Investigation into death of an Iraqi male who was killed in Iraq by an American soldier. The investigation determined that the Sergeant who killed the Iraqi not commit the offense of murder and the offense of murder was not committed as initially alleged. Subsequent to the cease fire, one of the Iraqi soldiers exited the building from which hostilities were coming from and presented a white flag at the end of his rifle with the muzzle pointed in the air, as if he were surrendering. The Iraqi appeared to be in surrender status. Subsequent to the surrender process the Iraqi lowered his weapon and fired upon the soldiers. Several soldiers returned fire, killing the Iraqi. This incident was within the US Central Command's rules of engagement policy.
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DEPARTMENT OF THE ARMY
U.S, ARMY CRIMINAL INVESTIGATION COMMAND 48th Military Police Detachment (CID) Rear . 6525 Specker Avenue, Fort Carson, Colorado 80913-0913
23 _Lin _2005 .
IVIEMOIU1s1DUIVI-FOISEE DISTRIBUTION St7l3JECT: CII) REPORT OF INVESTIGATION - CORRECTED FINAL/SSI -0326-2004-CID056-76236 - 5H9C1
DA iLS/TIMES/LOCATION S OF OCCURRENCES:
1. 11 APR 2004, 1030 - 11 APR 2004, 1200; VICINITY GRID COORDINATE 38S
MB 180798, SOUTH OF CAMP FALLUJAH, IRAQ
DATE/TIME REPORTED: 11 AUG 2004, 1000
INVESTIGATED BY:
SA •6.74-444;4)-
• SA 67c-7 al
SA k 7 C-1(;1-
SUBJECT:
1. NONE, ; [DEATH BY HOSTILE FIRE] (NFI)
VICTIM:
1. UNKNOWN IRAQI, ; MALE; [DEATH BY HOSTILE FIRE] (NFI)
INVESTIGATIVESUMMARY:
.. .
• About 1000, 11 Aug 04, this office was notified by Military Police Investigations (MPI), Office of the Provost Marshal, Fort Carson, CO (FCCO) 80913, of an undetermined death of an Iraqi male who was killed in Iraq by an American soldier. The Iraqi was in surrender status.
gm=706th Transportation Company (TC), Mansfield, e , ii. not commit the offense f, 76 C
of murder and the offense of murder was not committed as initially alleged. This incident was
within the US Central Command's rules of engagement policy; therefore, it was declared a
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lawful hostile engagement.
Investigation established that on 11 Apr 04, the 706th TC, deployed to Taji, Iraq, where they
were involved in a hostile engagement when an Iraqi insurgent force ambushed the 706th TC's
convoy. The convoy members engaged the Iraqi force wherein all Iraqi's were killed except a
small force who barricaded themselves inside a buildingbunker.
Subsequent to the cease fire, one of the Iraqi soldiers exited the building and presented a white
flag "al The end Ofhia-Ar-eapo—n--with the muzzle` pointed in -the air, as ifhe -were-surrendering.---
Subsekiiient to the prOcsse=,--the Ifaq—Hovered his-weaporr- and-fired:upon the convoy---
. ,
members. Several memners of the convoy then returned Killing the Iraqi.
The investigation also disclosed upon several interviews of the convoy members that SSG / 7 ccr. ‘4°S-AlminiND did not engage the surrendering Iraqi as his weapon had malfunctioned. 12
Further investigation also established that 1st Calvary Division responded to this incident to
assist the 706th TC and captured two Iraqi's who were released to the Prisoner of War (POW)
collection point.
On 28 Oct 04, SSG as interviewed wherein he denied he had shot at or killed
the above surrendering Iraqi. He related his unit engaged the Iraqi force when his unit was
ambushed during a convoy.
Between 20 - 24 Apr 04, the 593rd Corps Support Group conducted a commander's inquiry
regarding this incident confirming the above events. -
Further, on 20 Jun 05, during an administrative review of this file, it was disclosed the synopsis s, .„$-of this report did not fully explain why SSG i
111.11111dd not commit the offense of /1 74- 1" murder and the offense or murder was not committed as al eg
Ped. This corrected report was
submitted to rectify the incident dates and the synopsis of this report and to change the offense
code undetermined manner of death to death by hostile fire.
STATUTES:
None (Hostile Fire)
EXHIBITS/SUBSTANTIATION:
Attached:
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1.
Agent's Investigation Report (AIR. 30 Aug 04, detail ig the basis
for investigation, interview of MSG nd unit coordination's. 4 7C-s4
2. SWorn Staternent of MSG 11 Aug 04, detailing his conversation with SSG
6 76-$3-‘0 -
3.
AIR of SA 16 Aug 04, detailin t of the Request for Assistance (RFA),
unit coordinations an interview of WO1 i7C-6 ‘4",‘.
— 7 worn Statement---Auw-04:1-etailing--the=conver-satianov-erheard
betty G d SSG ,7e-s-(..4‘.-s"
5. AIR of SA 8 Oct 04, detailing receipt of RFA results from SAIIIIIPnd 0 6'664*
interview of SSG 4 7C Cr Se°S..
67e--5t‘ks.
6.
Rights Wavier Certificate and Sworn Statement of SSG ;28 Oct 04, in
which he denied killing the Iraqi male.
7.
AIR of SA 18 Sep 04, detailing receipt of RFA, receipt of commander's inquiry
and unit coordina. Ion s.
8.
593rd Corps Support Group Commander's Inquiry, 20-27 April 04, detailing the events
that occurred during the ambush of the 706th TC convoy on 11 Apr 04.
9.
Findings and Recommendations of 593rd Corps Support Group Commander's Inquiry, 27
Apr 04, detailing the recommendation that every soldier involved in the firefight receive bronze
stars for their valor and determination.
10.AIR of SA , 20 Nov 04, detailing receipt of RFA and his efforts to identify the
individual captured by convoy members on 11 Apr 04.
SignifieffitActivity ReTorls, 1 1-12-Apt-04;dergling the events surrounding the amlfash -uf—
the 706th TC convoy.
12.Interrogation Report, 27 May 04, detailing the interrogation of the Iraqi individual
captured by members of the convoy on 11 Apr 04.
/c.-/
13.AIR of SA 0 Dec 04, detailing receipt of RFA, unit coordination's and
KO cia
interviews of SPC SPC SMIllehnd SGT 6 7C
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14. Sworn Statement of SP Dec 04, detailing he did not witness SSG
shoot a surrendering Iraqi male.
kK .
4 76-Ka-
Sworn Statement of SPC 3 Dec 04, detailing he did not witness SSG
shoot a surren ermg Iraqi male. 7e- 5, l‘-
7"
16. Sworn Stateinerit of SPC 6 Dec 04, detailing he did not witness SSG
shoot a suften ering aqunale. --
.shoot
-—
17. worn Statement of SGT 8 Dec 04, detailing he did not witness SSG.
shoot a surren ermg Iraqi male. 6 7C- S.
/ (4-4--
18. Sworn Statement of SGT 20 Dec 04, detailing he did not witness SSG
shoot a surrendering Iraqi male. 4 7e-
76 `Ka4
19.
AIR of SA 11 Jan 05, detailing receipt of RFA and interview of SSG NM
20.
Sworn Statement of SSG 11 Jan 05, detailing he did not witness SSG '
ire his weapon urm e firefight
74r-S-1-. k7c-Ok
21.
AIR of SA 16 Jan 05, detailing receipt of RFA and interview of SGT
22.
Sworn Statement of SGT; 15 Jan 05, detailing he did not witness SSG
fire his weapon during the firefight.
6.7c_6 6k-
23. AIR of S 10 Feb 05, detailing unit and SJA coordination's and name check results of SSAIIMMIIIM
Not Attached: NONE
STATUS: This is 'a COITectecrfinal report. CommanTeissReport of Disciplinary./Laion "laken 5 DA Form 4833 is not required.
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REPORT PREPARED BY REPORT APPROVED BY
„.,
Special Special en arge c...../(kf
, --F 414 -
— DISTRIBUTION: Dir, USACRC, Ft Bavoir, VA CDR, USACIDC, ATTN: CIOP-ZA, Ft Belvoir, VA 22060 CDR, 6th MP Group_(0D), F'ort Lewis, WA 98433. CDR, 22d MP Bn, Ft Lewis, WA Dir, Aimed Forces Institute of Pathology, Rockville, MED CDR, 1ST MOBILIZED•13DE, FT CARSON, CO CHIEF OF STAFF, FT CARSON
CHIEF, CRIMINAL LAW, FORT CARSON, CO GARRISON COMMANDER, FT CARSON PMO, FORT CARSON, CO (ATTN: MPR #: 00411-2005-MPCO56) FILE
5 FOR OFFICIAL USE ONLY Law Enforcement Sensitive 02C322 00 005
DOD-043402