9 R3.3 joOs-1146„, D FORM 28 pn PREVIOUS EDITIONS OF THIS FORM WILL BE USED UNTIL EXHAUSTED 092543 DODDOACID 006801 SUMMARY OF INVESTIGA1_ ACTIVITY • olk3 1200z, 01 Oct 03 Sp, with CPT 11111111111111111in regard to this CPT stated that b4c . there would be a field grade article 15 in regard to this incident, but no court marshal. 1110Z, 2 Oct 03. SAC Review... Good Work. close case forward for distribution. .1111 104041 b4,-/ TOTAL TRAVEL HOURS: 4.0 TOTAL LNVESTGATIVE HOURS: 10.0 TOTAL ADMIN HOURS: 4.0 TOTAL .0015 FUNDS EXPENDED: N/A TOTAL RECOVERED VALUE: N/A :ID FORM 28 OCT 80 FOR OFFICIAL USE ONLY PAGE w-, o _ IP 8O 2 E-• • al, rat IL SUMMARY OF INVESTIGATI ACTIVITY 14- 11 0600z, 17 Se 03 .5 CF alfabreports that SPCarialaci SA placed a rifle into the mouth of an Iraqi prisoner he was interviewin g. MM. is a member of B Company, 1/36th Infantry, 1 BCT, witnesses are SSGIIIIII.HHC 1/36 th, SPC and an interpreter. 14.-4 11002 ial.c.11042-1 Arraignments made for Friday pick up 0500z SA 1400z, 18 Sep 03 Rescheduled for 0900, Saturday, 20 Sep 03 SA 111/111111111MaPr4c*10(" 20 Sep 03, 0500z Arrive at Martyrs Memorial, and received a brief on this case from CPT loc-3 1 106-3 Obtained a sworn written statement from SFC SA 12:4 HHC, 1/36 Infantry,1st Armored Division, who stated that he was the NCOIC of the S-2 shop. He was an infantry trained soldier with no formal intelligence training. He stated that there were no written policies or guidelines in regard to interrogating Iraqi civilians. See written statement for details. 0900z 01 b 6-gismai,rram Obtained a sworn written statement from SSG -SA HHC, 1/36 Infantry, l't Armored Division, who stated that he had ter..-s',8s-been in the room when SPC MEN/A was interrogating Iraqi_ civilians. 111.01made the prisoners hold onto a M-16 round and told them that he .6.1 61". would kill them with that round if they lied to him. NM trtc.•stf:4-S. stated that he. L never observed -4113 41 allMtouch a detainee, or point a weapon at a detainee. See written statement for details. 1350z bic.. Obtained a rights waiver certificate and a sworn written statement from SPC SA bic.44bt. HHC, 1/36 Infantry, 1' Armored Division, who stated that he had interrogated Iraqi civilians.1111111111111111ad an informer point out two detainees and tell him that they knew who had been throwing hand grenades at US Convoys. Marinterrogated both and told them that he would have them killed if them lied to him.stated that both gave him the name of a person involved in throwing hand grenades at W.• Si W.-S. loc.,. 6G-5* convoys. Further, 1111111111111111 never touched them or pointed a weapon at them. T admitted that he did not have any formal interrogation training. See sworn statement for details. 1515z, bw-t b Obtained a sworn written statement from SPC SA 144-11 111111111101 .HI--IC, 1/36 Infantry, 1 s` Armored Division, who stated that he ofc-s- was with during the interrogation. He never pointed a weapon at anyone, and never chambered a round. He admittedTOp -Uning e c arging handle to give the impression that the weapon had been loaded. See sworn statement for details CID FORM 28 I OCT 80 FOR OFFICIAL USE ONLY PAGE 01 0 0..) 4...) COMMANDERS ARE REMINDED OF THE PROVISIONS uF AR 600-8-2 7. PERTAINING TO SUSPENSION OF FAVORABLE PERSONNEL ACTIONS AND AR 380-67 FOR THE SUSPENSION OF SECURITY CLEARANCES OF PERSONS UNDER INVESTIGATION. CID REPORTS ARE EXEMPT FROM AUOTMATIC TERMINATION OF 8. PROTECTIVE MARKING IN ACCORDANCE WITH CHAPTER 3, AR 25-55. FOR OFFICIAL USE ONLY 0025G DATE: 24 SEP 2003, 1000 HRS ZULU (CID) (DSE) FROM: SAC, 323rd MILITARY POLICE DET BELVOIR, VA DIRECTOR, USACRC, USACIDC, FORT TO:. CDR, 10TH MP BN (CID) (ABN) (FWD) //OPS// CDR, 3D MP GROUP (CID) //OPS// PROVOST MARSHAL CDR 1 BCT -0129-03-CID899-63556 -5C2A SUBJECT: CID REPORT -INITIAL DRAFTER: SA RELEASER: SAC 011111.1.11111111.1 b-30)b(e-I UNCLASSIFIED - FOR OFFICIAL USE ONLY DATES/TIMES/LOCATIONS OF OCCURRENCES: 1. 1. 31 AUG 02/2200 HRS ZULU; GRID COORDINATES MB453927, BAGHDAD, IRAQ DATE/TIME REPORTED: 17 SEP 2003, 0600Z 2. 3. INVESTIGATED BY: SA 11111111161111211611111111111.11. SUBJECT: 1. UNKNOWN; [THREATS]. 4. VICTIM: 1. UNKNOWN IRAQI CITIZEN; [THREATS]. 5. -INVESTIGATIVE SUMMARY: THE INFORMATION IN THIS REPORT 6. IS BASED UPON AN ALLEGATION OR PRELIMINARY INVESTIGATION AND MAY CHANGE PRIOR TO THE COMPLETION OF THE INVESTIGATION. THIS IS AN "IRAQI FREEDOM" INVESTIGATION THIS INVESTIGATION WAS INITIATED BASED ON NOTIFICATION FROM b4L-1 101.-3 BDE, 1ST ARMORDER DIVISION, WHO CPT 4111111. SJA, 1ST REPORTED THAT AN IRAQI CIVILIAN MALE WAS THREATENED WHILE BEING INTEROGATED BY AN UNKNOWN SOLDIER ASSIGNED TO B COMPANY, 1/36 INFANTRY, 1 ARMORED DIVISION. PRELIMINARY INVESTIGATION DISCLOSED THAT UNKOWN SOLDIERS OF 36TH INFANTRY, 1ST ARMORDER FROM THE B COMPANY, 1ST DIVISION, BAGHDAD, IRAQ, ALLEGEDLY THREATENED IRAQI NATIONALS DURING A DETENTION INTEROGATION. 4) 0 2 5 5. 04:41 -049. DA FORM 2823 ( STATEMENT OF TAKEN AT s1.5 S1/96 DATED E. CONTINUED: . "" b (P -1 AFFIDAVIT I. HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON P AND ENDS ON PAGE. . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OR PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL I ATEMENT) WITNESSES: SUBSCRIBED AND SWORN BEFORE ME, A PERSN_By LAW TO AMINISTER OATHS, THIS DAY OF:)EX -179 2446 Z) AT 4e.--6,46.1 AA b?e-r1,1,4-1 ORGANIZATION OR ADDRESS (Name of Person Administering Oath) ORGANIZATION OR ADDRESS (Authority to Administer Oath) INITIALS OF PERSON MAKING STATEMENT PAGES OF.PAGES DA FORM 2823 (AUTOMATED) 5 00254 SWORN STATEMENT For use of this form, -45: spu see AR The proponent agency f for Personnel. LOCATION / DATE TIME 41L•f LE NUMBER HHC, 1/36° Infantry, 20 SEP 03 1" AD ( 5 15 Z LAST NAME. FIRST NAME, MI SOCIAL SECURITY NUMBER GRADE/STATUS 0 CA1174,4 1011111111111. IRelbb"( SPC/E-4 ORGANIZATION OR ADDRESS B Company, 1/36° Infantry, 1" AD, Baghdad, Iraq Eivilig I , want to make the following statement under oath: 104‘.5-1 lai .g. I usually work withinMon the night shift. The night of this incident the unit had broughgt in eleven males and two females. We were questioning them in regard to a grenade attack that had occurred on one of our convoys. We were also told that there was an informant amoung them. We $ questioned the informant who pointed out two people who may have information. 611111. questioned them, separately. He got to a point that he felt that they had information, but were not giving it up. We were talking to them sepeartely. 11111110pulled me outside and told me he Was -6 going to question them some more, and at a time that he designated he wanted me to slide my bolt forward to presser them into talking. I did that when he told me to. They ended up talking to us. They named a ring leader of a local gang that was teroizing local people. Also, this guy was either housing or knew who was housing the people who were conducting assaults on US Forces. Q. When you let your bolt go forward did you chamber a round? A. Negative Sir. Q. Did you ever point your weapon at anyone?, A. Negative sir. Q. Did you ever strike anyone? A. Negative sir. b, .5% 44-6- Q. Did you see abuse anyone? A. No sir. Q. Is there anything else you would like to add to this statement? , A. Negative sir. //////////////////////////////////////////////// N OT0 L LOWS //////////////////////////////////////////0///////////////////////0/ loi.clbCp-Y EXHIBIT INITIALS MAKING STATEMENT b4C-•44:4 -ii PAGE I OF d PAGES ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF . TAKEN AT. _DATED CONTINUED. ' THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS "PAGE . OF _PAGES." PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE STATEMENT WILL BE ON THE REVERSE OF ANOTHER COPY OF THIS FORM. ')(-10311- oo sa I/ Z)I0, 15Abra)41-) 1 -1-."-E1 DA FORM 2823 TAKEN AT F c DATED 20 SEP 03 CONTINUED: STATEMENT OF A. I thought that tricking the ,clis was the only thing that worked I linked the whole ideal of the body bags. I could not shoot off any rounds, and this was the only thing I could come up with. I see TV shows where the police always trick people. In fact I remember reading the Supreme Court saying that tricking someone was OK. Q. Did you hurt any of these detainees? A. No. Q. Did you point a weapon at them? A. No Q. Did you physically touch them? A. No. Just to move them from one point to another because they were zip tied. Q. Do you have any written interrogation guidelines? A. No. Q. Are there any restrictions on your interrogation techniques, either implied, or directed, that you are aware of? A. No. Q. What are the rules of engagement? A. I thought that they applied to ground combat operations. I think about that movie with Meg Ryan and Denziel Washington, Rules of Engagement. Also, 111111111111110was a PFC, I was the ttl specialist. He was following my orders. All I had him do was create the sound of a weapon charging. He didn't do anything else. Q. Is there anything else you would like to add to this statement? -si ba, - 5— A. No that's it ///////////////////////////////////// ///// ////////////////NOTH I NG FOLLOWS ///////////////////////////////////////////////////////////// AFFIDAVIT HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT I, ON PAGE D, . I FULLY UNDERSTAND THE CONTENTS OF THE WHIG. ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OR PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. C.rE b TATEMENT) WITNESSES: SUBSCRIBED AND SWORN BEFORE ME, A PERSON BY LAW TO ADMINISTER OATHS, THIS al DAY OF.*,, -1-9/a)3 AT 3A6.4DA-8 .]:42AQ b96'13b($ ORGANIZATION OR ADDRESS SA (Name of Person Administering Oath) ORGANIZATION OR ADDRESS (Authority to Administer Oath) kto-S. INITIALS OF PERSON MAKING STATEMENT. AGE OF PAGES 111111, DA FORM 2823 (AUTOMATED) r8 IT-4 00Z,52 1 3 DODDOACID 006794 SWORN STATEMENT For use of this form, see A 0-45: The proponent agency of the Dep Chief of Staff for Personnel. LOCATION DATE b4r..4ikkl—TIME 471417 'FILE NUMBER HHC, 1/36" Infantry 20 Sep 03 1 13S0z LAST N ME FIRST NAME, MI SOCIAL SECURITY NUMBER GRADE/STATUS b&I'45 beiG`‘F I LI,-IC 0111111101,4Gf)SPC/E-4 ORGANIZATION OR ADDRESS HHC, 1/36 Infantry, led AD, Baghdad, Iraq bto-W. want s atement under oath: The battalion commander had been looking for better inse t appeared that he had been on 101‘-a al..S the S-2 to try to get better intelligence. I could tell that CPT 111.11111111.was stressed out about this. We started bringing detainees to the Battalion area, questioning them and taking their pictures. Part of the reasoning was to build a profile of crimipals, and to see if we were arresting the same people, over and over again. We had questions numerouspeople and always got the same information which was that they knew nothing or saw nothing. We learned that the Iraqis would not give up any information unless they were caught in a lie or trickcinto giving up the information. People had suggested different ways into tricking the Iraqis into giving information. One suggestion was to put sand bags into a body bag and carry it out of an interrogation room. On this particular night I had heard over the radio that a raid had been conducted in a sector of our AOR. The initial report was that they were bringing in 30 prostitutes. They ended up coming into the camp with two females and thirteen guys. I thought that this was a raid in response to a recent grenade attack we had. I began questioning people about the grenade attack. I brought them all in and took their picture, and asked them about the grenade attack. They all denied any knowledge. I then asked the informant who pointed out two people out of the photos I had taken. They were brought back in individually. I spoke separately to these two guys. I placed a bullet on the table. I eventually made him hold it. I would not let him put it down. I told him that was the bullet that would kill him if he didn't talk. They continued to deny any knowledge of the grenade attack. I painted to SPC 1111111/1.1. and told them that he would kill them if they lied. I told them that they were lying to me and made 111111111111.1111. start to walk one outside. I told him it was his last chance. He told 11.11111.was the one that did the grenade attack. I then questioned the second guy separately, but using the same tactic. He also named Mil These two guys had no chance of getting a story together to use the name... The both used the same name separately; making me fell like my tactics worked. I brought them both back in together, and accused them of getting a story together. I told them that I'd had it with them. I had them both kneel down with a bullet in their mouth. I told them to keep their eyes closed; I took a bullet out of their mouth. I then had aill/Mcharge his weapon. There were no rounds involved, and the weapons were not loaded. I told them this was their last chance. They both stated 8I said OK. They were taken outside. They both were taken back out with the Scouts and showed the scouts where8lived. This was so we could do surveillance on IMP I have no ideal of what happened with that information. Q. Are you a school-trained interrogator? A. No, I'm not. Q. Did anyone tellyou to use this method of interrogation? A. No. Q. How did you come up with this method of interrogation? EXHIBIT INITIALS OF PERSON MAKING ATEMENT PAGE OF PAGES b(p-b.¦ (Ili 12-44fr4. ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF _TAKEN AT DATED CONTINUED.' 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 OF ANOTHER COPY OF THIS FORM. E.-X4tE 317--.00251 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 30121gI 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 GATE TIME 4. FILE NO. A C QDN:),,R1-r-nrt/ -Z.0 sE e 03 I 2_ D o -- ... i 5. . itliWirk." 8. ORGANIZATION QR ADDRESS , _ hki-k C., 1/3 cs 1 L.) flelYVIY1_ SSN ' 1 A 1244642 1 ev) 6. 7. GRAMSTATUS .f)C. l.-A64 •0 A-40 .:J-112A Q leg,. 1 • PART I - RIGHTS WAIVERINON-WAIVER CERTIFICATE Section A. Rights The investigator whose name appears below Id me that helshe is with the United States Army Ceo-li 014-` 1Q V e -1---1 6 4-T) Ovl C O-Yv\ fl/\ t--. and wanted to question me about the following offensels1 of which I am suspectediaesweed; -1)-e--72 LA \ c-ripm cc .Dori / n Ss A-L.) cr- Before helshe asked me any questions about the offense(s), however he/she made it luta cilptat14ave the following rights . 1. I do not have to answer any question or say anything.— I .2. Anything I say or do can be used as evidence against me in a criminal trial. -large45 i Vie S 3. (For personnel subject othe tICMJ DI have the right to talk privately to a lawyer a ore, 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,Allip b-ic.-5-, bC.- 5°. or both. • Of • (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. IIIIIP 101 b(.-5 4. If I am now willing to discuss the offense/0 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. Illp b f c'Sjb(p_-_, 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. /C---C bci- 5- WITNESSES (If available) 3. . NAME (Type or Print) ORGANIZATION OR ADDRESS AND PHONE 4. SIGNATURE OF INVESTIGATOR 2a. NAME (Type 01Printl 5. TYPED NAME OF INVESTIGATOR 0C-.I 4 . ORGANIZATION OR ADDRESS AND PHONE 6. ORGANIZATION OF INVEST OR ( D a-ac 1-AP IE-1--L CTD - B A bk-i0 .%--3 )/2-A Q — Sectionwaiver -C.-Non- 1. I do not want to give up my rights . 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 SUSPECTIACCUSED EDITION OF NOV 84 IS OBSOLETE LISAPA 2.01 )((-11 ,3 11-4 11 00250 DODDOACID 006792 ^blr-66. Mes" b(4, DA FORM 2823 STATEMENT OF TAKEN AT C) c( 00 7-t- DATED L( SQ 03 CONTINUED: Q. Did you see a round being u..dmbered? A. No Sir. Q. Who had the weapon? A-UNMEM, b4c-- 4/b4-1 Q. Was anything being said while the round was being chambered? A. Not that I recall. Q. Did tell to chamber a round? 4-y b4, q - A. I don't recall anything being said. I don't remember aying a word through out thewhole thing. Q. Is there anything else you would like to add? A. Yes. I think that 90 percent of the Iraqis here know something. If we're allowed to use this method, well stop every Iraqi on the street and tell them to tell us something or that we'll shoot them. A. I think thatiMewas proud of himself for getting information. There was an interpreter in there with them most of the time. Q. Who was the interpreter? A. I Don't know Q. Is there anything else you would like to add to this statement? A. No Sir ////////////////////////////////////////////////////////////// NOTHING FOLLOWS ///////////////////////////////////////////////////////// AFFIDAVIT HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHIC AND ENDS ON PAGE. . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OR PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. b,c-• 64-ty MAKING STATEMENT) WITNESSES: SUBSCRIBED AND SWORN BEFORE ME, A PERS TO ApIN;pTER •ATHS, THIS 2--1C) DAY OF 7AT 9‹... 64 14(2 I E;ce ORGANIZATION OR ADDRESS ORGANIZATION OR ADDRESS (Authority to Administer Oath) INITIALS OF PERSON MAKING ENT INNb1C:44 b±:j PAGES OF 3 PAGES DA FORM 2823 (AUTOMATED) DOA t fr 3. 1 0 00249 SWORN STATEMENT For use of this form, see AR -45: The proponent agency of the Deput lief of Staff for Personnel. LOCATION DATE TIME FILE NUMBER 20 SEP 03 HHC, 1/ 36n INFANTRY, 1STARMORED DI (24-'114.10iso 0 AST NAME, FIRST NAME, MI SOCIAL SEC ^'Y NUMBER GRADE/STATUS 104'14 idivi SSG/E-6 1:91. .9 I6471 ORGANIZATION OR ADDRESS HHC, 1/36T" INFANTRY, 1ST ARMORED DIVISION want to make the following statement under oath: We had been in sector 1 5 rounding u p prisoners. I was t asked with b ringing t hem back to t he Battalion area. I dropped off 13 prisoners, 11 males and 2 females. We would end up taking only four to the 501 st FSB. When I dropped them off at the Battalion they were taken into a room one by one to be interrogated. I went to fill out the paper work for the arrest. When I came back from filling out the arrest report I asked SPC if we were done, he said no. I then asked him how long and he stated pretty quick, so I just sat outside for a while. I then went to the interrogation after short period of time and asked...is he was done yet. He said almost, but he wanted to speak to them again real quick. I walked out and before a half hour was up I walked back in. A M-16 magazine was on the table. .... was asking the detainee what he knew. stated he didn't believe him. He told the detainee that if he (the detainee) didn't tell him something that he would have the other guy in the room shot him. The detainee had a round in his hand. ..IIIPhad the detainee hand the round to the other guy, and they both walked outside. The next guy came in and handed him a round. I got up and left. I walked outside. I told a couple of people outside what was going on, and that I didn't think it was right. After a little while came out and said the last two guys had given him information. That the last two guys would take them to the guys that throw the grenade. At that point he started talking about how he had them on their knees. That he poked one of them in the back of his head, the detainee wigged out. Shortly after that we loaded them up and moved out. Q. Who was the other solider in the room? A. Either PFC or SPC11.1../.. 'ow-4 bl'.44 Q. Did you see eitherMeor...... point a weapon at these detainees? b9c.-4,‘ A. No sir. lac-ra Q. What dill...poke the detainee in the back of the head with? A. He gestured that it was his finger. He showed what he did as he said the guy wigged out. Q. Did you see the detainees after they came out of the room? A. Yes Sir. Q. Where they injured, upset, or appeared to have been abused? A. No sir. When I was there the one prisoner said that if he was going to be shot for doing nothing, he didn't care. They were upset about being taken out of their home in the early morning. Q. Did you ever see restrike any detainees? ia.c•q, 101.-4,b A. No sir. Q. Did you hear or see any threats. A. Yes. I heard the sound of a weapon chambering a round. Q. Was that a M-16? A. Yes sir. EXHIBIT INITIALS OF PERSON MAKING STATEMENT PAGE ( OF PAGES etc-14 ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN AT DATED CONTINUED.' 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 OF ANOTHER COPY OF THIS FORM. xt-o 1 -r. 3. . 00248 loto DA FORM 2823 K STATEMENT OF TA EN AT 03e3):--E DATED ZO Sae 657 CONTINUED: 04-4 lop- AFFIDAVIT I, VE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AM ENDS ON PAGE 2-. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD,0104OUT T WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFU . • " WITNESSES: SUBSCRIBED AND SWORN BEFORE ME, A PERSON BY LAW TO ARVT,STE • OATHS, THIS -Et) DAY OFW,--1-1Z093, AT )--k Ce k.) igo ORGANIZATION OR ADDRESS Oath) (Name of Person AdMinietering •ath) ORGANIZATION OR ADDRESS (Authority to Administer Oath) INITIALS OF PERSON MAKING STATEMENT PAGES OF PAGES DA FORM 2823 (AUTOMATED) "X. tt6Ir x'024`7 SWORN STATEMENT For use of this form, see AR -45: The proponent agency of the Deput .ief of Staff for Personnel. LOCATION FILE NUMBER B COMPANY, 1/36 INFANTRY ORGANIZATION OR ADDRESS HHC,1/36 INFANTRY, 1 ARMORED DIVISION want to make the following statement under oath: I am the NCOIC616 e S-2 shop; I became aware of an allag2Lmpropriety last week when came here. My boss informed me tffniall., and b44-4 11111111MINO might be under an AR 15-6 Investigation 46easked what it was about and was told, that it involved some angim alleged interrogations. After I was told a time line I looked at the schedule and figured out what he was talking about. Q. What is your MOS? A. 11B Q. Do you have any formal training in the S-2 section? A. No. Just OJT. Q. Do you interrogate prisoners here? A. No. We do screen them. We photograph them for our database, and try to sort to names and address, and get correct information from these people so that when they go to the BSA they don't get kicked back. Q.Is there as SOP on interrogating prisoners? A.No. We have a sheet that we keep at the front gate for the sources that come walking in. That is the only thing we have in writing that pertains to questioning locals. Q. Do you know what SPC MOS is? A. 96 B, intelligence analyst. Q. Is there_is there anything else that you would like to add to this statementlliwakrs. A. Yes. mil" is a meek and mild guy. I was really surprised that he was being looked at for doing anything improper with a detainee. He is a complete passefest, completely. Q. Is there anything else you would like to add? A. No, That's about it. //////////////////////////// NOTHING FOLLOWS /////////////////////////// EXHIBIT IN ERSON MAKING STATEMENT Eqc-y (9(..-11 PAGE F .- PAGES , ADDITIONAL PAGES MUST CONTAIN THE H ADING "STATEMENT OF _TAKEN AT DATED CONTINUED.' 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 OF ANOTHER COPY OF THIS FORM. ).(1.,H/317-kr7 -00246 ROI NUMBER -0129-03-CID-899-63556 AGENT'S INVESTIGATION REPORT CID Regulation 195-1 PAGE 2 OF 2 PAGES DETAILS walls, or shell casing in the interrogation room. 10/c4 bip-1 About 1350z, 20 Sep 03, SA this office, obtained a wavier certificate and a swornwritten statement from SPC (Exhibit 4), 4/111111111. HHC, 1/36 th Infantry, 1 st Vic.• 4 sormir. q Armored Division, Baghdad, Iraq, who admitted to threatening to kill Iraqi civilians. SPC =map also stated that he had no intention of hurtinganyone and used the threat as a method of tricking Iraqis into giving him information. SPC admitted to not having any formal training as, an bpi-qinterrogator and not having any formal policy on interrogation techniques. 'y _ About_ 1515z, 20 Sep 03, SA this office, obtained a sworn written statement fromSPC (Exhibit 5), ann. HHC, 1/36 th Infantry, 1 st Armored Division, Baghdad, Iraq, who admitted to being present during the questioning of Iraqi civilians, andcharging his weapon. stated that there was no ammunition or magazine in his weapon when he charged the M-16, and that the weapon was charged as a sound effect. /////////////////////////////////////////////////////////// N OTH I NG FOLLOWS ///////////////////////////////////////////////////////////// 6a---- TYPED AGENTS NAME AND SEQU CE NUMBER SA ORGANIZATION 323D MP DET (CID) (DSE). UNIT # 92955 APO AE 09324-2955 DATE EXHIBIT 01 October 2003 1 CID F RM 94 1 FEB 77 FFICIAL USE ONLY 66 002 4 5 ROI NUMBER -0129-03-CID-899-63556 AGENT'S INVESTIGATION REPORT CID Regulation 195-1 PAGE 1 OF 2 PAGES DETAILS 123:qa,{ 2:4r3 BASIS FOR INVESTIGATION: About 0600z, 17 Sep 03, CPTH SJA, 1 BCT, reported that SPC4...of HHC, 1/36th Infantry, 1 st Armored Division, Baghdad, Iraq, may have committed bf0-0 a law of war violation when he threatened an Iraqi detainee in the custody of US Forces. 64-1 About 0800z, 20 Sep 03, SA 111111111.111111.11111. this office, obtained a sworn written statement from SFC..111.1111111..... (Exhibit 2) HHC, 1/36 th Infantry, 1 st Armored D ivisilerI 11641 Baghdad, Iraq, who stated that he was the NCOIC of the S-2 section. Neither he or SPC ,vrt, are trained interrogators, nor Were there written policies or procedures for interrogating prisoners. b4.-) About 0900z, 20 Sep 03, SA this office, obtained a sworn written statement from q bee SSG 11111111111111111.1.1. (Exhibit 3), HHC, 1/36th Inf6ntry, 1 st Armored Division, bie Y Baghdad, Iraq, who stated that he was in the room and witnessed SPC c.g threaten to shoot Iraqi civilians. ssGaNipstated he never observed any Iraqi civilian touched, harmed, or have a weapon pointed at them. "4"i Characteristics of the Crime Scene: This incident took place in one of the many buildings on the b416.3 compound occupied by 1/36 th Infantry. SA lia.S..was informed that this compound had been a university and many of the buildings are two story dormitories. Many of the one-story buildings were used as classrooms. The building that this interrogation occurred in is a one story, L shape building. This building is close to the main entrance. The two portions of the "L" are separated by a solid wall, and must be accessed separately. To access the area in which the interrogation took place it is necessary to enter a small room. In walking through this room you enter a long north south hallway. There are a number of rooms to the west side of the hallway, and windows on the east wall of the hallway. The interrogation took place in the third room from the north end. 10 C.-I b(p-i Condition: SAVIIIIMININ. found that the interrogation room had a small table and three steel folding chairs. There is no other furniture in the room. The area is not air-conditioned. There are electrical lights within the area. The floors are dusty, but reasonably clean. The door to the interrogation room appears to be home made, and does not lock. There is a window in the far west wall of the room, but the window is covered with bars. The bars prevent access through the window. The room is approximately 12' x 15'. It appears that this may have been a small classroom, or dorm room. Scene examination: About 1130z, 20 SEP 03, SA 111111.110.1111111, examined the interrogation room. There were -no-signs of a struggle within this room. There are no indications of blood on the floor or walls. There is no damage to the walls. There are no restraint devices present with in the room, on 413e_wall,or-on4he-chairs. SAWN/rafirawas-unable-to locate any signs of buitet -holes in-the TYPED AGENTS NAME AND SEQUENCE NUMBER lc.ig ORGANIZATION SA 323D MP DET (CID) (DSE). UNIT # 92955 APO AE 09324-2955 DATE 01 October 2003 EXHIBIT 1 CID FORM 94 1 FEB 77 FO OFFICIAL USE ONLY Q0244 65 SUB.': Cl]) REPORT OF VESTIGATION: 0129-03-CID899-6: c: b 2. Sworn statement of SFC 20 Sep 03, detailing the lack of training, written policies, and procedures for dealing with Iraqi detainees. b1C..* 1-1 to . Sworn statement of SSG 0 Sep 03, detailing his witnessing SPC 101c- filmiktuifahreaten to shot Iraqi civilian detainees. - 4-os b - 4. Rights Waiver Certificate and Sworn statement of SPC 0 Sep 03, acknowledging that he did threaten to shoot Iraqi civilian detainees, but had no intention of hurting anyone. . - -N 5. Sworn statement of SPC 111166111111 1111111111 20 Sep 03, admitting to being present when the threats were made to Iraqi civilians, and charging an unloaded weapon. NOT ATTACHED: None The original of Exhibit 1 through 5 are attached to the USACRC Copy of this report. STATUS: This is a Final "C" Report. This investigation is being terminated IAW paragraph 4­17c(12), CIDR 195-1. If an action commander or prosecutor indicates intent either to take no action against the subject or take action amounting to less than a court proceeding and no further investigative assistance of CID is required by the commander or prosecutor. Furthermore, probable cause to list the subject for the listed offenses must exist. Report Prepared By: 0C:I 10 Report Approved By: 10-4.c..1 kl 111111111111111111 . Special Agent, Special Agent in Charge DISTRIBUTION: 1 - DIR, USACRC (Original), Fort Belvoir, VA 22060 1 — THRU: CDR, 1" Battalion, 36 th Infantry, 1 st AD, BIAP TO: CDR HHC, l st Battalion, 36 th Infantry, l st AD, BIAP 1 — THRU: CDR, 10111 MP BN (CID)(FWD) (ABN), APO AE 09336 TO: CDR, 3 RD MP Group, (OD) (FWD), APO AE 09336 1 --PM -(ATTN:-LTC1111111111111111, 1" AD, APO AE09324 6/4.-3 t 64'3 1 — SJA (ATTN: LTC 51 AD, APC) AE09324 15'}c- 3, V0'3 I —File FOR OFFICIAL USE ONLY 2 00243 DODDOACID 006785 DEPARTMENT OF THE ARMY UNITF TATES ARMY CRIMINAL INVESTIGATION COMP J MILITARY POLICE DETACHMENT (CID)(DSE) UNIT #92955 APO AE 09324-2955 AFRC-CMN-MPL-B 01 OCT 2003 MEMORANDUM FOR SEE DISTRIBUTION SUBJECT: CID REPORT OF INVESTGATION — FINAL C — 0129-03-CID899 —63556 / 5C2 DATES/TIMES/LOCATION OF OCCURENCES: 1. 31 AUG 02/2200 HRS ZULU; GRID COORDINATES MB453927, BAGHDAD, IRAQ DATE/TIME REPORTED: 17 SEP 2003, 0600Z INVESTIGATED BY: SA (-s ba. SPC; 67c--6" SUBJECT: 1. M; WHITE; HHC, 1/36 H INF., lAD; BAGHDAD, IRAQ; CT; [ASSAULT] VICTIM: 1. UNKNOWN IRAQI CITIZEN; (NFI); ZZ; [ASSAULT] INVESTIGATIVE SUMMARY: Investigation revealed probable caused to believe that SPC conu-nitted the offense of assault when he threatened to kill Iraqi civilians in custody of US Forces at the Battalion Headquarters of 1/36 th Infantry, l st Armored Division. SPC illiMstated that his 1214-tr, 124.3"intent was to trick the Iraqis into supplying information, that he no intent to harm anyone, never touched anyone and never pointed a weapon at anyone. - CPTaialegJA, 1 St Brigade, Armored Division, stated that lillgalkommand intent is to take action less than court proceedings by providing punishment under Article 15. STATUTES: Article 128, UCMJ: Assault EXHIBITIS/SUSTANTIATION: ATTACHED: 1. Agents Investigative Report (AIR) of SA 01 OCT 03, detailing his receipt of the initial complaint, interview of witnesses, subject, and a crime scene examination. FOR OFFICIAL USE ONLY 00242 63 1 b. HEMAtilt G(. -S Disposition received via e-mail CPT IAD SJA Senior Trail Counse' 1o9C-- 3 thP'S. 8a:—T4f eriD-ORADE OF -COMMANDING-OFFICER CPT AD SJA Senior Trail Counsel -1 66-3 PAGE , ,A FO .• EC 7998 00241. 0 2 00264 DODDOACID 006806