CID Report (Death): 0114-02-CID369-23525

<p>Investigation found probable cause to believe that the commander and three other members of Operational Detachment-Alpha 343, 3rd Special Forces Group, had committed the offenses of murder and conspiracy when they lured Mohamed Sayari, an Afghan civilian, into a roadblock, detained him, and killed him. Investigation further found probable cause to believe that a fifth Special Forces soldier had been an accessory after the fact and that the team's commander had instructed a soldier to destroy incriminating photographs of Sayari's body. No court-martial or Article 32 hearing was convened. One soldier was given a written reprimand. None of the others received any punishment.</p>

Doc_type: 
Investigative File
Doc_date: 
Monday, March 8, 2004
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

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EQUAL OPPORTUNITY I. - LEGAL OFFICE M — MENTAL HEALTH R .. RELIEF AGENCY ¦ ... Noma= ankh is Lau COMPANY GRADE El FIELD GRADE SulAFAARILEO GCM AUTHORITY GENERAL OFFICER ii. JUDICIAL Irma& war bid irsountootideffith goofy of ay coarmadvil ordr ah, i a ?Mica aa I tratarsaaJ SUMMARY COURT MARTIAL GENERAL COURT-MARTIAL SPECIAL COURT-MARTIAL CIVIL COURT 13- JUDitIALIRRIII03 RGUILTY DISMISSED NOT GUILTY OTHER /For guramplo. purify of s leszer Included offense. Explain Al Remarks.) 14. PEIDLTART IIIITOMDL PUIII3RWEITS, OR ALLWRIRTRATTVE Kiln.r..a. REROVARD R tt. ADIIONMON MORAL au, IN WRITING c DETENTION d. FORFEITURE 0 I. FIREO 0 I MONTHS I. WOWED FROM TO 0g. TRA Dun FOR oats 0A RESTRICTED FOR OATS L CORPECOLUL41. CUSTODY FOR OATS . 1. CONFINE YEARS MONTHS R. PUNITIVE DISCHARGE ADJUDGED TYPE; I. ADMINISTRATIVE DISCHARGE EFFECTIVE DATE rn. OTHER (Far ammo* suspension of driving prilfikpoo Explain in Remarks.) DA FORM MI. DEC 1895 OA FORN 4833, JUN 80.13 OBSOLETE 1 DOD-DOACID000745 IE. REAAARKS pc--1.) 4 4- PER CPT...1p SJA, SPECLAL APS COMMAND 76*. TYPED NAME AND GRADE OF COMMANDING OFFICER iimminso SPECIAL AGENT IN CHARGE 7e-/,/ 4-7 I 86. SIGNATURE 18c neo-Econntq rryvvrimmoi 7e-d, A6 -/ 2004/03/08 PAGE 2, DA FORM .DEC 1998 2 DOD-DOAC1D000746 --...._..- SIDIPSISE DATE fn777/10151 COMIAARDENS REPORT OF DISCIPLINARY OR ADMINISTRATIVE ACTION Fro um 0 INV losa. sio PR 191345t tio onsselat nom to MAPS 2003/10/23 MALT ACT STATEIENT ANTRUMrDU 10 =Sado NM Trio 5 IGC Simko NV: LO. RV drink NommIlm ti. 111C gm imamRIME To pm& ommuhrs Nol Ira mdmsonov Molds WM mom Itf rikil INTOS101 moo hams* idmigui affirm temrTwo mid way motor 6 undo IN MItiouldlowsato waurk ofilotrikotloo so lociktom MN me rettint OCOCU311111k Guam II yea NOR map mama Warm. 1. VFW 2. TO 3. fROM Commander Special Agent in Charge Commander 2/3rd Special Forces Grp Fort Bragg, NC 28310 87th MP Del (C-1D)Fort Bragg.NC 28310 Opa Dd. Aiphs, 2J3roi Special Forces GrpPort Bragg, NC 213310 4. USACTIC coma MIMS 1130-02-C1D023 A NIP REPORT Mika 0114-02-a1)369-23525 IL SUSINSTALLATIORMO(PiTER To IR outroleat so Ilo omwoody m smirldior of Om lob* Idoottliod Wow md to corregoweAm AIRED wort Chock oil mica" Mods Wary sooloik elturnyturoo rot otromd by bloat, Fat Ira* ottgolls MO* la OM Mil Slit hflol 0 Saito 'Am or ictim tokoo tor Moos NI Istod ke 114 report 'mimic 9 Mod 15. Rootoo, laid Immo KO! 19 "bd. kkoolosi tad wk. tale Tot cohm Worms. Wok' WI copy rod Mon Moth's la ockkomoo kolcand in "TIT Mx* tut toopirtito of foul oction. Oze-3--) Z C-s" 7 NAME OF Sr' 9. GRADE 9. 51111 TO. DATE OF 84/111 SFC .111111111111111 4 17e-s-) 46 - 5 -) lib. own& 7c--r).64 -5) C. 114. DATE OF noniettle Conspiracy, Dereliction of Duty, Murder 2002/08/28 ILrT a. . NOMr E] /II alsoncatalY108OCE r I. IS OTHER /RA/ 1'Rawest ' SAM era Maud the ottooph 00 MI= Mt Mak Ms mot +laid As onoirmil IN Atm Marts old Dm /WOW& 111301dMalt. comotIon. Or murriarm miry In ateentlgo PAW AR 19345 ThIP Raparod or AR ISS2 X fp Raper:4 El I. AOSORIMININE MARES TO Merl goptepArle dakeksi DATE REFERRED frIMINVOI DATE RESPONDS) ITY1171001 F = FAMILY ADVOCACY D – DRUG/ALCOHOL ABUSE S ... SPECIAL REFERRAL E = EQUAL OPPORTUNITY L . LEGAL OFFICE M . MENTAL HEALTH R .... RELIEF AGENCY A 110ILILIDICIAL Airtill fig WWI COMPANY GRADE BFIELD GFLA DEr 1111 SUMMARIZE(' GCM AUTHORITY GENERAL OFFICER i d AiDIC1U kl maker was 01. far rawrawriel Arad a al de eterriserdal ands sirle &Op r a k sonwrcasj SUMMARY COURT MARTIAL GeNERAL courrr-mAR-riat SPECIAL COORT-WIRTIAL CIVIL COURT IL AMICUIF111111131 p —_, 1:i GlAtile ,---ntsisinneo NOT GUILTY OTHER /For esustple, gurny 0 f a lesser included cr/frorLIS. Explain in Remarks,' 14. maw urtiaces, puiestamars, DM AWE rataVS ACTION In III ORALrEl Imo loam c DETENUONr 1111sik: 2. unre:iRartami.) MONTHS I. REPRIMANDrBb. ADAIONMON Tyrst:nFoto). atrcorwi.1. REDUCER FROMrTOr thATSrED h. alsrsicrta FORrOM L CORRECTENAL CUSTOOTtF071rFCTUBE YEARS A. PUNMVE DISCHARGE ADJUDGED I.. ADKORSTRATIvE DISCHARGEr E FFECTI vE DA:E°NrH5 1 m, OTHEA ,ivr*pu. Es "For exempla, SiMpaY13106 of driving 1._MAIIn DA FORM 4833, OFC 1192r NA FORM 4533, .Aft TO, IS DESMETE 3 DOD-DOACID000747 15. REMAAKS e Pe --5,,a 3 ) PER c r 1. ram , &IA, SPECIAL OPS COMMAIM 16a. TYPED NAME AND GRADE OF COMMANDING OFFICER alailiMilink, SPECIAL AGENT IN CHARGE A7C-4-, ..46- / 16b. SIGNATURE Sec. DATE OF REPORT ITYYYMMD01 476'11 /41. 2004/03/08 PAGE .2, 0.4 FORM 4833, DEC 1398 4 DOD-DOACI D000748 .41.¦¦•¦¦•¦•¦¦¦•¦•••.....M.P.INONMIlah.,..,r ...M.1 ......_., MiSP918i DATE arm= COMMAIDEWS REPORT OF OISCIPURARY OR ARMIN1311ATIVI AtT101 For IA of OR Ism Lee AR NM* rta preMiMM elm ly CIDCROPS 2003/10/23 POMO ACT STATURES/ Tau 10 USC Soaks 501; TIM 5 DSC Sacks 2951; UO307 dose IlersoNs22. IBC /SSC MITRIMM:r Ts midi tommeire ad kr atersemet ettliale MIN mom by Miellskemstioa my be easskaly Identibi. ROM= WM Taw seed emery mew it sod es m addeimileltssaterresseliketTodee al Name lig and nuked. PIRMMPAI. Planar GISCLOSMIE Deldsmest yaw mid remity swim le Wok* 3. FROM Cortsramdez Spal Agora in Charge Coromander I. TM 2. in Om Det Alpha, 2/3rd Special Forces Grp2/3n1 Special Forms Grp 87da MP Der (CM) Fort Bragg.NC 28310 Fort Bragg. NC 28310Pon Bragg, NC 28310 IL 51111MISTALLATION 1010111FUM a MACE CONTROL MAIER 5. MP WOG *AMER 1130-02-C133023 D114-02-C1D369-23,525 lobe emBRUIR Ay Ns commis or syworker al Ns False MIAOW Mos tail Is myosin' IRMO Nom Cludr.d soaked, Reds. kbely raplek ekessetarest rot isessI ky Obeks. Fez oak* affirm malls Is MIS ass yam typy al yoke Way erectio, take tor Osmosis kted R Ds npcd. Imlay R AMA 15, knout Mkh otkessi Bp* to Woo Onto! iN setts tylom fro ether Altus Rank *tom eel sawn ss cam w saaasals maw it Tr Sick se rompletlos el !MI sada AIL -S../ 1 L-3— 4.611am le. DATE OF 50171 7. NAME OF SUBJECT /LAM /1/4 MD D. GRADE isianal I ininno SSG ,NIMIIIIIIIINA 67e-5 ihi--,-- 4 7L 'S., ,b,‘-3— tic OFFENSESr iu. DATE OF UMW Conspiracy, Murder 2002/08/28 ITEMrTAM riiii matucriciarr EROENCEr rj GI °MIER fLotkit it Rinwir) a . NONE • Sigict teas Abed dot alTheoll To Oleo elle lam, as WM souk be esisod ie Array work sid the nquasu ler snaralresL awrosioa, or ligjoliiiiirinn wiry ha stritted , IA41 AR 19545 Air horn! ar AR NW (CM 44perts.l. r . 0 1 ADMIRSTRATIVE ME REFERRED !manna DATE RESPONDED f1177711001 REFERRED TO Pad ewspriste bead . .- F . FAMILY ADVOCACY D ... DRUCUALCOHOL ABUSE r5 .., SPECIAL REFERRAL '...E EQUAL OPPORTUNITY L .- LEGAL OFFICE M - MENTAL HEALTH R .. RELIEF AGENCY 1:: e. IMBIJUOICIAL akId• a ICAO D SUMBUSIDED BFIELD GRADECOMPANY GRACIE GENERAL OFFICERr GCNI AUTHOR/TYr of eke cesnematitlIdareeky Nab a r sialuarascaLl 01 Abet wok iria illy coartatatil stack a 0 ARAID= GENERAL COURT-MARTIAL SUMMARY coal* MARTIAL SPECIAL COURT-MARTIAL CIVIL COURT -IS arum minas pGUILTY RDISMISSED OTHER (Far rizarnpla, guilty al a lesser included (drama. &main ill Remarked NOT GUILTYr 14. IMAM SERTEICEB, phoistwar s, OR ADMODISTRATIVE arm MORNrC:1 GI IN WARM a. REINIDAMLDrB b. MMINTIICUI .. NEDrorl'rMONTHS s. OETBIDONrd. FORFEITURE 1:21 D. DIM OUTY FORrDAYSrnh. RESTRICTIO FORrDAYS L REDUCED 1110/1rTOr riI. CONFORMr YEARSrMONTHS i CORRECTIONAL CUSTODY FORr DAYSr lc . PurenvE DISCHARGE ADJUDGED TYPE: EFFECTIVE DATE .....1- I. ADMINISTRATIVE DISCHARGE --...-..r........_ __--,_r...---,.... -1 .r........... n.etin.inn. nergain in Remarks.) Li rn. Winer% fru! cmarru.... ••• ea FORM MI3O. AIN BO, IS OBSOLETE DA FORM 4133, NC 1198 5 DOD-DOACID000749 15. REMARKS pc- 3,4C-3 PER CPTAIIINAP &SA, SPECIAL OPS COMMAND / as. TYPED NAME AND GRADE OF COMMANDING OFFICER allialifirallalla SPECIAL AGENT IN CHARGE 47c../d, 6. / i5b. SIGNATUREr Ific. DATE OE REPORT (YYYYMMOD) 4.7C•/, 2,6-7:2004/03/08 PAGE 2, DA FORM 4833„ DEC 19418 DOD-DOACID000750 ...... ---, SUVESSE BATE irtrosuaz COMMUIDER'S REPORT OF DISCRiLMARY OR ADMINISTRATIVE AMON Fw lau ig Gls forum AR 183-45: Mc VIIPPINI Von i Marl 2003/10/2.3 POPIALT ACT STATISM AITMETT;rMs IC USC SOL in; Tith 6 DSC Win 2251: ED. 1317 dirml Iambic 22, DILI ISSIL 1IIROCIPRI Perm Ts ounia. enorandurs RIO kne whammed offiddillth nem *MO WIRRIDA inlo IN IODNDIT lialifind. IMMO DOLL Tao mil Nanirmato Is ow/ es es iAlkinnalkbawn nom of lisailmise is taltaw ff., NO reolpol MODUISIDIEr1:1168814/0 row said lioz, *dm it oilmeLtrf. I. TRIDJ 2. TO 1 FROU Commodes Agent in Charge Commander 2/3rd Spaial Races Grp 8/Ithatri, Dm (CID) Opn Dm Alpha, 2/3rd Special Fames GrpPort Bragg, NC 28310 Fort Bragg.NC 28310 Port Bragg, NC 28310 & =Me COVE% IMES S. MP REPORT kVIIBER 1 SUBASTALLATEONWOMR.F8 1130-02-CID023 0114-432-033369-23525 re wurgeattreseeneredet •luortsat at thi 'NON Wald Wow end In curNscolbo AAP= nowt WO*/ ii *AMA Was. kW 441* ebnaigm:s re IIIIPPEI bybkonlm, FIR on* Aron nnultbsi imam INa ma mon of *do Mini! Woo lako ht 'Owes am ORM it Do ppm, mien It Web IS, Swift waled 'Ham NOT la mods clankal god man Wan tar allm arIlms. Masai /am cagy evl Nun al Akers Adenine belluaN hi -WNW as moodedaa al Mal nodes .47c,-s-J 64-c-is/ t-s-, A ‘-.5— 67 c,3-",i,t'S---- 7. NAME OP. SUBJECT 8.8./44 ME 8. GRACIE I I, ISM IS. DATE Of OIRTH AMMIR111111 SSG I IIMINIMI i is. OFFDISB8 Ilk BATT or ammo Conspiracy, Murder, De/unction of Duty 2002/08/28 IL ACRONYMS/ 182 .. . wom el ID INSIERDENT MEEr Ej al ODER MAAR irRooseigat ' Subject me Wald that alludok ru wan was task Its mut would ka rushed I Arai midi mod dui moats tor anandmmu, mutat It upunuarnan oney ka ain*Ild IAN WI 192-46 (MPRaparta cell 1E42 ICOR/pansi. Ej b. ROW/MARK PRERRED TO awl epemeeiste arta DATE REFERRED (07711a1901 OATE RESPONDED M7/70/02 F . FAMILY ADVOCACY 0 .. DRUG/ALCOHOL ABUSE $ - SPECIAL REFERRAL ErEQUAL OPPORTUNITY L - LEGAL OFFICE M . MENTAL HEALTH R . REUEF AGENCY El L RORALIOIDAL OD* /4 WAX COMPANY GRADE B FIELD GRADE IS swum= GOA AUTHORITY GENERAL OFFIC.EIRr d.. AIESCIAL NNW mu aiiily wartoN8/4 Mx/ a ef tie maim& oder pi* fiseDip. eed sweviceat Fl SUMMARy COURT WARTIAL GENERAL COuRT-MARTIAL SPECIAL COURT-MARTIAL CIVIL COURT u.. JUSICIAL MUM GUILTV DISMISSEDr . NOT mare orkEn (For exam of • lesser Mended offense. sin in Alonente.1 IA IESULTANT SEMMES, PO IIISIDIFITS, OR ADM INISTRATRN ACTIN a REPRIIINCr a. Apidownce il tu MtrED mur mums c. ocramo„.811. FORFEITURErli a. ENOrIIr/rMONTHS L REDUCED FROMrTDr DAYSrEl R. RESTRICTED FORrBATS L CORRECTISIAL =TOOT FOSr OATSr0 j. CUREDrYEARS R . PUNITIVE DISCHARGE ADJUOGED TYPE: II I. MIA atm". EFFECTIVE DATME°N1-"S I. ADMINISTRATIVE DISCHARGEr I ru. OTHER fro, example, SUSpafteaft of drivrno onVisio•. ExPlain in RarnJrksJ 1 DA FORM 4833, DEC 1888r OA FORS 4123..ROI 211 IS OSOLL11 7 DOD-DOACID000751 15. REMARKS 167C• 3. 44 3 PER CPT NNW LTA • SPEC IAL OPS COmmAND 15a. TYPED NAME AND GRADE OF COMMANDING OFFICERammimini SPECIAL AGENT IN CHARGE Z7e-5 131. 5iGNATUREr PAGE 2, DA FORM 4432, DEC 1994 1 6c. DATE OF REPORT (YYYYMMODi 2004/Q3/08 8 DOD-DOACID000752 ---.-- 7 . OCT MAIM COMMANDER'S REPORT OF DISCIPLINARY OR ADMINISTRATIVE ACTION kw ass it *1 t tea sr AR 1904t II* MOM woo k =SOTS 2003/10/23 Pnrorr ACT STATEMENT ISTIAMTE: Tr MR SEN 30t: Ado E USC Ionia MEI; ED. ITV AMA hiss loos 22 I$43 ASV. PRIMPALRINPONE T. moldy olormolon ad kw motarcormet Clods gib mow bl slekbidscrogiNgl I I Th Ise4fsieliWald • 10,111111 OEN Tom toad MA, noir 1 mod is FR oilthicsEaknom non atiliofirsolks II Wien Moo nol mitt , DISCUMNIE Mon of now locial sotoorty mriorimlottsq. t AMR t 'pp 7 I FROM Conder Special Agent in Charge Commander 2/3rd Special Forces Grp 87th MP Da (Co) Opn Dec Alpha, 2f3rd Special Forces GrpPort Bragg, NC 283W Fort Bragg.NC 28310 Fort Bragg, NC 28310 4. =NC COMM MANS 5. ay 110111011U111131 I SI.M4MTAGATIOA1 WITMER 1130-02-C1D023 0114,02-C1D369-23525 , To bo omplOW INDo slemmlar w swims situ melSot lid.Orod blow nob curectordeo ARM Nowt_ Midi A opolcablo *eta Wet mils drumlin's not coeval iir Koch ftlioskiplo abeam,ostrioa U ow ihott xi Nos a meths toloa or *Roo taken h. Ohm. on WON Illa moll opt* b Met 15. NovorIto, which emus op* to Mocks Marl ad mod min toNm Fac other ofIsuos. Amur' toot copy sod Moro ol °Moo to odium Mooted I "M" kiosk cm gandeillik Of rima seats. 7. NA 8. GRADE R. US 10, DATE OF MTN (YrflYAKIN b7C-c/ )'L'5 CW2 MINIM. INIMIIIIIII 6 7C . si 4 ‘- s-Ili cfruatio b74-.6',6L-....c lib. DATE OF DITENSLiol Accessory After the Pact 2002/08/28 SIr'T DI TANI RI" a. • ROW ED II ) INSINEIDERT MINCE • III ONER lapis i ii Resorts) • Men esu ktrisel OM *tomb oo ocOT woo Won. abs milt wadi IA MAsed Si Ahoy Nadi sod chi ', Ritmo For wroadoom conoctloo, limping/me 'my se sogittal IAN AR IBMS ArPilsoses, or AR 115.2 Xill Renste. I Ilk AWANTIFIAME RETAINED TO frlise4siessetetsbkcell SATE ROWED ITITYNNOW DATE ROPOIMED annum F . FAMILY ADVOCACY 0 .-- DRUG/ALCOHOL ABUSE 9 . SPECIAL REFERRAL E . EQUAL OPPORTUNITY L • LEGAL DFRCE IA .. MENTAL HEALTH 11 . RELIEF AGENCY c. RUIUUDICIAL Wick Ii ECIUJ . COMPANY GRADE FIELD G SININARIZED RADE GCNI AUTHORITY GENERAL OFFICER d. AREAL Ofookict war oisibprostommokromock # stem esert.eartisifirde IA* &Asp se f aseseposJ RSUMMARY COURT MARTIAL GENERAL COURT•MARTIAL SPECIAL COURT-MARTIAL CIVIL COURT . I -I 13. JUDICIALMMUS RGUILTY RDISMISSED NOT GUILTY OTHER (For example, guilty of s lesser included offense. E.4plefro in Remarks.) 14. NEAUSTAIT MITINCES. MI INSIIMENTS. CM ADIAMISITINTWE ACTION IL WHIM 13 b. minima el Maw. LB IN WINS c. OETINTION d. FDRFATURE 111 II. fona * / MONTHS I. REDUCED FROM TO 7o. EXTRA DUIT FOR _ DAYS ¦ *. RESTRICTED FOR DAYS I-contralto. CUSTOOT FOR DAYS 1.1 I. CONFAB) YEARS MONTHS A. PUNITIVE DISCHARGE ADJUDGED TYPE: I. ADMINISTRATIVE DISCHARGE EFFECTIVE DATE m. OTHER (For exams* sus=1)of driving EnWlmes. Elyisin in RsmarAs..) r DA FORM OIL DEC UN DA FORM an AR IS IS OSSOUTI 9 DOD-DOAC1D000753 •••¦••¦•• 6. REMARKS ••••¦-• oef 7e-3, Gb "5 PER CPTA11101111111 SJA, SFECLAL OPS COMMAND 76s. TYPED NAME ANI) GRADE OF COMMANDING OFFICEFI SPECTAL AGENT IN CHARGE .6 4" / ISb SIGNATURE I Re. DATE OF REPORT fyyyymnico) 2004/03/08 7C-*/1/4. P GE 2, DA MAN *833, 1=1998 1 0 DOD—DOACID000754 DEPARTMENT OF THE ARMY 87TH MP DETACHMENT NUM(CID)(FWD) CAMP STRONGHOLD FREEDOM APO AE 09311 CICR-EF. 23 May 2003 MEMORANDUM FOR SEE DISTRIBUTION SUBJECT: CID REPORT OF INVESTIGATION - FINAL - 0114-02-C10369 - 23525 - 5H1A / 5X4 / 5Y2 / 7X2 / 7X6 / 9G2A / 9G2C / 9G2E DATES/TIMES/LOCATIONS OF OCCURRENCES: I. 28 Aug 2002/1500 - 28 Aug 2002/1800; ROAD ADJACENT TO U.S. ARMY FIRE BASE, LWARA, Afghanistan DATE/TIME REPORTED: 25 Sep 2002, 1630 INVESTIGATED BY: SA 416111,1111.1a 7 --s24 6 SUBJECT: 1. 476-.*-4 4-5 CPT ; M; WHITE; ODA 343, 2/3RD SPECIAL FORCES GROUP, BAGRAM AIR FIELD, AFGHANISTAN, APO AE 09354; [CONSPIRACY], [DERELICTION OF DUTY],. [MURDER], [OBSTRUCTION OF JUSTICE]. 74-C),6 - 476-5;,46-5-2..mmarilic¦sta SFC ;k ampinummium M; WHITE; ODA 343, 2/3RD SPECIAL FORCES GROUP, BAGRAM AIR FIELD, AFGHANISTAN, APO AE 09354; [CONSPIRACY], [DERELICTION OF DUTY], ['MURDER]. A745.111.5-kt--5 - /Z75465-3 SSG ; - M; WHITE; ODA 343, 2/3RD SPECIAL FORCES GROUP, BAGRAM AIR FIELD, AFGHANISTAN, APO AE 09354; [CONSPIRACY], [MURDER]. _ 0-45,46.f_11,_.........mmommmomme SSG ; 40111111111,011MOMMORMIIMO M; WHITE; ODA 343, 2/3RD SPECIAL FORCES GROUP, BAGRAM AIR FIELD, AFGHANISTAN, APO AE 09354; [CONSPIRACY], [DERELICTION OF DUTY], [MURDER]. ifir'c.0-6‘5-5. 4.1111=111111411111.1141111111..s 7e"-)-CW2 ; .1111/1181aitaillinaa - 411111111.111111M¦IIMEMom M; WHITE; ODA 343, 2/3RD SPECIAL FORCES GROUP, BAGRAM AIR FIELD, AFGHANISTAN, APO AE 09354; [ACCESSORY AFTER THE FACT]. VICTIM: 1. SAYARI, MOHAMED [DECEASED]; CIV; Afghanistan; MORGAR, Afghanistan; M; OTHER; LWARA, Afghanistan; INFIl; [CONSPIRACY], [MURDER]. 2. US GOVERNMENT (2/2RD SF GROUP) RAF, APO AE 09354; [ACCESSORY AFTER THE FACTi, [DERELICTION OF DUTY], [OBSTRUCTION FOR OFFICIAL USE ONLY 11 DOD-DOACID000755 0114-02-CID369 - 23525 OF JUSTICE). INVESTIGATIVE SUMMARY: "This is a Camp Stronghold Freedom Investigation." 46- '7' This investi ation was initiated upon notification from SSG A Co, 519th Military Intelligence Battalion, Bagram Air Field, Afghanistan, APO AE 09354 (BAP), that he was suspicious of the shooting death of Mr SAYARI by a Special Forces team. Investi ation establiSned probable cause to believe SFC/11¦111111-47(...-6/14‘5--3",5Aile-s4gArssc cpTimmommio and SSGIOMMIMMcommitted the offenses „of Murder and Conspiracy when they conspired to lure Mr SAYARI _7'.f,,i1.4"4-5-into an ambush to murder him. SFCIMMEMMO and SSAIMMIIMMOIshot and killed Mr SAYARI upon detaining him. Investigation established probable cause to believe CPT committed the offenses of Dereliction of Duty and Obstruction of Justice when he violated the unit standard operatin rocedures (SOP) for detaining captives and instructed SFC -(formerly SSG) to not forward certain incriminating photographs SAYARI's body, and to destroy them. SFCMIMMIMMIand sEcimmummigcommitted the offense of Dereliction of Duty when they violated SOP for detaining captives. SSGMEMMOOdid not commit the-W-.5,411-c— offense of Dereliction of Duty as he'was not directly involved in handling a detained captive. Investigation established probable cause to believe CW2 spaligi committed the offense of Accessory After the Fact when he took the weapon that Mr. SAYARI allegedly had prior to the shooting and lost it. STATUTES: ARTICLE 92, UCMJ: DERELICTION OF DUTY ARTICLE 81, UCMJ: CONSPIRACY ARTICLE 118, UCMJ: MURDER ARTICLE 76, WW1': ACCESSORY AFTER THE FACT ARTICLE 134, UCMJ: OBSTRUCTION OF JUSTICE EXHIBITS/SUBSTANTIATION: Attached: -/ 1. Agent's Investrgation Report (AIR) of SAk7 Nov 02, detailing the initial notification; receipt of ori inal results of Commanders Inquir ; interviews of SFk, 7 MINEMMII SFCkSSG.CPTIMMMEMMIS SFC.MMII, SSG SSGkCW24111MMOMMMI4 SpCMIIIMMi.SEAMIMIO SSG Afghan CommanderaMM..SPCIkSCT and PFCAMINIMENNIIII collection of evidence; canvass interviews7.0mmels and coordinations with the Office of the Staff Judge Advocate b7C.-.C)3,37)51,3, A.3,5"Y. 3 bld'24-1,-T43,47.4 41("3/ 3.4$ 3)3 41- 67c1-'.-).57).1)10-4(,) 3,4 S- - 2 FOR OFFICIAL USE ONLY 12 DOD-DOACID000756 0114-02-CID369 - 23525 (SJA), unit commanders, and Afghan tribal leaders. 2. Copy of Request for and Results of Commanders Inquiry, which included Request for Commanders Inquiry, 29 Aug 02, requested by BG MIXON; Results of Commanders Inquiry, 10 Sep 02, completed by CPTksults of Commanders Inquiry, 24 Sep 02, completed by LTCk , Enclosure A (Background Intelligence) to Command Ik iry; Sworn Statement of SSG Sworn Statement of SFCkSworn Statement of CPT Sworn Statement of SSGksketch prepared by ODA 343 depicting death scene; and (10) photographs supplied by ODA 343 for the Commanders Inquiry. -.57)k -S- 3. Sworn Statement of SFCk, 26 Sep 02, in which he detailed the shooting of Mr. SAYARI. - 6r 3 4. Rough Sketch by SFCk26 Sep 03, of the death scene. 676- 4",46- 5. Sworn Statement of SSG11111111027 Sep 02, in which he detailed his knowledge of this inves igation. 6. Waiver Certificate and Sworn Statement of SSGk30 Sep 02, in which he denied being involved in the shooting of Mr. SAYARI. 7. Waiver Certificate and Sworn Statement of CPT 30 Sep 02, in which he denied being involved in the shooting of Mr. SAYARI. 8_ Non-Waiver Certificate of SFC 30 Sep 02. G.5) 9. Non-Waiver Certificate of SSk30 Sep 02. MS7 10. Sworn Statement of CW2k1 Oct 02, in which he detailed his knowledge of this investigation. ..17/6!) 6-y 11. Sworn Statement of SPC¦p 2 uct 02, in which he detailed his knowledge of this investigation. 47c-ff.1244-5t 2 Oct 02, in which he detailed his knowledge of this investigation. 12. Sworn Statement of SSG11111k 13. Rough Sketch of death scene completed by Mr.k3 Oct 02. iliiiii6-1 -1--- IS 14. Rights Non-Waiver Certificate of CPk, 6 Oct 02. Iiiiiiiii 46105)14-3— 15. Rights Non-Waiver Certificate of SSG MOO& 6 Oct 02. - h7e S4. f. s- - 16. Sworn Statement of SFCIIMMIMIIII 9 Oct 02, in which he further detailed his knowledge of this investigation. 3 FOR OFFICIAL USE ONLY 13 DOD-DOACI D000757 01 1-02-CID369 - 23525 670)464- 17. Rough Sketch by SPCA...111 Oct 02. 18. Sworn Statement of 2LTk20 Oct 02, in which he detailed his knowledge of this investigation. 19. Sworn statement of SFCk20 Oct 02, in which he detailed his knowledge of this investigation. Agate bit.* 44- 20. Handwritten Statement of PECIIIIIIIND not dated. A7±-1.1 21. Handwritten Statement of SSG /MEW. 20 Oct 02. 22. Handwritten Statement of SSGimmomp 20 Oct 02. 23. Handwritten Statement of SPCk, 21 Oct 02. 24. Handwritten Statement of PFCEMMOMMED 21 Oct 02. AZALP 25. Handwritten Statement of PFCin¦0 21 Oct 02. 26. Handwritten Statement of PFC,674....;.6k 21 Oct 02 27. Handwritten Statement of SPCMINIIIIM 21 Oct 02. AW,66--7 28. Handwritten Statement of PFC.... 21 Oct 02. 1&.:3LAL_L 29. Handwritten Statement of PFC=IMMEMMOD, 21 Oct 02. 30. Handwritten Statement of PFCmommomMEMO, 21 Oct 02 31. Handwritten Statement of PFCk21 Oct 02. 4401i3 0'4 3 Handwritten Statement of CPLIMMID, 21 Oct 02. 32. ­ 33. Canvass Interview worksheet, 22 Oct 02, of personnel assigned to A Co, 1/505th Parachute Infantry Regiment (PIR), B2D Airborne Division, Kandahar Airfield, APO AE 09355 (KAF). 34. Canvass Interview assigned to A Co, 1/505th 35. Crime Lab Examinat the examination of collect only) 36. Sworn Statement of detailed his knowledge of 37. Sworn Statement of detailed his knowledge of worksheet, 22 Oct 02, of personnel PIR, 82D Airborne Division, KAF. ion Request, 27 Oct 02, requesting ed evidence. (USACIDC and file copies CPTOMMOMS7 Nov 02, in which he this investigation. t$7&V • SPCk7 Nov 02, in which he this investigation. 414=*4-q 28. Sworn Statement of SGTIIIIMMI17 Nov 02, in whIch he detailed his knowledge of this investigation, 4 FOR OFFICIAL USE ONLY 14 DOD-DOACID000758 416) 04-02-CID369 - 23525 39. Sworn Statement of PFC.7 Nov 02, in which he detailed his knowledge of this investigation. 40. AIR of SA digati-1 this office, 2 Oct 02, detailing the interview of SSG MOMMIMIL7G-JAIG-5 671.-1)464-/ 41. Rough Sketch of the death scene, by SA 42. AIR of SAk2 Oct (4., detailing the interviews of SPC 411,194". and SFCalwitie.-v,,64 -‘7/ $ -Iv/ • SPCNIMEMEMMD, 1 Oct 02, in which he detailed his knowledge of this investigation. 43. Sworn Statement of 67 44. Rough Sketch of the death scene, by SPC., I Oct 02. 1 Oct 02, in which he detailed his knowledge9f this investigation. 45. Sworn Statement of SFClifilig 4-Y A—V21.../ 46. AIR of SA =mom, 18 Oct 02, detailing the interviews of Mr.IMOMMend Dr1M1¦117C-4,064"..5 b7C•3/,14-3 47. AIR of SA.Stagg/ 10 Dec 02, detailing receipt of Commanders Inquiry; collection of evidence; coordination with US Army Criminal Investigation Laboratory; receipt of LaboratoryResults; interviews of MSG SSG ssGommilft, cw24p3,g64.44.3 SSG OMNI SFC .SSG 0.11111m CPT IMMINIM SSGA3A4,44144Au SSG.SSG .SSG.SFC .SPC004.7,641it SPC11101111111111) CPT IMPINI I.SPC., SFC .CFTtr; r7 11111011.111 CW311=1111111111111111 LTC11111111111111111r-MAJ.ollection of uni., maintenance records; and coordinations with SJA. . /At ' 48. Commanders Inquiry, 10 Jun 02, consisting of the following documents: Memorandum for Commander, Combined Joint Special Operations Task Force:ALItIlLiaLaQLQ02IF-A), Bagram, Afghanistan, signed by LTC UN IMemorandum forb7C3,14-5 Comm der, CJSOTF-A, Bagram, Afghanistan, signed by MAJIIIIMINIL7C-.3,46-3 DA Form 1574 (Report of Proceedings by Investigating671:144. icer/Board of Officers); Memorandum for Commander, 2d Battalion, 3d SFG, signed by CPT. Memorandumit7i.3/443 for J. XO, FOB 32, Kandahar, Afghanistan, signed bypppv,e. LTC. documenting the incident on 2 Jun 02; statement/44.47 w –' of PC.statement of. statement of SFCM11,40.,Am vo momstatement of SSG.statement of SSGAMMIIMMS0601/04.%Wri statement of CPT.statement of SFCOMMEMOISMemorandumb74441Me for Commander, CJSOTF-A, signed by CPTkMemorandum for Commander, CJSOTF-A, signed by BG MIXON; Memorandum for Commander, CJSOTF-A, signed by CPTkMemorandum for/4044-3Commander, CJSOTF-A, signed by CPT.Memorandum for 67[:344.1 Commander, CJSOTF-A, signed by CPTk; Intelligencein1j63background pertaining Co SAYARI; sworn statement of SSG111411,0,4X.X44-37 24 Sep 02; sworn statement of SFC_24 Sep 02; sworn 7•RW.C., statement of SSG 11111110, 24 Sep 02; sworn statement of cpTi7c44.03 5 FOR OFFICIAL USE ONLY DOD-DOACID000759 0144-02-CID369 - 23525 Ag-544--5- 24 Sep 02; statement detailing actions of SF personnel on 28 Aug 02 (appears to be statement of CW2 Memorandum for CPTIMMIIMO signed by COkand a sketch of the death scenelpertaining to SAYARI. 49. FB Form 2488-1, Weapons and Ammunition Control Sheet/Log, pertaining to members of ODA 343 on which they signed out their weapons from the unit arms room. 50. DA Form 5990-E, Maintenance Request, 29 Oct 02, pertaining to 2/3d SFG. 51. (12) DA Form 2404, Equipment Inspection And Maintenance Worksheet, 28 Oct 02, pertaining to M-4 weapons assigned to 2/3d SFG personnel. 52. Weapons assignment sheet, 26 Feb 02, pertaining to 2/3d SFG personnel. 53. DA Form 3655, Crime Lab Examination Request, 6 Nov 02, requesting the examination of the weapons assigned to 2/3d SFG personnel. (USACIDC and file copies only) 54. U.S. Army Criminal Investigation Laboratory (USACIL) Examination Report, 2002-CID131-2225, 2 Dec 02, reporting that an examination of the submitted 5.56mm caliber cartridge and full metal jacketed bullet were identified as having been fired in and through the M-4, serial number W339108, assigned to SFC 111.1111k,67C-yj A 4-y 55. Sworn Statement of SSG igatY Nov 02, in which he detailed his knowledge of this investigation. ac 64 56. Waiver Certificate and Sworn Statement of ssG4MMOOMI 12 Nov 02, in which he detailed his knowledge of this investigation. 57. Waiver Certificate and Sworn Statement of cw2ammommw 12 Nov 02, in which he detailed his knowledge of this investigation. AN:Y46-Y 58. Sworn Statement of SSG/1MM 14 Nov 02, in which he detailed his knowledge of this investigation. 59. Waiver Certificate and Sworn Statement of SFC41111111111, 14 Nov 02, in which he detailed his knowledge of this investigation. 4.76- 4;46 60. Sworn Statement of SSG MOM 5 Nov 02, in which he detailed his knowledge of the incident_ in Jun 02. /J2.42121 Sworn St.atementk detailed his knowledge of the incident in Jun 02. 61. SSGimon¦II 5 Nov 02, in which he 6 FOR OFFICIAL USE ONLY 1 6 DOD-DOACI D000760 Of14-02-CID369 - 23525 62. Sworn Statement of SFCMMOOMMA 14 Nov 02, in which he detailed his knowledge of this investigation. 63. AIR of SAk17 Dec 02, detailing the interview of 476164"-CW2 4111111111MAnd the receipt of USACIL Examination Report 2002-CID131-2225. 64. Photographic packet comprised of 15 photographs. A5F.Q2.6-/ 65. AIR of SA ¦111, 10 Apr 03, detailing Other Significant Interviews. 66. AIR of SAk23 May 03, detailing the receipt of the USACIL Report, Other Interviews, and Final SJA Coordination. 67. USACIL Laboratory Examination Report, 2002-CID131-2225, 22 Jan 03 68. Compact disc 02-CID131-2225, containing all photographic images and originals of Exhibit 64. (USACRC copy only) 69. (1-6) DA Form 4137, Evidence/Property Custody Documents, Document Numbers (DN) 046-02, 047-02, 048-02, 049-02, 650-02, and 651-02, various dates. (USACIDC and file copies only) Not Attached: Retained in the evidence depository, Ft Bragg, NC: 70. One zip disc (SFCiilaiggi, Item 1, DN 046-02. 71. One Sony laptop computer (US Gover-nment), Item 1, DN 047-02. 72. One bead necklace (SAYART), Item 1, DN 048-02. 73. One shell casing, Item 1, DN 049-02. 74. One expended bullet, Item 2, DN C49-02. 75. One piece of metal, Item 3, DN 049-02. 76. Twelve M-4 rifles (US Government), Items 1 through 12, ON 650-02. 77. FB Form 2488-1, Weapons and Ammunition Control Sheet/Log (US Government), Item 13, DN 650-02. 78. Twelve 9mm M-9 pistols (US Government), Items I through 12, DN 651-02. The originals of Exhibits I, 33, 34, 40, 42, 63, 65 and 66 were forwarded with the USACRC copy of this report. The originals of Exhibits 2, 17, and 48 through 52 were maintained in the files 7 FOR OFFICIAL USE ONLY 17 DOD-DOACID000761 01i4-02-CID369 - 23525 of 2/3rd SFG, Fort Bragg, NC. The originals 3 through 16, 18 through 32, 36 through 39, 41, 43 through 45, 54 through 62, and 68 were maintained in the files of this office pending adjudication. The originals of Exhibits 35, 53, and 63 were maintained in the files of USACIL, Forest Park, GA. The originals of Exhibit 69 were maintained in the files of the evidence depository, Fort Bragg, NC. STATUS: This is a final report. Commanders Report of Disciplinary Action Taken (DA Form 4833) is pending. Report Prepared By Report Approved By 76://46- hA ,474,-.7 6 Special Agen Special Agent in Charge DISTRIBUTION: 1 - Director, US Army Crime Records Center, USACIDC, ATTN: CICR-CR, 6010 6th Street, Fort Belvoir, VA 22060 (original) 1 - Commander, 3rd Military Police Group (CID), Fort Gillem, GA 30297 ivt:346- -Commander, 3d Military Police Group (CID)(FWD), ATTN: SA 011111110Camp Doha, Kuwait (e-mail only/less exhibits) Ptilb6-/ 1 - Office of the Staff Judge Advocate, CJTF-160, ATTN: LTC Bagram Air Field, APO AE 09354 ..67°,44.3 1 - Office of the Provost Marshal, ATTN: CPT111¦111¦111Bagram Air Field, APO AE 09354 (e-mail only/less exhibits) 1 - Commander, Task Force Dragon, CJTF-180, ATTN: CO Bagram Air Field, APO AE 09354 (e-mail only/less exhibits) 7c.4 6-3 -Chief of Staff, 82nd Airborne Division, ATTN: COLIMMEMOMMO Bagram Air Field, APO AE 09354 (e-mail onl /less exhibits) 703.3 -Commander, 2/3rd SFG, ATTN: LTCkFort Bragg, NC 28310 1 - SJA, 3rd SFG, Fort Bragg, NC 26310 1 - Commander, HQ USACIDC, ATTN: CIOP-COP-CO, 6010 S. 6th Street, Fort Belvoir, VA 22060-5505 1 - Director, Armed Forces Institute of Pathology, AFIP Annex - Bldg 102, 1413 Research Blvd, Rockville, MD 2°658 1 - File 8 FOR OFFICIAL USE ONLY DOD-DOACID000762 ROI NUMBER AGENT'S INVESTIGATION REPORT 0114-02-M369-2352S CID Regulation 195-1 Page I of 7 Pages DETAiLS 1 times indicated are in Zulu (Z). Local time is 4-1/2 hours plus. t 1200, 25 Sep 02, SFC 111111.11gfailialliMIMA Co, 519th Military Intelligence (MI) attalion, Bagram Airfield, Afghanistan, APO AE 09354 (BAF), reported a possible War Crime involving embers of the ri Special Forces Group (SFG) assigned to Operational Detachment Alpha (ODA) 343 in wara, Afghanistan. vidigino t 1205, 25 Sep 02, SAliaggand SM11101111.0this office, interviewed SFC ho stated he was attached to ODA 343 as a Counterintelligence Agent on 28 Aug 02. Approximately one hour fler his arrival at Firebase (FB) Lwara, his team was called out to a road adjacen t .document the hooting death of a local Afghan known as Mohammed SAYARI (NH). SFC _ _ stated he xposed digital photographs of the s e, I.ed DNA samples (hair and blood), and obtained fingerprints om the body of SAYARL SFC. tated he asked the members of ODA 343 what had ac d /. 1 though their story was consistent with the evidence at the scene. Additionally, CPT er, ODA 343, ri SEG, FB Lwara, instructed him to only rovide certain photographs he .elected, to the Commander's Inquiry into the shooting requested y BG Benjamin R. MIXON,.mbined/Joint Staff, 18th Airborne Corps, Coalition Joint Task Force OTF)-180, BAF. SFC tated the photogr.leg,ed were vague and did.cl uestionable photographs exposed at the scene CPT .t'fien instructed SFC.to &et 11r-s.19f the photographs from his computer and took the zip disk containing all photographs. SFC it. ad made a copy of the zip disk and had forwarded that disk to his HQ at BAF. SFC iNNW.Iii57•77 T provided the zip disk to this office, which was collected as evidence and documented on a DA orm 4137, Evidence/Property Custody Document, Document Number (DN) 046-02. t 1510, 25 Sep 02, SA.J.a.rid SAll coordinated with CPT. , Office of the taffJudge Advocate (SJA), Combined Joint Special Operations Task Force (MOM.), BAF, who stated he onducted a Commander's Inquiry and was satisfied that the shooting of Moha 4..was justified, and herefore, no charges would .a,gainst any of the SF personnel. CPT .tated he turned over II his paperwork to COL., Chief Legal, SJA, CJTF-180, BAF, in order to be briefed to LTG Dan - CNEfL, Commanding General, CJTF-I80, BAF, h 47141 Airiti‘.47Cli 5 t 1630,.F SASOMMind S riefed COL.n the status o.g igation OL.greeJ this incident warranted further investigation by USACIDC COL .her tided LTG MCNELL, who agreed further investigation was warranted Additionally, COL .stated e received 10 photographs with the Commander's Inquiry A review of those pfeiagragievealed the 4.444-3 uestionable photographs had not been included in the packet provided to COL .tOL ,grovided copies of the request for Commander's inquiry from BG Benjamin .phot .ubmitted with the Commander's Inquiry, and Sworn Statements of CPT.SFC TYPED AGENT'S NAME AND SEQUEN E NUMBER ORGANIZATION S A. .74-6 BO/ ch. 87th MP Det (CID), Bagram Airfield, Afghanistan APO AE 09354 S I DATE EXHIBIT h7C-6 A41 7 Nov 02 FOR OFFICIAL USE ONLY. 19 DOD-DOACID000763 ROI NUMBER AGENTS INVESTIGATION REPORT 0114-02-C1D369-23525 CID Regulation 195-1 Page 2 of 7 Pages DErAil_51371;16- C.7C.:5i 6-s- SSG. and SSG aodmaie ¦mgm all assigned to 7c:r 6 - -. DA 343, 3 rd SFG. (See attached ocumentation for details) A Q41 -/ Citijaitio and S.interviewed SFC tatement in which he detailed his knowledge of this incident. (See Sworn Statement of SFC 1b, ...e44_,/ 1135, 26 Sep 02, Sand who rendered a sworn 11!l1/1/ /111111 or details). Sistagis 6 Y t 0745, 27 Sep 02, coordinated with LTcaag.44is JA, CJSOTF-A, BAF, who stated he ould coordinate getting all ODA 343 team members to BAF for interviews. Additionally, LTC1111.1111/1111 ated he would attempt to locate and fully identify all the team members prior to their arrival at BAF, to 0 4 '-41-4.3 SP I). nclude SFCIIIIIIII. (NFI) and 07c**4 6-3 PC-1/ .61 47"1 "" 3risii4"-irsiht-5 t 0820, 27 Sep 02, S.coordinated with CO.nd requested coordinations be completed or the exhumation of SAYARI's remains. ObAki .______AZ4_ A__ _ -.6. t 0934, 27 Sep 02, Si.interviewed SSG. IIIIIIMRA Co, 519 th /A1 Bn,AF,.r n r d a sworn statement in which he de • e .IK wing evidence and original photographs from SFC.(See Sworn Statement of SS.Tar details) geed i .6 6 -/ • 6/4-1//b 4 -,' t 0940, 27 Sep 02, SA.interviewed SFCgoiiiiiimpinimm.C.TSOTF-A, BAF, who tated he attempted to track down the documents SAYARI had on him at the time of the shooting, as CPT .9 4-3 had asked him if he could obtain them for his Commander's Inquiry investigation. SF aid he knew the documents had been sent to the.e xploitation (DOCEX) e., as it was tandard routine to do so. He spoke with SF .• who told him SP.I) h t _e 'SFC verything to the Bagram Collection Point (BCP), BAFaliturned everythin y r s:4,,SS . ttempted to collect the documents from SSG.however, SSG.told him everything ad been turned over to the Defens xs ' Alive Agency (DIA) DOCEX, BAF. Once SFQ111=1111110c:3/4'..3 ordinated with the DIA DOCE.I) informed him they had never received the documents. SFC stated he was never able to locate any of the documents, and h n v . oked for any photographs or 4,4,4 j .as only trying to locate o. ents for CPT.Additionally, SF Ci NA evide ce as tated SFC. I) and SP I) afga.seis unit and had beenl tt ached to ODA 343 in Lwara; however, SFC .and SP ad replaced them both. They oth returned to their home station, 3D SFG, Fort Brag, NC 4161)4561 4 74.-f44-A-. t 0845, 30 Sep 02, SAN.. advised SSG-of his legal rights, which he waived and rendered a worn statement denying his team murdered SAYARI. (See Sworn Statement of SSG...for details) W t. -6-) 1,4-_,- TYPED AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION 87th MP Det (CID), Bagram Airfield, Afghanistan SA 1111111111=1111.11.11.11111 67466 APO AE 09354 47 --/ DATE E X H I BIT 7 Nov 02 94.FOR OFFICIAL USE ONLY DOD-DOACID000764 ROI NUMBER AGENT'S INVESTIGATION REPORT 0114-02-CLD369-23525 CID Regulation /954 Page 3 of 7 Pages DETA,Ls . 414.-6 bk/.A765) b L-s- t 1008, 30 Sep 02, SAM...advised CP11111.1111.111111of his legal rights, which he waived and 7614 endered a sworn statement denying his team murdered SAYARI. (See Sworn Statement of CPT or details) hiz,466-5- 74141. t 1245, 30 Sep 02, S.advised SFO41111.of his legal rights, which he invoked requesting legal ounsel {See Non-Waiver Certificate of 5FM...for details)127c-5)1:4--c Pe/lAk"/:h76=5)6G-S— t 1300, 30 Sep 02, SAIIIIMIlbadvised SSAIIIII.Sof his legal rights, which he invoked requesting legal ounsei_ (See Non-Waiver Certificate of SSG.11111111111118for details)h,--1)444-.? iit7i464 t 0700, 1 Oct 02, SAIMI1111111.and SA. Operations Officer, .Police etachment, C144,.tronghold Freedom, Uzbekistan, APO AE 09311, briefed LTC.and MAJ ommander, A Co, 2/3rd SFG, BAF, on the status of this investigation dditionally, MAJ.ated he would coordinate with the Mullah from Lwara on obtaining consent om SAYARI's family on the exhumation of his remains and transport of the reamins to Lwara 474•41. ,69L;-?/.4‘ '3 t 0835, 1 Oct 02, SAM.. interviewed SSGIISSOMMINNIMINIMINIODA 343, 2/3rd FG, BAF, who stated he was within the compound fixing radio equipment when the incident occurred on 28 ug 02, and did not leave the compound He stated he did not see SAYARI's body or the scene SSG ould provide no further information to assist with this investigation. A74144 b 1574-4.5-.FG, BAF, who ren.rri statement in which he detailed his knowledge of this incident. (See Sworn taternent of CW2 .for details) 474-1144-/._ t 10)0, 1 Oct 02, SAMINIMIIIMinterviewed CW281.1111•1¦1111111M.1111111111111111111ODA 343, 2/3' bout 0800, 2 Oct 02, SAME. interviewed SPCIMI A Co, 519th Bn, AF, who rendered a sworn statement in which he detailed his knowledge of this incident (See Sworn tatement of SPC.11110for details)4741)441/ medibk . 7Z;3k 3 t 1100, 2 Dct 02, SAM.", interviewed SFC. , ODA 343, 2/3D SFG, who e vvas in the ODA 343 living tent on 2.11412.493, playing a Sony Playstation video game when SSG old him about the shooting. SKIM= stated he asked if everyone on the team was okay and if he as needed for anything. Once he was informed everyone was okay and that he was not needed, he went back o playing the video game. He said he never saw the shooting scene and only saw SAYARI's body when it was ransferred from the truck used to transport his remains to the local AMF Commander at the FB. SFC id he was not informed as to what happened as CPT .ad asked everyone involved in the 7c. h. 7 .6ce e H learnede about the circumstances ig A ooting to go to the Operations tent to document what ao .urrounding the shooting once he arrived at Kandahar, prior to arriving at BAF for this interview SF TYPED AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION. 7t "3/4 s 4111110111111¦111111N10 hg-1,b 6 - / 87th MP Det (CID), Bagram Airfield, Afghanistan 47 el.64-146. APO AE 09354 UR DATE. EXHIBIT 7 Nov 02 . CID F.94. FOR OFFICIAL USE ONLY 21 DOD-DOACI D000765 ROI NUMBER AGENT'S INVESTIGATION REPORT 0114-02-C1D369-23525 CID Regulation 195-1 Page 4 of 7 Pages DETAILS tated he had nociclieaii6VAYARI was prior to the shooting, and was never told, or perceived, him as a threat o the team. SF stated he had no other information to provide regarding this investigation. biC-3.bk 3 ZY) .66-/ t 1100, 2 Oct 02, SAIIIIMMINIMMINEI, this office, and obtained a sworn statement from SSG DA 343, 2/3"1 BAF SS stated he was not present on the mission hen the shooting occurred. was present for the After Action Review (AAR) at the Team Op enter at the Fire Base. SS clarified what was discussed at the AAR in reference to the shooting See Sworn Statement of SS for details) h7C/i66 -/ 6747/ &ye. .47444 6- 3 t 0515, 3 Oct 02, SAMMIE. interviewed Commander .Afghanistan Military orces (AMF), and interpreter . with the following information noted: The AMF soldier who as with SAY.had since quit the AMF and was currently residing at an unknown location in Pakistan. ccording t.SAYARI was utilizing his truck as a taxi-cab, and the AMF soldier and other occupants ere his customers and were being transported to different locations. Additionally, the road on w YARI raveled and was detained by ODA 343 had been in the direction the AMF soldier wante stated e had been at the front gate of .F at the time SAYARI was conversing with CW2 about enting his truck. According t SAYARI did not immediately follow the .3 atrol when it left he FB, as previ.yjstated tated SAYARI was still trying to get CW2.to rent his truck hen CW2.very an S YAR1 to return in the morning. SAYARI still wanted to enter the B after th.eft, but C angrily insisted SAYARI leave immediately and return in the orning..an oth stated SAYARI had previously shown no acts of aggression toward he Americans, and according to them had not sympathized with Taliban or al-Qaida forces. As a matter of fact, hey stated SAYARI hated the Talib.d.gone against their rules and ways. They also stated they never eard of him p aci g it on and had not heard of SAYARI reacting violently if cornered or hreatened an stated SAYARI had previously lived in Morgah, Afghanistan, but had A. yes • the Lwara area due to him killing a relative during a dispute about land, approximately 15 years prior stated SAYARI had previously collected taxes from people traveling on the road adjacent the FB, rior to the Americans' arrival, and prior to the shooting. They stated SAYARI was sort of a businessman, tilizing his truck as a taxi and being involved in the harvesting and selling of fruit during the fall season. He - Iso stated SAYARI, although not an elder of the tribe, was respected by t s .s because of his tax ollecting, which he pocketed, and because of his security or bodyguards .tated he was called to the ite of the shooting, and upo .'val, noticed SAYARI's turban was still on his head ancklkww.s7a wound o his head and to his ches.escribed the wound to the chest as elliptical in shape. dre.e ea and two representations of the wounds he saw on SAYARI's chest. (See attached rough sketch o or details) e474.6.11 t 0940, 3 Oct 02, S.coordinated with SAYARI's tribal elders and his father (NFI), who would not ]low SAYARI's body to be exhumed due to religious beliefs. The elders stated several of them washed TYPED AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION SAMMIIIIIIIMOMP467e,0 0* '2‘ 8711 MP Det (CID), Bagram Airfield, Afghanistan 41.74 .4 APO AE 09354 SIGN DATE. EXHIBIT 7 Nov 0 -) TL FORM 94. FOR OFFICIAL USE ONLY 22 DOD-DOACID000766 ROI NUMBER AGENT'S INVESTIGATION REPORT 0114-02-ClD369-23525 ClD Regulation 195-1 Page 5 of 7 Pages DETAiLS SAYARI's body prior to his burial and could possibly describe the wounds. The elders stated they would meet SAMMagain and would discuss matters further 1,76/1 164=/. 4/Z*4t-i Agent's Comments: Due to time constraints of awaiting travel from the FB, the meeting between and the elders was short and no definite matters were discussed. It was agreed to discuss matters further when USACIDC traveled back to the FB. ,676466-/: 7604 '5. A/61¦44-*/ , 3 Oct 02, SAIIIMID coordinated with LICIIIIIIElkwhiAformed SAMENNithat MSG 74".- had re-deployed to F.r.ong with SSGINIMISron.rgency leave, Additionally, SPC ci C.. were both support personnel at FB Lwara and were possibly rnechanics, LT.aid not know to what unit they were assigned, and stated they had no g .n with ODA 343 other than to offer support when needed in regard to mechanical problems. LT .had no idea as to why their names were added to the team roster. 474- 4 10 0 6 Oct 02, SANNIIIPIIIII/IMPolygrapher, I MP Det (CID), Fort Hood, TX, advised CPT of hi le a.ts, which he invoked requesting legal counsel. (See Rights Non-Waiver Certificate of CP .for details) 12/ t M./ 674-i. 6'5 At 0335, 6 Oct 02,. SSGM111111111glatrights, which he invoked requesting legal counsel. (See Rights Non-Waiver Certificate of SSG .or details) 47Z__A/1=5346 041-1: At 1205, 9 Oct 02, SAI=IMinterviewed SF011111111111111111=11. who rendered a sworn statement further detailing his knowled e o t death of SAYARI and the actions of the SF Team, ODA 343. (See sworn statement of SFC. for details) categb6 -/ At 0915, 9 Oct 02, S.collected a Sony laptop computer, serial number 28318330 3621694, as evidence from SP.-3The evidence was documented on a DA Form 4137, Evidence/Property Custody Document, DN 047-02. agaidt/ At 1203, 10 Oct 02, SA.ollected beads, which were in the right hand of SAYARI at the time of his death, as evidence from LICIMIIIP The evidence was documented on a DA Form 4137, Evidence/Property Custody Document, DN 048-02. cides/av dant/ 67646 d-3 At 1200, 18 Oc-t 02, and SA.briefed LTC11111111111111110Deputy SJA, t a c _ is investigation LT.opined there was insufficient evidence at this time to title CW2 _.with any offense, however, a suspect interview should be conducted to ascertain his involvement with the recently developed information pertaining to the acts of the subjects of this investigatio . There may possibly be rwo other members of the ODA involved in the conspiracy to kill SAYARI LTC .pined to obtain ODA TyPED AGENT S NAME AND SEQUENCE NUMBER ORGANIZATION SAMMIIMMOMIROMil 47e-elb 87th MP Det (CID), Bagrarn Airfield, Afghanistan . 71, 61 APO AE 09354 SIGN DATE EXHIBIT 7 Nov 02 RM 94r OR OFFICIAL USE ONLYr 23 DOD-DOACID000767 ROI NUMBER AGENT'S INVESTIGATION REPORT 0114-02-C1D369-23525 CID Regulation 195-1 Pa T e 6 of 7 Pa T es DETAILS 343's weapons now that a partial bullet was recovered from the crime scene, and submit items to USACIL for examination.. AlV)A 41 At 0330, 22 Oct 02, S..coordinated with CPT. who stated he had interviewed members of 1 sT Platoon, A Co, 11505 TH Par..antry Regiment (PIR), 8213 Airborne Division, Afghanistan, APO AE 0 5, 1.). CP •rovided statements he obtained .2L FCkn widarrourimirms and PF. L. and SF ated they had arte ,d r pk.R wi tri "ID of ODA 343 on the day of the shooting in which CP W2 arid SF.spoke about the shooting. (See sworn statements of 2L and SFC.for details) 4,7441:44-A 6-/ Iod-h At 0545, 22 Oct 02, SA.onducted canvass interviews of personnel from 1 ST Platoon, A Co, 1/505' PIR, 82D Airborne Division, KAF (See Canvass Interview Worksheet for details) 041 4'1 43 44 At 0625,.0 43, SAIIIIIIIIIIIkonducted canvass interviews of CP and PFC , both assigned to I sT Platoon, A Co, 1/505 1 P IR , 82D Airborne Division, KAF (See Canvass Interview Worksheet for details) -/ ag At 0720, 27 Oct 02, SA.drafted DA Form 3655, Crime Lab Examination Report, for evaluation by the U S. Army Criminal Investigations Laboratory (USACIL) in reference to this investigation (See DA Form 3655 for details) . . At 0600, 7 Nov 02, S 7b/i 4"/ this office, and CPT conducted canvass interviews of the following soldiers assigned to the Mortar PI .n,.PI, 82D Airbo e. , 11505`s PIRo KAF, who had no information to pr vide..T PV2 PFC. SGT 11111MIMMIIIIIIMOMMI 6=3 Ag.--$1.4-. d/.ammulai op . At 0644, 7 Nov 02, SA interviewed CPT latoon Leader, Mortar Platoon, 1-13-IC, 11505 th pm, 82D Airborne Division, KAF, who renkefl Ipivirn statement in which he detailed his knowledge of this incident (See sworn statement of CPTIliarar derg.asT '—'TYPED AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION 87 11 MP Det (CM), Bagram Airfield, Afghanistan Pt5444 APO AE 09354 SIG DATE. F EXHIBIT 7 N v 0 2 2_ FOR OFFICIAL USE ONLY 2 4 DOD-DOACID000768 ROI NUMBER AGENT'S INVESTIGATION REPORT 0114-02-CID369-23525 CID Regulation 195-1 Page 7 of 7 Pages Dm AiLs b74-1. bid t 0703, 7 Nov 02, SA111.11.1 interviewed SPC ortar Platoon, F11-1C, 1/5054116.airborne Division, K.AF, who rendered a sworn statementAifah he stated he observed ubsequently obse C t the front g leave with the patrol that went after Mr. SAYARI. (See sworn &fire Base conversing with S - tatement of SP or details) t 0712, 7 Nov 02, SAlinterviewed SGTIMMIIIMIIIIIIMIII/OMortar Platoon, HNC. 1/505Tii P WC, 82D Airborne Division, KAF, who rendered a sworn statement in which he detailed his knowledge f this incident SGT11111111111.1perforrned duties as Sergeant of the Guard while at Lwara Fire Base (See worn statement of SG111111111.11111for details) t 0730, 7 Nov 02, SAMS interviewed PFC Mortar latoon, 1/505 Airborne Division, KAF, who rendered a sworn statement in which he stated --b e ob at the front gate to Lwara Fire Base conversing with SAYARI PFC abyascl an SF patrol leave the FB after SAYARI left the gate (See sworn statement of ror &fails) 1111111111111111111111111111111111111111111111111111111111111111111LAST ENTRY/illll////////////////////////////////////////////////////////////////// TYPE SA NTSNAMEANDSEOUENC NUMBER.. 44741,6%)/ ORGANIZATION 87"4 M13 Det (CID), Bagram Airfield, Afghanistan APO AE 09354 DATE 7 Nov 02 EXHIBIT 9 FOR OFFICIAL USE ONLY 25 DOD-DOACID000769 Page(s) • • Referred to: U.S. CENTRAL COMMAND 7115 SOUTH BO DARY BLVD ATTN: CCJ6-DM MACDILL AIR FORCE BASE FLORIDA 33621-5101 MS, JACQUELINE SCOTT scotti0),centp: (813) 827. 5341/2.830 DOD-DOACID000770 Sworn Statement 0//11-02 -c-/.0565— 235-zs- LOCATION: %gram Airfield, Afghanistan, APO AE 09354 DATE: 26 SEP 02 417141 L TIME: 1/15-2-ulkkr61r1"A‘ y NAME: SSAN11111111.11, RANK: SFC ORGANIZATION: A CO, 519111 MILITARY INTELLIGENCE BATTALION, BAGRAM AIRFIELD, AFGHANISTAN APO AE 09354 want to make the following statement under oath: I am currently serving as a Counterintelligence Special Agent with Company A, 519th Military Intelligence Battalion located at Bagram Airfield, Afghanistan. On or about 28 Aug 02, I was - transferred to Firebase Lwara, Afghanistan in support of the Combined Joint Special Operations Task Force as the Counterintelligence Special Agent in Charge. I arrived at Firebase Lwara at approximately 1400 hours local time on or about 28 Aug 02. At approximately 1500 hours local time on or about 28 Aug 02, a Osr. Operational Detachment Alpha (ODA) 343 approached myself. along wi the outgoing Counterintelligence team, SFC/IMP' '446' s PC.,4,incl told us that we needed to get our gear to process a suspected aggressor that had] st been shot. I secured my digi .er.bookmdasen, and left Firebase Lwara in a govemrnent vehicle along wit . Tandielir3garoximately one half mile south of the firebase there were approximately eight members of ODA 343 situated in a circular defensive perimeter approximately fifty meters in diameter around an individual lying prone on the west side arid approximately fifteen meters from the center of the riverbed that is also used as a road. The individual was oriented with his head farthest away from the road OT riverbed, lying prone with the left side of his head against the ground and face oriented to the right. In his right hand, clenched in a fist, v,as a string of beads. His right arrn was bent and oriented toward his head and shoulders, his right forearm had brain matter and skull fragments splattered on it. His left arrn was lying to his side and his left hand was empty. After an initial visual inspection of the body I took several pictures of the body in its undisturbed state. I then pulled the shirt of the body toward the head in order to expose the posterior of the torso because I had noticed several holes in the shirt. I took a picture of approximately five punctures in the back of the boft. I then rolled the body over and took additional pictures. the .stni ted SPC crcieletre body and collect DNA samples from the body. Wipe a .‘a.-k` taking the DNA samples, an unknown individual saiclxtvnklatllWAlhe-one that did the shooting. I asked the unidentified person who as dridrwairAccteadis.isoldier that was on the East side of the perimeter farthest from their' asked Alan happened and he told me that the person that had been shot was, on several occasions, suspected of following Special Forces soldiers out of Firebase Lwara on their patrols. ODA 343 left the firebase in order to observe the subject's actions. ODA 343 traveled south from the firebase down the riverbed to a location where a hasty defenseruld be set and a roadblock established . This action was termed a Crazy Ivan.e subject along with approximately five local persons that were riding in c subject's truck entered the perimeter and ODA 343 initiated the stop of the vehicle. 44"744/, Page of 6 Pages FOR OFFICIAL USE ONLY E0ibit: 5 7 DOD-DOACID000771 iiigkt4(ile. Statement of SEC taken at Bagram, Afghanistan, on 26 Sep 02, continued: 0//y—OZ -C..../Z236 (7 -Z 35 z 5--The five passengers in the vehicle were instructed to leave the area immediately, which they did. The subject was the driver of the vehicle and was taken to the West side of the road, his weapon taken from him and placed approximately ten feet from him. The person that took the weapon from the subject left the subject to return to a M-1025 High Mobility Multipurpose Wheeled Vehicle to radio the firebase and have the counterintelligence team disp a location of the detention. Wdlatphosperailoleft the subject to call the firebase _ believe an individual name ire o the subject. I was told by e s.aject lunged for his weapon, picked up his weapon, turned and pointed the weapon at the Special Forces soldiers. I then returned to the body and loaded the body into the back of the deceased truck. The body was driven back to Firebase Lwara by one of the contract Afghanistan Military Fore 4/soldiers , in the truck that belonged to the deceased. The body was fingerprinted by SP then the body and truck were released to the family. I placed the DNA evidence that had been collected at the scene in a fr eitithat was located in my tent and had SPC111/11,have a category II interpreter, name ), that was assigned to the signals intercept golr; o the firebase look over the documents that were collected from the body ainrat there was nothing significant to report about the documents. I transferred the digital photographs that I had taken with my camera to my laptop computer and then to a zip disk. Approximately 3 Sep 02, 111111.1Pkndallpieft Firebase Lwara under normal conditions leaving the evidence at Firebase Lwara. I instructed SPAIIIIIIIIthat he would travel to the Bagram Collection Point on the next available aircraft i to hand carry the eviden there and to personally hand the disk of digital pictures1to urnea the evidence and p ogjp over to SS approxtrrfately the week of 15 Sep 02. On 24 Sep 02, CPT ODA 343's Team Commander, approached me and told me that a member of the Judge Advocate General's Corps would be arriving on the 0800 Zulu aircraft in order to secure statements from several of the team members that were involved in the shooting incident and that he needed the pictures that I had taken. I still had all of the pictures I had taken of the incident on my computer and I took t Ecuiteinto the briefing room in order to transfer the pictures to a zip disk. CPT eviewerthe pictures with me and indicated the photos he wanted me to transfer to the zip ' esdid this by having me enlarge the pictures so he could look at the pictures. CPT old me, while viewing the picture of the body that shows brain and skull matter on the forearm and the beads cline iiitfri fy,t, that he did not want that picture on the disk. Additionally, CP old me that he did n ;lor:Stke-pieture showing the holes in the back to be transferred to the disk. CP srniEfelme to not transfer several other pictures to the disk and ide Wiped the pictures to transfer. I transferred the pictures to the zip disk and CPTIIIIIIMISfrme that he wanted me to delete the pictures t t e at transferred from my computer. I deleted the pictures and then CPT mere del Otte e^ jr pictures from the recycle bin of my computer, which I did. I left CP t re zip disk and returned, with my computer, to my quarters. I returned to Bagram Airfield at approximately AnKurs Zulu on 24 Sep 02. At approximately 0500 hours Zulu, 25 Sep 02, SF !Morn the intelligence section of the Special Combined Joint Special Operations Task Force (CJSOTF) called me and said that he needed to co lecl thh evidence that I had sent to the Bagram Collection F ciliy f r exploitation. SF.'en{ wit. me to collect the evidence. sscim111.11Wg,-e.issioned officer in-charge (NCOIC). turned the evidence over to SF11111.1.1 trfai aske SS(111111111116t-the disk of pictures I had sent by 61/14 Page 2 of Pages FOR OFFICIAL USE ONLY Exhibit: 3 58 DOD-DOACID000772 Ag..4Jit-z/ Statement of SFC taken at Bagram, Afghanistan, on 26 Sep 02, continued: /.054.1 — 2 3 cz5- way of SPCIIIIIP I took the disk of pictures to the Bagrarn Criminal Investigative Detachment (CID) for processing. 416-) Q: S A: SSG Q: How many ODA 343 mernbers were present when you arrived on the scene? A: Four that I know of, and several AMF soldiers. Q: Who wer.us? inimaislio6. and CP Q: Do you kno.• full identification? A: No,.I lcno ast name i Q: Who scene? 1, 7c -16. 1 A: SP and SPC11111111(NFI). Q: Who else w the seensemy49..prrived? A: CP th ihugelF soldiers. Q: Do you know or did you see SSG.t tte scene? A: I can't recaillgi_01',Ivid 7.7 ,..;•?e.46 Q: Did xpress any concerns as to what they saw? A: Yes, SFCMIllasaicf.t.tl-ier one. Q: Were any of timilk ie vkpleg..3 A: Yes, SFC.asMappy about it. Q: Can you describe unhappy about the situation? A: He seemed disgusted about it. Q: Did he say anything to you at the scene, or later, that would lead you to believe that the shooting was not justified? .6706 6 3. geltZ 6 IS - A: I don't think it was SF1111111pbut I overheard someone say that'll/Riad previously stated that he was "going to get one before I leave." I believed that it meant that he was going to kill someone before he left.1,6-. .6.e...s 765'44 6 *74.* 3 - Q: Did SF._ ivjektEll you grkythijIg about prior experiences with ¦Por any SF soldiers? A: SFC.I me thatiallikeliTisd an Afghan before. i remember SFC11/110saying "not again" before we left from the Firebase. b7 - Q: What type of weapons did the ODA 343 soldiers have with them? A: M-4's, all of them had M-4' s. Q: Where was the AK-47 when you arrived? A: It wasn't even at the scene. Q: Did you ever see it? A: No. Q: How long after the shooting were you notified? A: Approximately 10 minutes, and we responded right away. Q: Did anyone attempt to contact a MEDEVAC, that you know- of? A: Not that I Icriow Q: Do you know whether or not its procedure for someone to contact a MEDEVAC? A: The teams have SF trained Medics and it would be their determination. 067&6,66-y Page Pages 3 of (42 AMP— — INITIALS FOR OFFICIAL USE ONLY Exhibit: 3_ 59 DOD-DOACID000773 7e.-v. Statement of SFC -taken at Bagram, Afghanistan, on 26 Sep 02, continued: 01114-01-c/V3i,— Z Q: Do you know who their Medic was? A: I thinIc it was.1111fr'511)4r -5- Q: When you arrived, was SAYARI fully clothed? A: He was fully clothed and his body was returned to his family. Q: Were there any powder burns on his clothes that you noticed? A: I can't remember. Q: Who moved the body? b 7c-7,45 A: SPC111111pind myself. Q: Had the body been moved prior to that? A: I don't know. Q: Where were the ODA 343 personnel when you arrived? A: They were still established in a perimeter pulling security. Q:iliagertarnrivihoTwas where?. 470 -54 4..5 A: er-esin e3e2sitem edge of the riverbed opposite the body. CPT11111111.111p was to the south, and.wd Ae center with the body.. 's a Warrant Officer with the team. e's the one who notified us of the shooting..ix .- Q: Where was SAYARI's body in relation to his truck? A: It was about 15 meters north of the back of his truck. Q: Did it appear as if the body had been moved? A: No. Q: Did you notice any changes in personalities after the shooting? .i)70;44-C A: I had never met any of those guys before I got there. I did notice thatill.ndillipwere kind of quiet and reserve. They were away from the body. Q: Do you know whether or not anyone took any type of "war trophy" from the body? A: No. Q: Do you know who the individuals with SAYARI were? A: No. Q: Do you know if anyone else does? A: I'm sure the AMF would. Q: Was SAYARI a suspected Taliban or al-Quaida that you know of? A: SAYARI was suspected of following the convoys leaving Firebase Lwara, but was not a suspected Taliban or al-Quaida that I know of. The folks around that area are not Taliban or al-Quaida, they are more soldiers of the local warlords. Q: Do you know who he worked for? A: No, but I did think he was an AMF soldier. Q: Did you notice any blood splatter on any of the ODA 343 personnel? A: No. Q: Why was the U.S. M-16 placed in some of the photographs? A: For reference, it was my M-16. Q: What was the mood or atmosphere in the firebase after the shooting? A: Norrnal. Q. When you saw the body, did you notice any apparent stomach wounds? A: No. Q: Wer ere any apparent gunshot wounds to the front of the body? 47 6- y,6 -. Page Li of 6 Pages FOR OFFICIAL USE ONLY Exhibit: 3 SO DOD-DOACID000774 b:'Y Statement of SFC taken at Bagrarn, Afghanistan, on 26 Sep 02, continued: 40 I gt —0 L-6/P3, -z35-L5- A: Not that I saw. Q: What did the gunshot wounds to the front of the body look like? A: I saw an exit wound to the top right front of the head. I didn't lift the shirt up on his chest, but I did see blood and what I thought to be exit wounds to the front of the body. Q: Why didn't you lift the front of the shirt? A: I was scared to raise the shirt up as they were watching me at this time. Q: Did anyone tell you what you could and could not do while you were out there? A: No, they didn't know me, I had just gotten there. Q: Was there any intelligence information on SAYARI? A: There was nothing of intelligence value collected from SAYARI. Q: Did you completely delete the pictures from your computer? A: Yes. • Q: Is the pictures by chance still on your cameras memory stick? A: No, they were deleted as well. Q: What other events transpired after you arrived, aside from you examining the body? A: Upon my arrival, I placed my truck adjacent to SAYARI's body in order to block the view of the body from any persons walking or driving by. While we were there, there were three trucks full of local nationals that passed by. My tan colored truck was the truck in one of the photographs that was near SAYARI's body. Q: Did the SF soldiers say why the other occupants of SAYARI's truck were let go? A: They stated that they had no reason to detain them, that they were only after SAYARI. Q: How did you know that the material on SAYARI's shirt was brain and skull fragments? A: The same fragments and material that was on his arm was the same fragments and material that was coming from the wound in his head. Q: Is this statement is your own words? A: Yes. Q: Do you have anything further to add to your statement? A: No //lEnd of Statement/// 4.70:66 -y Page 5 of (r Pages -4111111 FOR OFFICIAL USE ONLY Exhibit: 61 DOD-DOACID000775 ,67cr(2% e -Y Statement of SF taken at Bagram, Afghanistan, on 26 Sep 02, continued: 0 / Ift —0 z.403 z 3 SZ AFFIDAVTI' HA.VE READ OR HAD REigliSPWIHS STATEMENT WHICH BEGINS OF PAGE 1 AND ENDS ON PAGE‘MitLL ERSTOOD THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I RAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTONI OF EACH PAGE CONTAINING THE STATEMENT. I RAVE MADE THIS STATEMENT FREELY WITHOUT FIOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENTAIIII/9c-viiikti Y),66-y 67c-1/ 046-1 WITNESSES: (S s . re 0 ST5011rng ment) Subscribed and worn to before me, a person authorized by tinu to administer oatbs, this 266 day of September, 20D2, at Bagram, tA0 IDL.4-t Cc .o) 1+0,‘„, w. e,taX*Lo 15,f6.4(1-4 'unship oPaiib‘p—/ A,Pir. ocin-k ORGANIZAMN AND ADDRESS Signature of on Administenng 17C-6 ,46, 6 (Typed Name of Person Administering Oath) Article 136,111140 (Authority to Administer Oaths) 6sy. Page 6:3 Pages FOR OFFICIAL USE ONLY Exhibit: 3 62 DOD-DOACID000776 -z5s-as- -3 x:r:/A) 5 02 ,) x--5-5.04y ovrvs A-7 im—)0.xs -- itgkc-5.14k, A—. c5/ ell X X -3 -y 616-/1 /'6 / Fic.70 of "NIIIO 63 scrrylio, DOD-DOACID000777 01 14-02-CIDIc3 - 35-2S Sworn Statement LOCATION: Bagram Ail-tied, Afghanistan, APO AE 09354 DATE: 27 Sep 02 Otii,1/41.)(,..y TIME: 0 ci 39 '' N. 7c-4/,,/i-sy SSANIIIIIMIIIIMPCI. 64 - v RANK: SSG/Active ORGANIZATION: A Company, 519th Military Intelligence Battalion, Bagram Airfield, Afghanistan, APO AE 09354 • 4 7e-11 .9:16411 SSG want to make the following statement under oath: allinmetime in early September, I received as the Noncommissioned Officer in Charge of the '___ Bagram Collection Point (BCP) two Persons Under Uni ytSty..p.s Control from an Operational -Detachment Alpha Team in Lwara. SSG(P.wifewasYattached to the ODA in Lwara sent accompany' ktpfpriipation and doe FetAillese two persons. Approximately one week later, SP.one451 SS ()idlers working in Lwara, returned to Bagrarn AF with a package of forensic evidence and documents. I incorrectly assumed these docurnents and evidence to be from the same raid in Lwara. In the package was human tissue from a deceased local national, fingerprints from the same local national, assorted documents and a zip disk. Upon inspection of the zip disk, I found pictures of the deceased local national. Later that day, I signed over the forensic evidence (including the human tissue a.nd fingerprints on an index aRT06_, and copies of the pictures from the zip disk (burned onto a CD) to SAIRINIIIIIMPof the Criminal Investigative Task Force (CITF). As a matter of practice all forensic evidence is turned over to CITE upon arrival at the Bagram Collection Point for proper documentation t L.1)Nrs..,, proper chain of custody. A DA Fron-i 4137 was signed from myself to SA.cr.& evacuated the tiDiraurprints, and copies of the pictures. I maintained the zip disk 1 received fromAPARFin rdy office in the BCP until 25 SEP 02. The documents received from SPC ONIP wer'e evacuated through Document Exploitation (DOCEX) channels to Defense Intelligence Agency DOCEX. Tkitt,tlortual procedtzre for documents brought into the BCP. On 24 SEP 02, SSG...Bre Ea,cirri ,, re Lwara on a routine resupply nigiiik pthe evening of 24 C-als-S/ SEP 02, SSGIINIIIIIIPa§ie'd.(if.1 still had the zip disk SPC .a given me. He said that he wanted to take possession of the disk because the zip disk was the last copy of the pictures from the shooting and there were people who may want those pictures destroyed. He further explained that the Staff Judge Advocate had initiated an investigation into the shooting that resulted in the death of the individual. The forensic evidence was from the individual who died. He also stated that the Staff Judge Advocate was not giveni6ieisit9S all. of the pictures con p the zip disk that he had forwarded to me with SPC .'411KiYSEP 02, SSG Totnd me at approximately 1100Z in thIlimwp. Room of the BCP where I was - sleeping. He woke mc and told me that SFC .vTa?r -3 ipe and want dtp,I.a.t.e C Jelb-V possession of all of the proary_tkt.clrpe in wit SPC. so told me not to give the zip disk to SFCIancilitieto mention the existence of the pictures. I recovered the zip disk from my office and checke witturi_z DOCEX team to learn the location of the doc.nts that came in with SP.Vs1100110EX Chief informed me that the documents 7611, 6 '9 Page \ of '3 Pages • FOR OFFICIAL USE ONLY Exhibit: 5— 6 4 DOD-DOACI D000778 365—z 35-z 5. 0114-02-CID 103 Statement or SSG taken at Ragram Airfield, Afghanistan, on 27 Sep 02, continued: were at DIA DOCEX being scanned into the Harmony Database. I instructed my DOCEX Chief to wait until CEX was done scanrdigiilpdcoEtReints and then turn the documents over to gc. SF(4111101 er a uses, SFC sa= iz u,kl over the documents himself from OC ersonally. eff faylity and I then passed te r 7C,` the zi disk to SSGp told SSG at call d sioning eozils of the -fr pictures over to SAIIMis/i suggested that we check with SA1111.11110 ens mat he still had these pictures d tQseek his counsel regarding th ents surrounding the shooting in ro:* Lwara. SA en referred us to S 6 746 Q: SA 7").64-1 - A: SSAMIIIIIIP 6:Zt44:7;.476 '*, 9 Q: Is SS011.11111.the same as SFC11111111111.7 A: Yes he was promote in.Stember. -y Q: Did SFC ve? e I you what happened in Lwara? A: I was present when he told SAINIMIllabout the incident. Q: Have you ever, or were you present at Lwara at the time of this incident? A: I have never been to L Q: Prior to SFC elling you about this incident, have you heard anything about ODA 343? A: Not to my knowledge. I have had extensive contact with personnel from the Forward Fire Bases, but I never really knew from what Fire Base they were from. Q: Is this statement is your own words and typed by this agent? A: Yes Q: Do you have anything further to add to your statement? A: No //TEncl of Statement/// 11111167c. v.,64 -Y Page CI) of 3 Pages INITIALS 4-- FOR OFFICIAL USE ONLY Exhibit: r DOD-DOACID000779 n-V2.6 6. 0 14-02-m669 Statement of SS11.111111. taken at Bagram Airfield, Afghanistan, on 27 Sep 02, continued: AFFIDAVIT atfieV066-1 SS HAVE READ OR HAD READ TO 1VIE THIS STATEMENT WHICH BEGINS OF PAGE 1 AND ENDS ON PAGE 2. I FULLY UNDERSTOOD 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 TH:E STATEMENT. I HAVE 1VIADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. 47646 46- WITNESSES'. ing Subscribed ind sworn to before me, a person uthorized by taw to administer oaths, this 27° day of September, 2002, al Bagram Airfield, Afgha 'stan, ORGANIZATION AND ADDRESS. (Signature (Typed Name of Person Administering Oath) Article 136, UMCJ (Authority to Administer Oaths) 476'3' ‘'Y Page 3 of.Pages FOR OFFICIAL USE ONLY Exhibit: 5- 66 DOD-DOACID000780 .r k RIGHTS • -ARNING PROCEDURE/WAIVER CERTIFY: For use of this form. see AR 190-30; the proponent agency is ODCSOPS DATA REQUIRED BY THE PRIVACY ACT S liJTHOR1TY:r Title 10, United States Code, Section 3012(9) •r1NC1PAL PURPOSE:rTo provide commanders and law enforcement officials with means by which information may be accurately identified. ROUTINE USES:rYour Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval. DISCLOSURE:r Disclosure of your Social Security Number is voluntary. r c4. b6•5.h.• b 6•5 1..LOCATION 2. DAT. 3.TIME. 0..FILE NO. Bagram Airfield. Afghanistan, APO AE 09354 30 Se.(9a-1.0114-02-C1D369- - 5..NAME (Lest, First, MY1 / .:ORGANIZATION OR ADDRESS. 2.35 7.- S VC 4-/-64-5 Operational Detachment-Alpha 343,/15rd Special Forces Group e..SSN. 'S 7_.GRADE/STATUS Bagram Airfield, Afghanistan SSG/AD APO AE 09354 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 Investigation Command As-a S.c'.c.pc-i).66:-3-Me about the following otfensetsi of which I am and wanted to question suspacte. _piracy and Murder/// Before helsh. asked me arty questions about the ofiensels1, however, he/she made it clear to me that I have the fallowing rights: I do not have to answer any question or say anything. ..Anything I say or do can be used as evidence against me in a criminal trial. 3_.(For personnel subject oche UCMJ:1 have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me ij .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. w -gboth_ - or - (For civilians not subject to the LICMJ) 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 al my own expense, or if I cannot afford a {lawyer and want one. a lawyer 11°.will be appointed for me before any questioning begins. If I am now willing to discuss the offensels1 under investigation, with or without a lawyer present, I have a right to slop answering questions at arty time, or 5-izefilii. privately with a lawyer before answering further, even ii I sign the waiver below..,......--- 7e5 z 4-_5: i ie.:5th 5..COMMENTS (Continue on reverse side): WNW Have you been advised of your legal rights within the last 30 days?.0.Do you currently have a lawyer. ./1/0 Section B. Waiver I understand my rights as stet .I.now willing_to discuss the ottensels1 under investigation and make a steternaent witholo,telle.ing to a lawyer lust and without having a lawyer present with . pc-.,.., 44 6 -Sr. j3 7C.:5//) (1"-' WITH.f available 3. -'" ¦.'TER IEWEE _. ¦ • ,.a,: -11!...i.• : b ).0/7 P i) 67-MA/.0b (4e6 b iz 0 9711 7 c.1 gi - / 2s_:NAME (Typo or Print):1 5. ¦ ;,_:.:.,..;..,:OA.1.G.,TOR 7C. '0.‘.4.-// la.ORGANIZATION OR ADDRESS AND PHONE 6. ORGANIZATION OF INVESTIGATOR 87th Military Police Det (CID), Bagra 't, Afghanisiao, APO AE 09354 Section C. Non -waiver 1.I do not want to give up my ti g hts IE).I want a lawyer. El.I do not want to be questioned or say anything SIGNATURE OF INTERVIEWEE ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 28231 SUBSEQUENTLY EXE C UTED BY THE SUSRECIYACCUSE0 . LISAPA 2 EDITION OF NOV 84 IS OBSOLETE DA FORM 3881, NOV 89 ExA, )n, 1- 6 DOD-DOACID000781 , 0114-02-C1D369 -2.35)5 Sworn Statement LOCATION: Bagram Airfield, Afghanistan, APO AE 09354 DATE: 30 Sep 02 06767),66 TIME: 093/ NAME: SSAN: Mi111111111.Pc.3744--RANK: SSG/Active ORGANIZATION: Operational Detachment-Alpha 343, 3" Special Forces Group, Bagram Airfield, Afghanistan, APO AE 09354 a ;6 &"5- I, SSGaii want to make the following statement under oath: I left Fire Base Lwara around 1000z, on a patrol designed to capture an al-Qaida informant who had been watching and following the FB's patrols. WAydefLin a 2 vehicle convoy to see if the suspect would follow. Myself and CPTIMMINIIIwgrAed with fianIc security and 1 positioned myself on the backside of the hill to give me the best view of the road. 'continued to monitor the road. A few minutes later,' heard shots, I ran back to where the road block was at and saw the subjects laying on the ground. Also at the time, I saw SSG...Wicking the suspects weapon away from him. After determining my team mates were fine and uninjured, I posted myself back on security. Q:. 7c-.1, 4i r A: SSG1111111111111p Oc-37 A-5- Q: On what date did this occur? A: 28 August 2002. Q: Did you conspire with your team members to shoot and kill Mohartuned SAYAR1? A: No. Q: Do you know if any of your team members wanted to shoot and kill SAYAR1? A: No, none of my team members wanted to kill SAYARI. Q: At any tirrke, while your unit had SAYAR1 detained, did you see anything in his hands? A: No, was on security behind the hill and could not see his hands. Q: Did you see SAYARI in possession of a weapon? A: He had an AK-47 with him when we initially stopped him. When he stepped outside of the vehicle, he had it in his hands. I then went over and set up security. Q: Did you see aiz;cof your_team members take SAYAR1's weapon and place it anywhere? A: SFC11111111 rag/4 Weapon and placed it on the ground, about 10 feet away from SAYARE's truck. Q: Did the. other local nationals within SAYAR1' s tkuck have any weapons? A: One of the AMF soldiers had an AK-47 on him. Q: Did the other local nationals present any threat to you or your team members, or attempt to resist you moving them away from the scene? A: No. Q: After the shooting. were you able to see SAYAR1's body? A: After the shooting, 1 was only able to see the body from a distance. He was ly-ing face down on the ound. 1 could not see how his arrns, legs and head were positioned. Page k orkt Pages . Vi Form 2823. FOR OFFICIAL USE ONLY Exhibit: 68 DOD-DOACID000782 /6'7657). 0114-02-CID369 D,1s2b Statement of SSIIIIIMIrtaken at Bagram Airfield, Afghanistan, on 30 Sent 02, continued: Q: Where on his body were his injuries? A: I could not tell from the distance. Q: Did he have anything in his hands? A: I could not tell from the distance. Q: What happened with the weapon confiscated from SAYARI? A: After the incident occurred, I believe it was placed inside one of our trucks. Q: What weapons did your tearn can-y with them to the roadblock? A: All U.S. Q: Did any of yow- team members carry any non-U.S. issued weapons? A: No. Q: What happened after theshooting? rac--%/46 - A: SFCIlaircoula not get communications with the Fire Base, so he and I drove one of our vehicles back. At that time, we also notified Counter-Intelligence about the shooting. Q1 After Counter Lntelligence arrived on the scene, were you able to see SAYARI's body? A: Yes. I saw a wound to his head and abdomen. Q. Describe those wounds? A. The head shot looked like a small hole in the center of the forehead about as big around as my pinkie size I guess. The stomach wound just looked like an entrance wound, a pinkie sized wound, about center on the abdomen. Q. When you say pinkie, what are you referring to with that term? A. My pinkie finger. Q. Did you see any other wounds on the head? A. No. Q: Did you see anything in his hands? A: No. Q: Did any of your team members ever tell you what to say to the Commander's Inquiry Investigating Officer? A: No. Q: Did any of your team members ever tell you what to say to USACIDC? A: No...67C;Sla 6'5- Q: Did CPTIIIIIMIWPever tell you to leave out certain information to the Investigating Officer, or USACIDC? A: No.. 764-6-5- Q: Did you Icnow if CP.ever left out any infortnation, or withhold evidence to the Investigating Officer, or USACIDC? A: No. Q: Did any of your team members mention, or state to you that they had lied to the Investigating Officer? A: No. Q1 Did you know if SAYARI had ever presented a direct threat to U.S. Forces? A: Before the incident, not that I know of. Q: Before the 28th of August, had SAYARI ever presented a direct threat to any Special Forces unit? A: Before the incident, not as far as I know. 1,6-— Page 1, of '4 Pages tykrorm 2823 FOR OFFICIAL USE ONLY Exhibit: 6 6 9 DOD-DOACID000783 kg.:5-)b (9-5- 0 I 14-02-CID369 - Statement of SSGIMMIMIbtaken at Bagram Afehanistan, on 30 Sept 02, continued: Q: Do you know if any of the other local nationals with SAYARI, observed the shooting? A: Not that I know of. 47C-5,466-.5- Q. Near which hand of SAYA.RI was the AK-47 after he was dead and you saw SSA.11111p kicking it away? A. It was near his right hand on his right side. Q. Who checked SAYARI for signs of life? A. I don't lcnow. Q. How many rounds did you hear fired? A. Between 5 to 8 shots. Q. What was the position of SAYARI's body in relationship to the road? A. The road ran in a SW to NE direction and SAYARI's body was laying in a SE to NW west direction with his head facing towards the NW. He was face down about fotu- feet from where the hill started to rise. Q. What wou/c1 you do if a member of your team shot an unarmed captive/detainee? A. If he was unarmed and they were wrong. Then they were wrong. Turn 'ern in I guess. If it needed to be brought to attention, bring to attention. Q. Did you see the actual shooting? A. No. Q. Did anything about the shooting of SAYARI look odd to you? A. No. Q. Have you been involved in any shootings? A. Yes. We were fired upon by Al Qaeda fighters and we returned fire. Q. Were you ever involved in an incident similar to this one? A. No. Q. If SAYARI was shot and killed in cold blood, what should happen to the person(s) that shot him? A. Whatever the legal people feel fit to do. Q. if you had the say, what would you say should happen to them? A. They should be dealt with according to the law. Q: Is this statement is your own words and typed by this agent? A: Yes. Q: Do you h ve anything further to add to your statement? A: N. b7C:57,4 6-S- t-Or 57 firEfil6/1/1 A/JO Page 1 of Pages ITIALS DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: b 70 DOD-DOACID000784 7& 5 7 b. . 0114-02-CID369-2.S Statement of SSGAIIIIIIIIIPtaken at Baeram Airfield, Afehanistan, on 30 Sent 02, continued: 1,7c---57,6 6 -_5-.AFFIDAVIT I, SSGIIII=.1111111.11AVE READ OR HAD READ TO ME THIS STATEMENT WHICH BEGINS OF PAGE I AND ENDS ON PAGE S. I FULLY UNDERSTOOD THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORFtECTIONS AND HAVE ENTTIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE 1VIADE THIS STATEMEN'T FREELY VVITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, UT COERCION, UNLAWFUL INFLUENCE, OR UNLAVVFUL INDUCEMEN Pc-.4765/1,6 - 170/) G6-I of Person Making St ent) Subscribed and sworn to before me, a person authorized by law to administer oaths, this 30th day of September, 2002, at Bagram Airfield, Afghanistan 09354 74-/ (Signatu on Administering Oath) / fri SA 87th Military Police Detachment (CID) Bagram Airfield, Afghanistan APO AE 09354 (Name of Person Administering Oath) Article 136, UMC.1 (Authority to Administer Oaths) iLiori,b6- Page 4 of j Pages INITIALS Form 2823 FOR OFFICIAL USE ONLY Exhibit: 71 DOD-DOACID000785 .. 4, RIGHTS "4: ARNING PROCEDURE/WAIVER CERTIFCC . .:TE For use of this form, see AR 190-30: the proponent agency .s ODCSOPS DATA REQUIRED BY THE PRIVACY ACT AUTHORITY:rTitle 10, United States Code. Section 3012(g) )IRINC1PAL PURPOSE:rTo provide commanders and law enforcement officials with means by which information may be accurately identified. ROUTINE USES:rYour Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval. DISCLOSURE:rDisclosure of your Social Security Number is voluntary. -5"-- 76'9.166 1..LOCATION DATE 3.rTIMEr 4.rFILE NO. Bagram Airfield, Afghanistan, APO AE 09354 30 Sep 02 \17,;0% 0114-02-CID369 - 5. NAME (Lear, Firs:, Mil 10C:5-410 -5 B.rORGANIZATION OR ADDRESS 21 5 2- S INIMENIMMINOPEI Operational Detachment-Alpha 343/3rd Special Forces Group 6. SSNrt7e:5r-5---7. GRADE/STATUS Bagram Airfield, Afghanistan CPT/AD APO AE 09354 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 ArmyrCriminal Investigation Command As a Special A ent b7t-3-)/, G' wanted to question me about The following offensels1 of which I am siespectr Conspiracy and Murder/// Before ha/she asked me any questions about the offenselsl, 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.rAnything I say or do can be used as evidence against ma in a criminal trial. II. !For personnel subject °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 If durirrtg_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 ma. . 5:14 eth. ar (For crwhans nor subject ro the UCNkli I have the right to talk privately to a lawyer before, during, end 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, Of if I cannot afford a lawyer and want one, a lawyer will be appointed for ma before any questioning begins. i If I am now willing to discuss the offenseis) under investigation. with or without a lawyer present. I have a right to slap answering questions at any time, or speak privately with a lawyer belore answering further, even if I sign the waiver below.r1- i , .... =7" Cl ht,- .4--b7C'sD0 •5: pc-5,‘ -. 5.rCOMMENTS (Continue on reverse side) Rave you been advised of your legal rights within the last 30 days? o Do you currently have a lawyer? Section B. Waiverr 5- /1-FA(0 -I understand my rights as Stated abovrw willing to discuss the offensefs1 under investigation and make a statement wittmut talking to a lawyer first and without having a lawyer present with me.r . 5-b6 .3 006./ WITNESSES (If available) 3. , ., ;,47) Ally,. WEE ar h. ORGANIZATION ORADDRESS AND PFIONE V ATURE OF INV:.TIGATOR Sri 4in f-‘1 P:b E. -r----(Aefu)(cob) 74-/ bee, --¦ il-ed 4-ii_ 0 9 3 f I 2arNAME /Type or Print) 5. TYPEDr TOR b7c--/ 1)‘--/ b.rORGANIZATION OR ADDRESS AND PHONE 6. ORGANIZATIOrOF INVESTIGATOR 87th Military Police Det (CID), Bagram, Afghanistan, APO AE 09354 section C. Non-waiver 1rI do not want to give up my rights D.I wan( a lawyer. . I do not want to tre questioned or say anything _ SIGNATURE OF INTERV4EWEE STATEMENT OA FORM 2823; SUBSEQUENT L Y EXECUTED BY THE SUSPECT7ACCUSED ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN . P7 7 r uSAPA 2 EDITION OF NOV 84 IS OBSOLETE DA FORM 3881, NOV 89 7 DOD-DOACID000786 0114-02-CID369 - Sworn Statement LOCATION: Bagram Airfield, Afghanistan, APO AE 09354 DATE: 30 Sep 02 4745:4 6 '5 TIME: 12Z2_ zres-6.3— NAME RANK: CPT/Active ORGANIZATION: Operafional Detachment-Alpha 343, 3r4 Special Forces Group, Bagram Airfield, Afghanistan, APO AE 09354 I, CP want to make the following statement under oath: We had received informati n trCogal national was following our patrols out of Fire Base X-ip -5 Lwara. CW.na ga ered enough information to know that the individual was -Mohammed SAYARI, who was a local sub-elder. My unit had decided to attempt to detain SAYARI and uestion to him as to why he was following our pan-ols. On 28 Aug 02, CW2 atietlAt SAYAR1 was at the Fire Base, and the determination was made to 5W:5—attempt to detain him 0 I was to see if SAYARI would follow us. Upon his arrival, SFC got their equipment on and were getting ready to IIIIIIIIPSS. . move out. SSG.ommo NCO was originally supposed to go, but he had to do 701, U-5- something else, so decided to go. On our way u %pate, we saw CW2 talking with SAYARI. We told CW2 fiat we were moving out on a hot mission, which was the plan in order to fool SAYARI and see if he wa foll.cgri,,ng us. Some distance away from the Fire Base, we set up a roadblock. SS .—a-myself were tasked with setting up security. When SAYAR1 arrived, there were four other occupants in his vehicle, which we let go. could not see what was going on, u .vLminutes a er the.other local c-s. 46- nationals left, I heard shots from where SF and S-G.comilitrattaxling. I looked back to make sure everything was ok, and called out to SF .nrSG1111•11111111111, who both said everything was ok. After about a few minutes and 1 vi japH. eihat nobody going to approach our position, I moved back Alavyg0411¦PrartItgG.as. [— asl imarniyyjiat had happened:6g.G.sfke-a-SAYAR1 had att tp215..gi,o_sshoot SFC ,Mren he (SSGIIMIME6tad fired on SAYARLAIIT.ffien fired upon SAYARI until he was down on the ground. SSGOINIIIIpsai at SAYARI had been able to obtain his AK-47. I did not see much of the body whe cstiary came Qoxitpippsition, so I cannot say what injuries he had sustained. SFC . &turned 'rack to the Fire Base, because we could not get communications, and at that time notified Counter­intelligence to come tt. the scene. When CI arrived at the scene, I only saw the body a little bit more, but could not re)11y,tell his injuries. Q: SA 11111111MIP47C-. A: CPTINIIIIMP67e-s,-)hol On what date did this occur? A: 28 August 2002. Q: Did you cgInspire with your team members to shoot and kill Mohammed S.AYARI? A: No. ,47t."25‘-5 Page k. ori Pages NIT LS DA Form 2823 FOR OFFICIAL USE ONLY Exhibit:_ 7 73 DOD-DOACID000787 476-6- 4-s-6. 0114-02-CID369 Statement of CPT ken at Bagram Airfield, Afepanistan, on 30 Sept 02, continued: Q: Do you k.now if any of your team members wanted to shoot and kill SAYARI? A: No. Q: At any time, while your unit had SAYARI detained, did you see anything in his hands? A: No I could not see his hands. Q: Did you see SAYAR1 in possession of a weapon? A: No I did not. Q: Did the other local nationals within SAYARI's truck have any weapons? A: One of them was an AMF soldier, so I believe he had a weapon. Q: Did the other local nationals present any threat to you or your team members, or attempt to resist you.moving them away from the scene? A: No they did not. Q: After the shooting, were you able to see SAYARI's body? Can you describe? A: I saw what looked like a head wound and what appeared to be a center mass wound. Q: How was his body positioned? A: Face down and generally away from me when I arrived at the scene. Q: Where on his body was the center mass wound? A: I didn't go close enough to verify. Q: Did he have anything in his hands? A: I did not see anything at the time. Q: When did you see something in his hands? A: When I reviewed the pictures with Cl. Q: What did you see in his hands? A: I believe they were stress beads. Q: What happened with the weapon confiscated frorn SAYARI? A: After the shooting, it was put into one of our trucks and at some time brought back. to our Fire Base. I can only assume that it was destroyed. Q: What weapons did your team carry with them to the roadblock? A: We do carry AK-47's in order to appear to be local nationals when we are out on some of our patrols. The AK-47's were inside of our vehicles, but none of my tram members had them during this incident. My team members carried M-4's. Q: Mier CI arrived on the scene, what other injuries did you see on SAYARI's body? A: Nothing definite. I could see a head wound, which looked pretty bad, but I could not see anything else. Q: Did you ever tell any of your team members what to say to the Commander's Inquiry Investigating Officer? A: No I did not. Q: Did you ever tell any of your team members what to say to USACIDC? A: No I did not. Q: Did you willfully leave out any information. or withhold evidence to the Investigating Officer, or USACIDC? A: No I did not. Q: Did any of your tearn members mention. or state to you that they had lied to the Investigatinu Officer? 47C5— 6 -5- Page of Pages IT DA Form 22323 FOR OFFICIAL USE ONLY Exhibit: 7 74 DOD-DOACID000788 47606-3—. 0114-02-CID369 Statement of taken at Bagram Airfield, Afthanistan, on 30 Sept 02, continued: A: No they did not. Q: Did you ever tell any of the CI personnel not to download certain pictures to be presented to the Lrivestigating Officer? A: CI had taken all of the pictures and decided what pictures were to be downloaded. Q: Did you ever tell any of the CI personnel to download certain pictures and then delete all of the rest of the pictures on file? A: No I did not. They chose what pictures were to be downloaded. Q: Who was present when the pictures were downloaded? A: 1 only know his name wasillia¦Pc 3,14 Q: Prior to this incident, did you know if SAYAR1 had ever presented a direct threat to U.S. Forces? A: No. Q: Do you know if any of the other local nationals with SAYARL observed the shooting? A: I don't think so. Q: How long and how far away were the local nationals when the shooting occurred? A: Five minutes. They were about a couple hundred meters away. The road took a turn and a dip, and saw them go that way. Q: How much time transpired between the time you stopped SAYARI's vehicle, and when you heard the shooting? A: About 8-10 minutes. Q: Near which sidciof SAYARI was the AK-47 after he was dead? A: SSGAMMIIM4iticFd up the weapon and cleared it by the time I got up to the scene. Q: How many rounds did you hear fired? Al I heard about 4 or 5 shots, but after counting the brass on the ground. we counted about 1 -12_ x-pt rounds. That kind of suirprised us about how many rounds were actually fired. SFC SSOMMINIIIIM-ifrikrrn that they did riot realize that they had fired that many rounds. Q: What was the position of SAYARI's body in relationship to the road? A: Laying on the side of the road. His head was facing away from me. I vvould say that he was at an angle from the road. Q: Did you see the actual shooting? A: No. Q: Did anything about the shooting of SAYARI look odd to you? A. No. Q: Have you been involved in arty shootings? A: Yes. While attempting to detain al Qaeda fighters we were fired upon. I was with the middle team, and did not fire, but saw the front team fire. Q: Were you ever involved in an incident similar to this one? A: Nothing like it. Q: Is this statement is your own words and typed by this a2ent? A. \("Q----4111111. Xe.4-3- Q: Do you have anything further to add to y.our statement? A: N).\. OF-.G.OWa-5-, 7 c-5:3- Page 3 of Pages INiTtAL DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: .7 75 DOD-DOACID000789 iLontirturedi u:e. -gt... 11 s1,1 aitiphir A - 0T--.5-1-"----f-Nely\JT AFFIDAVIT I, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MACE 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 WITH• HOPE OF BENEFIT OR REWARD ITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION. UNLAWFUL INFLUENCE UNLAWFUL IND EMENT ,474 6-5- (Signature of Person a mg Subscribed and sworn to before me, a person authorized by law to WITNESSES' admin ister oaths, this `, 4.-LP .day oi rLA--..e...r 01_ at A705,46 ORGANIZATION OR ADDRESS o erson Administer-Jog Oath' (Typed Name of Person Adrmn!slering 0a7h) ORGANIZATION OR ADDRESS. IAPthorrry To Admin,srer Oaths! :NiTIALS OF PERSON M INGSTATEMENT PAGE.OF.PAGES USAPPC v? D 76 DOD-DOACID000790 Pe-7,5:.2 .5-: 0114-02-CW369 -a35 Statement of CPT taken at Ba ram Airfield Af hanistan on 30 Se t 02 continued: A 6- 5-.AFFIDAVIT I, CPT , HAVE READ OR HAD READ TO ME THIS STATEIVIENT WHICH BEGINS OF PAGE 1 AND ENDS ON PAGE 3 . I FULLY UNDERSTOOD THE CONTENTS OF THE ENTIRE STATEMENT THADE BY ME. THE STATEMENT IS TRUE. I HAVE INTTIALED ALL CORRECTIONS AND HAVE 'INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. HAVE MADE THIS STATEM"ENT FREELY VVITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISH1VIENT, WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT1111111b1.7.06.s ,67C-s pc-06 -/ ign mcr0 Subscribed and sworn to before me, a person authorized by law to ice De.D).administer oaths, this 30th day of September, 2002, at Bagram Airfield, Afg 0 AE 09354 70/i66-/ (Signa nistering Oath) SA 87th Mditary Po tce etac mem (CID) Bagram Airfield, Afghanistan APO AE 09354 (Name of Person Administering Oath) Article 136, UMC.I (Authority to Administer Oaths) pc5AL 6-5 11111.014As__ Page.of.Pages DA A S Form 2823. FOR OFFICIAL USE ONLY Exhibit: 7_ 77 DOD-DOACID000791 RIGHTS' . i. ARNING PROCEDURE/WAIVER CERTIF10‘7I For use of this form, see AR 190-30; the proponent agency is OOCSOPS DATA REQUIRED BY THE PRIVACY ACT AUTHORITY: Title 10, United States Code, Section 3012191 )RINCIPAL 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 at identification to facilitate filing and retrieval, DISCLOSURE: Disclosure of your Social Security Number is voluntary. 4765A66-6- I.LOCATION 2..DATE 3..TIME 4..FILE NO. Bagram Airfield, Afghanistan, APO AE 09354 30 Sep 02 I4-02-CID369 AT 5. NAME (Last, First. MI) B..ORGANIZATION OR ADDRESS. 2,39-7-5-11....11111.3ihrc 1176.1,-4. 6-5 Operational Detachment-Alpha 343, 3rd Special Forces Group 6. SSN 7. GRADE/STATUS Bagram Airfield, Afghanistan SFC/AD APO AE 09354 PART I -RIGHTS WAIVER/NON-WAIVER CERTIFICATE Section A. Rights The investigator whose name appear spoow.tad me that hershe is with the United States Army.Criminal Investigation Command As-a Special.ent 6)C-s) bi-.s and wanted to question me about the following offense/91 of which i am sus,- pecte. Conspiracy and Murder/// .. Before hafshe asked me any questions about the offenselsi, 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 tnal. 3. (For personnel subject oche UCMJ:I have the right to talk privately to a lawyer before, during, and after questioning end 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. 5.054;parh. • 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 row willing to discuss the offensels) 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. 67C-Slible"'_S-- Aitsd 4 • 5': Aiii4-5 5..COMMENTS (Continue art reverse sfdel Have you been advised of your legal rights within the last 30 days? fa PI.Do you currently have a lawyer? Section B. Waiver 1 understand my rights as stated above. I am now willing to discuss the offensefsl under investigation and make a statement without talking to a lawyer first and without having a lawyer present with rne. . - 6TC-1): 3..SIGNATURE OF INTERVIEWEEWITNE 1 a..NAME (Type or Print" s 4 -7e Yi i54-/ b..ORGANIZATION OR AD.ESS AND HO E 4.rSI 87th Military Police Det (CID) 7 -14 6 - / 2a..NAME (7" e or Print 5,:v: OR S. 7C-I) a-/ b..ORGANIZATIO 6..ORGANIZATION OF INVESTIGATOR 87th Military Police Det (CID), Bagram, Afghanistan, 87th Military Police Det (CID), Bagram, Afghanistan, APO AE 09354 APO AE 09354 SectionC. Nowaiyer A704-04.-r i ll pt want to give up my rights n.I do not want to he questioned or say anything.I want a lawyer. 47C-/-h 6-5: _ SIGNATU -„.-.-.•.FORM 28231 SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED AT... ...A,. r . LISA IA EDITION Of NOV 94 IS OBSOLETE DA FORM 3881, NOV 89 9 DOD-DOACID000792 -:*J1fli1G PROCEDURE/WAIVER CERTIFr'? E RIGHTS'. 1 Fot use of thrs forrn. sea AR 190-30; the proponent agency rs ODCSORS DATA REQUIRED BY THE PRIVACY ACT AUTHORITY: Trtle 10, United States Code, Section 3012IgF ?RINCIPAL PURPOSE: To provide commanders and law enforcement officiais with means by which information may be accurately identified ROUTINE USES: Your Social Security Number is used as an additionalialtemaie means of identification to faciiitate filing and retrieval. DISCLOSURE: Disclosure ot your Social Security Number is voluntary. Afr5 6.5 I. LOCATION DATE 3..TIM 4.FILE NO Bagrarn Airfield, Afghanistan, APO AE 09354 30 Sep 02 0114-02-CID369 cx7 5..NAME (Last, First, mok,76-525 B..ORGANI2.ATION OF1 ADDRESS. -Z. 3 5-z-5-- Operational Detachment-Alpha 343, 3rd Special Forces Group e. SSNr4-5 6,5-Bagram Airfield, Afghanistan 7.ADE/STATUS APO AE 09354NeC/AD PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE Section A. Rights The investigator whose name appears belnx.r told ma that hershe is with the United States Army Criminal Investigation Command As a S cia) A ent C.•.-and wanted to question me about the following offensals1 of which I am su-specte. Conspiracy and Murder/if Before heishe asked me any quashons ab011i the oftensailst. however, he/she made rt c/eer TO me that I hive Me fisillOwlng nghtSr 1. I do not have to answer any question OF say anything, 2.Anything I sey or do can be used as evidence against me in a criminal Mal. r.. (For personnel subject ofhe UCMJ r have the right to talk privately to a lawyer before, during. and atter questioning end to have ai /rimier present with me during questioning. This lawyer can be a civilian lawyer I arrange tor at no expense to the Government or a military lawyer detailed fof me et no expense to me. —. or both. OF /For civilians not subjecz ro rhe UCMJ1 I have the right to talk privately to a lawyer before, during, and atter ctuaStiOrtinq and tO have a lawyer present with me during questioning I understand that this lawyer can be one that strange tor at my own exOense, or a I cannot afford a lawyer and want one, a lawyer WM be appointed TS.' me before any questioning begins I am now willing to drscuss the oftensels1 uncle, investigation, with cc wahost a lawyer present, I have a right to stop answering questions at any time. or speak privately with a lawyer before ansWering further, oven if sign the waiver below . . 7c-,5264ts- 416:5--5-1 44:66-5- 5..COMMENTS (Continue on reverse side) Have you been advised of your legal rights within the last 30 days? Do you currently have a lawyer? Section B. Waiver a i understand my rights as stated above. I am now willing to discuss the offensels) under investigation and make a statement without talking to lawyer first and without having a lawyer present with me. WIT SIGNATURE OF INTERVIEWEE Air/ b.. ORGANIZATION OR ADDRESS AND 87th Military Police Det (CID) 47e 6 -/ 2a,:Al TOR • i2,74;YI kir/ b.ORGANIZATION OR ADDRESS AND RHONE S.ORGANtZATION OR INVESTIGATOR irth Military Police Det (CID), Bagram, Afghanistan. ral Military Police Del (CID), Bagral Afghanistan, APO AE 09354 APO AE 09354 Section e y iver e 1. ot to give up my rights I wan, .4044. rj.I do not want to he questIoned or say anything G.INTEFIvl WEE -• AT.H THIS WAIVER CERTIFICATE TO ANY SWORN SrATEMENT OA FORM 2623/ SuBSEOUENTLY EXECUTED BY THE SUSFECT#ACCUSED 1A FC3RNI 3881, NOV 89 EOST101,5 Of NOV BA SS OBSC&ETE U%A.PA. 2 017 9 DOD-DOACID000793 0 114-02-CID369-23.525 Sworn Statement LOCATION: Bagram Airfield, Afghanistan, APO AE 09354 DATE: 1 Oct 02 4741-5..)/36'5-TIME: ipiz ,E6x.:5,/h 6 *S-NAME SSAN:11111=r1Z6- RANK: CW2/Active ORGANIZATION: Operational Detachment-Alpha, 2/3rd Special Force Group, Bagram Airfield, Afghanistan,' APO AE 09354 I, CW2i s, want to make the following statement under oath: My unit had information that a local national was following our patrols. I was able to gather intelligence arid identify the individual as Mohammed SAYARI. I was also able to gather a description and what kind of vehicle he drove. On 28 Aug 02, he arrived at our Fire Base and asked if we wanted to rent a truck. I told him we did not want to rent one at present, but asked if he could come back later on. I informed my team, and the plan was to see if SAYARI would follow the patrol, and if so, to stop him and ask him why he was following our patrols. Just after SAYARI arrived, which was about 1030Z, we launched two government vehicles in the rouse that they were going out on..9.0. SAY.statIthat he had to go, and left the base. b $.,--- About 1100Z, SF'. retume to the tire tiase and informed me about the shooting. SPINIER/I/also t ed in SAYARI's AK-47. I am not sure what happened to SAYARI's weapon. We contacted Counter-Intelligence, and along with them and the Afghan Military Forces Commander, I went to the scene. Upon my arrival, I saw SAYARI lying on the ground with what appeared to be a head wound. I cannot remember what exact position his body was in. The Cl examined the scene, took some photos and notes. I coordinated with the AMF Commander, who made arraignments to have SAY.' 14 body tumed over to his family. When I spoke with the AMF Commander„ e s ated that SAYARI was a thug in the area and had been extorting money from the local people. SAYARI had killed a local tribal member in Mar.arid was living in Lwara for fear of retribution. Q: S.1,7C-b6-1 A: Q: Did any of your team members conspire to kill SAYARI? A: No. Q: Do you know if any of your team members had murdered SAYARI? A: No they did not. Q: Did anything seem odd to you about the shooting? A: No. Q: When you arrived on the scene, did you see anything in SAYARI's hands? A: No, could not see..7L -S,6 -5- Q: Did you know if CPT.old CI what pictures to download to be presented to the Commander's Inquiry Investigating Officer? A: I have no idea. Q: Did you see the photos which CI had taken? 47c'3;h& Page 1 of2 Pages INITIALS FOR OFFICIAL USE ONLY. Exhibit: .DA Form 2823. 80 DOD-DOACID000794 i703/h,t3_ Ol 14-02-CID369-23525 Statement of CW2111.111111111.111rtaken at Bagram Airfield, Afghanistan. on 1 Oct 02, continued: A: No I never saw the photos. We were informed prior to coming into the country, that any photos we had of Afghani's that were either blindfolded, captured, shot, or dead, were to be reviewed for intelligence purposes. After the photos were reviewed and whatever information gathered from them, that we were not allowed to hold on to the photos. Q: Why were you not allowed to hold on to them? A: It was not meant to cover-up any situations we were involved in, it was meant to insure that nothing was construed from the photos. And also that no photos were to end up being sent by email, or end up e2,ewspaper or as azine. '3744 say that SAYARI's hands were over his head? Q: Did SSG_r SFC_r sa A: No they did not. They said that while they were shooting him, his body turned and then fell on the ground. Q: Prior to this incident what contact did you have with SAYARI? A: Prior to our arrival to Lwara, SAYARI had set up a checkpoint near where the Fire Base was. He used the checkpoint in order to extort money from the local people. SAYARI was considered a sub-elder. Many of the eiders did not like him, but respected him because he always had some security with him. When we arrived, we essentially knocked down his checkpoint, and he tried to get any jobs on the installation, which we refused. I had spoken with him several times, whenever he tried to get a job on post. On the day of the incident, he was trying to rent us a truck. Q: Describe how you came to know that it was SAYARI that was following your patrols? A: We had heard information that somebody was following some of our patrols, but we did not know who it was. A few weeks prior to the incident, ¦loWtold me that SAYARI was the one that was following our patrols, but that he currently was not in the area. Up until the morning of the incident, none of my unit members knew about SAYARJ. On the 28` h, SAYARJ came up to our compound, at which time I informed my team. Q: Did you ever find out why SAYARI was following your patrols? A:_ ad informed me that it was to inform personnel, whether it be Taliban or al- Quaeda. that we were coming. An early warning for them. Q: Is this statement in your own words and typed by this agent? A: Yes. Q: Do you have anything further to add to your statement? A: No. MEnd of Statement1/~47C-3) /7e-CAS ‘• -)_3 Page of Pages 1111iV-- DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: IC 81 DOD-DOACID000795 iiespt 01 . 14-02-CID369-23525 Statement of CW2 11111111111111.1raken at BaEram Airfield, Afghanistan, on I Oct 02, continued: AFFIDAVIT I, CW2_ , HAVE READ OR HAD READ TO ME THIS STATEMENT WHICH BEGINS OF PAGE I AND ENDS ON PAGE 3. I FULLY UNDERSTOOD THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT._ 763/16,-5 WITNESSES:_ (Signature of Person Making tatement) Subscribed and sworn to before me, a person authorized by law to administer omits', this 306 day of September, 2002, at Bag ram Airfield, AfghanistanlAE 09354 676-11 1,6--/ (Signature of 'e n Administering Oath) SA 87th Military Police Detachment (DO) Bagram Airfield, Afghanistan APO AE 09354 (Name of Persan Administering, Oath) Article 136, UMCJ (Authority to Administer Oaths) Page 3 of 3 Pages MI" DA Form 2823_ FOR OFFICIAL USE ONLY Exhibit: 10 82 DOD-DOACID000796 0114-02-C1D369-23525 Sworn Statement LOCATION: Bagram Airfield, Afghanistan, APO AE 09354 DATE: 2 Oct 02 04:66.v TIME: PAOC) Z_ allir NAME:111111.11111111.11P1K-v/6i-91 SSAN11111111¦11111Pirti; RANK: SPC/Active ORGANIZATION: A Company, 519th Military Intelligence Battalion, Bagram Airfield, Afghanistan, APO AE 09354 A- I, SPl wantAVlke the following statement under oath: 4,7e .A id,__I On the first day of work at FB Lwaxa, _ 11111111111rand myself were discussing a c ati ty change ange over, in a tent within the compound on FB Lwara whey} Chief_,'ODX343's team Chief came to the tent we were in. ChiefIIIIII,Ifaka something serious had_e eif, been shot. He then asked if we would come and take a look at the body_ an myself all rode in a Nissan pickup truck down to the location of the shooting. The shooting had taken place about 1500m to the south, from the Fire Base, in a riverbed, one of the common roads in the area. When we arrived at the shooting site ODA 343 had set up a security perimeter around the body. The man was approximately 72" tall and weighed approximately 1451bs he had dark brown to black hair slightly curly, with the same colored mustache. The man was lying in a face down position with his legs slightly bent. The man's right arm was extended above his head on the ground with a set of prayer beads clenched in his closed fist. Photographs were taken, and I conducted a full search of the body. During the search I found many various things to include three small bottles of cologne, a wooden toothbrush, a hair comb, a few small pieces of paper, a mirror, and an undetermined amount of Pakistani rupees. The man was wearing a white knee length shirt, a dark red vest and a white pair of pants, common clothing in the area. The man wore a wristwatch on his left hand, and a pair of sandals. Also at the shooting location was the dead mans vehicle. The vehicle was a slate blue, or gray Hilux pickup truck. The vehicle was also searched although nothing of value was found. After completing the vehicle search approximately ten AMF soldiers who work at FB Lwara to include their commander, came to the shooting location. The commander was X1,1, -5- 4,6 - iiiirii?(nelsejs of the dead man's tribe in order for them to retrieve the bodyasked to inf (N) ITNere team members from ODA 343 who had shot the man. When asked to FI and exp_eqieAed: pents leading up to the shooting, they explained what had happened. an'_said that ffie man had been following them as they left the FB for a patrol. They stated that this was not the first time this man had been seen following them, and that he was wanted for questioning. They had set up a vehicle checkpoint, and when the vehicle was stopped, they had removed the man wanted for questioning from thpl igy dally_yed the other three passengers to proceed down the river bed on foot.1111111.tanlttey had removed an AK47 from the vehicle and placed both the man and the weapon against hi l l, aspr to the location of where the body of the man was found. They stated that whentuinect is back in order to radio in a re ort 6 .¦vh.g.i .y.as happening, the man got the AK47 from the bank and was aiming it at iretf at the man and hit him in the lower abdomen or in the 46 awe Page 1 of S Pages NI ALS -- DA Form 2823l FOR OFFICIAL USE ONLY Exhibit: I 83 DOD-DOACID000797 • 67G-V/ 0114-02-CID369-23525 Statement of SPC 1,11111.1aptaken at Bagram Airfield, Afghanistan, on 2 Oct 02, continued: upper hip.% ot9iclily turned to see the man still standing and tired at the man several times. anc_tatioi at the man then fell to the ground dead. When asked where the t3hey said that it had been taken to the FB. No weapon was ver seen by or myself at or near the location of the body. After questioning andinir t y was then placed in the back of his Hilux, and driven back to FB Lwara where fingerprints were taken. A short time later the tribal elders arrived to remove the body from FB Lwara. Upon arrival of the elders at the lig id of _saddened by the death of one of there tribe members, in fact they thanked or scooting the man. It was later determined that the man that was killed was considered a bad man within the tribe. The tribal elders claimed that the man had previously been banned from returning to his original tribe because he had murdere many of his fellow tribesmen. Q SAIMMOP C tri "V A SPC MeV Q The man that was killed was his name SAYARI? A Yes.votb6:5-676543 - Q DidllibrIalever tell you what hand SAYARI had his weapon in? A Nothrzedicl Ro6t.3.— Q Impgtae-d'ire was the first person to shoot SAYARI. correct? A Correct=had his back to him. Q Did_tell _where he hit SAYARI? Norrav-S A Q Mteyou where else he hit SAYARI? Did.„„P_6F" 3 A No he did not. We didn't ask any of these questions at that time, because we didn't think the shooting was odd. But, after viewing the photos, we noticed that SAYARI had brain matter on his right arm and was also clenching a set of prayer beads in his right hand. _h ught that odd c-5,56 since it was stated that SAYARI had picked up his AK47. We did not as _or_further questions, because we sent our photos up higher to be analyzed. Q: Who else saw the photos? A: The Commander and other members of ODA 343 had seen then, as well as _and I. Q: What were the comments from the members of ODA 343 when viewing the photos? A: Pretty much "we did a good job with that guy, because he pointed a weapon at us", that sort of thing was said. Q: Did anyone comment about the brain matter on SAYARI's sleeve or the prayer beads in his hand s? 1 7054 6-3 A: No./Wand I never br except between us. Q: How did you and_eeT atta7eeing the brain matter and prayer beads? A: I was sent up to Bagram with all of the evidence and pictures. We are not trained on this matter, but we found it suspicious, and that is why I hand-carried the items to Bagram. Q: How many photos were taken at the scene? A: I am not sure. Q: Did any of the SF personnel, at the scene te11you2.hat pictures not to take?pc.f,,i6T- in especially...legs iiii6rabout the shooting_had also A: No. The team of 343, commented that he felt that the Detention Facility was not keeping suspects long enough. An bC6 - Pagelof 5 Pages DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: I I 84 DOD-DOACID000798 467C -Y/4 . 0114-02-C1D369-23525 Statement of SPC11.11.111.taken at Bagram Airfield, Afghanistan, on 2 Oct 02, continued: Afghan in particular who was making timing devices for rockets to fire at our Fire Base was sent back to Lwarilp_the Detention Facility for three weeks. Q: How was_ifsetiat;tif the shooting? A: He was saddened about the shooting. But, he was mad that the Government was investigating the shooting. Q: Who ad se the photos and thought that they were odd? Alti3 Q: Did_0_ver say that SAYARI had his hands over his head? A: No. Q: Did anyone in your unit, in Bagram comment on the photos? A: No. • When I came back to Bagram I turned them over to the Detention Facility in order to be turned over to SSAIIIIMPPOc.4!)",5,74-5,46.6- 5 _ Q7 /.66..3 Q: Did you overhear, or know of, CF111111111111111., the ODA Commander, instructinglirto delete certain pictures and not to present them to the Commander's In krx livsstigating Officer? A: No I never heard of this. I knew something was wrong when _aoriold me to take the pictures to Bagram myself and not send them through distribution, or to drop them off at CJSOTF. Q: Did you know of any qtk.fopiaander's Inquiry Investigation looking into other shootings? A: No. I know thatIIIIIIPEas stiot someone else prior to this. Q: Do you know when the other shooting occurred? A: No I do not know the date. Q: Do you recall the circumstances behind the other shooting? • A: No I do not know. Q: Did any of the members of ODA 343 threaten you? A: No one had threatened me. Although I was asked many probing questions about the L7 -5.-0415.- investigation by_ Q: What di_ay . A: When ODA 343 and myself were recalled back to Bagram, the general consensus of the team was that the shooting incident was no big d5S.,,.gritthal_the team might get an ass-chewing from the CG and then sent back to the USIIIIIIKaa asre reme how serious was the investigation, or how serious did it seem. He also commented that if they were going to do something to him, then they would have escorted him back to Bagram when he was initially interviewed by the Investigating Officer. Q: Did you feel threatened by the members of ODA 343? A: No._‘5,7C.L.C446,-S- alliallirtated in his statement that CI had made the determination which photos were to be sent to the Investigating Officer and what photos west: to be deleted. Do you know if this is true? Q: CPT _ A: There may have been photos that were taken at the seerlZatxre messed up, such as, not enough light, too much light, a shot of the dirt. ect allIPSad pnea me aside and tc .d me that there was an investigation going on and that the disk that he gave to me needed to be taken to Bagram. He had a sense that many people on the Fire B notwant all of the_tysAte ie el63sent to Bagram. was not there when CPTlhad di scussed withilliron fiat - A676r9.66". 3 Page 4) of ' Pages _— !' DA Form 2823l FOR OFFICIAL USE ONLY Exhibit: I 85 DO D-DOACI D000799 h (9-y 0I14-02-C1D369-23525 Statement of SPC1111111.1Witaken at Bagram Airfield, Afghanistan, on 2 Oct 02, continued: photos to give to the investigating Officer, and I was not on the Fire Base when the Investigating Officer was there. Q: How soon after the incident did you come back to Bagram with the photos? e A: About tw2 wtafter the incident is when I returned back to Bagram. 7C3) Q: DiallMer ever I you that he was threatened? A: No. ,4,764b6. Q: Didellelever tell you that he felt threatened? A: No. Although, his departure from Fire Base Lwara was kind of unexpected. I kind of suspected that the reason vilay was because of this incident. I was asked several times by several persons where was 6_i ccs it ented that he had to go back to Bagram in order to take care of personal problems. Q: Howdo you feel about the shooting? A: Pretty impartial. He didn't point the weapon at me. Q: After being with ODA 343 for awhile, do you believe that any members had murdered SAYARI? A: I had no indications that they ha _A.Vi.kpiere were a few things, which were odd, such as the elders thanking_or Aooring SAYARI. I was there at the time and overheard the elders thanking the SF team for shooting SAYARI. Q: Did you overhear any persons say that they felt the shooting was wrong? A: No, I know that the ODA teams were very tight lipped. Q: Do you know if the team members of ODA 343, knew the individual following the patrols was SAYARI? A: I know that they knew the description of the person and the vehicle, but I don't know if they knew that it was SAYARI, by name. Q: Is this statement in your own words? A: VeSalt~47c-a, 6-e/ Q: Do you ave anything further to add to our statement? A: h‘b 6 unci ok 5 4-rk k_47c1,6 6 - al,S DA Form 2823l Page 4-1 oflPages FOR OFFICIAL USE ONLYlExhibit: I 86 DOD-DOACID000800 7a9) 64-9 C 0114-02-C1D369-23525 Statement of SPCl taken at Bagram Airfield, Afghanistan, on 2 Oct 02, continued: 7c--7CAFFIDAVIT I, SPCl HAVE READ OR HAD READ TO ME THIS STATEMENT WHICH BEGINS OF PAGE 1 AND ENDS ON PAGE 5. I FULLY UNDERSTOOD THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. Slost WITNESSES: (Signature of Person Making taternen Malang Subscribed and sworn to before me, a person authorized by law to administer oaths, this 2'1 day or October, MU, at Bagram Airfield, Afghani!l-+ _ 9 7611 6 -/ rrunistaing Oath) S 87th Military Police Detachment (CID) Bagram Airfield, Afghanistan APO AE 09354 (Name of Person Administering Oath) Article 136, UMCJ (Authority to Administer Oaths) Page 5 of_Pages INITIALS BA Form 2823 FOR OFFICIAL USE ONLY Exhibit:l1 87 DOD-DOACID000801 0114-02-CID369 Sworn Statement V LOCATION: Bagram Airfield, Afghanistan, APO AE 09354 ALIDATE: 2 October 2046faiS 6 -4e-TIME: /24/7201... AMEMIWIMP,7c-C/1 h6-19 SAN I 76-2. K. e.-,/ RANK: SSG / E-6 RGANIZATION: , Bagram Airfield, Afghanistan, APO AE 09354 9 7C,401,01,l , want to make the following statement under oath: On the same day of the shooting of SAYARI we had a team meeting after the shooting when everyone returned back to the fire base. It was in the evening some time that we had a Team AAR in reference to the shooting in the Team Op e i t .D R it wa.) on out in reference to the days events that the team (CP _ UrgAned jz-52a-S--information that there was intelligence that SAYARI had put a hit out on Chief1111/11/11/ and that he was following the team on missions. The team as mentioned above was assembled to conduct a vehicle stop on SAYARI. The plan was to stop him and have the interpreters come and talk to him. The team got the vehicle stopped, 2 of the team members were sent out on security and the rest of the team got everyone out of the vehicle. They checke 2 .10 veiele and the people and then sent the _ossibly 4) vehicle occupants away. _as Alfing back Pic toward the vehicle_thatdifize, s ding in the .50 caliber gun turret. That is wheinSI YARI -s A4-3- grabbed his AK 47 an_ire_o shots to the abdomen of AY __and then _urn and fired a good number of rounds unknown how many. _grFka el that he fired again and A 'ba 7C 6--C- the la t rlit SAYARI in t iiiim /Mr _ri_ rmation was put out during the AAR by, 7c1-5)./G-5-_ Chie_ ,CPT_nd_ 7C-/) 64-/ : SSGIENNINSP676- y, 66-e-/ Q: Is this statement in your own words and typed by this agent? A: Yes. Q: Do you have anything further to add to your statement? A: No.///END OF STATEMENT// 46-4/ Page ) of 2Pages OP' iNiTIALS DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: f"2\ 88 DOD-DOACID0008O2 0114-02-C1D369 -2352 5 Statement of taken at Baaram Airfield, Afghanistan, on 2 October 02, continued: Pr ATery .66.9l AFFIDAVIT ommilimmrHAVE READ OR HAD READ TO ME THIS STATEMENT WHICH BEGINS OF PAGE 1 AND ENDS ON PAGE 2. I FULLY UNDERSTOOD THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.l 1,76Y i 6,1 WITNESSES: attire of Person Making atement} Subscribed and sworn to before me, a person authorized by taw to administer oaths, this 2nd day ofloar, 002, at Bagram Airfield, Afgh ' to AE, 09354 (Signature of Person Admtaring a 1.76.1 be SA 87th Military Policelhment (CID) Bagram Airfield, Afghanistan APO AE 09354 (Name of Person Administering Oath) Article 136, UMCJ (Authority to Administer Oaths) Page 2. oflPages IA LS ll DA Form 2823 FOR OFFICIAL USE ONLY Exhibit: I 89 DOD-DOACID000803 1p1 -C. 2---) e) 3 6_ 2 3 -2_ a , /.• 90 DOD-DOACID000804 RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE AuTHoRnrk:_Title lfi, United States Code, Section 3612(g) PRINCIPLE PURPOSE:lTo provide commanders and law enforcement officials with means by which information may be accurately identified. l ROUTINE USES: Your Social Security is used as no addidoaallalternative means of identiiication to facilitate filing and retrieval. DISCLOSURE:lDisclosure of your Social Security Number is voluntary. LOCATION: BAGRAM AIRFIELD, AFGHANISTAN DATE: 6 Oct o7 FILE NUMBER: 0I 14-02-CID369-5111A — Z 3 S z .9" 6:-.5b NAME 111111011.1111.1111111.111.P ORGANIZATION 012ADDRESS: 3 SPECIAL FORCES GRP, BAGRAM AIRFIELD AFGHANISTAN, APO AE 09311. 17L-5) 4-5 RIGHTS WAIVER/NON-WAIVER CERTIFICATE The investigator whose name appears below told me that he is with the United States Army Criminal Investigation Comrnan as a Special Agent and wanted to question me about the following offense(s) of which I am suspected/ ed: CONSPIRACY; MURDER; OBSTRUCTION OF JUSTICE; ACCESSORY AFTER THE ACT. Before he asked me any questions about the offense(s), however, he made it clear to me that I have the following rights: I. I do not have to answer 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. or laps not subject to the UCMJ) I have the right to talk privately to a lawyer before, during, and after estiotg 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 the 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: 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. • 447C- Wi 1 1 .371.1 77aNtalltIT Signature of finery iewe enia=1111-MNIVILIIIREPP-amrew Witness 2 Signature of Wimess 7L-/, It MP Det CID Fort Hood, TX 76544 67e-1 NON-W R CERTIFICATE I do not want to give up m do not want to be questioned or say anything:,, Ci5 I. C ( (2 ( \ (YAM",_ Signature of Interviewe h/G:fi DA Form 3881-E 6 -5 FOR OFFICIAL USE ONLY iq-.91 DOD-DOACID000805 RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE AUTHORITY: Title 1.0, United States Code, Section 3012(g) PRINCIPLE PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified. ROIrTiNE USES: Your Social Security is used as an additional/alternative means of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your Social Security Number is voluntary. LOCATION: BAGRAM AIRFIELD, AFGHANISTAN DATE 6 Ocle721-ImE: FILE NUMBER: 0114-02-CID369-5H1A 2 35-2 5") NAME iffiliffillIMSGAIIIIIIMPhlaP4 ORGARTZATION OICADDRESS: 3 SPECIAL FORCES GRP. BAGRAM AIRFIELD AFGHANISTAN. APO AE 09311. pc-5) 66-_s RIGHTS WAIVERJNON-WAIVER CERTIFICATE The investigator whose name appears below told me that he is with the United States Army Criminal Investigation Command as a Special Agent and wanted to question me about the following offense(s) of which I am suspecte a d: CONSPIRACY; MURDER; Before he ked me any questions about the offense(s), however, he made it clear to me that I have the following rights: I . I do not have to answer 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. - or civilians not subject to the UCMJ) I have the right to taik privately to a lawyer before, during, and after and to have a lawyer present with me during questioning. I understand that this lawyer can be one that I arrange for_y 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 the 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: I understand my rights as stated above. am now willing to discuss the offense(s) under investigation and make a statement without talking to a lawyer first and without having a la_ 74'3'1,6 - 41/ Witness 2 Signature of Wimess I th MP Det Fort Hood, TX 76544 PIC:_ON-WAIVE CERTIFICATE I do not want to dive up my r_ I do not want to be questioned or say anythin Sifmature of Interviewee: DA Form 3881-E FOR OFFICIAL USE ONLY .92 ry,, 1 .5- DOD-DOACID000806 SWORN STATEMENT File Number : 0114-02-CID369-23525-5H1A Location. : Camp Stronghold Free m, APO AE 09311 Date.: 09 Oct 200 1sr be, #CTime: 1735 Statement Of: SSN.:10111MIIMMINVAS7C.Grade/Status: E7/SFC Org/Address : A CO, 519TH MI BN, FORT BRAGG, NC 28310 ._ ---------------- - - WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: About 29 Aug 02, I was transferred to Fire Base (FB) Lwara from Bagram Airfield in order to, operate as the FB Lwara CI SAIC. I arrived approximately 1400 hrs local and was orienting myself to the fire base. Approximately 1530 hrs, I believe.1,4;":5- came to the tent I was in and said that he needed the CI team to respond to a shooting incident that had just.d. I p. believe the first thing said was by.s to the effect of "not again.A.y elf, and.e tthe team that just arrived, and.and.name unknown [LNU]) the team we were replacingsliglisampWiltigs the shooting scene. We were led by, I believe,.'location that was approximately a quarter of a mile south of the FB. On arrival, I noticed several US Special Forces (USSF) soldiers set in a defensive perimeter securing the scene. There were approximately 2 or 3 GMV's and a gray 4 door Toyota Hilux. One of the GMV's was located close to a small hill that was on the inside turn of the river to the north of the body and was at a blind spot that couldn't be seen from the FB or from either direction of the river bed. One GMV, T believe, was on the east side of the river close to the vertical embankment and had approximately 2 USSF standing near the front of it. A Hilux was on the opposite side of the river bed and was oriented south with 1 USSR soldier standing next to it and it was approximately 25 to 30 feet south of the body. The other GMV was parked on the same side of the river bed as the Hilux and was 10 or 15 feet north and to the left of the Hilux. The vehicle we traveled in was initially parked to the north of the body, but was moved in order to block the view of the locals traveling on the road. The river, also used as a road by the local people, was approximately 10 meters wide with a vertical embankment on the east side and a steep embankment on the west side. The part of the river in which we were located formed a bend to the west, and on the west or north west side of the river was a gradual slope where silt and sand had been deposited that eventually rose to a hill. On this slope, approximately 10 to 15 feet from the west edge of the river, was a body laying prone with the head turned to the right. His feet were closest to the river, and his head was closest to the steep embankment. His right hand and arm were near his head and in his right hand, clenched in a fist, were prayer beads. His left arm was at his side and his legs were generally straight. It was obvious that the man was dead. There was massive trauma to his head that appeared to be the exit wound caused by a bullet. Covering his right forearm and on the ground on both sides of his forearm. was material that included brain matter, skull fragments, and hair. All of which came from the head wound. This splatter pattern, I felt, was consistent with the person laying in the prone and the bullet path coming from an angle that was slightly behind and from the left side of the body. Additionally, I noticed approximately 5 small bullet Exhibit:.INITIALS.h76-7/) b$/ PAGE 1 OF 6 FOR OFFICIAL USE ONLY cx4,17)-fr I b DOD-DOACID000807 47cg 6 .Y.0114-02-C1D369-23525-5H1A STATEMENT OF TAKEN AT Camp Stronghold Freedom, APO AE 093 DATED 09 Oct 2002 CONTINUED. entry holes on the back of the shirt. I did not notice any blood or body fluid surrounding the the holes on the shirt and I believed these holes to be bullet entry holes. I took several pictures with my digital camera of the body as I had found it. These pictures included close up pictures of the head wound with the matter on the forearm and the prayer beads in the clenched fist, wide area pictures, and situational pictures of the body in relation to the surroundings. I then raised the shirt of the man and took a picture of the holes in his back. I noticed approximately 5 holes in the victims back, one of which had a small trickle of blood coming from it. The other holes were clean. I became nervous at this time realizing that the man had been shot in the back and felt uncomfortable taking pictures, because I did not know any of the USSF soldiers at the scene and felt they would question my actions of taking pictures of the man's back. I felt all of the. ores that needed to be taken had been, so I instructed.-41,,,,ikv d' arch the body. When. finished his search,.Viturned the body over, roing the body to the left. I took pictures of the body including close up pictures of the head and face. During the course of taking }o res, I overheard one of the USSF soldiers say that rteXe‘the sh at r. When I ad taken enough pictures, I 111111440) ?Meg 31*-Y DNA samples r^ asked 11110= "APIL3'15roint 0 .ome TM-rled.M -waa AI - standing next to a person I later identifie nT MEW were located on the far side of the river bednext ,,tjaD vertical embankment. I walked up to them and asked.Tr" happened.MMINOtold me that the man was stopped by USSF and was separated from his AK-47 and vehicle. There were 5 additional persons in the truck that were told to hurry up and leave. SAYARI, the driver, was the only person left from the truck. SAYARI had an AK47 that was taken by USSF and placed 10 feet - away from him. The person that was dealing with SAYARI left to call the FB from the GMV. When that person left SAYARI, SAYARI grabbed his wea. '10 turned to fire on USSF and that's when he was shot 4DIT me that SAYARI was suspected of following 44..i.L.ei...base and the team wanted to find out why. Both .6144 the sd quiet, reserved and almost upset during the time I sptnittjalking with them. I returned to the body and CPT b55/firmed with me that I was ' 'shed and we 4.144- local Afghan back SAYARI's truck up a7 loaded the body into the back of the truck and the truck was driv n ck iq,he FE by the Afghan. Upon arrival at the FE titer processed the body by taking fingerprints of SAYARI. The evidence colle te.0.from SAYARI was examined for intelligence value by.Itnur'1 a CAT II linguist assigned to the SOT-A detachment at the FE which was determined to have no intelligence value. The evidence, to include a ZIP disk that6X16kV I had transferred at,h pictures to was turned over from to SSG.'n1AINCOIC of the ECP. During the time I spent at FE Lwara, I would hear small pieces of information that described the attitudes of ODA 343 ..pcsgps several occasions I expressed my frustrations toillOMMOOPaEout the deceitful ot,41d4 .:S-- attitudes of the locals when trying to interview them. 11/11Magb would tell me that he wanted to go with me on nx,14.eld interrogations and that he would drivelfsTa me of a mock 6-'en INITIALS 11111117C,'Y.,6131. Exhibit: /6. PACE 2 OF S FOR OFFICIAL USE ONLY 94 DOD-DOACID000808 A 76. YV.3 6-Yl0114-02-CID369-23525 -5H1A STATEMENT OFIIIINNIM11111.111.1. TAKEN AT Camp Stronghold Freedom, APO AE 093 DATED 09 Oct 2002 CONTINUED. execution where the first person in the group was taken behind a wall, the person was not honest withAMMOMMW andlfired a round from his service weapon and kept the person out of the sight iigThe,rest of the people that were to be questioned. Wellrloack, got another detainee and the person started giving up all kinds of information. Although I never heard derogatory information come from members of ODA 343 about each other, I did hear commentq,42T,other persons at the fire base to the effect, "WellIMMOrrgaia—he wanted to get one before he left." I believe this meant that he wanted to kill a local Afghan before he left Afghanistan to return to the US. The attitudes and actions that I observed while at the fire base described ODA 343 as a group of USSF out operating without any oversight. Incidents also included a rocket attack around the 21st of Sep, 2002 that had 4 rockets impact in and around the fire base around 1200z hours. The previous day a cache of captured mortar rounds and 12.7mm ammunition was destroyed by USSF at the range co-located with the FB using high explosives. Approximately 0400z hours, I heard another explosion, but it sounded different from a rocket attack. The explosion was more muffled and didn't have the distinct metallic crack associated with the rockets. I went to the roof of the TOC and noticed a gathering of local people at a house approximately 150 meters to the northeast of the FB. I asked one of the local hire interpreters what was going on and he told me that a child was playing with some UXO and it detonated. This incident I later read on the intelligence summary, was reported that the child was injured in the rocket attack and not by the UXO that the child was playing with. Generally missions and actions of ODA 343 were kept to the team members and when the missions were conducted, rarely were outside elements used. ODA 343 and ODA 341 were described to me as completely different in nature. Additionally ODA 343 was described to me as the door kicker types and ODA 341 was described as the civil affairs xpw.k. Approximately 24 Aug 02, I was approached by told that JAG was flying in and needed to collect sworn was statements from team meegg_and also wanted pictures that I took. I toldiNEMMOMMIPT t'ehe pictures were on my computer and that they could be transferred to a zip disk. I took my computer into the brief in roqm mpi set the computer up to transfer the files.1 6°"- Xt the co pAntr_with me. I pulled up all of the pictures and.g*ta'-'ssomething to the effect of let's see what ,owagn I maximized the pictures individually soMONOMMOMOPeo/Td see the pictures and he would comment on the pictures saying yes or no as to transferring the ictures Ltyrsli rhe computer to the disk. The pictures that of6neli me to transfer to the disk were pictures that were vague and showed little if any detail. I remember one picture *A,,ruaIlrhad short titled as splat for splatter that dfffftinted on that he definitely didn't want that picture on the disk. I believe that 9 or IC out of approximately 15 of the pictures that I had -425en Eventuall were transferred onto the disk that.c36'r.s then asked me if I had a need for the pictures on the computer and I told him that I didn't and he asked me if I would delete them off of the computer. When I deleted the pictures he asked jaw.4769/6 q. Exhibit: PAGE 3 OF 6 /6. .INITIALS._ FOR OFFICIAL USE ONLY 95 DOD-DOACID000809 47L.:Sli,b -V 0114-02-C1D369-23525-5H1A STATEMENT OF filinillini.11111/11PP TAKEN AT Camp Stronghold Freedom, APO AE 093 DATED 09 Oct 2002 CONTINUED. me if the pictures were completely gone and I had a feeling he meant from the rec cle bi *.§.6LJ: then emptied the recycle bin. I gave the disk to.%ffirisconnected my computer. I was scheduled to return to BAF to return evidence from another case hat same day. The next day when I got to the OMT, SFCcfnlip4.71AM-3 bN3lhildd and told me that he nee 11,be evidence an x pictures I had turned over to It that he knew of the disk containing all of the pictures, and knowing thatilIMINK 7e_5,54.:4 deleted the questionable pictures, I felt that the disk I had t rneoL4.3,tps the BCP was at risk of destruction. I we tr.. T bAThe BCP and secured h? disk, but had Ulefi•the 3 other evidence over to.klLhen went to the Bagram CID .. office where I turned over the disk. Q. Do you know how well, or if, SAYARI spoke English? 67C3 4.5 A. No.. Q. Did CPT.instruct or ask you to delete those pictures? A. He asked me to delete the pictures. Q. Did he say why he made that request? A. No, but it was obvious to me that he didn't want the pictures to exist. That was his way of insuring they didn't exist. Q. Can you tell the difference between an AMF soldier and a local Afghan? A. To me they're the same. They're dressed the same. Q. Did anyone from ODA 343 threaten you over this incident or imply a threat to you? A. Not directly; however, their actions led me to believe that they would not threaten me, they would just kill me. Q. What made you believe they were capable of killing a US soldier over this incident? A. Special Forces have the training, equipment and motivation to protect themselves from anyone that threatens their circle. Q. What do you think were the circumstances of SAYARI's death? A. I believe SAYARI to have been executed. Q. Why do you think they executed SAYARI? A. How do you say just for the fun of it? I think that members of the team felt that the Afghan life was less than human. Q. What indicators did they exhibit that led you to believe they looked at Afghans as less than human? A. I was told by members of ODA 343 that after the incident villagers came to the gate and said that SAYARI was a thorn in the villagers' side and that his life was of no value. No one came to claim his body and they had a general feeling of disgust toward the Afghans working on base. I think they had almost alienated themselves from the AMF and that they failed to train and work with the AMF. Q. What memlisq;f-ODA 343 said this? A. wi that people came to the gate saying, "Thank you for killing SAYARI", but their actions separating themselves from the AMF was what led me to make the other comments Q. Who were the 8 members for ODA 343 that were at the scene when you arrived? A. I thought the whole team was out there, since I had only been on the ground about 90 minutes at that time. I didn't know who was who, and there may not have been 8, but there were Exhibi t :_I BJ INITIALS.4111166 ' PAGE 4 OF _G_ FOR OFFICIAL USE ONLY 96 DOD-DOACID00081 0 76-Y/b 6-Y 0114-02-01D369-23525-5H1A STATEMENT OF TAKEN AT Camp Stronghold Freedom, APO AE 093 DATED 09 Oct 2002 CONTINUED. several USSF and Afghan nationals there. They may have been interpreters, they may have just been someone to drive SAYARI's truck, they may have been AMF, but I don't know. My focus was on SAYARI. Sort of a tra is experience. Q. Which SJA did CPT say was enroute to the scene to investi ate? 7c-5)14-5-b705-th4-5 A. didn't say SJA, he said JAG was enroute. He made no mention of an investigation at that time by JAG. Only that they were to collect statements from the team members and Qictures. )10040Np qhg. name of the JAG officer was111¦111P. Q.Q Wh.C.etru ou he needed the evidence? Pc-3,24•3 A. he needed all of the evidence for the case. When he said' case he meant the commander's inquiry. Q. Why did you feel the pictures would be destroyed even if handled by your own people? A. He was a 97B, but he worked for CJSOTF. He was SF in my mind. I didn't know if he had been tasked to look for all the evidence. Q. Is there anything further you wish to add to this statement? A. Yes. I am seriously concerned with my life with these guys. I feel that they will have nothing to lose with their training and experience and access to specialized weapons. I could be killed with little or no evidence. Q. Is there anything further you wish to add to this statement? A. No.//////////////END OF STATEMENT////////////// A276104; y Exhibit: _6 INITIALS PAGE 5 OF 6 FOR OFFICIAL USE ONLY 97 DOD-DOACID000811 E, 2.35 -25- DOD-DOACID00081 3 Page(s) 10D - J.3.2C • • Referred to: U.S. CENTRAL COMMAND 7115 SOUTH BOUNDARY BLVD ATTN: CCJ6-DM MACDILL AIR FORCE BASE FLORIDA 33621-5101 MS JACQUELINE SCOTT (R11) 827 5,341/2830,.„ DOD-DOACID000814 LAO USE ONLY CHIME LAO EXAMINATION REQUEST For use of this form, see Afi 195-5; the proponent panty is the REFERRAL NUMBER United States Army Crininal Ineastiestkin Gore and. ro: anclude Zip Code) mkt (Include Zip Cade) RECEIVED RETURNED DIRECTOR Special Agent in Charge REGIS MAIL am umt USACIL-CONUS 87th MP Det (Abn)(CID)(Fwd) 4553 North 2nd Street APO AE 09311 Forest Park, GA 30297-5122 BY EV RT EXP HAND RANG DATE DATE ATTN: RECEIVED BY Imaging/Tech Supt Div Firearms Div EVIDENCE RECEIPT Chemistry .Div RECEIVED INITIATED 1761,IkTi I CONTRIBUTOR CASE NUMBER 2 PNVESTIGATOR 3. AL MON AND PRONE NUMBER ginalimmo ,l1114-02-CID369-23525/5HIA SA DSN 318-821— ev-zp 9 SPECTCSI (LAMlrst and truddie narruLisif iiii4d•Ctiiirv5—l7 .46-5-.____Iir__ . h-_.5.- , CPT;l ., SFl ' , SSG ., SSG 5 VICTIMiS) (Lay. Jim and muddle nalreraJJ SAYAR1, Mohamed (Afghan national) 5 [WE OF OFFENSE ? OWE COPY OF EVIDENCE RECEIPT 8 QUEER EVIDENCE PREVOLfar Murder, Conspiracy, Obstruction of INCLOSED WITH EVIDENCE SUBMITTED ON THIS CASE Justice FTlTEslIlj_NC 7.YES.IX IlNO 9 IF 'Y Fr IN ITEM B. UST OTHER SLISPECIIS). DATE SUBMITTED. UNIT CASE AND LABORATORY REFERRAL NUMBER'S! I ICI EVIDENCE SUBMITTED .. EXHIBIT I. DESCRIPTION OF EXHIBIT 1 Zip disc (Item 1, voucher 046-02) 2 Computer, laptop, sn 283183330 3621694 (hem 1, voucher 047-02) 3 Necklace (Prayer beads), (Item 1, voucher 048.02) 4 Casing, shell (hem 1, voucher 049-02) 5 Bullet (Item 2, voucher 049-02) 6 Metal piece (Item 3, voucher 049-02) __Lc:Lim. . OP FORM 3655, AUG 74 REPLACES OA FORM 3655 R NOV 10. WHICH IS OBSOLETE E 0,1 35 DOD-DOACID00081 5 Oliti--02..--1P; 6 -Z 55-z5- 10. EVIOSKE SUBMITTED (Corsiourec) E. b OESCAPTION OF EXHLFAT I I E ZAINi TIONISI REQUESTED (Bnefiyfurrusn any informauon or instructions that fritght assist Mr laboratory In esamentng, evaluating or returning evrdense and/or report ) See attached word document, 2nd Status report and CD containing images of SAYARI's body. Imaging Div: Obtain and print all images contained on Ex 1; examine Ex 2 for images downloaded, uploaded or deleted between 0001 28 Aug 02, and 24 Se 02. Please provide images of all photos to include a log of dates/times and activity associated with those images. C ordered the images of Mr SAYARI's body deleted during a Cdr's inquiry. 467eS/ Chemistry Div: Examine Ex 3 and deterfnine if any blood or human tissue are on them. The beads were still clutched tightly in Mr SAYARI's strong hand (Right) after the shooting and blood and tissue were spattered on his right arm. Firearms Div: Examine Ex 4-6 and determine any information pertaining to the type of ammunition or weapon firing them, any ballistic info, caliber, manufacturer (US or foreign), and examine Ex 5 for marks suitable for comparison with the weapon that fired it. All small arms utilized by the entire ODA 343 team are being obtained at Ft Bragg, NC, and will be forwarded for comparison with Ex 5. Conduct any other examinations deemed appropriate, Evidence above has not been examined by an ther e pert , in the same scientific field. TYPED:PRINTED NAME or REOLIFSTOR DATE 47,646 SPECIAL A GEIV 27 Oct 02 1 DA FORM 3655, AUG 74 U SARK v I CO DO D-DOACI D000816 SWORN STATEMENT() ily-oz-236'j S— ZS For use of this form, see AR 190.45; the proponent agency is ODCSOPS DATE TIME FILE NUMBER LOCATION 7_,_,,A.C.0-4leris.4, izicc,eper-+Av-PK-= tra6iNoiir,p.c....44 2.67(.16 ht,-r/ SOCIAL S TY NUM ER GRADE/STATUSLAST NAM FIRS 1,7C-,644-10l7.4,e ORGANIZATION OR ADDRESS I I"( HG.err.S Z °". 193 N DIV F7 Icag •/C: fried, frievrit, -/7e 4727,,,,,, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH. 7t•I DAY re,vir r filecTi.44-; 4 7' /3 eV 4,7 l'e/ 1,1t,De2 r ada.f.rha7 et ,art„-,e-61/ tvr was rrperfer... aly ci -r-aele-,479 I' S. (e-Ivc/S//0/7 77ec./114.Z1- cu,r1P, 7:4e 5 L ,,,,gye. a rail .1.,so. leer TL. Dera,„.H. 0 107(4e., (o.--4.517/.7:0°'..1 Ne' was 11,earei Ivy a ,ere,/ ""r-641-))." 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THE BOTTOM or EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND SE 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 .S1DF OF ANOTHER COPY OF THIS FORM. WILL BE USED. DA FORM 2823, JUL 72 6 , 1-% DOD-DOACID000817 STATEMENT iContirwad) r 4-3 4-.-1•-•.- (-7'43.ti EP,'" ^S SaPe 1).6z-c/ L 47c-ia‘7 C- -III 4.__f. ¦-z An/ l W5)156 4. &Per a±/21/M, _ •l t.merry,"54-1 Frt.', Yr rerc, Q On.ha. +Lt.-0 -In.-1"'N -4c. +L++S S 4.. L wQn4 : Ja /// Orr-5 crrprze 'rye," 111.11111C7r-d(/ Z6_ y AFFIDAVIT 1) 76-9/ —v HAVE READ OR HAVE HAD READ TO ME THIS STATE-MENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE Z1-. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIAED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD. WITHOUT THREAT OF PUNISHMENT. AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. t ent) --1/11111111111111111101111tataternent WITNESSES: Subscribed and sworn to before ma. a parson euthorixed by Lew to administer oaths, this yr.day of MI,.7c. at 0,6 . ...r1 I L APSE. (IC crriAt.A.Sra-4-1 ORGANIZATION OR ADDRESS - . . . rson.mart.ring . ark" ministaring.ath) 11, 1Rx 13f,r, Ukco'l ORGANIZATION OR ADDRESS (Authority to Administer Oaths) d6-y INITIALS OF PERSON MAKING STATEMENT PAGE OF 1)-PAGES 'u S Gover'ynenT Pnnhny 01110EI 1554 -. 300 7274n72 136 DOD-DOACID00081 8 SWORN STATEMENT 01/y -0 e. -1:113,6c).; 5-For use of this form, see AR 190-45: the proponent agency is ODCSOPS LOCATION DATE 11,1161 TIME Mr FILE NUMBER 7e-y dif' tigi-4krao-0 u v_i' .Clg_Sca ,_At 64II 00 ,Strtet 7A/0 110,2-/ 0 74'3 x 47C•5') A L-61 LAST NAME, FIRST NAME, MIDDLE NAME SOCIAL SECURITY NUMBER GRADE/STATUS .. • 4.-.• ,--' ORGANIZATION OR ADDRESS -. 0I, J It. - AZ-4/ 46 . WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: 6 7t - r „,,,,,,s 0,,,, Ar,.•/.e,"•..e.e..c.r .4......,, d.oectix.,lCA, ,ail.1° 6.Ce 54r arafie,..s C.4166 A.2....i.e.,".po 4/4 e" u, p,,, .,,,,.6 4e.71.)./0 AA. . rze:..2.--",.e ,p pq.,-. tr.-.6.ell 4.," an ", ca. 04-.7, A •.Ar r". el I.6.7 . ,s_e ..rke.„1/ a °¢.G ..vilL. ca,..4--.°....., c„.COGIA /1 eir 1 T1.i... II CI r r.5414) •• cl. ,...1 4 ,4./-4 e.y . f,......t.0 ..-1- $ (.7 r ii-.iiiiir1, 6.,,,, 74, .7c* A /7 / if 4 /W__¦ G ,,-- Sc.- Vih 5.to.kot'-si. ii Pot./,t.-7k-f-79 /v-4,--.di."' e.eh e ,•C-7 CA " e.c4. GI ../7 ..CACIe ' 5.4 .3.l. Id.se e R, '-ileMillir IA A CI j iltrZO t.Pit.kit.r.,...., 1 II a et cd A 3 k e ci &Li A A 'Le ti.vio./•ee 4 I-.11 a ... it./ °.141/ e 11-ni 6 IC. / 1 we 55 e cr. ,,,, he ,. ..4.17e )/.,......e..e. c A e c di rov. A 0. d.And. ryyk b.,,g.`Mei./7-ic 4-et.M e.. a tatig . ° LA ti .4,4..te."..., vo ia 6 ,,,...,, 4 ii. i_I ell_ ilcA IQ I° t 11 C 6.'4'1. C 4 ". 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WHICH WILL BE USED. 137 EA4,11, 1 /-37 DOD-DOACI 400081 9 176.4/; ,b4 "`/ STATEMENT ?Continue.le r 'frh 111-.PI c.....W. e.,--rrt e_.Ge,-, e.ai 4 ei 'V°. ,..../ , 14 a -1-6 y 0 1,.be 4,•/../. ?1-4 eel.c4..-n. d.e--Aer-ic "Er k 1 ci rhe 1.cl/e A.-/hos e (7ky.5_..1.k.. ."-1 a 7' .4 e Ad-c. 117— Av-, I--' 4 5-,....... I,- ca 11-er al.641?".Mir.Oct "bi c.c ia ..... .1., .1/4" 4 C i cA. ops 4-0---,' kiefe. I 6' et vi h i Acs. poi V DIA.e fr, . kic.k, /a /4E ,:i leri,or e ..— -I.c, eilo ik ,'A.itc, t-iie ..,,,ete, 5.i-A.A i-Ae_fr,a,.iiA i 4.4 1. .5.5 44 I- rhtlieci " we 90 Del. 0,4 1.C.) /1. /1 ef Mtn ... 1k la /Z" Ihe 4. a r-lre rJ i41.-4-.,ie'€c.lc-.rc.01 -A.A 1-... . e ao p a 4..4 re—.iiy...4.- c.....7 , fly" 64 p Gd-g 14ee„.. a/.1 d I4e. v Ic Ci ediatc,oz-v Q am.176-1, 14- i 0 A7C-4 bdr'ii A . WM. 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I HAVE MACE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE FUL INDUCEMENT. i _GAIIIIIIMIIIIIEMP/2(4641-1 I I ,l WITNESSES: Subscribed and sworn to before me. a person authorized by Law to administer oaths, this 14•-.day of isci‘Jei.....?-,&1--l, 4 2.x:,1 at -9 fv. --13 A-a ,,,,6..+...11,-,3 ,1,-,3 Person.mostering Oath). ORGANIZATION OR ADDRESS 41.41110111.4 A d'76:nistari DZ ,, on .-dmrng ta", cozy.vl L. v.. , ORGANIZATION OR ADDRESS rAurriaray to Administer Oaths) INITIALS OF PERSON MAKING STATEMENT PAGE 2.-OF PAGES •L/ S Govslrunen1. 1994 -)co 72700572 138 DOD-DOACI D000820 • . SWORN STATEMENT e---ci,e3 6 - z 3 5-Z-5 For use 0 this Wm. see AR 19045: theS y is DUMPS FILE NUMBER LOCATION A -1-/ ZAt. -9.0w A- C 24.6 faAc Pt T--44.RflTOre-1 GRADE/STATUS E.- 5 DR ADDRESS C- 1 %t15-ti, `P la. WANT TO MAKE THE FOLLOWING STATEMENT MDR OATH: ANIZINIM -03._ My 0101-y ,c C4 Ak...)0 4 C 4e.,s‘ Nov 41txic fVfack fk„ ..45" 114e.reitc.? o f C:fr Lse Two iWsor.,,,i 4t. 7?..ey to+ii appicek•J iieyar clea m )1/4 y ,0 ,yr' S-;:i. _pp."4t..) c-ornag ototAri -4.., Je'rs • Ve 4S'b'j 1;1: LI if) „.), 0, +0 4.4,LA.,),„4.. Orko.p, c..x,..L., :f: (7,,,,,,, ;,„ 1 C4ce s - oy: :AA gtp army lar-111. fo 44k . 7 u(k;ii3 L.3',; .„ -I L. 4 A-Jo rof 'n IC-t,-1 'M'N jct. tn -telic•,/,3..1-e..41 40 ic.Ave, -' .Cokk1.01/4,z Sr .:4N-A lt, uek (..,‘ A S Or t444 _lc, 54- kf 4-C-' °+" Si5Il 1 1 4 o )0/41/ ' r-c'le 0., cq,...3 OS , n, 11-e % er P-4.-1‘....uk1 IRC4 4UA C.f $4 4- Le k k L c-c(1 r) "41. ata/.$ h c.,,c'..-c/ / krt. IoM f.',..„ i 74- /kr5 Li .f. i6, ..--/./1^ es? ,p-A-3‘,..1.4 / .....,c,,5 ,../c5.4.14/ _)I„,„„.3004 ,..\ kir). fl .6,,,,i re./4....-A" cx...r A% Are/3‘,..J41,5 ,S eei. 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ADIBrioNAI PAGES MUST CONTAIN THE HEADING "STATEMENT OF. TAxEN AT.DATED.CONTINUED TOE BOTTOM OF EACH ADDITIONAL PAGE MUST NEAR THE INITIAts OF THE PERSON MAXOVO THE STATEMENT AND NE 1NITIAIEO AS 'PAGE OF.PAGES " WHEN AOOTT/ONAl PAGES ARE EITIWED. THE RACK Of PAGE WIZ RE 11NED OUT. ANO THE STATEMENT W111 BE CONCLUOLO ON THE REVERSE SIX OF ANOTHER COPY OF THIS FORM USAPPti2 OA FORM 2023, JUL 72 SUPERSEDES DA FORM 7823. 1 JAN SS. WHICH WILL DE USED. 139 411-47L-3 2 DOD-DOACID000821 ZZ8000010V00-000 S35Vcil7 AOl3 39/a 1-97 C4.2/7 1N31,131V1$ ONI)IVA NOSH3d 30 S1V111N1 (nig(' iagturuipv o1 Aprapavy. SS3800V H0 NOI1VZINV9H0 C +.4 .may -! 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""-4 -',r•lrl-e-S 1,11 To,l1 \lt) -3 l r 4_,-,Cith.WqMii3)N .4) -4 .j '14 1^11",#""1.T .:b ill I 1114, IF ' 7L.ti' 1N31113IVIS p 5,6.2 3 52. 5— SWORN STATEMENT For use of fhf ¦ balm, moo AR 190-45 the prepront impair Is Office aF Thi Dopury Chi ¦ f of Staff for Pomona]. LOCATION DAM TIME illrp VILE muss's% its ItcsV4 ,:. 14 7 like SP..*.Gwa...1%yw,.) -t ff ol y,14- L7' f-AST NAME. FIRST NAME. 14100LE NAME GRAD!/STATUS 1.31-kraVvr-t/j At-1/ tsPc- trqc.r.sit /OM OR ADORE hi e. • WO: C s..is vertu q h f14Ll‘ti t("tial6¦A4-,-) ( 1. WANT TO MAKE THC FOLLOWNG STATEMENT UHOCR OATH di 7C-5 •""emairitaf' .gew 710,e 4.-1.1C /WV A4I I:* a loyd .Arr.C. (.7) A. our Arcbc re- Lem 11-C* '71 3 1 coe 4 0,1 Wide a# 14.14 f-fa •e 5 4/c. ref ad-55 4 OSl"aim.14-c 0.ei-t j R, .11, go.Ga n 5e iP 4 /4• ­ kms' ' .v4.•e-si. portft.Ike b '11 _41.614.61i-9 11.i,s i ch,4 gq /-e..ILLC keit. sq"at 614 f44.A.•• .e 14' )44.toyet--t sure c.td 114.-/o frk.4.2.e.teire.. 0.4-044l /L. 'X.-'"t 141e-451i"/ )44-y 'ore irYf .re v;lratedleideic.lar A. /it."' 5.y5 Iva.I eV 4.. (...g.1C," Irs r o-ea a •I# al- lire. i‘ hr. Cry . /54:p r Y e.T;eil 5 61cl, ciewo 19-0-4 0-5. 4.-1"l‘o-td ,l/4.4 , 444 M141471" .Iva to ld tto',.."it °ea fecn 6.4 4-14,.. 6444 Or' ?lot/F/-4 s1.1.04.c.si en.e Svyi pyrre 4......;ak C IP;I q. /. lYR_ 4 14.1{.2.Celt' ' . toy., 0'e,- I pliiiittf1"-'d i .. -6,'.See", esr..4s le e c Lioo LA-f 14..s k. tT . „a. 2 145- -ite IVat.‘ /f-s C4 eve.1j. c1. .040 dri .--cr ie-0% .,‘ 144 rt. Anaf 41-..y 54' 9l da n -. Ls Ilia on s Arab. lap ,./1 .*,01 ge 6% . t. e.c14.1Strd .is.le f, 0.4" aior r'e,4 741 f oll"c 1-4•44.. /If.ifif.or..„ te„ G4.4( a .t ,..l,"" 4 lk Ptcl r" c/s 4114 fir eq,st .1.d.y 1-0•• yty.dP f-eAd f‘l.i'asetws. )44 ,,,epers.if I( .01.1.(A15 A.? - h/C-Ilit /aid A ANA...Ste/1. i'Ar:er ,r Obi. m-c.de r•-01 cf-.-1 (LA ye r go.i yr.. 1414 yet ,e a5 14• gib 676-4,5 0 ,41e Le 4.41 s k.VAN--4"-'1 1111.6. 7C-6 p. ,. 111.10111111. 176 rhe-y t-• k .1 ifn., y, ^ -3 .a. ka5,:4..te P.•,. k7C-4!),66-Z,/ LS OF pensom MAKING STATEMENT PAGE I ) PAGES ADDITIONAL PAGES MUST CONTAIN THE HEADING "STA remedy,-OF TAKEN AT DATED CONTINUED." THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAXIMO TW STATEMENT AND BE INITIALED AS "PAGE OF' PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, rue BACK OF PAGE I WILL BE LINED OUT, AND THE STADEMENT WILL BE CONCLUDED ON rue REVERSE SIDJE OF ANOTHER COPY OF THIS FORM. 3lJAM IS, "mil WILL et „to. iDOtotarrOa• DA FORM 1050.1 1 JUL TS trxrPau p=x4,/,,i131 141 DOD-DOACID000823 _ • IT A T EWEN T (Corn ifforml) c. k.f acad S4G 4ti ok .154," o %-3 '4 . .... S.Y. u.rn Ce Pt '•3. - Li) th-y 41-5 s.v.n tk.--e. c-,. 4...1,...,1 -4-- .__ n Iti TP"'T "0 AX-v)16'6 - 124. AFFIDAVIT 7L-y_ HAVE REAR OR HAVE HAD READ TO ME THIS STATE- MENT WHICH BEGINS ON PA C I AND E OS 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 OF PUNISHMENT. AND WITHOUT COERCION. UNLAWFUL INFLUENCE. OR UNLAWFUL INDUCEMENT. PC-VJ,g6 - • firsose WITNESSES: Subscribed end swam to inches row, is parses nititorlaod by I w to odrointsert oaths, this -"W., cloy 04 l4...ip•-4.€4" l, 11:1%,aci 0145 • Kt- latc, srickas.rp,c- ORGANIZATION OR ADDRESS parson Attottrulatortrit Oath) •N . a.on Adosbtsterevio Oath) ORGANIZATION OR ADDRESS Ilya (Autharr(y TO A.:WM.1w Oath") INITIALS Or PERSON MAKIN() STA YEMENI 'ASW OF A *I! s Co,,,narnt FrIncInc Offl,c! 1989-261-6 , 110:623 142 DOD-DOACID000824 ROI NUMBER AGENTS INVESTIGATION REPORT 0114-02-CID369-23525 CID Regulation 195-1 PAGE 1 of 1 PAGE(S) DETAILS Abo t 1_2 October 02, SAMIIIMIIIPnterviewed and obtained a sworn statement from SSG Alpha 2nd Baftalimid Special Forces Group, Fort Bragg, North Carolina, 28 yiVC). SSGMIllektIsesigned to the team on or about 22 Apr 02. SSG_sa d e was not on t emplOton the day of the shooting, but heard about it at the Fire Base in Lwara. SSG_inialied he was present for the After Action Review (AAR) th t vi conducted the same night of the shooting incident involving SAYARI. SSG itd_0-1-Vid_not know the team was as led to go on the missi 4, _ SSG_furl er state_ AAR6,615_ SF (SSG_nd Chi -f utout the following information in reference to the shooting incident. SS stated the vehicle stop was to take place on SAYARI's vehicle on the road e Fire Base to gather information in reference to a "hit" being placed and the fact of SAYARI following the team on various missions. SSG sure which one of the four individuals put out that information at the AAR. SS ould not remember were it was said that SAYARI was positioned at the scene in reference to the vehicles and team mb r fsr there was no sketch drawn at the AAR for reference. It was said thatIMP(SF _, tui i§.back on SAYARI and was walking back to call the interprets SsGommwas standing in the .50 Cal gut gpt c verin _gF SAYARI then grabbed his AK-47, d .xa-3 the fired at SAYARI and allegedly hit him in the abdomen area _ (SFC stated, h sued and fired a good number of rounds, (unknown how many) at SAYARI._SSC then stated he fired again and hit SAYARI in the head. 41 A,. __ES:22L-9 This is all of the information SS _ ould reca_t_put out at the AAR in reference co this investigation at the Fire Base in Lwara. SSC -fu d he did no a knowled eti e i n on SAYARI prior to this incident. SS stated SF and CP got intelligence for the team on the r _scrnel and then distributed accordingly as necessary. (See sworn statement of SSCJ for details, Exhibit_) _ 1//NOTHING FOLLOWS/// /576 cc TYPED AGENT'S AME AN SEQUENCE NUMBER ORGANIZATION 87th SA MP Det (CID), Bagram Airfield, Afghanistan OtilaIURE EXHIBIT Lt0 CID FORM 94_ FO OFFICIAL USE ONLY 1 FEB 77 143 DOD-DOACID000825 CASE # 0114-02-C1D369-23525 "ACOA/ 0%) ST V„.." '13101 E 4135 -/ &I EL +1.11,...4 \NJ 11_2-(r E. -11-1378 1 8 -1 10 ti $315 m TITLE BLOCK LEGEND A. Shell Casing Case #: 0114-02-C1D369-23525 B. Metal C. Metal Offense: Death Investigation Scene Portrayed: River Bed E. Bldg: N/A Location: Outside Lwara Fire Base Victim: Mr SAYARI Time/Date began: 0710z, 14 Oct 02 Drawn By: SAMININIIPPC-6 M -/ North Verified By: SAIIIIIMIPb76,/,,,a-/ NOT DRAWN TO SCALE For Official Use Only EXHIBIT: 1 11 144 DOD-DOACID000826 SWORN STATEMENT File Number : 1015-02-CID023- Location h_ ort Bragg, NC 28310-5000 Date by_790-1 Oct 2002 Time: 122411,616-`7/ Statement 0 744)44-V • SSN 7C' Grade/Status: E4/SPC Ov/Address :.PECI AL ORCES GROUP, FORT BRAGG, NC 283105000 flC, ,11.1.11111MA.WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: Q. What is your MOS and job title? A. 97B and my title is Counter Intelligence Agent. Q. When did you arrive in Afghanistan when you were deployed? A. We left Fort Bragg on 11 Mar and got there on the 13th of March. Q. Where were you assigned while there? A. I was actually assigned in Bagram and Lwara Fire base. Q. Describe your duties while you were deployed in Afghanistan. A. Force Protection, interviews of detainees, interviews of = locals and sources, debriefing teams after missions, and that's pretty much it. Q. Describe in detail what occurred on 28 Aug 02 and your involvement in any incidents that occurred that day involving yourself, any teams, and/or local nationals. A. I got to Bagram on the 17th of August and I had transported "PUC" which was a Person Under Control or Custody. I am not sure what it stands for exactly and have heard other people call it different things. I spent the rest of the time in Bagram waiting for a flight back to Lwara. On 28 Aug 02, I woke up that morning and got all my. things together as I had been told early that morning that I was getting a flight out and going back to Lwara. About 0900, 28 Aug, We boarded the helicoptors, they were chinhooks, and the first helicoptor had a problem so we had to wait to see if they could fix it. We boarded another helicoptor and then they fixed the problem on the first one so we went back to that one. It was around 1200, when we finally took off. We made a few stops at a few other fire bases to drop off some supplies. We got into Lwara around 1600. That's local time. We unloaded our stuff off the helicoptor and transported it up to the fir se. About 15 minutes later, I was informed along with S sthat there was a shooting down in the river bed. Chief told us that there had been a shooting and he.to go down there and document the scene. Chief ell us told us it was the guy who had been following the teams leaving on the missions. I didn't know what he was talking about at that time due to me being out of the loop for the past week and a half and in Bagram. We grabbed our equipment. We took our LBE, weapon, note pads, camera, and that's it.. of intoilii i."3 rruck that we were It was me, SF SPC and SSG or SFC.(who were our. replacements). We all went to the scene together. It was about one and a half KM's to the scene from the fire base. I drove the truck to the scene. It was southwest of the fire base and in the river bed, which was also the roads. The roads were in the riverbeds. When we arrived, which was around 1645, and got out of the vehicle, we saw the guy laying on the ground. The team guys were pulling security. It was ODA 343 that was there. we pulled up and there were two of their HUMVV's there. One w in front of the suspect's vehicle and one was behind it. Th .lilt676_,/.,a.9/ INITIAL.-Y 6 67(0‘PAGE 1 OF FOR OFFICIAL USE ONLY. 145 b, I 1-13 DOD-DOACI D000827 • 0)/Lt-D2_--(..ae25(-2 1015-02-CID023- STATEMENT OF IIIIMMINIMMIII.,67141 TAKEN AT Fort Bragg, NC 28310-5000 DATED 01 Oct 2002 CONTINUED. i. ,di-y ere in a more defensive position and were about 25-30 meters apart from each other with the suspect vehicle in between. The HUMMV in the front had a 50 cal mounted on it I believe. There were no doors on the vehicle. The one to the rear had a Mark 19 mounted on it and it also did not have any doors. They were both painted a tan/sand desert color. The suspect vehicle was a dark colored Toyota Hylux pick up truck. It was a bed type pickup and didn't have any type of camper on it and it had four doors. That's the way the trucks are over there, they have four door. When I arrived, the doors to the truck were all closed, all four of them. I only saw the dead guy on the ground. He was laying on his stomach and I think, but not 100% sure, but I think his right arm was under his body and his left arm was above his head. He was wearing local type garb. It was like a long shirt and pants with a vest over the shirt. I think he was wearing a pancake type hat. His head was tilted to the right hand side and his eyes were open. His mouth was slightly opened and there was blood coming from his mouth. He had a couple heads wounds and there were some wounds on his back, but we had to lift his shirt up to see them. We ha 444 asked them what 7 .a - and he told me that the Afghanistan Military Force (AMF checkpoint had stopped him first and there were three people in the vehicle. They said the guy had passed through the AMF checkpoint. Then our ODA team chased the vehicle down and stopped the vehicle. The passengers were told to get out of the vehicle and the suspect was told to set his weapon down andsisaway from it. They said he had an AK-47 assault riflekN5. had happened. I spoke to SFC.1. turned to say something to one of the other team guys and when he turned, the suspect grabbed the rifle and.i ing it up to the firing position and that's when SSG.fired into the back of the suspect. The suspect did not go own right away andall.1)76-3V4,-.5" had turned and engaged the suspect with I believe a head shot. ' an the suspect went down. That's the story that I got from .-3/1411., 1 don't remembe.en I went y,wany shots he fire. over and I talked to.'5-story. He 5.hn he collaborated. said that when they were asked to get out of t e ve icle, the suspect had p. is weapon down and was told to move away from it. He said°.. nd the suspect had turned away for a se g. went for the we pon and pointed it toward.and that's when he fired. I am n.e fired right off r sure how many he sal. t e bat. He said. then turned and fired on the suspect. i,, happene so quickly and could not remember how many V6•. s o s .fired, but that it was more then one. I didn't specifics y ask them how many shots they each fired. It was more along the lines of "Did you fire?" and when they said yes, then we knew who had fired. when we were policing up the scene, after everything was done, we found nine or ten casings. These were M-4 shell cases, 5.56. After we had talked with them, that was when we went over and examined the body. I noticed one head shot. There was a possible entrance and an exit wound. The entrance wound was on his forehead about centered and slightly to the right and was about an inch to an inch and a half about the suspect's right eye. The exit wound was about the center crown area of the back of his head. There were several wounds in the chest area and also several wounds in his back. We ha. Oilb7(.9),64-17/ INITIALS PAGE 2 OF _IL FOR OFFICIAL USE ONLY 146 El-)1,17)+. y 3 DOD-DOACID000828 -r-4034, 5. 01/ei -04 35-2-5- 1015-02-CID023- STATEMENT OF IMIIIIMMIIMIIV7L-Y,b6"/ TAKEN AT Fort Bragg, NC 28310-5000 DATED 01 Oct 2002 CONTINUED. 7C-% 4--Y to pull his shirt up to see the other wounds. We did roll him , ilk over and look at the front of his body also, That was how we saw all of his wounds. There were no wounds on his hands. We did fingerprints on him and didn't notice any wounds on hism.5-)A4es" hands. I never saw a weapon. I was told by Chief MINMOMMIlhat they had brought the weapon to the weapons storage area and put it with all the other weapons. I never saw the weapon at the scene or afterwards. They said they brought the weapon up after they could not get any radio corns with the base and Chief drove up to the base himself with the weapon. The chief came back with the weapon and had stored it and that's when he told me that there had been a shooting. After we photographed the body, we placed the body in the back of the pick up truck (the hylux) and turned the body over to the AMF commander so that he could have the family notified and the body buried as soon as possible. In Islamic law, the body has to be buried before sunset.. The AMF commander took it from there. The AMF Commander took the truck with the body in the back and took them away. We returned to the base to begin the debriefing. The new guys that had came in assumed control of. ' vestigation. I didn't do any of the debriefing. Chief.wrote up a statement. I am not for sure if he was down there when it happened or not. He sent the statement up to his higher ups and gave the statement to the guys who had assumed the investigation. After the statements were done, the CI guys sent up their reports. Q. Who all was at the scene when you arrived there?4,g-s,;64-3 - A. 11111111111111111111111111.111.1111•11111111111111=1.111. Chief j {who was,PC4,;.57,-55.,)64:57/5/3 ,S the one who actually came118- up and got us and had returned to the scene with us), and that's it.. 7G-,5"),4-5 Q. Was there _. on named.there? A. Yes, CPT was also there. He didn't talk much so I didn't really no e him. 1 can't actually remember if he was actually there or not as I had never talked to him. Q. Did anyone say what happened to the other two males who were in the vehicle with the suspect when he was stopped? A. They were released at the scene before the shooting, I believe. I didn't see any other civilians around when I got to the scene. Q. Prior to your departure from the fire base, did you hear SFC4611114110make a comment of something to the effect of "not again"? ._ A. No. Q. What was your knowledge of ODA 343 prior to the incident? A. I spent four months with those guys in the Lwara there. I didn't know any of them before I got to Afghanistan. Q. Were there any type of religious type beads in the possession of the suspect: A. Yes, they were collected with some of the other pocket litter that was on his person. Q. When you Bot to the scene, where were the religious beads located? A. On the ground right next to the suspect. They were on his right hand side. Q. Were they in his hand when you saw them? A. Not that I remember. the grpb76.-iii 6 G - V Q. Did you find an AK-47 casings on the ground after chibit:.INITIALS 11111r.71'100/ PAGE 3 OF Ar=, FOR OFFICIAL USE ONLY DOD-DOACID000829 011 Oz--10 3 6%--Z 5 5 2- '5- 1015-02-CID023- STATEMENT OF 411.11111=111111111.11111111111967e. -q,h6-,' TAKEN AT Fort Bragg, NC 28310-5000 DATED 01 Oct 2002 CONTINUED. incident? A. No. Q. Did you find any other weapons on the subject? A. No. Q. Did they tell you the time the shooting actually occurred? A. No. Q. What did you do with the shell casings that were from the M-4's that were fired?IgL04-Y.toc-51.14-4/ A. I gave them to SPC. and Q. Where were the shell casings found that you recovered? A. Approximately 20 feet from the body. The body was on the back right of the truck. I found approximately 8 shell casings to the back left of the truck, which probably came from MO. I found 2-3 shell casings,. .t.el t,,he back right of the body and 67c-c../4-6— probably came fromdMMOrom what I gathered, the weapon was on th b c of the truck and we te suspect went for the weapo.shot him and then. fired. Q. Were ere any attempts by t e SFG guys to cover this up? A. No. Q. Was this reported up the chain of command by the normal procedures? A. Yes. Q. Do you know of any other similar type incidents occurring involving this team? A. There wasother shooting in May 2002. It was involving giRe Mfiallanirc'S°Triwas a guy that wp . ere d and gathering information on a fire base, and w err. approached him, the guy attempted to fire on him w. then shot him. The guy was killed then also. I believe an SA.from CID, was the one who investigated the incident. 7e-/..64 -,/ Q. Did anyone of the parties involved ever approach you after the incident and talk to you about what happened? A. No. Q. Did anyone involved in the incident ever ask you not to report the incident? A. No. Q. Was there anyone else involved in the incident that we have not mentioned as of yet? A. No more Americans. Q. We have information there were four people in the truck with the suspect when he was stopped. Have you heard anything different that the two that you listed early as being with the suspect? A. I heard two from the team guys. Q. Did any ever tell you why they let the other two guys go and keep the suspect detained? A. Because they were going to detain the suspect and the other two guys were not involved with this or believed to be wanted for anything else. The suspect was going to be sent to Bagram. that was the intent. Q. Did theymeaeL,search the truck?6,7c4).4-4/ A. Yes, sPcallilgandOMMUMMEMOOMisearched the truck. Q. Did they find anything significant located within the truck? A. There was a red plastic card that said in Pashtum, "Do Rad Things." We thought that was odd. Nothing else was found in th truck.. b706/74 -Y xhibit: INITIAL, 4,7e-i7; 6 -4/.PAGE 4 OF FOR OFFICIAL USE ONLY Fx1,42, .)_ Li 3148 DOD-DOAC1D000830 191"1"02---6W9- 235-z5-- 1015 -02 01D023- - STATEMENT OF 1111.11.111.111MIND. 6X"qi6e "V TAKEN AT Fort Bragg, NC 28310-5000 DATED 01 Oct 2002 CONTINUED. fir fic-,/,401 Q. Were there any other weapons found in the truck? A. No. Q. Did anyone tell you they had searched the truck prior to the shooting? A. No, no one told me. Q. How were they communicating the suspect? A. There was an interpreter. It was a local national. I don't know his name. Q. Was he there when the shooting occurred? A. I believe. Q. Didegic in. 'e him? A. SPC nd.did. Q. Do'you now t e na e o the person who was killed in the incident on 28 Aug? A. Mohammed something. Q. Do you know the name of the person killed in the May incident? A. Wali ki.. ..;i1,4-4:- Q. Where is. at now? A. I believe t ey are all still in Afghanistan. They are all part of one team so they should all be together. Q. Has anyone from your chain of command contacted you about the incident that occurred in August? A. Yes, MymAgOIS,who was col. ing the report that was sent up by SPCONINWand SSG/SFC.It was nothing formal. Q. When did you get back from g anistan? A. The 16th of September. Q. Do you have anything to add a this statement? A. Nope.///END OF STATEMENT///40. 7C -'6,66-y r-¦4‘" INITIALS PAGE 5 OF 6 FOR OFFICIAL USE ONLY . 149 E x t.,_ `-f DOD-DOACI D000831 35-a5- 1015-02-CID023- STATEMENT OFAIIIIIIIMININIMMINO0h7C -VA44-5/ TAKEN AT Fort Bragg, NC 28310-5000 DATED 01 Oct 2002 CONTINUED. C AFFIDAVIT 1) 47c-q, 44-9- HAVE READ OR HAVE HAD READ To ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE 06. 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 RAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. A7( 1-)/ igna ur.a ing Statement) er. Subscribed and sworn to before me, a person authorized by law to administer oaths, this 01 day of OCT, 2002 at Fort Bragg, NC 28310-5000 67e.9 U-4/ g Oat igna.erson A mini. SA 111111111.1111111.1167C 9) 441 (Typed Name of Person Administering Oath) ARTICLE 136 (b)(4) UCMJ (Authority To Administer Oaths) WITNESS: xhibiL: INITIALS.PC-V/66 PAGE 6 OF -Y. FOR OFFICIAL USE ONLY 150 Ex),/k.C,, 7L Li DOD-DOACID000832 h,r IC T R_ (J\ -c DO D-DOACI D000833 SWORN STATEMENT 01 r Li _03..5_ a 5 Sz - File Number 1 1015-02-CID023- x-4/1 66-4/ Location Fort Bragg, NC 28310-5000 Date 01 Oct 002.Time: 1250 Statement Of: 76 b -V SSN 7c 4.0..76 -.Grade/Status: E7/SFC Org/Address GROUP SUPPORT COMPANY, 3RD SPECIAL FORCES GROUP, FORT BRAGG, NC 283105000 1,76-0f64- I, 11111141MMOMMONINIMINI WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: I was assigned to Fort Bragg in Apr 02, and have been assigned to the Group Support Company, 3rd Special Forces Group (SFG), Fort Bragg, the whole time. In the end of Apr 02, I left for Afghanistan on deployment with various elements of the 3rd SFG. My MOS is 97E (Interrogator), and I deployed with 3rd SFG in this capacity. Once in country, I deployed in theater. From 1 May 02 to 7 Jul 02, I was deployed with C Company, 2nd Battalion, 3rd SFG, at various locations throughout southern Afghanistan. About 8 Jul 02, I was deployed to Lwara Fire Base with ODA's 343 and 341. Lwara Fire Base was located on the eastern border of Afghanistan and Pakistan, between the Paktia and Paktika provinces. There was also an infantry platoon at the fire base with us. My job was to support the ODA's at the fire base by supplementing their patrol strength and provide MI support. About the 28 Aug 02, I was inside the Fire Base perimeter, e ODA 343 executive officer, Chief Warrant Officer came inside the base stating that there was a shooting an that he needed support out at the location_ It was that same day that two new Counter I.ce (CI) Agents arrived to the Fire Base, so myself, SPC , and the two new CI guys jumped in a truck and headed out to the location of ODA 343. They were located not far beyond the perimeter of the base, in a deep river bed that wa.as the main roadway for th.(Team Captain), SFC ,54.. When we arrived, CPT. '(Team Sergeant), 7.(Team Medic) were there. we all called SSG.oc" as he was MOS 18D. An empty local truck was parked on the right side of the river bed. What appeared to be a local national was lying dead on the ground about 15 feet behind where the truck was parked. I'm pretty sure he was lying on his back with his arms at his side. The first thing I noticed about him was that a significant portion of the top of his skull was missing from an obvious gun shot wound. After we searched him, we discovered three or four bullet holes in his thorax area, also obvious gun shot wounds. I could not tell whether the wounds to the front side of his thorax were entrance or exit wounds. Based on information pr :. _s_by the Warrant Officer at the fire base and CPT once a-1 the scene, the local natio7a1 was Mohammed SAYARI. He was suspected of gathering intelligence against the fire base, but his credentials were unknown, or the entity he may have been providing the intelligence to. As I said, this information was provided to me through second and third hind knowledge of the situation. I do know that HUMINT and SI+3INT up until that incident indicated enemy surveillance was keeping close tabs on the movements and operations of the fire base. Just a few days prior to this incident, a local national tribal elder came to the fire base and provided information that SAYARI was in fact collecting intelligence against the fire base. It xhibit: .INITIALS11111,7c-y).PAGE 1 OF . FOR OFFICIAL USE ONLY 152 15 DOD-DOACID000834 1015-02-CID023- STATEMENT OF 1111.1.111111/MOM h/(``ii 46-V 0.3 7 ZS -4./1736. TAKEN AT Fort Bragg, NC 28310-5000 DATED 01 Oct 2002 CONTINUED. was at this time that a picture started to form that SAYARI was most likely conducting these operations. For instance, several local national boys would routinely congregate near the front gate to the fire base; however, after the tribal elder informed us specifically of his suspicions about SAYARI, we identified that the one local national boy who was always watching the front gate was SAYARI's 10 year old son. All this information was evaluated and it was decided that ODA 343 would attempt to detain SAYARI in an effort to determine his intentions. So, on 28 Aug 02, ODA 343 set out from the fire base and set up a vehicle control point in the river bed. I know ODA 343 was looking for SAYARI, but I don't know if that was their sole purpose for the vehicle control point. Vehicle control points were fairly common as a routine team mission. SAYARI's vehicle was stopped by ODA 343 at their control point that day. Again, I witnessed none of this. Upon being stopped, SAYARI and several riders in the back of his Toyota truck got out. The other riders were sent off, as apparently ODA 343 was not looking for any of theM. The team searched his truck and discovered his AK-47 rifle, which was then leaned against the truck while the ODA 343 members were talking to SAYARI. At some point during this process, SAYARI was informed that he was going to be transported to Bagram for furth. _stioning, after which he remain . 1 and waited for SFC.t'o turn his back. Once SFC did this, SAYARI went or his weapon leaning against his truck and was able to retrieve his rifle., .YARI then raised ' ' a threatening manner tow d FC "-softer which SSG shot him (SAYARI). SSG -apparently shot SAYARI once in the abdomen; however, he I) was standing and retaining his AK-47. SFC and SSG then shot SAYARI several more times.4. t know whcimmsrriF SAYARI where on his body after SSG initial shot. When we got to the scene, I helped searchSA 's body and witnessed the new CI guys collect SAYARI's hair and skull fragments for forensic purposes. This was our standard operating procedure for any shooting. I don't recall who took the digital pictures at the scene. I do remember that afterward there was some issue as we did not have the capability to download those pictures, but I don't know what the final outcome of that was. About four or five days later, the sealed box marked for "CID" was released to MP's that were flying to Bagram. That's the last I knew of the box. It was shortly after this, on 14 Sep 02, that I left Afghanistan enroute back to the states. Q: Did you make the remark, "not again," after first learning of the shooting incident? A: T do not recall making that specific.. But I may have made some remark to the effect that SF.had been again involved in a shooting since he had shot t e only other person shot from our fire base. Q: What was that other incident? A: The other incident happened before my arrival. Q: Do you know any details? A: A local national was surveilling US binoculars. He was approached by SFC.'SFC 111111101 and SPC 731‘,1-. , along with some other US an A g an personnel. The ocal national went for his weapon, which I believe was a bolt ,xhibi t :_ INITIALS PAGE 2 OF 9" FOR OFFICIAL USE ONLY 0/2-153 j,,l DOD-DOACID000835 1015-02-CID023- STATEMENT OF 1111111111111MIIIMMEIV676"0 4"( O HY-oz.-44223.- 5 25 TAKEN AT Fort Bragg, NC 28310-5000 DATED 01 Oct 2002 CONTINUED. $7t5, 64r.5- action rifle, and SFCAMOMMOODshot him. Q: Was there an investigation into this incident? A: I don't believe so. I never heard of anything else about it, not could I think of any reason as to why there would have been. Q: What was your knowledge of ODA 343 prior to the incident with SAYARI? A: I worked with them on a daily basis for almost two months. I would characterize them as aggressive and effective. They were more aggressive than any other unit I have worked with, but I never saw them do anything inappropriate to a combat situation. Q: Did any of the SFG members say anything about the shooting, other than what was described above? A: I heard no other comments from any other witnesses to the shooting. Q: At this time, do you suspect that any aspect of this incident, as you know it or have heard, was illegal in any manner? A: No, I don't and didn't think it was anything other than a righteous shooting. I know myself and others made a few remarks initially after the incident in question as to what occurred; however, this was merely "monday morning quarterbacking," and completed unsubstantiated and unfounded. Q: Do you know who the local personnel were that were in the back of SAYARI's truck upon .ng stop ed? A: I was told by either SFC.' or SSG.that they were local civilians, and at least one "AMF" (Afghan Military Force) member, who they would have recognized from training him at the base. Q: Do you know the AMF member's name? A: No. Q: Were there any attempts by members of the fire base to cover this up? A: None whatsoever. To the contrary, ODA 343 immediately sent for a local tribal leader and expedited the search of SAYARI's person in order to turn over nis corpse and possessions to his tribe as soon as possible. Q: Is there anything else you wish to add to this statement? A: Yes. After the shooting, there was a marked decline in SIGINT activity and no further attacks on the base. This indicates that whatever enemy activity was going on was directly related somehow to SAYARI. Also, several local national workers expressed thanks to us for killing him. I believe this is due to his (SAYARI's) reputation as a murderer and thug amongst the members of his own tribe. This was unusual in a society in which tribal ties'are far more important than legal or national loyalties. Q: Anything else you want to add? A: No.///END OF STATEMENT/// PAGE . .xhibit :_ INITIALS 1111116 7t• 16 AZ -S/.3 OF FOR OFFICIAL USE ONLY 154 r_-_-,y-t,,h,71 7 5- DOD-DOACID000836 tier 1015-02 -CID023 -STATEMENT OF IMIEINISIBIMIIM ii 74-411 f D /9 --o z.`1-2 z TAKEN AT Fort Bragg, NC 2 8 3 1 - 5 0 0 0 DATED 01 Oct 2002 CONTINUED AFFIDAVIT 472:-Y/06d1 HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE 04. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. u1'64-51 Subscribed and sworn to before me, a person authorized by law to administer oaths, this 01 day of OCT, 2002 at Fort Bragg, NC 28310 -5000 I 6745 /4 4 -/ istering Oat na ure o erson. SA 1.111.11.11111, Pc-6 ho-/ (Typed Name of Person Administering Oath) ARTICLE 136 (b) (4) UCMJ TAuthority To Administer Oaths) WITNESS: 474-4,)66-/ . .xhibit: .INITIALS PAGE 4 OF 9 FOR OFFICIAL USE ONLY. 155 4,, 6, DOD-DOACID000837 j ROI NUMBER AGENTS INVESTIGATIVE REPORT 0114-02-C10369-23525 CIO Regulation 195-1 PAGE 1 OF 4 PAGES DETAILS. 741/.7 4' 0----.b7C, -3) B4 ' At 1045, 14 Oct 02, SA_intervie ed jill¦likwara, Afghanistan (NFI), with the assistance of interpreters, Mrlanl1), both assigned as interpreters at Lwara Fire Base, Afghanistan. Mrlstated he was working at a hotel in Pakistan at the time of 'g ..ipiniew, but he lived with Mr SAYARI when he was still alive. Mr SAYARI was intending to hire Mras a driver if Mr SAYARI could succes 11y lease his Toyota Hilux, truck to the Lwara Fire Base. A 11t1No, the day of Mr • 3 SAYARI's death_could not recall the 19 , §AYARI was hurrying Mrlbecause he wanted to go to the fire base. Mr SAYARI said that was going to . e '_s Hilux0wanted to meet that day. The two of them drove to e_ ate Fire Base Lwara and met with was checking the Hilux and Mr SAYARI was tellinglialiko ctieck the interior of the truck. About that time r, yehicles full of .) _ -.g 0.., hey anti were talking excitedly t e soldiers. wide/. ey had to leigiiii SF soldiers pulled up irigin.ii l -2 3-6-3. -s) 414 -.. r -.-3 a hula:104T off._mmediately became agitated and angry lnsisted Mr SAYARI and Mr leave rushed them talking angrily and shooing them with his hands, telling them to come back later. Mr SAY_s ill wanted to go inside the fire base and talk about renting litiLtruckr the SF soldiers at Lwara Fire •.-5. • ibb - Base._nsisted e 1 a e and come back later to talk about itaddiwan ed them to leave immediatjely. _..y-Mr SAYARI told to leave with him fearing there would be an attack from the wayeafAS acting. They then got into Mr SAYARI's truck and drove away. They were going back to Mr SAYARI's house; which was in the opposite direction that the two vehicles full of SF soldiers went. At the bottom of the hill leading away from the fire base gate they stopped at the Afghan checkpoint and some men wanted to pay Mr SAYARI to take them to different places up the same road the SF team had gone. There were three men wanting to pay to go to the bazaar at Zangee Adda. Mr SAYARI charged them 100 Pakistani rupees for the trip and decided they would pick up some tea and sugar from the bazaar that they needed at their home as well. One of the men was an Afghan Military ForceesTVF) soldier, the soldier's brother an anotlpman they did not 4'3 - ICnow. The AMF soldier's name wasiiise•TFI) and his brother's name was_I). The men started up the road toward the Zangee Adda bazaar talking and listening to music. As they drove around a turn in the riverbed they saw one of the SF vehicles blocking their path and two men pointing rifles at them and motioning them to stop. Then fo _F soldier ina them all get out of the truck and stand in a straight line in the middle C."..).3 of the road. Only_d_ad a weapon. Both had their AK-47 rifles, but left them in Mr SAYARI's truck w 9Agiey got out of the vehicle. Mr SAYARI and the other individuals in the truck di 41 0 _view there was one weapon in the truck, because Mr SAYARI told him about M have weapons weapon being in the truck at the gate to the fire base. Everyone was earckfd k After they searched Mr SAYARI, he w to d tosit on a rock on the far side of the road. _ went into Mr SAYARI's truck and took ou -47 rifle, gave it to him and tol xhirpbpsjeave by motioning with his hand and saying "` o" loudly and pointing in the direction of the bazaar _ppeared very angry and said "Go quickly!" Mr 31 -5 iiltio r iiiiii. — xplained all of them understood this simple English. fon.5 rifle and went 9v. little ri allt 645-_ L-.). •T g3 out of sight._ysr removed the magazine or cleared the weapon _just gave it t_Then obtained Mr_AK-47 rifle from the truck and removed the 40 round magazine and cleared the round from TYPED AG_NAME AND SEOLIENcE NUMBER ORGANIZATION 87th Military Police Detachment (ABN)(CID), 3` a MP Group Special Agent Pc-/)/4-/ Camp Stronghold Freedom, APO AE 09311 SIGNA CATE EXHIBIT 18 Oct 02 CID FORM 94-E R OFFICIAL USE ONLY On 45 ECTTvE MARKTNG IS EXCLUDED FROM AU 0 , ATIC TERMINATION 'Para 13, AR 34046) (When Data Is Entered) Z76 -/j/)ly• PRO L/ DOD-DOACID000838 A r . ROI NUMBER AGENTS INVESTIGATIVE REPORT 0114-02-CID369-2 3525 CID Regulation 195-1 PAGE 2 OF 4 PAGES DETAILS i7C '5,tb6 - 5.— the chamber...I took the w on his vehicle, went inside the vehicle, andsk*l.another magazine from inside the vehicle. He left magazine in the vehicle. The magazine illli got from the vehicle 04.1,6i:3 contained black tipped rounds of the type Imo to esased by Al Qaeda members in their ...ns. Mr111/1111 . 136 3 magazine did not have th ses3_rounds in it_en put that magazine back into Mr., weapon and chambered a round. Mr_protested loudly askingellIgnofto load his weapon. Mr 12not want the weapon loaded when it was given back to him as a _ not viirgEyorie to think he had any hostile intent toward thOrjoldiers when he left with it. _askediftgrar tis weapon to be returnd t2 4him, b refusedadlEitd the other passengers to leave and they went off ititriwnedirection asCrM • WA-5- aritgIN weapon prior to leaving and when he asked for it againlpointed tlliotted weapon at Mr to leave 9vve116.as 4 stomach and said, "Go! Hurry!" Mr SAYARI got up pus ed him in the chest and directed him to sit back on the rock at the far side of the road. Maillobecame concerned at this threa o 66-3 and departed in the same direction as the others. When he looked at Mr SAYARI as he left, _his person could see that Mr SAYARI was very scared and the fear was apparent on his face. Mr SAYARI was searched jiiw previously and had no weapon. One of the other soldier's was leaning on the front of Mr SAYARI's truck with holding a M4 rifle in the other hand, keeping the weapon trained on Mr SAYARI. emplaced Mr Ak-47 rifle on the front of Mr SAYARI's truck where the man was standing. There were no interpreters, AMF or other Afghans present with the SF soldiers. Mr S _was seated on the rock, rocking -3 iikt back and forth with his head in his hands. About two minutes after 0 _was out of sight of the SF soldiers AAYARI over the rise, he heard gunfire. At that point Mbegan to run away from the area. Mr fiought thLatih heard one burst of about 3 or 4 rounds. Walking in the vicinity of the incident e n xxt 3 morning,_Mdialign"count ered 3 or 4 young Afghan girls who were walking away from where ast saw Mr SAYARI. hey had 6 pieces of American brass from a M4 rifle round in their hands. Theywse_ j their way to sell the brass after putting it with brass collected from other locations. T6 iris told Mr_rey _ picked up the brass right next to a pool of blood w _ks,SAYARI was killed. ML_advised the entire tribe knew of the killing almost immediately._aid he recognized the black tipped bullets as those used by Al Qaeda he saw them at an Al Qaeda checkpoint before the Americans came to Afghanistan, and became familiar with the fact that the Al Qaeda members used that type of arrulei . n known to them as destructive bullets. It w_c ar where that analogy came from and neither Mrlor the interpreter could properly explain._tated Mr SAYARIwas definitely not an Al Qaeda member or sympathizer. Mr SAYARI and the entire tribe to whichl, '3d Mr SAYARI belonged, hated Al Qaeda and the Taliban with a passion. One time the Al Qaeda burned Mr SAYARI's vehicle and beat him severely at one of their checkpoints. This act assured that Mr SAYARI thereafter considered Al Qaeda a "big enemy". Mr SAYARI later captured one of the Al Qaeda members that cut his truck tires and burned it. Mr SAYARI kept him captive until Al Qaeda promised to buy him a new truck. Then Mr SAYARI let the Al Qaeda member go free. The Al Qaeda members did not complete their end of the bargain. Mr SAYARI then sent word to the Al Qaeda members that he would shoot at their vehicles whenever he saw them and kill any Al Qaeda members he found TYPED AGENTS NAME AND SEQUENCE NUMBER opcANizArioN 87th Military Police Detachment (ABN)(CID), 3r° MP Group Special Agent_ 6x-/,1a4-/ Camp Stronghold Freedom, APO AE 09311 SIGN DATE EXHI BIT 18 Oct 02 CID ORM 94-E OR OFFICIAL USE ONLY 1 Oct 95 ECTiVE MARKING IS EXCLUDED FROM AUTOMATIC TERMINATION (Para 13. AR 34046) (When Data )s Entered) 157 DOD-DOACID000839 ROi NUMBER AGENTS INVESTIGATIVE REPORT 0114-02-c10369-23525 CID Regulation 195-1 PAGE 3 OF 4 PAGES nETALs in the area controlled by his tribe, the Pepelayu. The Pgpelaa ntrotled an area comprised of about 17 villages in the vicinity of Schkin and Lwara, Afghanistan. Mr _andfir_ SAYARI lived in anothe a uring that •3 time and the Al Qaeda came and rocketed their homes and village. The Al Qaeda killed cle in a separate incident. They then fled to the Lwara area. Sometime after that the Americans came to anistan. -5 Mr SAYARI had a "big quarrel" with the AI Qaeda members. The interpreter explained that eant this was like a "blood feud" and Mr SAYARI would ever er co isler any Al Qaeda or Taliban his sworn enemies. The Al Qaeda and Taliban are the enemies of M_r SAYARI, and all of the tribes in the Lwara/Schkin area of Afghanistan. If the Pepelayu tribe found any of the Al Qaeda or Taliban they would arres or kill them. After the Americans bombed Kabul, Mr SAYARI set up a checkpoint and sent word to the Al Qaeda and arban not to come to his area. Mr SAYARI told them they were his enemy and he would kill 3 them. M_was adamant tha_ARI had no intention to follow the SF soldiers after he was forced away from the gate at Lwara b _SAYARI was going to his house in the opposite direction until he ,-- . -picked up paying passengers going in that direction. There were only a couple directions of travel right as you leave the gate of the fire base. It was only natural that many people had to travel the same direction, at least for awhile. Mr SAYARI liked the Americans and the SF soldiers very much. He wanted to renti rsigsk to the SF soldiers. Mr SAYARI would make more money from that than using his truck as a taxi. Mr _tailed the distance from where he last saw Mr SrilYARi4.1 seated to where his weapon was on the front of Mr SAYARI's jr 3 truck was about 15 to 20 meters. M tustrated by stepping off a similar distance for SAIMMand the .67c-7..4.41 distance was about 15 to 20 meters._ Azc deki At 1230, 14 Oct 02, SA interviewed Dr wara, Afghanistan (NFI), as a spokesman for all of the elders of the Pepelayu uent in the English language and relayed all answers from the tribal elders to S without identifying any of them, except Mr SAYARI's father and son, and his brother. id not identify them by name. Only by their relationship to Mr SAYARI or himself. D sed that he had helped to wash Mr SAYARI's body 6-3 after his death and help prepare it for buri 1 stated Mr SAYARI was buried in the clothing he died in as this was the custom of the tribe. Dr remembered a wound; that appeared to be an exit wound, just below the bottom edge of Mr SAYARI's throat on the chest and slightly to the right. The wound was about as big around as his middle finger (appeared to b about 1/2 to 5/8 of art inch in diameter) and had rough edges curled out away from the wound. Dr pot see and could not remember any other wounds as they did not remove Mr SAYARI's clothing. Dr wanted to make it clear that he could not say as an expert that the wound was an exit. The entire tribe knew Mr SAYARI to like the Americans and SF soldiers and no one knew of him bearing any ill will toward them, or Mr SAYARI wanting to harm them in any way. Mr SAYARI was very happy that the Americans had come to Afghanistan and freed it from the grip of Al Qaeda and the Taliban. Mr SAY_ted _both with a passion. Mr SAYARI's father and most of the tribal elders confirmed what Mr_elated about Mr SAYARI's hatred for the Ai Qaeda and the Taliban. They TYPED AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION 87th Military Police Detachment (ABN)(CiD), 3' MP Group Special Agent Camp Stronghold Freedom, APO AE 09311 SIGNATURE DATE EXHIBIT 18 Oct 02 L7/ CID FORM 94-E 1 Oc! 95 FICIAL USE ONLY ROTECTIV MARKING IS EXCLUDED FROM AUTO T.ERmINATiON (Para 13, AR 340.16) (When Data is Entered) 158 DOD-DOACID000840 RO1 NUMBER AGENTS INVESTIGATIVE REPORT 0114-02-CI D369-23525 CIO Regulation 195-1 PAGE 4 OF 4 PAGES DETAILS confirmed_account of the incidents with the Al Qaeda members burning Mr SAYARI's truck and beating him; attacking the village with rockets; their flight to the area they now lived; and that Mr SAYARI had a very deep hatred for both groups. Mr SAYARI's father stated that Mr SAYARI did kill his cousin many years, ago over a dispute for ownership of a field. Both men were engaged in a heated argument when Mr SAYARI killed the man. Mr SAYARI left the area after that and had not murdered anyone since that time. It was an unfortunate incident and both men were hot tempered when younger. Mr SAYARI had 5 children and the oldest was a it _4ears of age. Mr SAYARI just wanted to make a living and sold fruit when it was in season. D_xpressed the tribes belief that it would be very out of character for Mr SAYARI to follow SF soldiers and report their activity to the Al Qaeda or the Taliban. They were his enemies. Mr SAYARI would not harm Americans or seek to cause them harm. Mr SAYARI was very happy the Americans were in Afghanistan and felt the Americans were in AfgbsisKV9 help, not to occupy and support a puppet _government like the Russians did before. Dr41/111111andihe tribal elders had nothing further to relate -pertaining to this investigation1/0////////////////////////LAST ENTRY/111111111111111/111/111/11111 TYPED AGENT'S NAME AND SEOUENCE NUMBER ORGANIZATION 87th Military Police Detachment (ABN)(CID), 3r d MP Group Special Agent Camp Stronghold Freedom, APO AE 09311 pc--// 6-/ . SIGNA DATE EXHIBIT 18 Oct 02 . Li cm FORM 94-E FFICIAL USE ONLY Oct 95 FIVE MARKING IS EXCLUDED FROM AU TIC TERMINATION (Para 13, AR 34416) (When Data Is Entered) 159 DOD-DOACID000841 4.41 kJ.. 14:41." 01/4/-0C_//936 1- 5 5-as- ROi NUMBER 1130-02-CID023 AGENT'S INVESTIGATIVE REPORT CID Reg ulati an 195 -1 Page 1 of Il Pages DETAIL.% BASIS FOR INVESTIGATION: On 23 Oct 02, this office received a Request for Assistance from the 87th Military Police Detachment (FWD), Uzbekistan APO AE 09311, pertaining to a murder investigation being conducted by their office . COORDINATION WITH THE GROUP JUDGE ADVOCATE: -f ,.-I About 1040, 4 Nov 02, S_ Fore sic Sci c Officer (FSO), 3` d MP Group CID, Fort Campbell, KY and SA _ et with CPT_ Group Judge Advocate, 3 rd Special Forces_borne), Fort Bragg, NC 28310, and discussed the pending as requested to provide all pertinent inquiry documents in his investigative activity. CPT _ possession. 67C-b114/ About 1000, 5 Nov 02, SAIIMINIMand SA met with CP-imming who provided copies of Commander Inquiry documents pertaining (Enclosure 2) to both shooting incidents in Lwara, Afghaniitan. COLLECTION OF EVIDENCE: Between 1310-1430, 4 Nov 02, S_ oordinated with SG_X- -?'/2't-_nit Armor, and seized as evidence twelve M4 rifles asst e to ODA 343, A Company, 2/3 rd Special Forces so collected original issue documents Group (Airborne), Fort Bragg, NC 28310. S _(Enclosure 3) pertaining to the weapons. The collection of the weapons and documents was recorded on an Evidence/Property Custody Document, Document Number 650-02 (Enclosure 4). AM-7/ 3 oordinated with SG_ and seized as evidence About 1510, 5 Nov 02, S_ the twelve M9 pistols assigned to ODA 343, A Company, 2/3` d Special Forces Group (Airborne), Fort Bragg, NC. The collection was recorded on an Evidence/Property Custody Document, Document Number 651-02 (Enclosure 5). Agent's Comment: The twelve M9 pistols were subsequently returned to the unit. It was determined the pistols would not be needed for laboratory examination. TYPED AGENT'S NAME AND SEQUENCE NUMBER z ORGAN%EATION 87 th MP DET (C1D)(ABN), USACIDC Fort Bragg, NC 28310 DATE o up& 10 December 2002 •., CID FORM 94-E For Official. Use Only_ 160 0013-DOACID000842 rut vittcudi use um)/ z ROI N1.1MBER _ AGENT'S INVESTIGATIVE REPORT 1130-02-CID023 CID Regulacion 195-1 Page 2 of 11 Pages DE-al LS COORDINATION WITH THE U.S. ARMY CRIME LABORATORY. On 8 Nov 02, Mr._ Evidence Custodian, this office, delivered the seized firearm evidence to the U.S. Army Crime Laboratory, Forest Park, GA. The evidence was accompanied by a DA Form 3655, Crime Lab Examination Request (Enclosure 6), which was prepared by SA IONNEMI ,476'454-/ 676-644iV On 13 Nov 02, SAMIONMInreceived confirmation (Enclosure 7) of receipt of evidence from the U.S. Army Crime Laboratory. The submitted evidence was being processed under expedited conditions. Asti 4,z4,j4 bout 1600, 15 Nov 02, S and S_ re contacted by Mr Firearms Examiner, USACIL. Same stated SF _r weapon was the one that fired the expended bullet and cartridge casing recovered from the crime scene in Lwara. Mr.611111111111157?-,w-g requested the weapons be retrieved as soon as possible and the Lab Report is forthcoming. C 472, 1 Fember 02, SAIiilla /_iireceived USA= Lab Report (Exhibit 8) which reflected SF weapon was the one that fired the expended bullet and cartridge casing recovered from the crime scene in Lwara INTERVIEWS OF ODA 343 PERSONNEL: MSGaraiiiii. ODA 343, A Comp y 3 rd Special_up (Airborne), Fort 28310: About 1050, 6 Nov 02, SA _d_'nterviewed MSG who was the Team Sergeant for ODA 343. MSG_eported he was present at Firebase Lwara when the first shooting occurred in Jun 02., but was home on emergency av when the second shooting occurred on 28 Aug 02. Regarding the first shooting incident, MSG _reported that he was on the camp when reports came in that there were three male local Afghans who were observing the act'vity • f he camp using a pair of binoculars. One of the individuals was_c_ng a weapo n._, related that a group of soldiers from the camp, including SFC _and SSG_were enroute to the firing range when the notification went out that the camp was being observed. The group of soldiers, all riding in a government _diverted from the firing range and drove out to where the individuals were reported to be. MSG _heard the shots fired from his location and knew they were American by the sound of the shot. He then quickly walked out to the scene on foot after he heard the shots to ensure AeAc_9 was all right. When he arrived at the scene, he was told by those there what had occurred. MSG_didn't recall who precisely told him, but it TY P En AGENT'S RAKE AND SEQUENCE NUMBER ORGANIZATION 87th NIP DET (CINABN), USAC1DC 67e-iiit'li.A Fort Bragg, NC 28310 sIallASURZ DATC ENCLOSURE 46 X/i it -- 10 December 2002 Li CID FORM 94-E _ For Official Use erily 1 6 - ,, :-t.J­ ..tmaitstrAilikoSONSONSISINOMMORW4AolooKa04461 DOD-DOACID000843 ror urnciai use urily_ - 0119-0z -C/p364—Zs-Cz4-_ ROI NUMBER AGENT'S INVESTIGATIVE REPORT 1 130-02-C1D023 CID Regulation 195-1 Page 3 of Il Pages DrouLs was reported that the local, who was _' p weapon slung over his shoulder, would not comply withAwes by the group. As SFC_approached the man, the man kept ap _hitigISFC and reached over and began to raise his weapon. When he did _C_Fired one round hitting the man_er ass, apparently killing him instantly. SSG _ team medic, g informed MS_he man was dead. According to MSG_ was v_t — over the incident appearing physically and emot . . _• istraught. MSG_alked SF away from the scene and consoled him. MSG7,, comforted SF_.y telling him he did tmoz-Y's_ the right thing under t_stances. MS_felt this incident was a justified shooting given the situation. MS_ ft Firebase Lwara around 30 Jul 02 and returned to CONUS on emergency le_S_ ecalled the first he heard about t _ec. td shooting in Aug 02, was through SS_who was still at the Lwara at the time _ was unsure when he was notified and only vaguely recalled that it was through SS r t •_rjt learned of it. He recalled being told that the incident was under investigation. MS I _related thatipt9pa week or tw efor t,e team returned to Fort Bragg, he learned that the shooting involved SFC _and SSC_After the team returned, he Learned that the man that was shot had been following the team while they were outside of the camp and that when the team stoppe i t checkpo _h raised a weapon towards members of the te _as he knew, engag t e min and sh h . .9.d. MSG far elieved SF_ CPT "sand SS_were present when the incident occurred. MSG _never heard of anyone else being there. He never asked any of the team me _ s y,,details of the incident, nor had he asked those involved to "sketch-out" what occurred. MS _had no reason to suspect this incident was anything other than a justified shooting. Adalllop_ 7 e -atta ay,A6-9/ About 1015, 7 Nov 02, S_and S_nterviewed SSG 1111.11111110DA 343, 2/3 rd Special Forces Group (Airborne), Fort Bragg, NC 28310, who provided a sworn statement (Enclosure 9) detailing his knowledge of both shooting incidents occurring outside Firebase Lwara during his deployment there. 67C-Y a--4/ About 1015, 12 Nov 02, SAIINIMIlk dvised SSGIIIMII110.11.11111.0DA 343, A Company, 2/3rd Sp ..lrtes Group (Ai_), Fort Bragg, NC_. , f.1,is legal rights, which he waived. S and S_ interviewed SS_who provided a sworn statement (Enclosure 10) detailing his knowledge of the shooting incident which took place on 28 Aug 02 in Lwara, Afghanistan. About 1416, 12 Nov 02, S_advised CW2 ODA 343, A Company, 2/3"j Special Forces Group (Airborne), Fort Bragg, NC 28310, of his legal TypaD AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION 87th MP OFT (CID)(ABN), US ACIDCAS 76'/) gi 4, 2--Fort Bra:: NC 28310 DATE. SIGNAZISIS ENCLOSMUL h7C-/ 46- 10 Deci 7 cember 2002 CID FORM 94-E For Official Use Only 162 • DOD-DOACID000844 I L., J. \-1 LI./ 1 _:4117Q//4 -01 -C-Jt7 76 — L 3 5-z..5"- ROI NUMBER AGENT'S INVESTIGATIVE REPORT 1130-02-CID023 CM Regulation 195-1 Page 4 of 11 Pages DET.A.11.5 c-4, 661.47tV,6 6-/ rights, vvh . .c 9waived. SA_and SAIIIINIMIsubsequently interviewed CW2 aho provided a sworn statement (Enclosure 11) detailing his knowledge of the shooting incident which took place on 28 Aug 02 in Lwara, Afghanistan. h7G-s,..64 ----Agents Comment: On 14 Nov 02, CW2 INIMIIIIP was afforded the opportunity to undergo a polygraph examination. See MFR (Enclosure 12) 67t-I 6 4 -/ On 13 Nov 02, SA oordinated with MAJimaigilios,_der A ••5l COM an /V Special Forces Group (Airborne), F Br _NC 28310, for CPT :;/ SSG_to be intervie_t ' ffice._ubsequently contacted SA and reported neither CPT _nor SS_ere going to be interviewed at the CID Office because bottigiriked coup e tlghihe Trial Defense Service. Additionally, MAJIMIIIIPc -4/4e----1 related SFC_and SSG_also retained counsel and refused to be interviewed by CID personnel. AIL/4kt. About 1145, 14 Nov 02, SA =11.1111Pnterviewed SSG _ODA 343, A Company, 2/3" Special Forces Group (Airborne), Fort Bragg, NC 28310, who provided a sworn statement (Enclosure 13) dela knowledge of the shooting incident which occurred during Jun 02 at Lwara, Afghanistan. SSG_as not in Afghanistan at the time of the second shooting due to him returning to Fort Bragg on emergency leave. 47c-e/ /5t-.% About 1145, 14 Nov 02, SA_ dvised SFC MINIMMONIMPIMIIIIINNIIIP ODA 343, A Company, 2/3" Special Forces Group (Airborne), Fort Bragg, NC _ _his legal rights, which he waived and provided a sworn statement (Enclosure 14). SF _as present at Firebase vi both shooting incidents occurred; however, he denied being present at either shooting. SFC as not aware his teammates were leaving the camp on 28 Aug 02 to conduct a checkpoint operation. He was in the team tent while his to _a e 4ere preparing to leave, but they told him they were going out on a civil affairs mission. SF _enied having any knowledge of wrongdoing by his teammates. INTERVIEWS OF ODA 341 PERSONNEL: Goadiaiy ,64-y About 1050, 5 Nov 02, SAM1117"‘-and SA_IIIIIIIII.¦interviewed SS 111.1110-1" 11.11.11111PODA 341, A Company, 2/3" Special Forces Group (Airborne), Fort Bragg, NC 28310, who provided a sworn statement (Enclosure 15) detailing . s .knowled ge of two shooting incidents occurring 1 in the vicinity of Firebase Lwara, Afghanistan. SS eported he was present at the first TYPED AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION 87`h MP DET (CID)(ABN), USACIDC IMIMIMIIIIIIIIF 47(-1, 4 t-,4 ,b •) Fort Bragg, NC 28310 szGakTuRz MCLosURX PX 2 4 10 December 2002 1 7 CID FORM 94-E For Official Use Only 163 e•.O¦ WMUMaLiSts1 A• AIMIIIMINIMOMML"MI DOD-DOACID000845 A Vl Ulr1..4N4 C)// 1" -oz z 4"Fz c- ROI NUMBER AGENTS INVESTIGATIVE REPORT 1130-02-0D023 CID Regulatlon 195-1 Page 5 of 11 Pages DETAILS shootin_t,i,,,g in Jun 02, but was not present for the second shooting. Regarding the first shooting, SSG.recalled that around 1600 local time, he and five others were driving toward the firing range when they received a call from the camp rep : g hire was a man, and .¦a_pthesr.s, watching the camp with a pair of binoculaidaepted S .was driving. SFC.as in the passenger seat, while SSG , SS.and two others he believed to be counterintelligence personnel sat in the back compartment of the vehicle. When they arrived at the scene, they discovered an older man carrying a rifle slung over his l s o kip with the muzzle down, but there was no sign of the binoculars or other ..R .edly, SFC was the first out of the v.. vehicle and began to approach the man. SSG .said he called out in Pashtun for the man to put his hands in the air, to which he did n t .1, Comma s reqntinued towards the man, including a warning shot in the ground by SFC.As SS.turned to jump out oft v • 1 the 1.,,, man reached across his chest with his right hand towards his weapo . By t tivie SSG turned back around, the second shot already rang out. When SSG .atTproached the man on the ground, .t'ced the man had a wound to his right arm and a wound around center mass to the front. SSG.idvn't see the full motion of the man's hand, but maintained that the man was not complying with any of the commands. Adiigcal . _a2L. About 1100, 5 Nov 02, S.and SAd ¦hinterviewed CPT flalligii . ODA 341, A Company, 2/3' d Special Forces Group (Airborne), Fort Bragg, NC 28310, regarding his knowitaiitic shooting incidents which occurred in the vicinity of Firebase Lwara, Afghanistan. CPT elated he was one of the individuals which had setliagasekwara and had utilized Mr. SAYARI on several occasions in completing this task. CPT matted he had read all the initial statements of the second shooting as he was the firebase Commander t t eiime and he was responsible for notifying his Chain of Command of the shooting. CPT .rther stated .not, S at the scene of either incident and could only relate what he ha .e statements. CPT.also stated he had not disc e . e econd incident with CPT .the only other 0-3 at the firebase at the time. CP s rther related on the day of the second incident he spotted Mr. SAYARI at the front gate of the firebase and radioed this inform'o ack to the communications center as his team (ODA 341) was head out on a mission. CPT .4:5mmented he did not know anything had occurred until several days later when his team returned from their mission. igatifeirr,3 ilidaiiWiso Agent's Comment: Subsequent coordination with CPT .evealed SFC who was at Firebase Lwara at the time of the first shooting, was currently at Walter e d ., dical Center forksk d 1 surgery. The three emai ' g embers of ODA 341, SFC . SSG. and SGT. ere not present at Firebase Lwara during the incidents under investigation. TYPED AGENT • S NAME AND SEQUENCE trubibut ORGAN' ZAT ION alMNIIIIIIIIIIIIW6x./)Z4-b G2) 87th MP DET (CEDKABN), USAC1DC Fort Bragg, NC 28310 sicavairas SATZ 1:14csos SUPT firZ X :14‘—/ 10 December 2002 Li 7 CID FORM 94-E For Official Use Only. 1 Fj • ' 6.0bk. AL+14-•.• J4. -'41YAMSML4%".4%e-W-64 ¦145044.1ia 441 . DOD-DOACID000846

Doc_nid: 
2309
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66