CID Report (Death): 0149-03-CID469-60209

DEPARTMENT OF THE ARMY 43RD MILITARY POLICE DETACHMENT (CID)(FWD) 10TH MILITARY POLICE BATTALION UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND OPERATION IRAQI FREEDOM APO AE 09323-2647 23 Nov 2003 CIRC-AB MEMORANDUM FOR SEE DISTRIBUTION SUBJECT: CID REPORT OF INVESTIGATION — Final (C) - 0149-03-C113469-602 09-5 HIA DATES/TIMES/LOCATIONS OF OCCURRENCES: 1. 11 Sep 03/2315 — 11 Sep 03/2320; Grid 38S LD 79352220 (Detainee Collection Point), Forward Operating Base Packhorse, Tikrit, Iraq. DATE/TIME REPORTED: 15 Sep 2003, 1600 (0 C4INVESTIGATED BY: SA M; SPC, SUBJECT: 14 Black; D Company, 4 th Forward Support Battalion (FSB); 4ID, Forward Operating Base (FOB) Packhorse, Tikrit, Iraq, APO AE 09323; [Murder] VICTIM: 1. RADAD, Obeed Hethere (Deceased); CIV; Detainee Number 0019; Ad Dwar, Iraq; M; Other; Detainee Collection Point, FOB Packhorse, Tikrit, Iraq, APO AE 09323; (NFI); [Murder] INVESTIGATIVE SUMMARY: This is an "Operation Iraqi Freedom" Report of Investigation. This office was notified by the by the Staff Judge Advocate, 4ID, Camk on Horse, Tikrit, Iraq, killed by SPC APO AE 09323, Mr RADAD, a detained Iraqi Local National, was shot \4 b6P6q -• committed the Investigation established probable cause to believe SPC4 offense of Murder when he failed to follow proper procedure while performing detainee guard duty and fired his M16 rifle at Mr RADAD, killing him. STATUTES: Article 118, UCMJ: Murder EXHIBITS/SUBSTANTIATION: 0000001 7C b 01054 CIRF-OP SUBJECT: Operational Fv.view of 0149-03-CID469-60209 b. Three witness statements and SPC11111111111111111ronfession durin the 15-6 b`.2g./ t (without rights advisement) substantiated the CID investigation and 15-6. SPAWN. equested a lawyer when advised of his rights by the unit and CID. c. The delay in reporting prevented the recovery of forensic evidence, specifically: 1. the projectile was not recovered from the deceased nor the scene (although agents did conduct a CS exam upon notification) 2. no autopsy was conducted of the remains 3. the M16 rifle was not collected as evidence. 4. Subsequent to the case review, I discussed with the former SAC why the rifle was not collected as evidence. The former SAC responded that the rifle was not collected because there was no projectile to compare it to. I explained fingerprint evidence could have been a key to the investigation since the subject confessed without rights advisement, which would have meant, if this had gone to court martial, the confession would have been thrown out. Further the witness testimony could have been under question by a good defense attorney. Fingerprint evidence would have supported the events under investigation (and possibly only his fingerprints on the weapon verses the defense tactic "it wasn't my client and someone else"). The former SAC rebutted by saying the subject's prints would have been on the weapon anyway, since it was his assigned weapon. 5. The issues addressed in paragraph 4 above will be addressed in training during the upcoming staff (site) assistance visits. 6. Although not completely thorough (i.e. collection of the weapon for fingerprint analysis) this ROI will be NOT be reopened as further investigation would not change the outcome of the investigation. The subject received non-judicial punishment for the offense and is no longer in the military. 7. POC for this action is the undersigned at DSN: 738 4Comm: (254) 288.1tor email:MitaI ho od. arm y. m4 6625 b7c bi&z5" vy Yr Battalion Operations Officer DRAFT '2 :1 oiosi DEPARTMENT OF THE ARMY I IT" MILITARY POLICE BATTALION (CID:6T11 MILITARY POLICE GROUP (CID) P.O. BOX V FORT HOOD, TEXAS 76544-0740 REPLY TO ATTENTION OF CIRF-OP 19 May 04 MEMORANDUM THRU Commander, 6th Military Police Group Fort Lewis, WA 98433-9500 (CID), ATTN: CIRF-013, Mail Stop #84, Box 339500, Commander, 3 rd Military Police Group GA 30297-5119 (CID), ATTN: CIRC-013, 4699 N. l s' Street, Forest Park, FOR Commander, USACIDC, ATTN: 22060-5506 CIOP-COP-CO, 6010 6th Street, Fort Belvoir, VA .,-4 SUBJECT: Operational Review of 0149-03-CID469-60209 1. On 17 May 04, this office received a Request for Investigation(0212-04-CID Headquarters, USACIDC, via 3` d 4f Military Police Group (CID), Forest Park, GA 001), to conduct an operational review of all detainee deaths and other crimes against detainees by U.S. Military personnel during Operation Iraqi Freedom (OLF) and Operation Enduring Freedom (OEFi)' 2. On 17 and 18 May 04, the undersigned conducted an operational review of referenced Report of Investigation to the above determine if initiated on 15 Se 03.4 p When the 43 rd it was operationally sufficient. Tliis ROI was MP Detachment (CID), Ft Hood, TX was re-deployed From Tikrit, Iraq, they brought the case file back for Ft Belvoir, VA. The case4 distribution to Crime Records Center (CRC), regulations. file is maintained at the Ft Hood RA in accordance with applicable 3. This investigation was i ated u on noti was shot and killed by SPC4 in e Mr. Obeed Hethere RADAD was closed as a final(C) un er the provisions On 23 Nov 03, the investgaton H i i on CIDR4195-1, chapt 4-4 , 17(6) SAC rero ative). on 20 Nov 03, coordination with SJA revealed on 12 Nov 03, SP was reduced to El and received a Chapt 10 discharge in lieu of court martia ollowing information was extracted during the review: a. CID was notified of the incident after a 15-6 determined SPCnot follow regulations governing the use of deadly force the fact. . The notification occurred 4 days after 2 0 01080 CIOP-COP-PO Operational Memorandum 006-04, Forwarding of Original Case Files Pertaining to Detainee Abuse/Death Investigations 22060-5506, where it will be retained. A copy of the case file should be retained by the CID element JAW the above references. 5. Further, the original case file, including any Agent's Notes, of all previously closed CID Actions concerning allegations of the abuse of detained persons by U.S. military and contracted personnel or the death of a detained person will be forwarded immediately to Director, U.S. Army Crime Records Center, ATTN: CICR-CR, 6010 6 th Street, Fort Belvoir, VA 22060-5506,where it will be retained. A copy of the case file should be retained by the CID element JAW the above references. 6. For the purposes of this requirement, a "detained person" is defined as any person captured or otherwise detained by an armed force. The detention need not occur at a MP controlled detention facility and may include checkpoints and cordon and search operations. "Abuse" includes, but is not limited to, punitive articles of the Uniform Code of Military Justice and/or similar provisions of Title 18, US Code. 7. The POC for HQUSACIDC Policy Branch is CW3 David A. England (Policy Tasker 056-04), DSN 656-0223, 703-806-0223, or e-mail: david.englandbelvoir.amiv.mil . FOR THE COMMANDER: 4TV IN\ Colonel, GS Deputy Chief of Staff, G-3 Distribution: A 1 9 9. oto79 DEPARTMENT OF THE ARMY U. S. ARMY CRIMINAL INVESTIGATION COMMAND 6010 6TH STREET FORT BELVOIR, VIRGINIA 22060-5506 REPLY TO ATTENTION OF CIDP-COP-PO 4 August 2004 MEMORANDUM FOR SEE DISTRIBUTION SUBJECT: Operational Memorandum 006-04, Forwarding of Original Case Files Pertaining to Detainee Abuse/Death Investigations 1. References: a. Army Regulation 25-400-2, The Army Records Information Management System (ARMIS), 18 Mar 03 b. CID Regulation 195- , Criminal Investigation Operational Procedures, 15 Jun 04, c. AR 190-8, Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees, 1 October 1997 2. The investigations concerning the abuse of detained persons by U.S. military and civilian contracted personnel and the deaths of detained persons while in U.S. custody have generated significant Department of Defense, Congressional, and international attention. Several Congressional and Department of Defense task forces and commissions have -been created to review divergent aspects of detainee operations as well as investigations conducted by the USACIDC. It is expected this scrutiny and oversight will continue for the foreseeable future. 3. Upon closure of any CED Action (non-Report of Investigation (ROI)), any Unfounded CED ROI, or any CID ROI with an Unknown Subject pertaining to allegations of the abuse of detained persons by U.S. military and contracted personnel or the death of a detained person, the original case file, including any Agent's Notes, will be forwarded to Director, U.S. Army Crime Records Center, ATTN: CICR-CR, 6010 6 th Street, Fort Belvoir, VA 22060-5506, where it will be retained. A copy of the case file should be retained by the CID element JAW the above references. 4. Upon the transmittal of the Final ROI of any CID ROI with a Known Subject pertaining to allegations of the abuse of detained persons by U.S. Military and contracted personnel or the death of a detained person, a copy of the case file, including any Agent's Notes, will be forwarded to Director, U.S. Army Crime Records Center, ATTN: CICR-CR, 6010 6 th Street, Fort Belvoir, VA 22060-5506. The original of the case file will be retained by the CID element until the closure of the ROL Once the ROI is closed (completion of adjudication of all subjects in CUD ROIs and receipt of all Commander's Report of Disciplinarror Administrative Action Taken (DA Form 4833)), the original case file, including any Agent's Notes, will be forwarded to Director, U.S. Army Crime Records Center, ATTN: CICR-CR, 6010 6 th Street, Fort Belvoir, VA PrInfed on 0 Recycled Paper 18 010'78 Page(s) • 9- /7 Referred to: U.S. CENTRAL COMMAND 7115 SOUTH BOUNDARY BLVD ATTN: CCJ6-DM MACDILL AIR FORCE BASE FLORIDA 33621-5101 MS. JACQUELINE SCOTT scottj@centcom.smil.mil (813) 827-5341/2830 01077 AUTHORITY: ATA Title. RE QUIRED BY PRIVACY ACT e 10, United States Code Section 3012 ( g). ROUTINE USES: Your social security number and other personal information Are used as an additionaValternate means o f to facilitate and retrieval PRINCIPAL PURPOSE: To provide • commanders and law enforcement officials with DISCLOSURE: means by which information may be accurately identified. Disclosure of your social security N is voluntary 3. Date: 6. Sequence 7. Year:.8. Office.9. ROI /.Offense: 15. Other ID Num 4 .4 or ecord: 30 Manta! 37 Alias/Nicknames: Branch . 36. Spouse Military:4Yes:0 No:0 Home4 Cell/Pager. 46. Country: 51. Country: 52. Zip Code/APO: 58, Social Security: 59. Grade/Rank: 60. MC: 64. ZIP/APO: 65. Phone: 66. Offense Code: Place of Interview• Telephone: ETS: ca 1 A C3 68. Offense Code: PCS/DEROS: 70. Offense Code: 72. Offense Code: 73. UFC Disposition: Time: Time: 78. Insurer: Policy: Year/Date Exp 81. Model: 86 1/ I N 83. N of Doors: 2 84. Color: 85. Size: 87. License Plate: Mid size 89. DOD Decal Number: NOTES: CID FORM 44-R...Online version. crrTX, 1999 8 01076 DODDOACID 007189 AGENT ACTIVITY SUMMARY CONTROL NUMBER (CID Regulation 195-1) TIME, DATE, AND AGENT J‘o.o/iiirirair Moe, / s se03 CID FORM 28-R 1 AUG 88 0/ -a3 /,e, 7-60A 9 SUMMARY OF INVESTIGATIVE ACTIVITY /t-e.;oq7-7),-) e,-/--=C/t/ .0e/9‹:,er/t/„ limit e.e)Airimc. 4,)//-'6//C/, /Z7a.111,0 //"/Ii, g gfr7-q 4 7V7 ,(1 /1­ 15- , R12-1-.-ted. gem et,J-cc q Oir. /17" .6'C7- dim 6-1 ob-birt,61 5tR, (fb-j--)11A gx;-)---14-? IP) I 6 r) ( n 2,1 . Dig4-1-€4 esilf". Comvtpl4e"/ T SAC-. fitntiat 141,1.1 21 6nC IrN4 adyei Retteotooi. rekall. trzbb-i- CruAtt Scait 44) PREVIOUS EDITIONS OF THIS FORM WILL BE USED UNTIL EXHAUSTED 5/1/errWri"C&we /0.40 A •. • (Ind 54 aim -7---Kev ,,/77 .s-A..64//e/cicite, DODDOACID 007188 CONTROL NUMBER AGENT ACTIVITY SUMMARY (CID Regulation 195-1) I ,0 tq --03-COg69-6,oeic7 TIME, DATE, AND AGENT c95 00(03 maw d ev_io MEM /03s, 3 06(f 4---1 SUMMARY OF INVESTIGATIVE ACTIVITY /cx:. (,01-1414 Mir Ddc 074 /67s [86 --hdvie-MIN/N/g/Nrcv 103e) 72,4921 -rre releC cr-s(_ r(eC5Vd---/2 6!) / re,5 -( NNW preproq /4%(4oeq3 19 eive e.--( affiglirararC (5A MM. ,;2130, gg co r _i Dorn-, MIR /01)°/.0C+ a3 aim INV:4 TVL: CID FORM 28-R 1 OCT BD t4ire) ;(e 6,4 1,, 2 s Of):,-n4-, (co-At/IA.444CZ-04-2 l ru_ (41 91. CC.;-r 1.por r (").C) / 2. LA3 1 / d-Gt. S JA .4:5(1 etre 4{.5 sPe--//4 t/e, AlscW , //XAStr itc70';°571/‘ ,g' 7-7/-'1, t9hoC01'11 Fe ":77.*%' keciewaC coeip ivkC)/ ford-by 5vs -ei` 019-4e._ 0 5lora 03. PREVIOUS EDITIONS OF THIS FORM WILL BE USED UNTIL EXHAUSTED. • U.S. GOVERNMENT PRINTING OFFICE: 1986-491-918:40020 6 01:074 DODDOACID 007187 AGENT ACTIVITY MARY (CID Regulation TIME, DATE, AND AGENT SUMMARY OF INVESTIGATIVE ACTIVITY thrv-bk---Frrel P2caa-ere... dve.efo b20 prtoriciy t_i_rave(o im,+„,4.1‘)..e..„ oar '1. `)c 4" 4 11 1212C-A--(civs tckc,(. rksY_. . Eb 4 po urt-A-k I %hrs. SA-cCcvkAA ,,,3 \ •4•e• N--ceiejr4 5,Pc C_ --1-o OJAI c4, ,k IC4 car"— josi cr(4.-Lsc.ev e(?,14C)4) G3 0,4) /0 -,// o/a-- 0-3 Z•gA/J.4— (1,07--C //4/ ‘Ida fic) ; /1/4) 7- ivyk,4,/C ,e AlAW, q(// swire-e7'C6t-y,-/4:47 4/ { (2/1 /C. if 6C-"%v 7-'42C Rac(Puira( 2. k)((t cordCL-11A 3 :—Ap.) . I4---wwesA-f„.1 CID FORM 28-R OCT 80 PREVIOUS EDITIONS OF THIS FORM WILL BE USED UNTIL EXHAUSTED. • U.S. GOVERNMENT PRINTING OFFICE: 1986-491-818:40020 DODDOACID 007186 AGENT ACTIVITY rCNUMBER „ RY (CID Regulation A TIME, DATE, AND AGENT USa c.3:D e23 bt7r-8 Nov a_3 b/C b 64- ga Aid . e-3 MEW b7Cb6i INV:4 TVL: CID FORM 28-R 1 OCT BO 0 -03-CiC 62 oar SUMMARY OF INVESTIGATIVE ACTIVITY (Y\MA-C.4 .bcc_LANA-LA„.t1/4--. tS4 (AD t-j-liku-Nlo Packtk---- bc- ono_ ex-)n 1 . rac4C.e.,(— Tsm.c,e, Lie 4/x 111.4 a- ceej e- • Covv1P\e4e4q ( 0 SA-C , Unc:-A b1`e aspeAsc_4 prior-)--/ (S KOv-o3) clue_ couAkr-rc Um/e'en-3­ 04-f P.J2 ce,i-c 67( 6-,,, f,e a c::7( F , ( 00( ,tt S a-Ft Lc -r1 r R-e 7 Aa4 - ir?C Lc-1y v Ce-tA4-- c4-4 by 8 eCy\i2:e_CA k)aCare dtsp2,1-d,\_, /. 2. D12.c-c).-rer 1,¦.0.vc-ci “e. cz_trsry/e,--te,CeCt I-- 0 con—eck (WI Y ( eAt'etc--eaT1kvr‘IR_c? 4L(W CIrt 10-1411`2 - St\-- PREVIOUS EDMONS OF THIS FORM WILL BE USED UNTIL EXHAUSTED. • U.S. GOVERNMENT PRINTING OFFICE: 1986-491.918:40020 --, 4 - 01:672 DODDOACID 007185 CONTROL NUMBER AGENT ACTIVITY SUMMARY (CID ReguLation 195-1) DI4 61-03 4tC1 402bq TIME, DATE, AND AGENT SUMMARY OF INVESTIGATIVE ACTIVITY 2GIA:N(031 L -n2 cows of em,e-Ne. Ore-Mc 4 1 FS5 ,t,,tvtontiD ETA Sen1Crit. CelSeile C10,01. 1035 0 V fiRc=") LC/-/-77e711-'iv7- C, C,4VP43Y /le 7---i";..)4./ /1/(ec-r,f/9 /1 - 44 e c.( gt) Ops Dp.a41-4,-( 7&/42---J (6166'rj- b ax€15c,v ot1 Deaf...4-1.94 LA eAtc, itt dot-, b7e LALA q--to 19 ,e_ TVL: 3 CID FORM 2S-R 1071 DODDOACID 007184 - SEQUENCE NUMBER „ A2 o 5' DATE OFFENSE S ASSIGNED TO: /5—trif/O .3 ik410e‘24 0 2 -,;:4,-, ,,,,,,,r4g,916,v,v23.C ,I,r2C-:', Y:.:?,1 , :•.,,: ,.,,,,,. ,,,,,::,,,,DATE.i..-:::::, ,, :C• ,,,,,2'i,,,-if.:10 ..., DA TE .NOTED ii;' TV.-PAO=:,7,,it;:Vgc,V0.°N,, . ,'' ,. ,1.:;:f : .• ObtOketED 0 1.-t A/Le 54-.IP¦Ae— eK2fvt 4 e'., . 'Pt c-/1--2° ce.4 (fl-era i eL,....i4S..)b)e 4-.;,,'S 6; 1- C... rvt—.inazi..,,- _ -— ACTION COMPLETED ACTION COMPLETED NCIC entry on stolen prop Sources targeted 2701 Given to Victim(es) Medical records requested 2701 Given to Witness(es) Name check dispatched Case # on all documents Name check results received '4;-•r*t''''.1;iRi,ii, -4.., A, ' Ts1R, , 0, ',. , 4 Ofglafillettat INVESTIGATIVE STANDARDS ACTIVITY/PERSON PHONE NUMBER VICTIMS INTERVIEWED 24 hours EYE VVITNESSES INTERVIEWED 24 hours EVIDENCE DEPOSITED 1 duty day LAB REQUESTS 5 duty days RFA'S SENT OUT 5 duty days MEANINGFUL INV ACTIVITY 10 duty days RPA FOLLOW UP 15 duty days KNOWN SUBJ FINALS 15 duty days UNFOUNDED FINALS 15 duty days UNKNOWN SUBJ FINALS 30 cal days ACTION TAKEN 30 cal da s 2 01070 DODDOACID 007183 CID FORM 66 1. DATE 2. TIME RECEIVED 5— 00.3 0 3. OFFENSE al /OM 5. VICTIM AA ), 0/6 Ale i/trybt, 00 /1 REPORTS SUSPENSE 11. OTHER ACTION 12.4 CID FUNDS ACTION COMPL AMOUNT 1. 010G9 8. CID REPORTS ARE EXEMPT FROM AUTOMATIC TERMINATION OF PROTECTIVE MARKINGS IN ACCORDANCE WITH CHAPTER 3, AR 25-55. 0,106:4 JtJus,14. 4 PERMISSION, AND ONLY AFTER VERBAL WARNINGS AND OTHER MEASURES WERE FIRST CONSIDERED BEFORE APPLYING LETHAL FORCE. ON 8 SEP 03, RADAD, WHO WAS DETAINED IN A RAID IN AD DWAR ON 31 AUG 03, WAS PLACED IN AN ISOLATION CELL WITH HIS HANDS FOR QUE. G FOR. FLEXI-CUFFED IN FRONT OF HIM AND H. b9C1 1;1( (WIFE OF 0FTIES TO MRS. Wel/4A. T D TO D WAS IN. UPON HIS A. IN SEATED AND TO STAY AWAY FROM THE CONCERTINA WIRE, OR HE WOULD BE SHOT. 6Tb-6.C. WHO WAS THE ON-DUTY GUARD FOR THE SPC. ISOLATION CELL, REPORTED DURING THE INITIAL INQUIRY THAT DURING HIS DETAINMENT, MR RADAD WAS "FIDDLING" WITH HIS FLEX-CUFFS AND ATTEMPTING TO SPEAK WITH ANOTHER DETAINEE IN CELL. AT THE TIME OF THE INCIDENT, SPC AN. EPORTED HE HAD MOMENTARILY TURNED AWAY 4SPC FROM MR RADAD AND WHEN HE TURNED BACK TO THE ISOLATION CELL, 1,4012(06 ko„,,A,„ HE SAW THAT MR RADAD HAD SAT UP AND WAS LEANING OVER THE. WHO STATED HE (1' STRAND OF CONCERTINA WIRE. SPC. THOUGHT MR RADAD WAS ATTEMPTING ,LOWERED HIS M-16 RIFLE AND SHOT MR RADAD. THE ROUND WENT THROUGH MR RADAD'S FLEXI-CUF ED ARM AND INTO HIS ABDOMEN. DID NOT FOLLOW PROPER PROCEDURE WHEN HE SPC. FIRED HIS M1 AT MR RADAD, DELIBERATELY SHOOTING AND KILLING USED No25&445 HIM. PRIOR TO THE SHOOTING, SPC. FOR THE VERBAL WARNING NOR DID HE FOLLOW INSTRUC. GRADUATED USE OF FORCE AS RELATED IN 4ID FRAGO 422, 16 MAY 03, WHICH PROVIDES GUIDANCE FOR THE USE OF GRADUATED FORCE AND SPECIFICALLY IDENTIFIES A "SHOUT, SHOW, SHOVE, SHOOT, SHOOT" METHODOLOGY, BUT AIMED HIS WEAPON WITH THE INTENT TO KILL MR RADAD BASED ON MR RADAD'S ACTIONS. MR RADAD WAS TRANSPORTED TO E COMPANY, 4TH FORWARD SUPPORT BN MEDICAL AID STATION WHERE MEDICAL AID WAS GIVEN. MR RADAD DIED FROM HIS WOUNDS AND WAS PRONOUNCED DEAD BY UNKNOWN MEDICAL PERSONNEL AT APPROXIMATELY 2330, 11 SEP 03. 6 SAC, 43RD MP DET (CID) THE CLO IS CW3 (FWD), DNVT 302- INVESTIGATION CONTINUES BY USACIDC. EST A USACRC NAMECHECK BE CONDUCTED ON SPC ***. pla br&b66 7. COMMANDERS ARE REMINDED OF THE PROVISIONS OF AR 600-8-2 PERTAINING TO SUSPENSION OF FAVORABLE PERSONNEL ACTIONS AND AR 300-67 FOR THE SUSPENSION OF SECURITY CLEARANCES OF PERSONS UNDER INVESTIGATION. 01067 .JtJj:1 DATE: 16 SEP 03 FROM: SAC, 43rd MP DET (CID) DIRECTOR, USACRC, USACIDC, FORT BELVOIR, VA CDR, HQUSACIDC //CIOP-ZA// CDR, 10TH MP BN (CID)(ABN)(FWD)//OPS// CDR, 3D MP GROUP(CID)//OPS// LNO CID, CJTF-7 (FOR FURTHER DISTRIBUTION) TO:. SUBJECT: CID REPORT - INITIAL/SSI - 0149-03-CID469-60209 - 5H1H DRAFTER: 217-icit2C01 RELEASER: UNCLASSIFIED - FOR OFFICIAL USE ONLY 1. DATES/TIMES/LOCATIONS OF OCCURRENCES: 1. 11 SEP 03/2315; GRID 38S LD 79352220 (DETAINEE COLLECTION POINT, FORWARD OPERATING BASE PACKHORSE, TIKRIT, IRAQ) 2. DATE/TIME REPORTED: 15 SEP 03/1600 3. INVESTIGATED • SA , SA all.? ta; A21 /6 . SUBJECT: 1. SPCiallair A SUP ORT BN, 323; FC; [MURDER] 5. VICTIM: 1. RADAD, OBEED HETHERE; DETAINEE NUMBER 0019; M; OTHER; AD DWAR, IRAQ; (NFI); [MURDER] INVESTIGATIVE SUMMARY: THE INFORMATION IN THIS REPORT IS BASED UPON AN ALLEGATION OR PRELIMINARY INVESTIGATION AND MAY CHANGE PRIOR TO THE COMPLETION OF THE INVESTIGATION. 6. THIS IS AN "OPERATION IRAQI FREEDOM" INVESTIGATION. VESTIGATION DISCLOSED SHORTLY AFTER SPC WAS PLACED ON DUTY AT THE ENEMY PRISONER OF LITY, HE HAD BEEN OBSERVED BY GUARDS AND EPWS ALIKE, EXHIBITING BELLIGERENT AND AGGRESSIVE BEHAVIOR TOWARD RADAD AND HAD ENGAGED IN A YELLING SPRE. H RADAD THE NIGHT BEFORE THE INCIDENT. SPC HAD ONLY BEEN , 1C191°6 of, -,€ 140 DETAILED TO GUARD DUTY AT THE F EE DAYS AND. WAS BRIEFED ON THE USE OF DEADLY FORCE WHICH CONSISTED OF SHOOTING EPWS IF THEY APPROACHED THE WIRE WITHOUT 01066 o (49-03 -COV6 9-60020 `P CorY1Pauf blsc 63. olqi, c(‘5 AY '641 -._ f____7_Tior _• q Fog on' fc(IAL vsr ONLY 01064 DODDOACID 007177 NI-03- c qvi-c)°`(-),) ROUGH SKETCH DEPICTING CRIME SCENE • A 12 feet LEGEND A= Location where was allegedly standing at the time he fired upon Mr Rahad B= Location of Mr Rahad according to Statements N C= Concertina wire D= Appliance Not To Scale TITLE BLOCK Case: 01 49-03-CID469-60209 OFFENSE: Murder SCENE PORTRAYED: Inside area of the Division Central Collection Point LOCATION: Grid Coordinate 38S LD 7935 2220, Camp Packhorse, Tikrit, Iraq VICTIM: RAHAD, Obeed Hethere TIME & DATE BEGAN: 13 0 0 Se• 03 SKETCHED BY: S VERIFIED BY: SA FOR OFFICIAL USE ONLY EXHIBIT 62 01063 -ROI NUMBER AGENT'S INVESTIGATION REPORT 0149-03-C1D469-60209 CID Regulation 195-1 PAGE 3 OF 3 PAGES DETAILS Search Beyond the Scene: No search beyond the scene was conducted as it was determined such a search would have not likely have provided anything of evidentiary value in light of the solid wall behind the victim and the fact that the projectile that killed Mr RADAD was determined not to have exited his body. ///LAST ENTRY /// TYPED AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION 43d Military Police Detachment(CID) SA APO. AE 09323-2647 SIGNATURE DATE. EXHIBIT 47cik&i . Alla 20 Seo 03 CID FORM 94. FOR OFFICIAL USE ONLY 1 FEB 77 01,062 RU1 NUMBER AGENT'S INVESTIGATION REPORT 0149-03-C1D469-60209 CID Regulation 195-1 PAGE 2 OF 3 PAGES DETAILS lengthwise north to south acid had dimensions of approximately 14.5 feet by 6.5 feet. This was the room in which Mr. RADAD was detained when he was shot. No further access could be gained to other parts of the building from this room and no windows existed in the exterior walls of the room. No concertina wire existed separating this room from the central hall as reportedly existed at the time of the offense. From the hallway, once again, one could proceed southward into a room that extended eastward from the doorway and occupied the majority of the southern exterior wall. That room appeared to be an office of sorts. A work counter was approximately centered on the southern wall and was flush against the wall. A filing cabinet was located in the southwest corner of the room and was flush against the two walls forming that corner with the cabinet facing northward. Factors Pertinent to Entry/Exit (E/E): Entry to the eastern end of the building could be gained only from one entrance/exit which was located in the approximate center of the breezeway and western wall of the eastern section of the building. There was no door attached to the entrance/exit. The back room where Mr RADAD was shot was similarly missing any door in the door frame. Environmental Conditions: At the time of the crime scene examination, the outside temperature was about 100 degrees Fahrenheit. The inside temperature was about 90 degrees Fahrenheit with a slight breeze through the building due to the open doors and windows. The sky was clear and sunny. No recent precipitation had been experienced. C(gOi Scene Documentation: SA. prepared a crime scene sketch and exposed photographs utilizing a Nikon Coolpix995, digital camera documenting all rooms in the eastern end of the building, the breezeway entrance "and the entrance to the eastern end of the building. Collection of Crime Scene Evidence: No such evidence was recovered. Search for Latent Impressions: A search for latent prints was not conducted as they would not have proven to be of any evidentiary value in the circumstances of this investigation. TYPED AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION 43d Military Police Detachment(CID) FOR OFFICIAL USE ONLY SA SIGNATURE APO AE 09323-2647 DATE EXHIBIT 010 CID FORM 94 1 FEB 77 ROI NUMBER AGENT'S INVESTIGATION REPORT CID Regulation 195-1 0149-03-CID469-60209 PAGE 1 OF 3 PAGES DETAILS / CRIME SCENE EXAMINATION: Between 1330 and 1400, 20 Sep 03, SAME! AXI bk° conducted a crime scene examination of the Division Central Collection Point (DCCP) located at Camp Packhorse, south of Tikrit, Iraq (grid coordinates 38S LD 79352220). Characteristics of Scene: The holding facility was a one story, sandstone constructed building. The building was divided in two parts of which one half was on the western end of the building. The other was on the eastern end. Those two parts were divided by a covered breezeway. The cover was an integral part of the main building roof. The western section was one room that occupied that entire end of the building. The eastern end was broken up into five smaller rooms. One was a central hall that connected the other four rooms and the remaining four rooms were positioned such that they lined the exterior walls of the building. The offense occurred in the central hall the eastern most room in the eastern half of the building. Condition of Scene: Upon entering the sole entrance to the eastern most portion of the building, one stepped into a hallway which was centrally located within that section of the building and ran lengthwise west to east. The room was about twelve feet long and six feet wide. At the approximate center of the north interior wall of that room, sat an air conditioning unit or similar type appliance approximately one foot away from the northern wall. The unit was approximately four feet high, but did not block much of the view of a person looking over it to the back of the room on the eastern end. To the left (or north) a door led to a small empty room with dimensions of about eight feet by 4.5 feet. Entering that room, one had access to the room directly to the east through a door frame in the eastern wall and flush against the northern exterior wall of the building. The next room was a bathroom with commode, bidet and sink. The dimensions of the bathroom were 6.5 feet by 7.5 feet and no further access to the building could be gained through this room. From the hallway, once again, one would proceed directly eastbound to the end of the hall where another door frame was located in the eastern most wall which provided access to the back room. The back room ran TYPED AGENT'S NAME FID SEQUENCE NUMBER ORGANIZATION leO (0/ 43d Military Police Detachment (CID) APO AE 09323-2647 SI DATE EXHIBIT ot(19(01 FORM 1 FEB 77 20 Sep 03FOR OFFICIAL USE ONLY 0 1...:4A. DODDOACID 007173 aLit-03-ac#61- 4(4--os- RIGHTS4ARNING PROCEDURE/WAIVER CERTIFICATE For use of this form. see AR 190-30: the !Proponent aeencv is ODCSOPS DATA REQUIRED BY THE PRIVACY ACT AUTHORITY: Title 10, United States Code, Section 3012(e) PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified. ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate tiling and retrieval. DISCLOSURE: Disclosure of your Social Security Number is voluntary. 1.-11/ I. LOCATION D Co, ci+.1,1 1-15 , Ce,rnp 9C..V../110rSe. 2. DATE 3. TIME 4. FILE NO. 71 {iv- 1+-.Zrvi. 5. NAME (Last, First, MI) 23.03 fl et/ 40/147-n3-CiLN 8. ORGANIZATION OR.DRESS P4-b c.:.,.14-1--1-, FScs.Li lb . GRADE/STATUS c. rpoo pack_horst_ oc b 5PC/ - Ti 41-14--Tc el. PART 1 - RIGH S WAIVER/NON-WAIVER CERTIFICATE Section A. Rights The investigator whose name appears below told me that he/she is with the United States * A rniv) Cri mina) -It\\K:64-(.4-(0 11 e _a Cr 0 and wanted to questibh me about the following offense(s) of w4h I am suspected/net-use- mu%ialwr.l Before he/she asked me any questions about the offense(s), however, he/she made it clear to me that I have the following rights: 1. I do not have to answer any questions or say anything. 2. Anything I say or do can be used as evidence against me in a criminal trial. 3. (For personnel subject to the UCMJ) I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me,or both. - or - (For civilians not subject to the UC111.1) 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 beappointed for me before any questioning begins. 4. If I am now willing to discuss the offense(s) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or speak privately with a lawyer before answering further, even if I sign the waiver below. 5. COMMENTS (Continue on reverse side) Section B. Waiver I understand my rights as stated above. I am now willing to discuss the offense(s) under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me. WITNESSES (If available) 3. SIGNATURE OF INTERVIEWEE I a. NAME (Type or Print) b. ORGANIZATION OR ADDRESS AND PHONE 4. SIGNATURE OF INVESTIGATO b-2( , b(Ac 2a. NAME (Type or Print) 5. TYPED N F STIGATOR 5. 4 76147/ b. ORGANIZATION OR ADDRESS AND PHONE 6. ORG 1 1 V ATION OF INVESTIGATQR ward wif D.8+ (/D)rleo 01-6.0532_3 Section C. Non-Waiver I. I do not want to give up my rights: Ig I want a lawyer. gl I do not want to be questioned or say anything. TE TO ANY SWORN.STATEMENT (Dil form 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/AC, _ 3ii 919.4 11A MRM 111R1 mnv Seo4 .4 Tu-At rip mem 24 IC ncierit FTP u I J _.... . DODDOACID 007172 Page(s) • 5 // • Referred to: U.S. CENTRAL COMMAND 7115 SOUTH BOUNDARY BLVD ATTN: CCJ6-DM MACDILL AIR FORCE BASE FLORIDA 33621-5101 MS. JACQUELINE SCOTT scottj@centcom.smil.mil (813) 827-5341/2830 01058 I ROI NUMBER AGENT'S INVESTIGATION REPORT 0149-03­ CID469-60209 CID Regulation 195-1 DETAI LS PAGE 1 OF 1 PAGES BASIS FOR INVESTIGATION: About 1600, 15 Sep 03, this office was notified by the Staff Judge Advocate, 4ID, Camp Iron Horse, Iraq, that Mr detained Ira L Iraq, by SPC 1, was shot and killed at Camp Packhorse, KC) About 1900, 15 Sep 03, SAmirbrel)61 obtaine d a Serious Incident Re ort (SIR), and a 15-6 investigation packet conducted by MAJ 720th Milita Police Bn, Camp Iron Horse, Iraq, which disc ose SPC as in violation of the U.S. Army Use of Force policy and as orce Iron Horse directives concerning the use of deadly force. (See SIR and 15-6 investigation packet for details). 65 About 23 Oct 03, SA dvised SPC which he invoked an of his rights, ested a lawyer. About 20 Nov 03, SA 4 coordinated with CPT SJA, 4ID, who opined there was probable cause to believe SPC commited the offense of Murder when he f ailed to (­ 4;Ay SOP and fire his rifle at Mr RADAD, killing him. CPT iL.Aed there was already AT an article 32 hearing where SPC offense of Voluntar Man was being charged for the concluded that SPC stated the results of the hearing She stated that on be tried at a courts-martial. Nov 03, SPC was reduced to the grade of E-1 and received a Chapter 10 Discharge from the U.S. Army.///LAST ENTRY/// TYPED AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION SA 43rd MP Det (CID) (FWD), Camp Iron SIGNATURE Horse, Iraq APO A 09323-2647 DATE EXHIBIT Ocibb 20 Nov 03 CID FORM 9 1 FEB 77 FFICIAL USE ONLY 01057 G61 ,-HA DODDOACID 007170 SUBJECT: CID REPOI. ,OF INVESTIGATION — FINAL - 014)-03-CID469-60209-5HIA Report Prepared By: Report Approved By: Wet 0(1 I 11111111r Waif" Special Agent,4 107( b9•1)11 Special Agent in Charge DISTRIBUTION: 1 - Director, USACRC, 6010 6th Street, Fort Belvoir, VA 22060-5505 (Original) 1 - THRU: Commander, 10 th MP Battalion (CID), Attn: Opns Officer, USACIDC, Camp Victory, APO AE 09335 (w/o exhibits) (email only) THRU: Commander, 3d MP Group (CID), Attn: Opns Officer, USACIDC, Camp Victory, APO AE 09335 (w/o exhibits)(email only) TO: Commander, USACIDC, Attn: CIOP-ZA, 6010 6 th Street, Fort Belvoir, VA 22060-5506 (email only) 1 - THRU: Commander, 4 6 FSB, FOB Packhorse, Tikrit, Iraq, APO AE 09323 TO: Commander, D Company, 4 th FSB, FOB Packhorse, Tikrit, Iraq, APO AE 09323 1 — SJA, Chief, Military Justice, 41D, APO AE 09323 (w/o exhibits) (email only) 1 — SJA, 4ID, Senior TC, APO AE 09323 (w/exhibits) 1 — SJA, 4ID, 1 s` BCT (email only) 1 — PM, DMain, 4ID, APO AE 09323 (email only) 1 — File F-43R-OFFiergETigrITINTx 3 7( C 00(1'2.1UL:3 01_0S SUBJECT: CID REPOR 6F INVESTIGATION - FINAL - th-v9-03-CID469-60209-5111A ATTACHED: I. Agent's Investigation Report (AIR) ofSA 20 Nov 03, detailing the initial4/C 19(°-' notification; receipt of the SIR and Commander's Report of Investigation; and the interview of SPC and SJA coordination. tbIt5- 2. Serious Incident Report, 15 Sep 03, detailing the initial report provided by the 4 Packhorse, Tikrit, Iraq, APO AE 09323. 1h FSB, FOB 3. Commander's Report of Investigation, 14 Sep 03, prepared by MAJ 720th Military Police Battalion, Camp Iron Horse, Tikrit, Iraq, APO AE 09323, containing witness statements and disclosing that SPC4 did not follow proper SOP. MC to 4- 4. Non-Waiver Certificate of SPC 4 23 Oct 03. 5. AIR of SA4 20 Sep 03, detailing the crime scene examination of the detaineecollection poi!til 6. Crime scene sketch, 20 Sep 03, prepared by SA 41111/11111111 A -76 b / 7. Contact sheet comprised of three digital images depicting the crime scene. 8. Compact disc, 03.0149.469 containing all photographic images and the originals of Exhibit 7. NOT ATTACHED: None. The originals of Exhibits 1 and 4 through 8 are forwarded with the USACRC copy of this report. The original of Exhibit 2 is retained in the files of the 4 th FSB, FOB Packhorse, Tikrit, Iraq, APO AE 09323. The original of Exhibit 3 is retained in the files of the SJA, 4ID, Camp Iron Horse, Tikrit, Iraq, APO AE 09323. STATUS: This is a Final (C) Report. This investigation is being terminated IAW Chapter 4-17(6), in that the Special Agent in Charge has determined that furtherance of the investigation would be of little or no value and leads remaining to be developed are not significant. Leads remaining include the collection of SPC 1111111111mm rifle, shell casing and projectile. On 20 Nov 03, this office coordinated with the Staff Judge Advocate, 4ID, who reported that on 12 Nov 03, SPC 0.1.111111/1111111was reduced to the grade of E-1 and received a Chapter 10 Discharge from the U.S. Army.4 ( b b IX° Fall-OfFic-441,7-usE4.43N17/1( 2 0 0ooios s c 6C„