CID Report (Death): 0326-2004-CID056-76236

_Y_Y_ ,
YOR OFFICIAL USE ONLY ' • - •
LaW Enfdrcemetif Sengitive
-

DEPARTMENT OF THE ARMYY.
U.S. ARMY CRIMINAL INVESTIGATION COMMAND
48th Military Police Detachment (CID) Rear
6525 Specker Avenue; Fort Carson,.Colorado 80913-0913

17 Feb 2005
MEMORAI\TDUM1-,OR:-SEEDISTRIBUTION-
—SUBJECT:r CID REPORT OF INVESTIGATION - FINAL/SSI - 0326-2004-CID056-76236 - 511913-

DATES/TI1v1ES/LOCATIONS OF OCCURRENCES.
1. 01 JAN 2003, 0001 - 11 AUG 2004, 0900; IRAQ
DATE/TIME REPORTED: 11 AUG 2004, 1000
TED BY:
SA 4:7&-1/ 6k4,'
‘.,t

,47e---7,
e 7C--“4.—‘ 2—
SUl3jECTi.

1. NONE, ; UNDETERMINED MANNER OF DEATH (UNFOUNDED) (NFI)
VICTIM:
1. UNKNOWN IRAQI ; MALE; UNDETERMINED MANNER OF DEATH
(UNFOUNDED) (NFI)

INVESTIGATIVE SUMMARY:
AlDoutl_000; 1_1 Aug_04,_this office was notified: _Military Police Investigations (MPI), Office_ of the Provost Marshall, Fort Carson, CO 80913- (FCC), of an undetermined d.eath of an Iraqi male who was killed in Iraqi by an American soldier. The Iraqi was in surrender status.
Investigation established probable cause to believe that the offense of Murder did not occur as ___________ 7C-S-(‘-g
owever, he did not fire his weapon
was present when the deceased Iraqi male was
during the altercation.

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FOR OFFICIAL USE ONLY
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Law Enforcement Sensitive
026323
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FUR OFFICIA.L IJSE ONLY
Law Enforcement Sen-sitive
STATUTES:

Article 118, UCMJ-: Murder (Unfounded)
EXHIBITS/SUBSTANTIATION:
Attached:
Clef '
_
1. Agent's hivestigation Report (AIR of SA 30 Aug 04, detailing -the basis
for ftivestigation, interview of MS and umt cootdmatiori's.-17-10-fe-

-
2. Sworn Statement of MS 11 Aug (14, detailing his conversation with SSG
41111111111.1111

le! ti
3.
AIR of S 16 Aug p4, detailing receipt of the Request for Assistance (RFA), unit coordination's and interview of W0111111111111111 /,7C-17:er‘'

4.
Sworn Statement of WO 6 Aug 04, detailing the conversation 'he overheard
between MSQ d SSG 67e-ca-s-

le-4f, 47c-/A4-(
5.
AIR of S 28 Oct 04, de-tailing receipt of RFA results from SAIMIllemd
interview of SS

6.
Rights Wavier Certificate and Sworn Staternent of SSG41111111111111111111 28 Oct 04, in
which he denied killing the Iraqi male.

k7e-a•‘-
Ammme,,,
7.
AIR of SAI111.18 Sep 04, detailing receipt of RFA, receipt of commander's inquiry
and unit coordination'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 Recommendafions of 706th Commander's Inquiry, 27 Apr 04, detailing the
reconunendation that every soldier involved in the firefight receive bronze stars for their valor
and determination. '

67c--61(kt
A4-Y- . •YP - •Y• • •Y-Y• •YsY- •YIIYM"
individual captured by convoy members on 11 Apr 04.
11. Significant Activity Reports, 11-12 Apr 04, detailing the events surrounding the ambush of
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Law Enforcement Sensitive
02C324

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4' '
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-FOR OFFICIAL IJSE ONLY
LaW-Enfbrcemerit Sensitive
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. •

13.AIR of S 20 Dec 04, detailing recei t of RFA, unit coordination's and interviews
of SPC111111111111 SP SP SGTalliancl SGTORMO
67c-446-4-,"

Swom Statement of SP 3 Dec 04,_ detailin he did not witness SSG __
shaot a surrenderinl Tray' male. A Yd.:n-5;

‘4-:fe
15. Sworn Statement of SPC41.1111111113 1Dec 04, detailing he did not witness SSG
shoot a surrendering Iraqi male. /

4 Ic-c‘‘-s-
vc-- 45 44-K
16.Sworn Statement of SF' 6 Dec 04, detailing he did not witness SSG
hoot a surrenderfft Ifaqi-male. 6 .7e-.571‘•-..s-

17.Sworn Statement of SGT1111,8 Dec 04, detailing he did not witness SSG 111111111111111.shoot a surrendering Iraqi male. 6 7e-.s--
18.Sworn Statement of SGT411111111111. 20 Dec 04, detailing he did. not witness SSG-shoot a surrendering Iraqi male. 4 7 e- S"-T 6- C.- S-x7c-4.-‘p_c ?e-fik-K 19.AIR. of SAO= 11 Jan 05, detailing receipt of RFA and interview of SSGelline 76- ‘;‘,‘...ce-20.Sworn Statement of SSG 11 Jan 05, detailing he did not witness SSG ire his weapon during the firefight. b7c-s-/ dkX 47e--4ce(‘-
21.AIR of SAillM16 Jan 05, detailing receipt of RFA and interview of SGT...
_ Fc‘C- fe-
22.Sworn Statement of sminouri5 Jan 05, detailing he did not witness SSG
Es_weapon during-tbe:firefight.

i4si.'
23. AIR of SA 0 Feb 05, detailing unit and SJA coordination's and name check
results of SSG 6 7C-.57/‘--S-

• '1
STATUS: This is a final report. Commander's Report of Disciplinary Action Taken, DA Form
4833 is not required.

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Law Enforcernent Sensitive
94.413

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_
Lavii Enforcement Sensitive
REPORT PREPARED I3Y
76-6 g-6'
Specia
DISTRIBUTION: _ _ _ Dir, USACRC, Ft Belvoir, VA Cdt, 22d MP Bn, Ft Lewis, WA Commander, 6th NIP Group (CID), Ft Lewis, WA 98433 CHIEF OF STAFF; FT CARSON GARRISON COMMANDER, FT CARSON Dir, AFIP, Rockville, MD CDR, 1ST MOBIL,IZED BDE, FT CARSON, CO CHIEF, CRIMINAL L,AW, FORT CARSON, CO PM0, FORT CARSON, CO FILE
4
FOR OFFICIAL USE ONLY Law Enforcement Sensitive
020326
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) FOR OFFTCIAL USE ONLY
'0326-04-C10056-76236
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LAW ENFORCEMENT SENSITIVE..
_ • • _ • , • .
4ASENTS INVESTIGATION REPOR---• ,----
CID-REGULATION -195-

BASIS FOR INVESTIGATION: About 1000, 11 Aug 04, this office was notified by Military Police Investigation (MPI), Office of the Provost Marshall, Fort Carson, CO (FCC) 80913, of an undetermined death of, an Iraqi Male, who was killed in Iraq by an American soldier who was in a
surrender status. (see email for details) , - .
_. ,74.°,41.P/Z°"

r A review of the.ernail disclosed that VVarrant Officer Candidate (VVOC) Warrant ,,_, Officer Candidate School, Fort Rucker AlaiDama (FormerlY 5025th -GarriSail - -u 04-0-nit, .FCC ,../
ie-(44-i
overheard a conversation between SSG (NFI) and MSG both_assidneci tO 5025th-GarriS0 SUI3Port Unit, FCC. The emp-il reflected S - - ---- - , ,, Wa8 telling MSC111/110a story that While in Iraq , on -crrie occaSion- -while:he=the,
,
Voy cornmander, the convoy waS ambushed b iradi soidiers: The Convoy had stoppec1_, .
dismounted and engaged the Iraqi's, SSG then stated an Iraqi soldier then .4 74..". /
surrendered; however, SSG .

was upset about being ambushed, and thenmurdered S7cr-gy.•_-_.....,
the unknown Iraqi Solider.
, op---.s

‘4.°K
t, le - -f -AGENTS COMMENT: On 11 Jul 04, the email was sent from WOC.11111111to his supervisor on67-;‘,; FCC, MAJ 5025th Garrison Support Unit, FCC. On 4 Aug 04, the email was then
-
forwarded from MA to the Provost Marshall. 7C-5r 66-34
c-/r‘P.( 7 --3,0-3 onil Jul 04, ,SA coordinated with MAJ who related he received the ernailolc-T.a from WOC herein he forwarded the ernail to the office of the PM0. MAJIIIIIIIprelated he has not spoken with WOC re ardin the allegation. MAJOINIErelated he has no‘76-4-0°' knowledge of this ini9Or; .§SG is a reservist assigned to Fort Campbell, KY, wit 7,...:,,,,,--,.
.
. . ./7C-C‘ta
duty at Fort Carson, CO-. ' 0 related VVOCeiniais currently a student at the VVarranir W6'.
L C c e, d(4 4
Office Candidate Course and MSG... is assigned to 5025th Garrison Support Unit, FCC.v7-:, -
g7--c G 476-K60-se About 1320, 11 Aug 04, S interviewed MSG.111.1" who rendered a sworno.e..c,46.5 statement, wherein he relped nversation between hirn and SSG vvas regardi e...,._ a hostile death of an Iraqi. V related that SSG also stated that the Ir c-'46.4-•
_
soldier was surrendering with a white flag on his weapon, however, when the Iraqi was approaching _the co_n_vo --he was speaking:in his native lang_uao and:then pointed his weapon:towards SSG #76,s-04
.464/
rml the conV- ca ime the US service rnembeAAng,a_gftsl the Iraqi who was then- killed: MSG Iso e id that SSG demo`rlsfarelli fiow the Iraqi pointed
,_,his weapon at the convoy and that WOC tor--
see the demonstration because hibc.4(4was sitting at the adacent cubicle with his b conversation. MSG also related that '
4:
'fled due to a hostile situation. (See -Sworn statement for details)
S A
4.8TH MP NT (CID , 6525 SPECKER AVE, BUILDING 1816 FORT CARSON, CO -80913-4203 PAGE 1 OF 2 PAGES
CID FORM 94-E (1 OCT 98) FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE '026327 EXHIBIT MI fl
.1 FOR OFFICIAL USE ONLY
0326-04-ab036-76236
LAW ENFORCEMENT SENSITIVE,
----AGENTS IN-VESTIGATINT957ORT
CID REGULATE°

/
. .
coordinated with CO Commander, 1st
Mobilization Brigade, Fort Carson, CO 80913, who was briefed on the merits and facts of this
,

investigation.
g7e--3/ On 13 Aug 04, SA1111111.11011.coordinated with CPT Commander, HHC,pc__5:es 5025th Garrison SuPport-LJnit, Fort Carson, CO 80913, who related SS is no longer-' assigned to her urtit and lie is currentlNi assigned to the 706th Transportation Company, Fort Carnpbell, KY. WO1 was currently assigned to the Mobility VVarrant Officer Basic Course,
-
-
-
-rort ."dStis, VA: .‘.7C66ekie-
AO.ENTS COMIVINT: The tst Mobility -.Brigade and the 5q25th. qatrison SO01 Unit 4re thk.some
utlit8, • -
On 13 Aug 04, the Fort Campbell Resident Agency notified this office that the 706th Transportation
Company is not an active duty unit assigned to Fort Campbell, KY.

On 16 Aug 04, SAINIMMININqueriecl the Internet and located the 706th Transportation Company
Medium Truck (POL), 271 Hedges Street, Mansfield, OH 44902, telephone number

01411.111M
7e-4
On 16 Aug 04, S coordinated with Mrs. 706th Transportation
Company, Mansfield, OH, who rel ed that the 706th Tran ton Company was deployed to Taji,
67C--3,

Iraq, telephone number DVN
47C-A(‘-' 1,14(-3 On 17 Aug 04, SA coordinated with MAJ Commander, 706th Transportation Company, Iraq, whip was briefed on the merits and facts of this investigation.
On 30 Aug 04, SAMMIIIIIIIibriefed COL that this incident vvas documented in a 15-6 Investigation, wherein all convoy members stated the surrendered Iraqi was killed vvhen he !pointed his weapon at the convoy members. COLIIIMBrelated he had no knowledge of the 15-6 PC-V1-...7 Investigation nor did he have a copy within the files of his unit. He related since the 706th Transportation Company conducted the investigation and the unit is still deployed to that theater, then the 15-6 Investigation must be-on file within that unit.
On 30 Aug 04, SAIIIMMIDcoordinated with CPT Rear Detachment
e_....!Y-.• a •_Y1..a. • -YaY _Y• •
of this investigation. CPT elated there was no copy of the 15-6 Investigation on file at his unit. The entire report is on file with 706th Transportation Company, Iraq.///LAST ENTRY///

j7er°4:(•"'
SA (A8 - DATE 48TH MP DET (CID), 6TH MP GRP (CID) 30 Aug 04 6525 SPECKER AVE, BUILDING 1816'

FORT CARSON, CO 80913-4203 PAGE 2 OF 2 PAGES

. -litier5554
CID FORM 94-E (1 OCT 95) FOR OFFICIAL. USE ONLY LAW ENFORCEMENT SENSITIVE 0 2 3 2 &xl-fierr /

y 0326.
r-1...pFF-7 • 0 4-CID.Q56 .1.623 6.0f-
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•
SWORN STATEMENT
Location: FORT CARSON, CO Date: 11 Au .ust 20Q4 Time: 2:48:38 P Statement Of: 76-1441. SSN: Grade/Status: MSG/E-8
,
Org/Address : 5025TH GAIRRISON SUPPORT UNIT, !BUILDING 3450, 7335 WOMAK
.
• STREET, FORT CARSON, CO 80913
' ' - '. - --4--2Z-4-614-V-.1,_ VVANT. TO MAKE:THE FOL.L0XLVING STATEMENT _UN D Ell.„,_...„6_, c (6.-C" 0 t AlpOuit 21-Juri,p4, SSG1111111111111, a _member attached to 651st, an17' agency.within the same building o my um , was in our office,at bldg 3450 discussing a ,, z. fire fight that had haPpened to hirn in Iraq. SSGIRIIIrsaid that iie was convoy 4.74'1P44---
.
commander traveling through a small encarnpmen w en e,was ambushed. He .. stopped the Convoy and in hiS WOrds "circled the vvagohs". He had arthe 'SoldierS-circle the trucks and return fire. The firefight went on for aboUt 5 minutes when he called. for backup. An MP E3N was sent to his coorclinatet and the battle concluded after about 15 minutes with one Iraqi still in the building. The Iraqi came out of the IDuilding with a white flag on his weapon. The Ira i vvas sa in something while wavin his weapon when he
47e C e{
lowered the weapon in SSG irection. SSG 2id he,tppk him - -out. Later that day, SFC approached me and aske I giCdfnifilflre said.7C-r-fer-f-g----and I said yes. SFC Said that he thought it was murder and I said it was not. -7e- ,,Ge.--,
k -e-i
SF...Masked if he could go hi her and I said yes, but that it did not appear to be ,__.,.. murder in my eyes. I felt that SSG nd his people showed courage under X 7.''''S--f /J4---1 fire.

7e-i; .‘1-.- .
Q: Do you know where SFC as standing during the conversation betvveen you and j47-.5",
A: He was working in a cubicle at his computer adjacent to rny
was the conversation in a normal tone or vvas I'm a higher tone to where SFC
med b-e able tAa•clearly hea-F th-e conversatic0

e tone was normal; hovvever, there WaS no wall betvveen the culDicle betmen ,.,/-41,4- 9 myself andellille VVe could see each other and I aril certain that he would be able bo• to hear the conversation clearly. Further, it might be possible that since his back vvas
ovvar my pu e nny e conversa ctY
44/6-17'
oPeratiOns, that SFAININIOrnay not have heard the portion where the Iraqi pointed k ‘," his weapon towards SSGUMINIIIII. direction. 47e-s-,-A--
7e-Kri‘-K
EXHIBIT YINITIALS: PAGE I OF 3 PAGES
, „ ,EXH i BIT LAW ENFORCEMENT SENSITIVE 04U 32 d
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0: Did .SSG ,_emonstrate how the Ir_aqj poipted his weapon at him; 7ec. which forced irn to re urn ire at the Iraqi?
A: Yes he did. He-stated that. and demonstrated that the Iraqi was saYing something in „ forei n Ian Liege and then pointed the weapon at SSG SSG
hen related that he had choice but to fire Is weapon and the Iraqi died17C-.5,‘6.5 as a reSu t.
Q: Did SSG mention who hacl witnessed this incident? 47.e-c‘4.--r-
A: He stated that all convoy personnel and the MP unit witnessed the incident.
Q: Do you knovv what unit SSGINIMIrwas attached to while deployed to Iraq.i‘7--.5;‘6
A: No..
Q: Did SSG mention if US service members died as a result of this
incident?

•
A: No he didn't.
Q: Do you feel SSG1111111111kvas sincere describing this incident regarding the-Iraqi' death, which cause a os e situation forcing him to take action to safe his life and other unit members?
A: Yes I do.
7 e-
Q: Do you feel that SSGIIIIIIIIIPmurdered the Iraqi?
A: No.
676-11/‘4/
Q: VVhy,do you think that SFC1111111fmisunderstood the context of the conversation to believe SSG ur ere the Iraqi? 67C-S;
-5C
A: SFO does not mean- anything malicious, but he did not get along with SSG
-•
Q: Is there anything else you would like to add to this statement?
A: No.///END OF STATEMENT/// C,6-
020330
EXHIBIT INITIAL PAGE 2 OF 3 PAGES FOR OFFICIAL US-ElYN

i)c.AStliVE.0.166,5EXHI.BIT
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LAW

AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT VVHICH BEGINS ON PAGE 1 AND ENDS ON PAGE 3. 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 VVITHOUT HOPE OF I3ENEFIT OR REWAIRD, WITHOUT THREAT OF PUNISHMENT, AND VVITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAVVFUL INDUCEMENT.
ing Statement)
Substribed and Sworn tO before me, a person authorized by law to administer oaths, on Wednesday, August 11, 2004 at Fort CarSon, Ca
(Signe ure of Person Administering Oath)
/76 4/
SA
(Type erne of erson A minis ering Oath)
ARTICLE 136 UCMJ
(Authority To Administer Oaths)
ESS:__,_
EXHIBIT INITIALS PAGE 3 OF 3 PAGES
02633i
FORFRAffRANYPE'
EXHIBIT
LAW ENFORCED,AENT S=NSITIVE U0 014-
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, ,Y ROI NUMBER
A:GE.INITIUMMTIGATIVE REPORT 0200-04-CID222-
0326-04-CII)056-76236

elp Regulation 145-1
1Y Page 1 of 1 Pages
• DETAIL;
BASIS FOR INVESTIGATION: About 6946, 16 Aug 04, this office received via e-mail a
CATEGORY I Request for Assistance, from the Fort Carson Resident Agency, Fort Carson, CO 80912.
to interview WOlaIIIMIMMIMIIIIIIpPWarrant Officer Basic Course Golf Company 71st6°/(''''''4--
Transporta.tion Battalion, 8th TranSpOrtation Brigade, Fort Eustis, VA 23604.

-a-3
About 0956, 16 Aug 04, S Coordinated with 1SG411111.1111111111. Golf Company, 71st
Trans ortation Battalion, 8th T spOrtation lilrigada,,F'ort Eustis-, VA 23604, requesting WO1

A c
eport for an interview. 1SG stated he would ensure the soldier reported to this
offi6e. 7C-K.‘0:14-/z z

67.d-(f 674-cfr
About 1100, 16 Aug 04, S interviewed WO1 ho provided a sworn statement in
which he detailed hearing SS tell a story about ldlling an Iraqi who surrendered. (See
Sworn Statement for Details) -76f
//////////////////////////////////////////////////////////////LAST ENTRY/////////////////////////8//////////////////////////////////////

ORGANIZATION

12th Military Police Detachm.ent (CID) Ft Eustis, VA, 23604
DATE EXHIBIT

16 Aug 2004.
CID FORM 94-E /
444544,
For Official Use Only tili 0i5
FOR OFFICIAL USE ONLY 0 2 C 3 3 2 LAW ENFORCEMENT SENSITIVE /EXHIBIT 3
1.4,4• • Le-.
0 .5' 2:1, -e74-c toc)sb-
710 2:
.
.7/ F„ OR OFFitr1At Utt '6,41!
JAW •°,
• Poi use Of this fOrtrt, see AR 190-45; the proponen§gh10altMEPS,'
-4. .4,4
.4-
PRWACy ACT STATEIVIENT•'••
, „ : „ . ,
Tihe 10' USO Section 301;_Titie 6 USC SeCtiOn 2951; E.O. 9_397 dAteci Noyernber 22; 1943 /59N):-._.
AUTHORITY: . , . . . ,
,, -.
PRINCIPAL. PURPOSE: TO ProdVide barnrnandera and lei* 6.nforoemOnt off!olal With .tnearle IlY.W.ntOb infPrOletinn rinaLY be dCtitately identified.
_ , . , . : _
ROUTINE USES: Your SoCial SeCurity number is Uted aS an adciltiOnal/alternate Means OfidentifiCatiOn to facilitate filing and retrieval: DISCLOSURE: DisclOsure of your social SeCt.irity nUniber is voluntary: - ' , XG',.-":4(..6P1.7 76-1 .6.-T.-.. -,„ -.
1. LOCATION 2. DATE (YYYYMM WEI 3. TIME 4. FILE NUMBEFt
Fort Eustis, VA 23604 2004/08/1611W 114 0200-2004-CID222

T NAME FIRST NAME, MIDDLE NANIV,-_,Le- 7. GRADE/STATUS
X 76'6 ‘0-W 1

5.. ORGANIZATION ORA ESS
Golf ComParW, 71et TransPortation Battalion, 8th TransPortation Brigade, Fort Eustis, VA 23604
.
/76- K‘A'' , WANT TO MAKE THE FOLLOVVING STATEMENT UNDER OATH: 7Cji" 4-K Id"
It was the Tuesday before I left Fort Carson(21 June 04 when SSG was in the 5025th GSU 47(=cir
Transprtation Dptaohnient Cubicles talking to MS relating Is or PA In 'rag. SSG111111.11111w40
relating what happened to his conVoy when it wat a ac e y aggressive Iraqis,: Nearthe end o s ory e 'Said
that t e had "hole up" a hostile Iraqi in a Bldg, and that the Iraqi had exited the building under a surrender flag. 47(

S
SSG then started th he wat ' ed off because the Iraqi and his cornrades had attacked his convoy_
and injure _ S an o SSG "lit up" the Iraqi when hp _had exited the building, killing him.

Q: Did SSG state w en is Ina ent occurred? 67C-ci
A: If he did, I oritternem er, but I don't think he gave a date. j‘-"
Q: Did SS state where in Iraq the incident occurred? Pf(-;..
A: If he did, OrdarliFr4k • on it, as I was not there and would not be familiar with,that
Q: Did SS e state who was with him when the incident occurred? .4 7C- 5,
A: His cony@ , -s who responded to the attack, but I am not sure what un# though.
Q:
Di state what weapon he used to kill the Iraqi? k7C-c-ro‘-'g"
a p ot a M249-SAW. •

Q:
Did SSG ay what happened to the dead Iraqi's body after the incident? IP

A: No.
e
Q: Did SSG ell this stonj to anyone else tilat_you know of? ,v
.6"---C-
A: No.
Q: VVho was resent.mi en SSG111111111111111Pwas telling the story regarding shoot-1,g the Iraqi?
A: MSG , he is assigned to 5025th GSU, Fort Carson, co. 6 7c-
Q:
Did seem remorseful for shooting the Iraqi and killing him?‘7 4(‘-/t"
A No.

Q:
Did SS state if anyone else assiSted in the shooting of the Iraqi? 67e-5; 5-

A: He was no speci ic. 6 7C- 5-r,"5-
Q: What is your aSsociation vvith SSG
A: He was a ned Transporta ion e ac ment when was theassistant NCOIC.
Q: Did SSG ention any other "shooting incidents" that occurred in Iraq? ‘7e--5-",
A: No
a Is there anything flirther you o add to stair state-Merit?

A: No./IEND OF STATEIVIENTH d- Ye: Ca7_414-
11. ERSON MAKING STATEMENT
10. E.XHIBIT
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TAKEN AT DATEDADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF
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THE EOTTOM OF EACH ADDITIONAL PAGE MUST BEAR TFIE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBEIM,SnB
INDICATED. USAPA V1.00
DA FORM 2823, DEC 1998
.°V;-='2eigtdikerigiONLyYEXHIBIT*
LAW ENFORtIFIVIIFNIT rt n e
€53u.--04-e-1120s1--ZI3e-
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FOR OFFICIAL USE oNir J
USE THIS PAGE IF NEEDED. tilikiMeNFeYi"j's-F.es'a 'E/"P901691 EdEAL PAGE OF THIS FORM'.
• " " • • ,
STATLMENT OF Eustrs, VA DA-rhu -2004108P17-

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9. STATEME tinued) ***Ndf-U-Sed** 6-1(.
(7 7
AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT VVHTCH B GINS ON PAGE 1, AND ENDS ON PAGE 3 I FULLY UNDERSTAND TFIE CONTENTS OP THE ENTIRE STATEMENT IVIAPE 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 VVITHOUT HOPE OF BENEFIT OR, REVVARD, VVITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INF
76-14,k1
(aignature of P_er.soriNlaking tatement)
Subscribed and sworn to before me, a person authorized by law to
WITNESSES: administer oaths, this 18 day of AUgliSt , 2004
at Fort Eustis, VA 23604
.. •
ORGANIZATION OR ADDRESS of Person Administering Oath)
7e--6
12th Militafy PClice Detachment (CID)
(Typed Name o f Person Administering Oath)
Article 136, UCMJ
(Authority To Administer Oath.13 20335
ORGANIZATION OR ADDRESS
v&-Lte,1‘4(
INITIALS OF PERSON MAKIN
.3 PAGES
PAGE 3, DA FORM 2823, DEC 1998
MR OFFICIAL USE ONLY' pu 018
I A %MN
FOR OFFICIAL USE ONLY LAW ENFORCEMENT §ENSITIVE
. -
,ArGENT'S INVESTIGATION ItEPORT 0326-04-CID056-76236 CID Regulation 1 5 1. Page 1 of 1
.
•
-,4 ,
About 1000, 20 Oct 04, S eceived the completed a Request For Assistance (RFA) packet fiorn the ha CID office. The RFA packet included: the final information report; AIR of ,r/:/
. . . . A.7c- f/,'..-
SA aji Branch Office (CID ; Fuldnigs a.nd Recommendation memorandum from 6 1.5-6 inVestigating officer. and 37 sworn tatements of convoy members involved in this
t
.
incid.ent. After a revievsr of the RFA packet it was discovered f.hat the staterneritg were riot
.
. . .
complete and the statements were riot the on inals. A review of the statements also revealed no
‘
specific questioning on SS involvement. (See AIR of S op details1
' 5 7c7.- cck ,07: , , . 74„....5., .....5. .057C----- sc: e-
About 1755, 28 Oct 04, SA advised SSG , of his nghts, which he
waived, arid provided a Swo tateitent in whith h.e denied he a lied an Iraqi soldier , . , zz; (....
during a cease fire. SSG st.ated. there was an Iraqi soldier who surrendered 657C-'4.°42- —

..under a white flag; however, t , a so ler Was take , . nsoner of War by a unit frOlil ..,,._ - e‘s-
t119 ist CalV , _ Division w o had assisted SS onvoy when they came under ‘7""s/
je° ',-..‘‘'atiack. SSG het stated WO as Only present for a portion of his Oe...1(.61;e:P—

conversation wi herein he discusSeol t incident under investigation. ///Last Entry/// „c":6.: 4e-
1
48th Det (CID) Fort Carson, CO 80913
t-145434.--
Signa vYDate: Exhibit: 28 Oct 04 026336 U0 019
CID Fenn 9
FOR OFFICIAL USE ONLY
EXHIBIT, S'
LAW ENFORCEMENT SENSITIVE
)03264)47-CM)50.-73

RIG111 WARNIN. G PROCEDURE/VVAIVER CER1LOCATE For Use of this fonn, see Alt 190-30; the proponent agency is OnCSOPS
DATA REQUIRED BY THE PRIVACY ACT
_
Title 10 - United States Code, Section 3012(g), , _ . . _
AUT'HORITV: . _ . ._ ., __ .. _ ,_ . .
PRINCIPAL PIJRPOSE: To provide c—ommanders and latif enforce-Ment officials with Means 'biwhich information may 13e accurately identified.
ROUTINE USES: Your SOcial Sedurity Ntimber is U.Setras an additional/alternate means ocidentiatizAAV-ilitate filing and er

.
DISCLOSURE: Disclostire of yonr Social Security Nimiber is voluntary. .k 7 C--f"' IF' 7 64,
-
1. 1,Pl.:A3.19N , 2. DA1.13 3. LIME 4..F1LEN UMBER
, 2-Oct-0 /6-4.-0326-04-01)056-76236
48tn Police Det. (CID) Fort Carson, CO 80913
Name Last hirst S. ORUANIGAliON og ADD SO
7cn-s
5025th Garrison Support Unit
/. (.3RADEJS11111.
Fort Carson, CO 80913E-6/SSG
PART I - RIGHTS WAIVER/NON-WAIVER CERTHICATE
SECTION A. Rights
The investigator whose name appears below told roe that he is with the United States Army Investigation Command as an Special Agent and wanted to question me about th following offense(s) of which I am suspected/
iii•
Murder and ConspiraCy/ .6. 76-._c, c.e.:_c.._
Before he asked rne any questions about the offense(s), however, he 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 tallc 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 M the Government or a military lawyer detailed for me at no expense to me or both.

-or-(For civilians not subject to the UC1d1) I ilaVO tho right to talk privatoly to a lawyer before, during, and after quoctioning and to havo a lawyor pr cent with mo during quocti ning. I uncl rctand that this lawyor can bo no that I arrange f r at my OWE. OXpOn00, r ifI cann t aff rd a lawy r and
. . . .
4. If I arn 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 (Continue on reverse side)
SECTION B. Waiv
I understand my rights as stated above. I am now willing to d' cuss the offense(s) under investigation and malce a statement without talking to a lawyer first and without having a lawyer present with me
3. S1GNATTJIZE OF 11,1T.ERVIIIWEB
WITNESSES (if available) la. NAME (Type or Print) 76.- C#-$
13, ORaANI4ATMLOR-ADDRESS AND PH3NE__,..
2a. NAME (Type or Print)
b..ORGANIZAT1OH OR ADDRESS AM) PHONE
7-41301.10.1 eft-
FOrt Oarson, .Q0 30913
SECTION C. Non-waiver
1.
I do no want to give up my rights El I want a lawyer -0-1-do-not-want-to-be-questioned,orsay_anythiag

2.
SIGNATURE OF INTERVIEWEE

ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
nis¦
FOR OFFICIAL USE ONLY LAVV ENFORCEMENT SENSITIVE 02C33' EXHIBIT: (.00 (00 020
12.6-94.
FQ oFFIciAt„-... tisa 4,4W. eNFORcgrogi\n"
-SWORN ,STA`i'r1SWNT-
FILE NUMBER : 0326-04-0D056-76236 LOCATION : Fort Carson, CO -80913 DAT : 28 Oct 04 7C..,5."'" TIME! /7550 NAME 6 7ec,
-
SSAN Gracle/Status: E-6/NG ORG/ADDRESS : 5025, ariison Sypport Unit, Fort Carson, CO 80913
g7-r. 6
ANT TO MAKE THE FOLLOWING STATEMENT UNDER 0 H:
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ENFORCEMENTarefil
taken on,25 Oct 04, at Fort Carson, CQ continued:"
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EXHIBIT Co
For Official Use Only Law Enforcement Sensitive
4 0
U 9 0 2 3
FOFI OFFICIAL USE ONII: -
12/6'Ci
ENFORCEMEftSiftlq° cip°56-76236
'
Statement of , taken on 28 Oct 04, at Fort Carson, CO, continued:" , 7‘-779
-Lost,. \N.A. A"-NO
(!z`.-1:)0 t,o..st,-It, add 4-0 +t,As 11/0 //re-IvO oF sTA-76--m ilf 6 7e--s;.‘‘...--
16,5.1''C AFFIDAVIT
HAVE OR HAD READ TO ME THIS STATEMENT WHICH BEGINS ON F' GE 1 AND ENDS ON PA 8 . I FTJLLY UNDERSTOOD THE CONTENTS OF THE ENTIRE STATEMENT MADE I3Y ME. THE STATEMENT IS TRTJE. I HAVE INITIALED ALI, CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE TIIIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR. REWARD, WITHOUT THREAT OF
PUNISHMENT, WITHOUT COERCION, TJNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.
WITNESSES:
Subscribed and sworn to before me, a person authorized by law to administer oaths, this 28th day of October, 2004, at Fort Carson,
48- Military Police Det (CID) Fort Carson, CO 80913 • ORGANIZATION AND ADDRESS
erson nwnstenng Oatfi)
Article 136, UCMJ
Outhorit y to _Administer Oath)
76" INITIALS OF PERSON MAKING STATEMENT: Pagel-A 4ages
For Official Use Only 4144.664.1, EXHI1IT 14 Law Enforcement Sensitive 020,341 1)6 024
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FoR oFFIcimo.lisp or4., • ), LAw ENFoRcEmpw,spNsiTiyg--
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., •
—04557 0 02634 2EXHIB,IT(12
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tllY 0'25
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DOD-043422
,,) -1.9JR ofFiciAL , LAVV ENFORCEMENT SENSIIIVE
• • ..• , 3 2,64.: 0,5 -0056 6 2 3-- 6
.
-
-
ROI NUM13ER
AGENT S INVE_STIGATION REPORT
0254-04-CID899
CID Regulation 195-1
Pa.ge 1 of 1 Page
DETAILS
ETAILS: .
On 22 Aug 04, this of-fice received a CAT 1 Request For Assistance (RFA), forwarded froth the 22nd MP Bn
.
(CID), Camp Victoiy, Iraq,. th the Taji B0-(CID), Camp Cooke, Taji Iraq (CCTI), to interview members of
he 706th Tran Co, pertaining tO an alleged shooting incident involving SSG
706th Trans Co, CCTI.

76" C; ‘-' iz s
.maitat"C . - . '757 - ' , -3r‘O -
On 24 .Au 04, SAIIIIIIrobtaineci a copy of a commanders inquiry (Enclosure 2) from LT.

Commander, 593rd Corps Support Group, CCTI, conducted between 20-27 APril 04, on the
_ ,
nci ent w ph took pla.ce on 1 1 A r 04. After reviewing the statements it does not appear there was any , c_e. z,._ i ongdoing on the part of SSG t the time of the incident, however a copy of the report is P -/"24°--eing forwarded to yom- office for your evaluation.
GENTS COMMENT: Between 27 Aug 04, and 13 Sep 04, numerous attempts were. made to contact Fort Carson via email at several different addresses, in addition to telephonically. Contact was finally established ri.
th 1.7e-, 6 to 1
etween SAIIIIIIncl SA
. 48 MP Det (CID), Fort Cason, Co 80913, after a voice''i.76,t;t0
..
ail message waS efl contaimii y Knowledge Onlin.e (AKO) email address and an ernail 6(r..
--Afipp 67 tot.
as received from, S on Sep 04. On 16 Sep 04, an email was forwarded to S om . . e 22nd MP Bn CID containing several prior attempts to make contact with this o ice y SA
.
,.7 7 60‘-r,_
48th MP Det (CID) Fort Cason Co 80913 that were never previously received by,7
Or this o ice. There were evidently some problems at the point of origin with sending email to br C4 °b­an exiCa On Line (AOL) account (which has been easier to access frona the internet connection here in rr. CCTI than the AKO website) and the messages sent to SAIIIIIPAKO aCCOUpt were never received. 6z- it 0, [-- /
his communication issue is what has resulted. in the amount o_ time having expired. between receipt of this
A and it's completion.
////////////////////////////////////////////////////////////////////LAST ENTRY////////////////////////////////////////////////////////////////

7
_
TYPED AGENT'S NAME AND SEQUENCE NUMBER ORGAINTIZATION
Taji Branch Office (CID)
644‘2--
6 Camp Cooke, Tail, Iraq APO AE 09378
DATE EXHIBIT
18 Sep 04
ve-/,0-/
CID F G•74,5-4.0
1 FEB 77
LAW ENFORCEMENT SENSITIVE
EXH T43 IT
Page(s)

Referred to:
U.S. ARMY OFFICE OF
THE JUDGE ADVOCATE GENERAL ATTENTION: DAJA-AL, ROOM 1E739 2200 ARMY PENTAGON WASHINGTON, DC 20310-2200
MAJOR NELSON VAN ECK e son.
(703) 588-6787
6 2 3 6

FOR OFFICIAL USE ONLY
LAW ENFORCEMENT SENSITIVE

ROI NUMBER
AGENT'S INVESTIGATION REPORT 0333-04-C1D899
CID Regulation 195-1
PAGE 1 OF 1 PAGE
DETARB
About 1400, 16 Nov 04, this office received a Category 1 Request for Assistance A) from the Ft. Carson Resident Agency, USACBDC. The RFA requested this office locate, fully iden , ancl obtain,supporting documents detailing the capture ancl confinement of an imknowrt Iraqi detained by an unknown unit from ICI) for an attack on a convoy from the 706 Transportation Co on 1 1 Apr 04.
74-/Sk-I 1,7-416f About 1100, 20 Nov 04, SA ordinated with CW3 Division. Interrogation
. .
Facility pm, 312th Military Inte igence Battalion, 1CD, Ba in an attempt to detenmne the umt which detained the unknown Iraqi on 11 Apr 04. CW3 revievved the DE det ee_roster bat was not able to identify a detainee or a specific unit involved in the incident under invegigatio
.74.--X Abou.t 1530, 20 Nov 04, SA41111111111. coordinated with CW2 Criminal Intelligence Coorrlina
• tor, 22nd MP Bn (CID), Baghdad, Iraq, who conducted a search of the Biometric Automated Tool Set (d.etainee data base) to determine the identity of the Iraqi detained by the imknown unit from the 1CD. The7c_ , 6j-1 search identified M.r.4.111111111MaliraillP, Lutafiyah, Iraq, Capture Tag 118MPC0-040, as '-being one of two detainees captured by 188 Mp Company during the ambush on the 706' Trans Co convoy. The report indicated two Iraqis were capttired and processed at Forward Operating Base (FOB) 'Calm (formerly FOB Phantom), grid coordinates Siilymaniyah, Iraq (Kirkuk area). (See SIGACTS printout for details)
STATUS: The basis of this RFA has been completed. ////////////0/00/7/11AST ENTRYOMM////////0//////rn
ORGANIZATION
38TH MP DET (CID) (DSE), 22ND MP BN (CID APO AE 09324
DATEY EXHIBIT
20 NOV 04
t
FOR OFFICIAL USE ONLY
4tti) 0 9 2
FOR OFFICIAL USE ONLY
9 AIMS Ir. rk, I v. eft et,Y6v. DI SI F1,.. 11.0.• Ams sea elYe masa.
•
k41-,
Referred.to: •
U.S. CENTRAL COMMAND-- • .
71.1.5 SOUTH: DouNDARy BLVD .
ATTN: ,CC.J.67DAT . .
mAcpiLL AIRFORCE,BASE

7.„
aster Sergeant amela Andrews andrewsp@centcom.smiLmil --(81-31-827:5341/2S30--
02C 3 ig-444-'5644'
Lfnavvy 0 2 3 0 -.FOR. OFFICIAL. usg..optior
LAW pWQRCEMENT
ROI NUMBER:
AGENT S INVESTIGATION REPORT Q 3 47-04-C10899
CID Regulation 19.5-1
Page 1 of 2 Pa.ge
DETAILS.
ASIS FOR INVESTIGATIONt
On 2 Dec 04, this office redeived a Request For Assistance (RFA), from the 48th Military Police (IVIP) Detachment . (DET)(CID), Fort Carson., CO 80913-4203, to locate and interview soldiers of the 706th Transportation (Trans) Company (Co) Camp Taji; Iraq (CTI), Who vvere involved in the convoy attack Of 11 Apr 04, as well as obtaining original documents
rOrn the Commander-IS 15-6 investigation following the attack.
DETAILS: . b7L4... 6 0-(
On 2 Dec 04, SA411111111Sent an email message to Ft Carson requesting they review the 15-6 and determine which individuals Were significant interviews and exactly vvhat they wanted to know from those individuals to reduce the scope of this RFA. I
b7.6-a0-.
. I--
On 3 Dec 04, SAMISreceived email back from Carson identifying 7 key individuals to be interviewed and what questions they wanted asked.
-
lifitit/ .
DNyamans whch, provide a POC and phoneOn a Dec 04, SA ;coordinated with CO
Ccprnander 706t Trans Co, (DNVTalli
nUmber for the 706. Transportation Company as bemg MM email. ,us.army.rnil. 67e-3,,;(6'7
-
-
c' ' ' ' ,, , 6.7 C:;,4$ ,.° 7'-'Pre'6‘-. 5
-
d thaP411
oordinated with IVIAJOIlla who related he believed he no Ion er had an original COI)On 3 Dec 04, SA stated CPT ---
1576 investigation pertaining to the incident but tliat he would look for it to make sure. MA
. , _
may possibly have the ori inal docurnents if he did not but that he ned'Since 7e.4
who conducted the original in ui
Sp
re-cl ed to Ft Lewis, VVA-. MAJ said that SPC
706. TRANS CO, CTI, were still located on CTI.; SGand Sp
nd SG 706th TRANS CO, CTI, were medicall re-de lb e o the th Ft
o the medical center at t am Hous On TX because of burn injurieS and SGTstates, SG
676.c.fc
nd SGTCampbell, KY as a result of diabetes; SGT
7oom TRANS CO, CTI, are both forward dep oyecl tO FOE3 STRYKER for a out another We_ek and he woul. no 1 is i.,76 -1(4
-
eacorted to thiS office foran
arran ed to have SKI...and SP
office when they returned. SA as on loan to A Co and wou cl take a little more time to locate. 67c.:,C,C-1
inten/iew ASJIALAJ stated SP
.
l'7`4-l''' 6, iiiiiig--t ---..-64"--s-
and obtained a SWOM written statement in which he related
bout 15454,Dec 04, SA 'nterviewed SPC
he incidenfOfll Apr 04, aS he rernemberedit. SF atier Eared:III-at li* did rfo-t Wit-fiess SS0

apprehend-or kilt any Iraqi'S. (See sworn staternent for-details) /7,-44:_
74:4ie' -
' . -0-44.-i.- -
bout 1600, 3 Dec 04, SAIIIIIinterviewed SP n oloOlp,gla,szgrp:written statement in which he
elated the incidents of 11 AT:Wl, .

'a; as he recalled it. SP furtNeffre*IfileaThe did not witrss SSG e sworn statement for details 6 d"-C-CA‘"."C
7C—(.f'. 176-4,
*nterviewed SPCIIIIIIand obtained a sworn written statement in which he related he
bout 1100, 6 Dec 04, 5 the entire time of the incident and did not witness hirn involved in detaining any Iraqi ,47-r,(4:-. 5
as near SSG soldiers, or shooting any Iraqi detainees. (See sworn statement for details)
ORGANIZATION
TYPED AGENT'S NAME AND SEQUENCE NUMBER
V Taji Branch Office (CID)

/6' 02C341
Camp Taji, Iraq APO AE 09378
DATE EXHIBIT
SIGNA .
20 DEC 04 1 3
/ 6- (ta-1
CID F
MIENN Mignbt U 098
. 1 FE
LAW ENFORCEMENT SENSITIVP
CITI'r` 7- 6236

AGENT'S INVESTIGATION REF' R " 0347-04-CID899
CID Regulation 19.5-i
Page 2 of 2 Page
'''' (
DETAIIS b 7&(1 C ' 7.-441--i..' it, ,. AbOLit 1000, 7 Dec 04, SAallEcoordinated with SSG NFI, (DNVT41111111111 706- Trans Co, whO related he believed that the other 2 soldiers, SGT4111111ancl SOT ad just arriVed back from FOE3 STIRIKER and676.
. ,
shotild be in debriefings all day. He said he Would coordinate With the First Sergeant or MAJ.IIIIIIto contact rne0c4--regarding setting up interviews for them and also to find out if MA11.11111111has the original 15-6 documents.47G-3,a-.X . J47.......' - . ' ' -. __,j7='%'.,C-°I`
e7(C-1 ...i...1‘‘...
On 7 Dec 04, SAIMMIllsent an ernail to MAJemiorequesting tirnes for interviews of SGTamand SGT z7 status of oh -inal 15-6 investigatiop_pertaining to the 11 Apr 04, incident and contact inforrnation pertaining f6
Aim
SGT and SGT 7 Kt. ‘fe"Y,-....,‘o-e' , ,
--/-74 rt 6.76-,c 6:*
About 1140, 7 Dec 04, SA as contacted by 1SG 411.116.1706T" Trans Co, who related SPC ______ ould .
' 67i/illy MEW
be in the office tomorrow, 8 Dec 04, about 1400, to be intervievVed, and-that CPL as s r away in Kuwait ag .,
, 1.11111111w fit ' . d,,,_ ,-,... would hopefully be back on Camp Taji in about a week.- 1SG also stated they believed the original 15-6 t `--- Dc.----!:
THY z
investigation may have been in the possession of CPT OSJA, 13 COSCOM, CTI, and is believed to a-.? -.‘,„A have been packed away in a connex, already enroute the US where i would arrive in about 90 dayS.
. 1.76-4‘61 C. C-`-(.F
About 1422, 8 Dec 04, Saiallinterviewed SGTOW/who provided a sworn written statement in which he related there was one i ofiaiglip-1,wfi.o waived a white fla! 1::_ming the incident on 11 Apr 04, but that he never saw SSG hywfigft Kear that Iraqi. SGTfurther stated he never saw SSG pprehend_any Iraqi, or shoot any reql under apprehension. (See sworn statement for details) ‘7C::-S- 6 -, ‘S-' Ili -" --.1‘---fr -3 - 5 , , PC-7 3,(‘-,
On 8 Dec 04, S eceived an email response frOm MA stating that SGT41111111110Nas still out of the&
.
country until a -e}:gestnined ti e, that they nor CPT • ere in possession of nor could they locate the original-15 6, ' , I lonrIVEK related the only contact inforrnation he had for SGT .Was hit ernail address galpyahoo.corn) and that he had no contact inforrnation pertaining to SGT as well as that SGT1111111ha been a ready released from the unit.
Coordinated with 1SG alligliwho related that S G11111111111kould be back in the AOR and available to be
interviewed on Monday, 20 Deb 4, hopefully by 0900,

.
.6.-"/ ‘1" 7 6 fa---r . About 1137-, -20 Dec 04, SA :nterviewed SGT ho related his aceOurit Of What -took place during the 67 ambush on 11 Apr 04. SGT stated he witnessed the flag being waived and an initial a rehension of one Iraqi, v is unsure what happene o the Iraqi after he had to secure another sector. SGT urther related heb 7a-tiring the incident and he vvas not involved in aftempting any apprehension of any Iraqi, nor did he witness hIETT-Sh1701111R anricaqi-wilo-wae beirqcapture*detairrecli or-waiving:Ta whita-flag, (See-sworn statement fQr
detaiI0111111111/111-11%/11111111111111111111111111111111111111111/1LAST ESITRY-IIIIIIIIIIIIIII I II Ill 11111111 11111111111111 Mil 11 III IIILII 11181
•
TYPED AGENT'S NAME AND SEQUENCE NUMBER / ORGANIZATION
Taji Branch Office (CID)
020348
SA &lib° Camp Taji, Iraq APO AE 09378
DATE EXHIBIT
SIG
20 DEC 04
/ ad(
CID a-7-410 AskI9EIONLY 00 0 9 9
1 FEB 77
LAW ENFORCEMENT SENSITIVE
0 3 2 6 0
FOR OFFiCiAL USE ONL
4 t LAW E 77:7 c 7;-SIVTEME14X1g '7:41g V t
For use of this form, see AR 190-45: The proponent a the Deputy Chie Staff for Personnel.
LOCATION
TAJI BO (CID)

LAST NAME- FIRST E D g NAME SOCIAL ECURITY NUMBER GRADE/STATUS E-4 oRGAN1zA N.:QR ADDRESS 706,2 Tritt' com, 7C- .0 kr.
want to make the following statement under oath: On pr 1 l.t11, 2004 we were convoying between BIAP and Falujah: VVe were about 2 rniles north of BIAP when we. were attacked by approximately 300 tO 500 people. Our:cOnvoy was about i0 vehicles deep. We attempted th drive through the ambush but it went On for about 1. and a half miles. Eventually we had th stop because there was a road block ahead and it was suspected that there was an IED in it. We hunkered down and began fighting. VVe setup security around the vehicle8 and fought for. about 45 minutes until SLINDOrt showed up. Once SUppOrt ShOWed up the fight continued for- approximately one hour. During the fight one helicopter that showed up to help was shot cloWn and both pilots were killed. About an hour after support showed up we saw 1 white flag waiving frorn behind a building that was_ about 50 to 100 meters away. The 1.SG called a cease fire and when everyone stopped shooting, the same person, with the flag, reached around tlie.side of the founding and began shooting at us again.' At that time about 1.5 or 20 peOple began returning fire. After everyone fired for a little while another- cease fire Intas called and 1SG put together a group of people to go search the building for enemy. Then the creW came running back and the building blew up, I think they threw a grenade. Then we changed- three tires and turneclaround and rolled back to BIAP.
_C‘‘"".
Q: Did you see SSGigiinlrafjduring the fight and what he was doing? .
A: The only time I 'saw him was when he carried a litter to the medivac helicopter. After he loaded the. medivac I saw him in the road standing there after the medivac pulled away and he was yelling about stuff and pointing at the enemy. I think lie Said something like shoot rne, and some other retarded shit I can't remember. Anyway I went out and grabbed him I)y his vest and pulled bim back behind the truck.
Q: Was SSG1111111.11on the group that assaulted the house? 6 7e--S2-4 -S-
A: No. "76-=‘-?,(-.5"
Q: Wasel.111/11111,art of the group that was shooting at the guy with the white flag who after waiving it ffred at .
A: He could have been I don't know. I know at the beginning o the fight, he through his M-249 down to the ground and said it didn't work. At that time my buddy went and picked up the M-249 and realized
11111111110111110had loaded it improprly and then my buddy used it to fire approximately 3000 rounds°76.5 0--5 through during the duration of the flght.
Q:
Do you thinking...was involved in the killing of any unarmed Iraqi's? 6 7e-75-(14---C. A:. Don't know. _

Q:
Did VW see hireing itikTolVecrifFith-IVi RIM dr any triarmedlra-qfg

A: No.7—
Q: Did you witness anyone take any Iraqi's into custody during the incident?
A: No.
Q:
How many Iraqi's waived white flags? n y an a er e waivediMetired a us.

Q:
Were there any enemy that surrendered during the incident?

A: No.
EXHIBIT INIT ON MAICING STATEMENT PAGE 1 OF 2 PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEI1 AT_DATED__ CONTWED." THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OP THE PERSON MAKING THE STATEMENT AND BE INITIALED AS "pAGE OF PAGES." WHEN ADDITIONAL PAGES. ARE UTILIZED, THE BACK OF PAGE I WILL BE LINED OUT, AND THE STA'TEMEN'T WILL I3E CONCLUDED ON THE REVERSE OF ANOTHER COPY OF THIS FORM.:
DA FORM 2823 (ATUOMATED)
-fl:f551, 00 100
FOR OFFICIAL USE ONLY
02C34 9 EXHIBIT

LAW ENFORCEMENT SENSMVE
DOD-043429
A jun
FOR PMPI 6 0 5. 11 -
: Is there anything else you rigforticomvat Um, d-r
T SENS," vE
NO./fiend of Staternent///
6 7C-"6"' / ces
.
AFFIDAVIT
41111111111AVE READ OR HAVE HA.D READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE 02 . I
FULL T TILE CONTENTS ()F THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL
CORRECTION AND HA'VE INITJALEp Tat 130TTOM OF EACH PAGE CONTAININq THE STATEMENT._ HAVE MAHE. THIS STATEMENT
FREELY wrrgour HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OR PUNISHME — —
INFLUENCE OR UNLAWFUL INDUCEMENT.

•--.5(
WITNESSES:— -
SUBSCRIBEDAND SWORN BEFORE /vIE, A PERS° -TO ADMINSTER OATHS, TF1IS- -DAY:OF- 11! 2004-AT. ret • C
ORGANIZATION OR ADDRESS
(Name of Person A ministering Oa
ORGANIZATION OR ADDRESS Article 136, UCMJ (Authority 0 Administer Oath)
INITIALS OF PERSON MAKING STATEMENT PAGE -z_ F 2—PAGES
DA Form 2823 (AUTOMATED) 67C— U0 101
FUvi 0.9aboa,.. LAW ENFORCEML: T RFNAITiti= EX1111311"ci

030-05 °C nr7C 6 2 3 6
FOR OFPwl,99 ulor LAW ENFORCFRRFA,Ar sE4,1,4,4Ric
1r.1
SWORN STATEMENT
-Por-use of this form",-ser-AR-190---45: The roponent agency cif the Deputy Chief otStaff for Personnel: LOCATION I DATE Amos TIME 60,0 ILE NUMBER 7 --
eiet
TAR BRANCH OFFICE, CAMP TAIL IRAQ 3 Dec 04 iNIMPF LAST NAME, F SOCIAL SEC ITY NUMBER , GRADE/STATUS E-4/Active A76' ORGANIZATION OR ADDRESS 706th Transportation Company, Camp Tap, Iraq
Oki SPIN..would like to make the following statement under oath: 67 /4%
Q: On 11 Apr 04, briefly describe vvhat happened regarding the attack?
A: We left BIAP headed for 1VIEK, now called Camp Falluja. We vvere attacked from both sides of the highvvay. We kept driving and returning fire but a fevv of our trailers were hit. They had to stop and drop their trailers because they vvere leaking fuel. Some of us had to leave the whole system, truck and trailer included. A little ways down the road the entire convoy had to stop to regroup and take care of casualties.
Q: Do you know who attacked you?
A: The enemy, I didn't really care, I just know I was returning fire.
Q: How many vehicles were in your convoy?
A: About 10, or 11. ¦
Q: Do you know how many Iraqi's were involved in the attack?
A: I don't know.
Q: How long did the attack last?
A: It seemed like it was about 1 % or 2 hours.
Q: How many Iraqi's, if any, had white flags?
A: One.
Q: VVhat happened with the Iraqi who waived the white flag?
A: The guy waived a white flag and I yelled "white flag," "white flag," along with everybody else and we stopped firing. Then after we stopped firing the guy waving the white flag kept firing at us and then went back behind the building. There vvere about 3 of them that were in that particular building. I didn't see anyone kill the guy with the white flag.
Q: Were you involved in, or did you witness any Iraqi's being detained and if so how many?
A: When we finally breached the building the guy waived the flag from, we saw one Iraqi and told him to get down. We were outside guarding the Iraqi on the ground and 2 more standing when someone from the Cav came out and yelled run, pipe leaking. We ran back and reunited with the other people in the road, but the building didn't blow, or anything.
Q:
Do you know what happened to the Iraqi's?

Q:
So did you-take, or-witness anyone else-take any Iraqi's into-custody during the incident?

A: No.
Q: Did you witness anyone kill any Iraqi's being detained, that surrendered, or trying to surrender?
A: No.
Q: Do you know SSGEINIIIII. YC—
A: Yes.
Q: Was he with you when the individual waived the white flag?
A: He was not right beside me; I was not too worried about where he vvas atx c+'6-4.to
EXHIBIT INITIALS OF PERSON MAKING STATEMEN PAGE 1 OF 2 PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN AT DATED CONTINUED." THE BOTTOM OF EACH ADDITIONAL F'AGE MUST BEAR THE INITIALS OF TIIE F'ERSON MAKING THE STATEMENT AND BE INITIALED AS "PAGE_OF PAGES."
DA Form 2823 (Automated) "e"3+.rbjazZel..
-- "-U0 1 0
FOR OFFPC1 PRP I -LAW ENFORCEMENT SENS1TiVE EXlig kzogg"i
0056 .-7 6 2 3 6
rCrift iftle17041 A i MC 9Ar 5
0347 -04-CID899
(61161q1ififfaDrrra4e7gfITPX.g..: 04, CONTINUED:
STATEMENT OF SPC AKElif-AWajP:
-/1.-

Q: Did you witness SSG .11, attempt to kill, or harm any Iraqi, or detainee in any way?
A: No, after vve were attacked and pinned down, I jumped into a HUMVEE that belonged to the CAV. I was the only one from the 706th Transportation Company that approached the building where the guy had waived the white flag. This was after like us being in a firelight for about an hour and a half.
Q: Do you have anything else to add to this statement? b7e--.5,6--S—
A: Only that if there was anything that'll...did at the time that was wrong someone would have brought it up before, back then. All I know is everyone did what was right.
Q: Do you have anything else to add to this statement?
A: No.\\\End Of Staternent\\
714F'A6C6' AFFIDAVIT I, SP VE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE I AND ENDS ON PAGE 2. I
FULLY IUND T CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. ME STATEMENT IS TRUE. I HAVE INITIALED
ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS
STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OR PUNISHMENT, AND VVITHOUT COVRCION,

UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.
7elcZ"
(Signature o Person Making Statement)
WITNESSES:
SUBSCRIBED AND SWORN BEFORE ME, A PERSON BY LAW
TO ADIVEINISTER OATHS, THIS 3rd_ DAY OF Decem13er, 2004
AT Taii (Cr6), Camp Tail, Ira
ORGANIZATIQNSMADDRESS________

ORGANIZATION OR ADDRESS
ame of P ring Oath)
Article 136, (b) (4) UCMJ ( Authority to Administer Oath)
76' 6A-1c-
EXHIBIT INITIALS OF PERSON MAKING STATEMENT'', PAGE 2 OF 2 PAGES
ADDITIONAL PAGES MUST CONTAIN THE BEADING "STATEMENT OF TAKEN AT DATED CONTINUED." THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF TITE PERSON "TA. KING THE STATEMENT AND BE INITIALED AS "PAGE OF _PAGES."
U0 10f
nonn
meloONLY
LAVV ENFORCEMENT SUNsiiivW
EXHIBIT i(S"
• 7:.
to 0 3 2,4--r----7 62 36
"v.% et R.. zrk,
tva.pte.40..
rNifr,"nri¦ tr•nnrn,kr,-,,, swORN '§ItTrEVilgIN1101.•.II
-For use of this form, see-AR4-90-45".The • ro I onent enc of the De 1 u Chief of Staff for Personnel,----
LOCATION .
. TAM BRANCH OFFICE, CAMP TAR, IRAQ

LAST NAME, FIRSTNA 1 ' E GRADE/STATUS
144
E-4/Active
ORGAIVIZATION OR ADDRESS
706th Transportation Co pan Ca Ta- aq

I SPC wou lik to make the following statement under oath: On 11 Apr 04, we were on a
convoy with I think 12 fuel tankers to Falluja. Driving down the road vve took the initial ambush on the
left side, we continued to roll through and I returned fire on the left, I had 4 holes in my tanker. We
pulled about 2 Kilometers up past the initial contact point and combat dropped the tanker. They started
yelling about injuries over the radio. We all regrouped pulled forvvard and had to stop because dife road
was blocked as part of the ambush. We sthrted taking mortar fire, RPG and small arms from the left
hand side, sometime after that an Apache helicopter went down. We were then taking fire from the right
hand side, I believe and then saw someone wave a white flag. We stopped firing altogether, as cease-fir97
was called all up and down the convoy. We sent 4 CAV guys and one of our guys SPC 411111111111up fO
the building, but as they were maneuvering up to the building, we took more rounds from that location.
They dropped to the ground, we opened fire again and that's about it, we kept shooting on the left hand
side and shooting on the right hand side. We changed tires and rolled out.
Q: Hovv long approximately did the incident last?
A: About 2 hours and l 5 minutes.
Q: How many Iraqi's did you see wave white flags?
A: I didn't see the person; I saw one white flag being waved around the corner of the building.
Q: Were there any Iraqi's detained during the incident and if so how many?
A: None that I knovv of, I never saw any brought out, I never saw any Iraqi's being detained.
Q: So you never saw any Iraqi detained, or any detainees killed during the incident?
A: No.
-76-S. g",-C
Q: Do you knovv SSG
A: Yes, he was my squad leader.
Q: Do you know where he was during the incident?

A: Yes, he vvas beside me on the track to my right during the incident; we were both shooting around the right sides of our trucks. I would have known if they brought out any Iraqi's to our position and they never brought anyone out.
Q: Did he have any contact with any Iraqi detainees during the incident?
A: Nope. Q.:—Did you,see. aniwiterk-near the sitemfthe,surrender flag? : z AL_No., we_were On tlie road_the entire_time.an.d the house where_the flag was waiveciwas a. good.50 to.70 meters off of the road, o As approached the house except the guys I mentioned earlier from the CAV and .7.- b 7e-5-74(‘-'
I
Q: So did you ever see SSG kill any Iraqi that was detained, or have any dealings with
A: Negative, not a damn thing he was nowhere near them. Unless he got lucky he couldn't hit them anyvvay, because I had to score his range card and he was not to good of a shot.
Q: Do you have anything else to add to this statement?
-S-t(-1°-
EXHIBIT INITIALS OF PERSON MAICING STATEMEN11.4‘ PAGE 1 OF 2 PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF _TAKEN AT DATED CONTINUED." THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MA ,S TATEMENT AND BE INITIALED AS "PAGE OF PAGES."
DA Form 2823 (Automated) u 1 4t:
026353 ° 1
AV. trA • 110
run Ur rh‘sgIAL.,
t
2' • ,
I /AU/ CMCnon'illifIr 6re RPlitCaTiln:
7,7,g1 cFFIel AL use or.-t_g i .. , 0347 -04-CM899
1STATENIENT OF SPC TAKEN Alt 110-0.1f),qtainICp TEO, rirlaq4,TDASTIL";DEC CoNTINuED: : No.\1\End of Statement%
6
AFFIDAVIT
I, SPC/111111RAVE READ OR HAVE HAD READ TO ME THIS STATEMENT VVHICITBEGINS ON PAGE 1 AND ENDS ON PAGE 2. I
FULLY IJND FtSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEIMENT IS TRIJE. I FIAVE INITIALED
ALL CORRECTIONS AND EIAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS
STATEMENT FREELY WITHOUT HOPE OF BENEFIT' OR REWARD, WITHOUT THREAT og PUNISHMENT, AND WITHOUT COERCIOINlyz,
UNLAWFUL INFLUENCE; OR UNLAWFUL INDUCEIVIENT,

k 76—ebk-
_ ternent)
WITNESSES:

SUBSCRIBED AND SWORN BEFORE IVIE, A PERSON BY LAW TO ADMINISTER OATHS, THIS 6TH _ DAY OF' December, 2004 AT Tali BO Cfb —
ORGANIZATION. OR ADDRESS 761i
ORGANIZATION OR ADDRESS
ante Of Per n ministering Oath)
Article 136, (b) (4) IJCMJ ( Authority to Administer Oath)
1666744
EXHII3IT INITIALS OF PERSON MA1CING STATEMENTor PAGE 2 OF 2 PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN AT DATED CONTINUED." THE
I3OTTOM OF EACH ADDITIONAL PAGE MLJST BEAR THE INITIALS OF TITE PERSON MAKING TiTE STATEMENT AND
I3E INITIALED AS "PAGE OF PAGES."
DA Form 2823 (Automated) r 00 105
II -FFICIAL Pb"`"— CV WRIT r
A SAN
FOR OFFICIAL USE 60,112.4 5 _
-7 4 2 _.12
SWORN STATEMENT
Tor use of-fhliThrm, see AR 190145:Me propone 1 a enc he Depubi ChTeriii`Siarrfoi- PLersiimief.-
LOCATION DATE TIME FILE NUMBER

676-
TAJI BRANCH OFFICE, CAMP TAJI, IRAQ 8 DEC 04 / 2.2_ LAST NAME, FIRS AME SOCIAL SE NUMBE GRADE/STATUS E-5/Reserve X 7C-fe' ORGANIZATION OR ADDRESS 706th Transportation Conapari ttnteT*Iraq
SGAIIIIISIould Ike to make the follovving statement under oath: On 11 Apr 04, we left BIAP out of the South gate and were on Route Tampa headed towards Falluja and started being hit by small arms fire, mortars and RPG's. I was in the rear gun truck a fevv tankers got hit with RPG's and had to combat drop them. We then came to a halt lbecause the Iraqi's had daisy chained the road with IED's, it was then that all hell broke lose and we started being hit by all types of rounds from all sides. My gun truck was taken out with one shot it seemed. l3etvveen returning fire and providing medial assistance I ended up fighting my way to the front of the convoy. When I got to the front of the convoy we were taking fire from the left and tvvo buildings on the right. I was firing at the building on the right and I saw a man wave a white flag from behind the building, we ceased fire and told him to come out As soon as he came from the building he started shooting at us again so vve returned fire and he ran back behind the building again. He went to the other side of the building and lst CAV had come by that time, he waived the white flag again and after we called cease fire, he started shooting again. That's when we all just lit that building up.
Q: Did you see anyone take any Iraqi soldiers into custody?
A: I saw when they went to get but I never saw them apprehend him, or there were never any shots fired while they were gone, so I know they didn't shoot him.
Q: Who went down to the building to apprehend the Iraqi?
A: I believe it vvas 4 of 1st CAV's people and 1 of ours.
Q: Who from your unit went down to the building?
A: SPC4111111111110 1,7& (71t
Q: How many Iraqi's did you see wave a white flag?
A: Just one.
Q: How many were detained?
A: None, why I don't know they were shooting at us.
Q: Did you witness SSAINIMIIIIPanyvvhere near the Iraqi with the white flag?
A: No, he was no where near. 6 7e75./ 5
Q: Did you witness SSGallinilleinvolved in detaining any Iraqi, or shooting any Iraqi's being detained, or apprehended?
A: - - - --
Q: Do-you have-anything else-to-acld-to this statement?
A: No.%End Of Statement%
r
ve_iti‘6"K
EXHIBIT INITIALS OF PERSON MAICING STATEMEN1111. PAGE 1 OF 2 PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN AT DATED CONTINUED." THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF TETE PERSON MAKING THE STATEMENT AND BE INITIALED AS "PAGE OF PAGES."
r, p-
DA Form 2823 (Automated) I.J4UJU
U 0 10
FOR OFFICIAL LISE ONLY LAW ENFORCEMENT SENSITIVE min,31PIT n
R. OFFICIAL USEMOgke
.. • • ) - oz•••-.
. r 7 Fc z-..:..,••••
TAKEN T BO OM, CalriP Tail, Ir4c1, DATED 8 DEC 04, CONTINUED:
_ .
0347 -04-CID899

AFFIDAVIT
I, SGTOSHAVE READ OR HAVE HAD READ TO ME TIRS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE 2. I
FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED
ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAMING THE STATEMENT. I HAVE MADE THIS
STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OR ktmasiimprr, AND WITHOUT COERCION,
UNLAWFUL INFLUENCE, Oil UNLAWFUL INDUCEMENT.

176'15'‘
aking Statement)
WITNESSES:

SUBSCRIBED AND SWORN BEFORE ME, A PERSON BY LAW TO ADMINISTER OATHS, THIS 8Th_ DAY OF December, 2004 AT Tal CID Cain T '
ORGANIZATION OR ADDRESS
(
oc-4-
ath)
,01[G-ANTZA DRES-

67&4
(i•laine'Of Person ring Oath)
Article 136, (b) (4) UCMJ ( Authority to Administer Oath)
imp
EXRIBIT INITIALS OF PERSON MAKING STATEMEN PAGE 2 OF 2 PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF _TAKEN AT DATED CONTINUED." THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON IvTAKING THE STATEMENT AND BE INITIALED AS "PAGE OF _PAGES."
-11=1=55-s-4---
DA Forrn 2823 (Automated) 026356 uu 10 7
FOR OFFICIAL. USE-ONLY EXHIBIT /
AiY11.. OAR IPM OW Pak AC,Lis If V*. 6.1 IP. lh VI A 11.11.11,11 ff
032,6 05
-6 2 3 6
-FOR OFFICIAL usF Awl/ tNFORCEMENT SENsn-rvc
SVVORN STATEMENT
For use of this form, see AR 19045: The proponent ageimi, of the DepTofk Ciffeliff'SdITIWersentnret--DATE TEVIE LF NvivpwR , „
LOCATION 66-
20 DEC 04 t I '37
TAX BRANCH OFFICE, CAMP 0
ER , RAnE/sTATus -
SOCIAL SECURIT
LAST NAME, F T NANLE MIDDLE NAME
SGT/RESBIZVE DO(C-7 %-se
ORGANIZATION Oft DRESS
7o6TH TRANsPoRTATioN c0
would like to make the following statement under oath: On 11 Apr 04, we were in a
11) I SGTfirefight, I was in the g-un truck and my tnick was disabled by small arms fire. The moved a tanker up from the rear and as they passed vehicles people jumped up on it. By the time it reached the front of the convoy there was no more room so 3 of us jumped on the top of the vehicle. We moved forvvard to where the block was for the ambush and because we had SAWS we laid down suppressive fire from the top of the vehicle while people were being medevaced and repairs were being made to trucks so we could move back out. There were some 1st CAV elements that had come out to help and we heard someone from behind us yell there was a white flag that had come out, everyone stopped firing. There was a house approximately 50 meters off the road and there was a stick, or tree branch with a white sheet hanging from it being waived from around the house. A Cav SSG add7everyone else started yelling for this guy to come out, the flag finally stopped waiving but there vvas a blue flash and a loud band, some type of explosion happened at the house where the flag was. I don't know what happened, I don't 'mow what set e the housej
it off, I just heard and saw it. So when the explosion happened everyone started firing
probably had about 30 rounds left on my SAW belt and they all went into the house. The CAV SSG'
assembled a team 0 see what was going on, 4 of his guys and one of our guys to see what was going on,
that was after we had stopped firing again. Then they brought out one Iraqi man with black clothing on,
blindfolded him and put flex cuffs on him behind his back. I guess he had some ldnd of prbpane tank in
his house that was lealdng and they wanted to get out of there. I went back to m37 sector of fire on the
other side of the road; I did not know that they had released him until after we got back inside BIAP.

Q: How many Iraqi's did you see vvaiving white flags?
A: I didn't see anybody actually holding the flag I just saw the flag.
Q: Was it only one flag that you saw?
A: Yes.
Q: How many times did you see the flag come out?
A: Just once,
Q: How many Iraqi's did you see being detained?
A: One. _
Q: Did you see what happened to him?
- -Y
-went-back
A: No, after lie was fiet euffed, I didn't see wait rappenedrtifi kW-after t
paying atientroniO the other side of theitfeel Wheit We' W efe drawing fire.

Q: Who detained the Iraqi?
A:
This SSG from the lst CAV, I don't know what his name was.

Q.
Did you witness any Trnqi's being killed during the process of being detained?

A:
No.

Q: Do you know SSG111111.1111111111
A: Yes I do.
1,76-604`
Q: Was he anywhere near the site of the apprehension? PAGE 1 OF 2 PAGES
INITIALS OF PERSON MAKING STATEMENT,/
EKEll131T
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN AT DATED CONTINUED." THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF TIIE PERSON MAKING THE STATEMENT AND BE INITIALED AS "PAGE__OF PAGES." 02 C 355446Egi
DA Form 2823 (Automated)
FOR OFFICIAL LISF v U° 1°8 LAW ENFORCE ENT SENSITIVE cvulorr FOR OFFICIAL USE
ew!, E cNT 4r-Ti/15 7 6 ? 3 6
-C M-
0347-04-CID899
AKEN AT Taji BO (CID), Cairip Taji, Iraq, DATED 20 DEC 04, CONTINUEI):
STATEMENT OF SGT
: Yes he WaS) he was on the street with the convoy.
•
Q: Did he take any part in the aPPrehension ozfilu Iraqi s that You vvituessed?
A: Not that I know of, no. b76.-5,1).--kill or injure any Iraqi attempting to surrender, or being
Q: Did you witness SS detained?
A: No.
Q: Who was the individual from your unit that went in to clear the house vvith the CAV team?
A: It was 476-6g.-
Q: Do you have anything else to add to this statement?
A: No.%End of Statement%
‘7 e—"(6'''' 4‘
AFFIDAVIT HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE 2. I
,
I, SG AND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALEDFULLY UND
ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING TIIE STATEMENT. I HAVE MADE THIS STATEMENT FREELY VVITHOUT,HOIT OF BENEFIT OR REWARD, WITHOUT 'THREAT OR PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFU'L INDUCEMENT. " ' - -. . 676f C
(Signature o erscin Making Statement)
: -
WITNESSES:
SUBSCRII3ED AND SVVORN BEFORE ME, A PERSON BY LAW TO ADMINISTER OATHS, THIS 20th DAY OF Deteliiliet, 2004 Ta'i BO CID
ORGANIZATION OR ADDRESS -
, .

•
ORGANIZATION OR ADDRESS
'amp o • erson
Article 136, (13) (4) UCMJ ( Authority to Administer Oath)
cta-ig4
PAGE 2 OF 2 PAGES
INITIALS OF PERSON MAKING STATEMENIMP
EXHIBIT
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF JAKEN AT DATED CONTINUED." THE BOTTOM OF EACH ADDITIONAL PAGE IVRJST BEAR THE INITIALS OF THE PERSON ITAKING TiTE. STATEMENT AND
I3E INITIALED As "PAGE OF _PAGES."
_ 020358 00 loq
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i A tai EMBEirMet"fff!riifiii artiF9Roletrynajog..-aki71.11m Ro"

030 -
762 36
FOR OFFICIAL USE ONL:
LAW ENFORCEMENT SENSITIVE

ROI NUMBER
ApENTS INV-FTI.GATIQN. REPORT 0011-05-CID044
26922CID Regulation 195-1
PAGE 1 OF 1 PAGES
DETAILS
bout 1335, 10 Jan 05, this office received a Category I Request For Assistance (RFA) from a/06th Military
olice Detachment (CID) (Rear),_ 6th Military Police Group (CID), Fort Carson, CO 80913, to locate, fiffly identify, and interview SSGififfillillaillINNO706th Transportation Company F'OL, 593D 67C-Corps Support Group, Camp air, aq, regarding the surrender of Iraqi soldiers.
476-Ck7'
bout 1600, 11 Jan 05, SAIllpinterviewed SSG aimmulwherein he provided a sworn statement stating Is e did not see any Iraqi nationa s sUrrender to SSG.1111.111. (See Sworn Staten-rent for details)
STATUS: This investigation is closed-n-16.e files of this office. All requested investigative activity has been completed.///////////////////////////////////////////////////////Last Entry///////////////////////////////////////////////////////////////////////////
E D S ENCE NUMB (0/ORGANIZATION
SA f Fort Sam Houston Resident Agency
Fort Sam Houston, Texas 78234
SIGNATU 676-. DATE:I 1 Jan 05 EXHIBIT41@d*PerEi=i1=--
i FEB 77 FOR OFFICIAL USE ONLY 02635'9 .FOR. OFFICIAL USE ONLY LAW ENFORCEMENT SENSMVE '00 110 lq

FOR OFFICIAL USE ON
9 05 CIDO5C
.7- _ACY'Y' ".¦
For use of this form, see AR 190-45; the proponent agenc ef of Staff for Personnel.
FILE NUMBER 0011-05-C10044
SOCIAL EYTY NUMBERLAST NAME FIRST NAME, MIDDLE NAME
TY• D •
al Hold Company, Brooke Army Medical Center, Fort Sam Houston, TX 78234 4‘x
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: nv1.11.1111. ing of approximately 12 velyicles was ambushed on route
n 11 Apr 04, a co oy was in consist Mobile. We were receiving small arm, machine gun, and indirect fire frorn our three and nine o' clock position. VVe took up a defensive position and returned fire. The firefight lasted about two and a half hours. I saw a white flag from a house on our three o'clock position and we ceased fire. The enemy then opened up and fired on us and we returned fire. This happened three to four more times. A squad of soldiers cleared the house and brought back one male Iraqi National to the convo defensiveposition. He was interviewed and released.
Q:
-
-
A:.67C6 64ec
Q: VVho was the convoy commandel?,
A: SGTIMMIN
Q: How many Iraqi soldiers did you see surrender?
A: One.
Q: Who was in the squad who cleared the house'pe"
A: The only one I knew was SPC
Q: Did you see any Iraqi's surrender to SSG
A: No.
Q: How many U.S. soldiers were in the convoy?
A:
29 soldiers from the 706th Transportation Company. I don't know who else was in the convoy.
Was SSGEOIRMOin your convoy'? 67c-.s

A:
Yes.

Q: What was his duty position?
mander of one fuel t
A: Truck Com_ruck.
Q: Did SSGONIIIIIIIIIIIhave a ny interaction with any Iraqi National? 47 C-C, 64"-
A: Not to my-knowledge. -
Q: Flow did the Iraqi surrender?
A: He waived a white fla
Q: Did you see SSG s.hoot anyone during that ambush? 67 C--5(66---C'
A: No, I never saw SS fir his weapon. c7c--.5-,(4---
Q: Can ou describe SSG character? 4-7c -5,
A: He te Is-Stories, he exaggerates stbries, but he' is a nice guy. = Crayou-,--have-anything,e1 add to this,stateme._nt9
-Nolt/Eildof Statemen
-A 7--C
0K 026360
INITIALS OF PEIRSON MAKING STATEMENT PAGF 1 OFY2 PAPFA EXHIBIT
TAKEN AT4DATED4CONTINUED."
ADDITIONALPAGES MUST CONTAIN THE HEADING "STAT ENT OF 4THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE ' PAGES." VVHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE WILL BE
INITIALED AS "PAGE4
LINED OUT, AND THE STATEMENT WILL BE CONCLUD.ED ON THE REVERSE SIDE OF.ANOTHER COPY OF THIS F0041

suppowopplegit492§E, ONENWHICH WILL BE USED_
•
DA FORM 2823
t
EXAlla
JUL 72 LAW ENFORCEMENT SENSITIVE
DOD-043440
FOR OFFICIAL USE ONLY032 6 05 —
7 62 3
,INFORPEMENT SENSITIr ) )
4(itk"
0011-05-CID044 STAAMENT OF TAKEN AT Fort Sam Houston, TX, 782348234 DATED 11 January 2005 CONTINUED:
STATEMENT (Continued).
vic..4/ 6c-
AFFIDAVIT
HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
.
,
WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE 2. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALLZORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT oR REVVARD, VVITHOUT THREAT OF PUNISHMENT,
AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT /Li(
41 644
ignature of Person Ma ng &rent).
WITNESSES:
Subscribed and sworn to before me, a person authorized by law
to administer oaths, this I I Ul day of January, 2005 at Sam Houston, TX, 78234
fe'-'60
ORGANIZATION OR ADDRESS
(Typed Name mi en Oath)
ORGANIZATION OR ADDRESS
Article 136(b)(4), UCMJ
(Aporify To Adrninister Oaths)
INITIALS OF PERSON MAKING STATEMENT (27C-fft,f 4-1°
PAGE 2 OF PAGES
ILI 2
FOR USE ONLY
eirZt)
LAWENFORCEMENT SENSITIVE
. coo5.a •774.36._
FOR OFFICIAL USE ONLY-LAW ENFORCEMENT
SENSIT1VP
AGENT'S INVESTIGATION REPORT
_
.1,P0;15.400,05..
telephone-CantaCtWaS.Made"WithSGT 'tO.arrarige fOr 000040W dUring the rriOrning- at 1 000,:. le Jail •
• at the Grand."TraVer$0. COOntY.Sheriff'S DePaltneit. TrWierSe
.
About 1000, 16 Jan 05, SAY
Interviewed and obtained a sworn statement ( EAV )67
r-e,i-Cg:Irorn SGTOMMIP in yvhich he stated that he had 5,‘‘-t
110 knowledge of SSGYor
any other IJS military personnel from his unit unlawfully killing Iraqi or YsYforceswhile deployed in Iraq. He further related that SSG Y ea oTYYad ,47e-cf
Automatic VVeapon (SAW) had misfired soon after they were ambushed and SGT
did not see SSG11111/1111111.

,.Y
ngage any enemy forces after that Point. 47C-4- -Cf16.
At 1220, 15 Jan 05, SGTimenowwas requested to produce a hand drawn sketch (EX
) of
the Ambush site, which he completed. The sketch details the relative position of the troops
and vehicles and the terrain features.
//////////////////////////////////////////////////LAST ENTRy/////////////0///////0////00/0/00/0/00/0/

TYPED AGENT'S NAME AND SEQUENCE NUMBER ORGANIZATION
323D MP Det (CID)
1401 W. Ar e, Jackson, MI 49202 0 2C 36 2

DATEY EXHIBIT
16 Jan 2005
CID FORM 94
1 FEs 77
F ofiff6in NIN1
•LAW ENFORCE:111E4T SENSITIVE,. 2$1?i3OG cup laq d4 141.08 e2E4-ftli IT
) 'Jan 18 05 05:1.3p 2801' D' •2

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deployed with in Baghdad, Iraq?
0: who were you
A: The 706th POL TransPortation COmpany
04, were you in a convoy with your unit, the
Q: On 11 Apr
TransPortation ComPanY, from Baghdad
706th POL
International Airport?'

A: Yes
, destination?
Q: What was your
A: Fallauge-
Ci; Row many vehicies were in your convoy?
can't remiler for sure.
was told 15, bUt r
A:
yoU in?

Q: what vehicle were
A: The last vehicle.
kind of vehicle was it?

Q: What
truCk.

A: A five ton, suPPort trutk aid
0: What was Your assigned duty during the convoy?
A: Maintenance suPPortf, senior-
0: What time did the convoy leave BIAP?
SP,2 was at ona.
A: About 0815 or 0830,
Q: Did anything happen during this mission?
=bused about two miles outside the back
A: Yes, we were
•
gate from BIAP.
0: Did you receive'enemy fire?
A: Yes.
Q: What was your response to the enemy fire?
A: Vehicle halt, we then determined what side the fire was
coming from and returned fire- '
0: What side did the enemy fire originate from?
_

. _
A: Left side. that arrived?
the make up of egil-f4iii&r-ceteri.ts
Q: Describe ,
Four- gummers,-and_additional hummers, with missies and A
Mark 19, and two BradleYs-
Q: what unit reinforced Your unit?
A: 1st Cav.

did—tbe—xeinfoxl_ling unit take?
ctkona
A: The hummers stayed with uS and the BradleYS went LO
higher ground for overwatch and to engage the enemy force.

to

The Bradleys never had to fire. None of the ist Cav. had
1.76-(‘‘-v
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LAW ENFORCEMENT SENSITIVE
— EXHIBIT
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LAW ENFORCEMEkv,blegN/SgKVighat
, .

at that twat .

fire. Al). actio4 stoPPed. he jammed uP after three rounde.
fired was the Mark 179 but

Q: During thie engegement did YoU see anY insurgent

:
combatants?

one baCk bY'the bridge and anvOer by a berm
A: Z Paw twO,
on the lett aide with a mertai.tu0e-

of-the i.P4u;gent combatants arlot or,
0: Pid. YOU see anY

killed?
4: No, / had heard about One that WaS ShOt with the .50

Q: How long did the ambush take? • five . and half
three separate arabushee• over a A: There was
.
76_1e/-
hour Period, -
Who was involved in returninq fire?
Virtually everyone in the unit, except SSG11.1.11.who °
At
because ne maintained the
told me he never took a shot
5-1.1-.C• •
radio. dUring the whole time.: - 7
Q: 'you know SSG
.

A:. Yes, he was, Part of' the, 706th,

(2: what was his position and assigend duties during the

convoY?

A: I think he waS the second in command NCOIC, and he was
of our health and welfare and insure the

to Make atme

misPion was accomPlished. 6.7
--1
What ja yout relat.ionshiP with ssGeommmer
A: I didn't resPect-hiM and others didn't eithet. I saw te.

manY flaws in hie ..leadershi0-
When did he join Your 'unit?

A: don't knOw if.he was part of the original 706th Or if
he was a cross level:

0: When did Yo4 first meet him?
A: At Ft Campbell, -which.is when the company was put

four and.a

together, I was a cross level: / knew him about
half months before he waS shipped home:

during-the-aMbush?

0: Did you obser4e-SSG-

A: Yes, several times?

Q: what were his acOons?

A: Helping the aid and litter, he then gave cOmmands to
helPed change the

abandOVv-ehicles7-and,then-finally

.

tires on-the-vehicles I opPOSed the vehicleS being

.
.

abandoned,

p: Did yoxi see him engage anY insurgents With hie weaPon?

.

.

A: Not at.all.

0: What kind of meapon was he using?

A: A Squad Automatic weapon .(5AW). ThaL'; what I wag told
him holding. a weapon. and.1 was told his SAW

ddin't see

didn't:see him carrying a weapon the whole

misfired.
7C-SZ.(‘

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iAN. 17. 2005- 8:10AM
,
c_saw
, _ . 11'
-b74--e-F16-w-LAVti EkOORCEMENT. SEIISITIVE
.

time we were 0 he ground. ' h ?

0: Did You see im. engage the /louse off to

A: No I did not and I was standing in the f ront of that

house-

Q: Did You observe anY insurgents waving a white flag?

A: yes / did, froM the back door on the houSe on the right.

Q: Please desCribe what you saw?

house about 25 bY 30 feet, tan in color, no

A: It waa a
windows on. the road side or On the east side of the house--

Q: Did You observe anY fire coming from that house?
No I did not- And no one told lue of anY fire coming

A:
from that house. But we did receive fire from the right
side of the house but it was awaY from the house- One
person, Spciarallinie 7dell TC she told me that there was w'

a guY outside the house moving around the property in the
direction of the fire.

You she a weapon in the mans 67-...44;

Q: Did

A: N0 she didn't, she just rePorted a guY ruoving around in

061.7

the brUsht. to the best of my knOwledge.'

ampaS a leader and as

0: What is Your °Pinion of SSG.
'

a soldier?

A: very bad leader and a bad soldier at the same time, he
did not resPect the chain of command.

Q: Was there a cease fire called during the firefight?
'

A: Yes there was. '

Q: Who called for the ceasefire and when'?

A: A Command Sgt Major fram the 1st Cav.

Q: Did you see anyone form the- 706th capture any enemy
combatants?

•

A: No I did not. '

Q: Did you see anyone from the 1st Cav capture any enemy
combatants?

A: They did make contact with the man at the house, they

searched him- and -his' house and the- property near his_h_c_uag_

and to my knowledge they found no weapons or contraban.d
which I heard them tell' the CSM. When we all left the area
flag was left sitting next to his

the man with the white
houSe. After they; cleared his house I believe they threw an
exPloaive in the hoUse I heard an exPlosion an.d sa0 a Puff
of_ smoke_ coiT,4_ out_ of_ the., roof. .

Q: To Your knowledge was the man alive ,and

A: Yes, he was waving at us in anger, shaking his fist.

Q: How many insurgents were captured or detained?

interact with any of the

Q: Did You Observe SSG

Iraqis on that day?
.

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A: No I did not.
how manY soldiers were in the 706th

0,1 ApproximatelY
convoy?

A: 27 to 33-

0: APProximatelY bow manY insurgents were killed or

caPtured?

A: We were told about 300 to 350 I don't believe that, 1
think 25 to 30, I estimate attacked us, and I know of one
being killed, none got caPtured and I don't know what
happened to the rest. I saw a couple of little white
ToYotas dart off about a 1000 Yards awaY.
(2= How many US Soldiers were killed or wounded?

the 706th:. an two helicopter pilots

A: Five wounded from,
were killed.

Q: Did anyone come close to capturing any insurgents?
the man on the right, all the others escaped.

A:
JUSt
ia: Did he resist?

A:
I don't think so but.I dOn't know what haPPened when
theY went to the house to detain"' him but tbeY weren't
handling him rough. when they walked hiM-out.

anY Xraqi or

la: Do You have anY information regarding

after being captured or surrendering

insurgents being shot ,

to US Forces?

A e--Ct ias-
A: No. . - 7
Q: Did you see SSG."... shoot anyone?

--,- .c..--
A: No I did not. ,47e-ci' w -5
tell You he shot anYone?

4: Did SSG iiiiINNa.
t 7e-df-
NO he did not-

A:
.Y
(2: Did you hear anY rumors of SSGaililarashooting .

anyone?

A: No, not until I was contacted by CID and that wasn't

until the second or third conversation. t,

Q: if ssG41111111111made this story up, in your opinion
•

at would his reason be? _day when I was

A: He called me crazy three times-that

trying to get our trucks back tO the safe zone. I believe
e became unstable in his actions on the events that

happened that day. He made bad judgement-calls, like
abandoning-the vehiCles and just wanting to put two lug

-... nuta-on wheals which would be unsafe. He wanted- to shortevt,----
the procedures-eventhough-we_were secure and 1st Cav was

'Eike more chances

Providing security and we didn't need to

vehicle because we were short on

and loss anothe=

transportation as it was-

Q: is there anything You would like to add to this
'statement?

A: Yes, when we got back to SLAP and went to the hospital

.

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CONTENTS OE` TOE
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444494—, 020368
U0 119
FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE
EXHIB1T-44,
DOD-043448
/AL USE EAAE
-43441:541._ 020369 u0 12 0
frcl OFM!AL t3'ZE ONLY
.
criu:ENT seNsi rivE-ISZ le I 11'1"
DOD-043449
FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE
ROI NUMI3ER
AGENT.'$: INVESTPATION REPORT
0326-04-01D056-76236
C/D-RegWotio019.&-1
•
PAGE 1 OF 1 F'AGES •
DETAILS '
3,13
About 1600, 2 Feb 05, SA this office, coordinated with CPT Trial Counsel, of the Staff Jud AdVbcat SJA), Fort Carson, co (FCC) 80913, who opined there was no evideribe ssp 5025th Garrison Support, FCC, killed a surrendering Iraqi in violation of Geneva ConVention or other iaws of vvar. CPT utter related he recommended no further investigative activity and this investigation be closed unfounded. .
6 7C-3, 5c.-J
fhY.
. aspects of this investigation. CPT ...s_he Would brief SSG er/dhe.c194.7.c_oorilmerld on the About 1630, 10 Feb 05, the underSigned briefed CP1111111111111110'Commander, 5025- Garrison Support, FCC on all
tated sicb....c„r hi_heroutcome of this investigation. /
1 7 C-:(‘-7-t.
At 0910, 17 Feb 05, SAMIWanarale this office, conducted a check of the files of the Defense Clearance Investigative Index (DCI I), and the files of this office, which revealed he was the subject of Police Report 71028587567C, Jul 71, for Burglary and Larceny. He underwent a courts martial, was found guilty, confined for one year and reduced to private. He was the subject of case 74991081E3Q5C, 4 Dec 74, for threats. He went to IVIunicipal Court in 16 Jan 75, but
no charges were filed. ///Last Entry///
02C37
TYPED AGENT'S NAME AND SEQUENCE NUMBER /y,,(6 ORGANIZATION
06-4P448th Military Police Detachment (CID)SA Fort Carson, CO 80913
DATE EXHIBIT
17 Feb 05 94 FOR OFFICIAL USE ONLY 7 LAW ENFORCENIENT SENSITIVE
Oil 121
1 FEB 77
FOR OFFICIAL USE ONLY
•
Lew Enforcement Sensitive
DATE 03 FEB 2005
FROM SAC, 48TH MP DET (CID)
TO: DIR USACRC FT BELVOIR VA //CICR-ZA//
CG USACIDC FT BELVOIR VA //CIOP-ZA//
CDR USACIDC DISTRICT FT RILEY KSHCIRFR-ZAll
CHIEF, CRIMINAL LAW, SJA, FORT CARSON, CO
CHIEF OF STAFF, FT CARSON
GARRISON COMMANDER, FT CARSON
SAC USACIDC 48TH MP FT CARSON CO
SAC, FT CAR.SON RA
SENIOR. TRIAL COUNSEL, SJA, PORT CARSON, CO
DIR AFIP AFME WASH, DCHAFIP-CPLF
CDR USACIDC 6TH MP GRP FT L,EWIS WA
SAC USACIDC RES AGCY FT RUCkER. AI,
CG USACIDC FT BELVOIR VA //CIOP-ZA//
CG USACIDC FT BELVOIR VA //CIOP-ZA//

SUBJECT: CID REPORT OF INVESTIGATION - 2D STATUS/SSI -
0326-2004-CID056-76236 - 5H9B

47e-40-7
DRAFTER:
RELEASER:
1. DATES/TIMES/LOCATIONS OF OCCURRENCES:
1.
01 JAN 2003, 0001 - 11 AUG 2004, 0900; IRAQ

2.
DATE/TIME REPORTED: 11 AUG 2004, 1000

3.
INVESTIGATED BY:

_S _,67C-71C-6/
SA
SA

_.
4.SUBJECT: - _ _ _ , .
1. CHANGED NONE, ; UNDETERMINED MANNER OF DEATH (UNFOUNDED) (NFI)
5. VICTIM: .
1. UNKNOWN IRAQI , ; MALE; UNDETERMINED MANNER OF DEATH (LTNFOUNDED) (NFI)
FOR OFFICIAL USE ONLY 0 2C371
Law Enforcement Sensitiye
•
09 122
' ,
FOR OFFICIAL USE ONLY Law EnforCement Sensiiive'
6.. INVESTIGATIVE SUMMARY:.
THE INFOR_MATION IN THIS REPORT IS BASED UPON AN ALLEGATION Olt
PIZELIMINARY INVESTIGATION AND mAy I3E CHANGED pRiog. TO THE -
COMPLETION OF TETE INVESTIGA.TION,

2D STATUS:
TFIIS 1--poR.T• is BEINQ GENERATED TQ UNFOUND THE OFFENSE OF
UNDETERMINED MANNER. OF DEATFI.

DURING INTERVIEWS OF UNIT PERSONELL WHO WERE PRESENT DLTRING THE
ATTACK ON THE CONVOY, IT WAS DETERIV1ININED THAT AN IRAQI DID PRESENT
A WHITE FLAG AT THE END OF HIS WEAPON AS IF HE WAS SURRENDING. •
SU13SEQUENTLY TO SURRENDERING, THE IRAQI LOWERED FIIS WEAPON AND
FIRED UPON THE CONVOY. SEVERAL MEMBERS OF THE CONVOY THEN
RETURNED FIRE IULLING THE IRAQI.

ON 2 FEB 05, THIS OFFICE COORDINATED WITH THE OFFICE OF THE STAFF JUDGE ADVOCATE (OSJA), FORT CARSON,,C0 80913 (FCC), WHO OPINED THAT THERE WAS NO EVIDENCE A SURRENDERING IRAQI IN 6 7,-- -0"5-VIIOLATION OF THE GENEVA CONVENTION AND THAT THE DEATH OF THE IRAQI WAS CONSIDERED A HOSTILE FIRE DEATH.
THIS INVESTIGATION IS PENDING THE ADMIISTRATIVE PROCESSING OF THE FINAL REPORT.'
INITIAL:
ABOUT 1000, 11 AUG 04, THIS OFFICE WAS NOTIFIED BY MILITARY POLICE INVESTIGATION (MPI), OFFICEOF THE PROVOST MARSHALL, FORT CARSON, CO (FCC) 80913, OF AN UNDETERIVIINED DEATH OF AN IRAQI MALE WHO WAS KII,LED IN IRAQ BY AN AMERICAN SOLDIER. THE IRAQI. WAS IN A _SURRENDER • STATUS.
,
THIS IS AN IRAQI FREEDOM INCIDENT.
DUE TO LACK OF CREDIBLE INFORMATION, 'THIS REPORT WAS SUE3MITTED WITHOUT A SUBJECT UNTIL A FURTHER INVESTIGATION COULD BE CONDUCTED TO DETERMINE IF THE DEATH OF THE UNKNOWN IRAQI SOLDIER WAS JUSTIFIED DUE TO A COMBAT RELATED INCIDENT OR WAS MURDER.
. FOR OFFICIAL USE ONLY 020372 Law Fnforcernent Sensitive
1.8446i341--.
09 123
.FOR_OFFIC.IAL VSE. ONLY
Lavv-tnforcem-enT serotive
PRELIMINARY INVESTIGATION DISCLOSED THAT WARRANT OFFICER 69.,.1‘t-,

, ,
CANDIDATE (WOC)4MMINOWARRANT OFFICER. CANDIDATE SCHOOL, 7 .
FORT RUCKER ALA13AIVIA (FOR.MERLY 5025TH GARRISON SUPPORT UNIT, FCC),. ,5
OVERHEARD. A CONVERSATION BETWEEN SSG11011110111110(NFD AND MSG ,67"

; BOTH ASSIGNED TO 5025TH GARRISON SUPPORT UNIT, FCC. 17
41110011111111111.
,
SSG41111111.111111W.A.S4triNG MSG11000A STORY THAT WHILE IN IRAQ:, ,2‘7--ci-‘:cc--
„
ON ONE OCCASIONTATMWAS THE CONVOY COMA/LANDER, THE CONVOY
, WAS A.MI3USHED BY IRAQI, SOLDIERS:. THE CONVOY STOPPED, DISMOUNTED / AND ENGAGED TI-IE IRAQI'S. SSGIII—MIONO 'STATED AN IRAQI SOLDIER THEN P -`) SURRENDERED; HOWEVER, SSG611.1111111111WAS FURIOUS ABOUT BEING ,,47C-5;47-5-AMBLJSHED, AND KIL,L,ED THE UNKNOWN IRA.QI SOLIDER:
ON 11 AUG. 04, MSG WAS INTERVIEWED AND RELATED THE
CONVER.SATION HE HAD ssGagnimiewAs IN HIS CUBICLE 6 7c—4.4-
ADJACENT TO WOC WHO HAD HIS BACK TOWARDS THE soc-xg-le.
CONVER.SATION. MSG RELATED WHAT WOCIOMPFAILED TO HEAR A 4e;
AND OBSERVE WAS TTIE DEIVIONSTRATION BY SSG111111.1.111rELATING THE .476-3,6-‘-5-
IRAQI SOLDIER., UNDER SURRENDER STATUS, WAS WALKING TOWARDS SSG f, z 1.-

411101111111111.AND CONVOY IVLEMBERS SPEA_KING IN HIS NA.TIVE LANGUAGE. ,676 9 fr"
HE THEN POINTED HIS WEAF'ON AT THE CONVOY MEMBER.S. THE IVIEMBERS
HAD NO CHOICE BUT TO RETURN FIRE AND ENGAGED THE IRAQI SOLDIER
KILLING FIIM.

,PI/14-Cf
THIS INVESTIGATION IS PENDING THE INTERVIEW OF WOCIMINEDUNIT
MEMBERS THAT WERE INVOLVED IN THIS INCIDENT, IDENTIFYING THE
INCIDENT LOCATION AND LOCATING, FULLY IDENTIFYING AND INTERVIEWING
OF SSG 111.1.111.

7. COMMANDERS ARE REMINDED OF THE PROVISIONS OF AR 600-8-2
_PE 380-67 FOR TETE SUSPENSION OF SECURITY CLEARANCES OF PERSONS UNDER INVESTIGATION.
=
8. USACIDC REPORTS ARE EXEMPT FROM AUTOMATIC TERMINATION OF
PROTECTIVE-MARKINGS IN ACCORDANCE WITH CHAPTER 3, AR 25-55.

02C373
FOR OF'FICIAL-USE ONLY Law Enforcement Sensitive
ti 0 1 2 4

FOR OFFICIAL usg ony
-
LaW EirfOrCernent SerisitiVe
DATE 12 AUG 2004
FROM SAC LTSACIDC 48TH MP FT CARSON CO
TO: DIR LTSACRC FT BELVOIR VA //CICR-ZA// , CG USACIDC FT BELVOIR VA //CIOP-ZA// CDR USACIDC DISTRICT FT RILEY K.S//CIRFR-ZA// CHIEF, CkIMINAL LAW, S.TA, FORT CARSON, CO CHIEF' OF STAFF, FT CARSON GARRISON COIVIMANDE,R, FT CARSON SAC USACIDC 48TH MP FT CARSON CO SAC, FT CARSON RA SENIOR TRIAL COUNSEL, SJA, FORT CARSON, CO DIR AFIP AFME WASH, DC//AFIP-CPLF CDR USACIDC 6TH Mi3 GRP FT LEWIS WA SAC USACIDC RES AGCY FT RTJCKER. AL CG USACIDC FT BELVOIR VA //CIOP-ZAJ/ CG USACIDC FT BELVOIR VA //CIOP-ZA//
SUI3JECT: CID REPORT OF INVESTIGATION - INITIAL/SSI - 0326-2004-CID056-76236
-5H9B , f
76-b

DRAFTER:
RELEASER: all1111111111111. k.

1.
DATES/TIIVIES/LOCATIONS OF OCCURRENCES:

1. 01 JAN 2003, 0001 - 11 AUG 2004, 0900; IRAQ

2.
DATE/TIME REPORTED: 11 AUG 2004, 1000

3.
INVESTIGATED BY:

1‘4
2C-6
4;;SUI3JEC
1. UNKNOWN", ; UNDETERMINED' MANNE,R OF DEATH (NFI)
5. VICTIM:
1. UNKNOWN IRAQI , ; MALE; UNDETERMINED MANNER OF DEATH (NFI)
6. INVESTIGATIVE SUMMARY:
THE INFORMATION IN THIS REPORT IS BASED LTPON AN ALLEGATION OR PRELIMINARY INVESTIGATION AND MAY BE CHANGED PRIOR TO THE COMPLETION OF THE INVESTIGATION.
02C374
FOR OFFICIAL USE ONLY
Law Enforcement Sensitive
125
FOR OFFICIAL USE ONLY
Law Enforcement Sensitive
ABOUT 1000, 11 AIJG 04, THIS OFFICE WAS NOTIFIED I3Y MILITARY POLICE INVESTIGATION (MPI), OFFICE OF THE PROVOST MARSHALL, FORT CARSON, CO (FCC) 80913, OF AN UNDETERMINED DEATH OF AN IRAQI MALE WHO WAS KILLED IN IRAQ BY AN AMERICAN SOLDIER. THE IRAQI WAS IN A SURRENDER STATUS.
THIS IS AN IRAQI FREEDOM INCIDENT.
DUE TO LACK OF CREDIBLE INFORMATION, THIS REPORT WAS SUI3MITTED WITHOUT A SUBJECT UNTIL A FURTHER. INVESTIGATION COULD BE CONDUCTED TO DETER_MINE IF THE DEATH OF THE UNKNOWN IRAQI SOLDIER WAS JUSTIFIED DUE TO A COMBAT RELATE1D INCIDENT OR WAS MIJRDER..
PRELEVIINARY INVESTIGATION DISCLOSED THAT WARRANT OFFICER CANDIDATE (WOC)411Waiiiini. WARRANT OFFICER CANDIDATE SCHOOL e'
. .
FORT RUCKER ALABAM.A (FORMERLY 5025TH GARRISON SUPPORT LTNIT, FCC) ...--
-4765(
47d, 9-ca.c4OVERHEARD A CONVERSATION I3ETWEEN SSGE/Maillia (NFI) AND MSG --
1
7 BOTH ASSIGNED TO 5025,T -jOizi\J SUPPORT UNIT, FCC. SSAIIIIIIIIIMIWAS TELLING MS A • ° - THAT WHILE IN IRAQ, ON ONE, OC,CASION, WHILE HE WAS THE CONVOY COMMANDER, THE CONVOY WAS AMBUSHED BY IRAQI SOLDIERS. THE CONVOY STOPPED, DISMOUNTED 6,76_5,1--‹ AND ENGAGED THE IRAQI'S. SSG111111.11100 STATED AN IRAQI SOLDIER THEN
L ‘k"C
SIJRRENDERED; HOWEVER, FURIOUS ABOUT BEING Ez7e"
AMBLTSHED, AND K.ILLED THE UNKNOWN IRAQI SOLIDER.
0-K ON I 1 AUG 04, MSGIIIIIIS WAS INTERVIEWED.AND RELATED THE 676- fk-c CONVER.SATION HE HAD WITH SSA...a WAS IN HIS CUBICLE 57' ADJACENT TO WO WHO HAD- TOWARDS THE 67&
' HIS BACK‘'...4`
coNvER8ATIoN. IVISG RELATED WHAT WOC fAILED TO HEAR 46;s'
AND OBSERVE WAS THE DEMONSTRATION BY SSG RELATING THE LA-7.--
TRAM OLIN-ER; UNDER SURRENDER. STATUS, WAS WALKING TOWARDS SSG r
CONYOYMEMRERS_SPAICIN_G _IN 13I$.NATLY_ LANQU_AGE, 11C- Sed'i HE...THEN I'D_ TED HIS-WEAPON AT. THE ODNVOY MEMBERS: THE MEMBERS HAD NO CHOICE BUT TO RETURN FIRE AND ENGAGED THE IRAQI SOLDIER -KILLING HIIVI.,
41c- 4,4,
-THIS-INVESTIGATION IS PENDING_THE IWERVIEW MEIMERS THAT WERE INVOLVED IN THIS INCIDENT, IDENTIFYING THE INCIDENT LOCATION AND LOCATING, FULLY IDENTIFYING AND INTERVIEWING
OF SSG111111111.11111, 76- 5;64--..5"
,
7. COMMANDERS ARE REIVIINDED OF THE PROVISIONS OF AR 600-8-2
02e375
FOR OFFICIAL USE ONLY
Law Enforcement Sensitive
o-r56t75\---
00 126
FOR OFFICIAL USE ONLY
Law Erforberileht SeriSitiVe , PERTAINING TO SUSPENSION OF FAVORABLE PERSONNEL ACTIONS AND AR 380-67 FOR THE SUSPENSION OF SECURITY CL,EARANCES OF PERSONS UNDER
INVESTIGATION.
8. USACIDC REPORTS ARE EXEMPT FROM AUTOMATIC TERMINATION OF PROTECTIVE MARKINGS IN ACCORDANCE WITH CHAPTER 3, AR 25-55.
FOR OFFICIAL USE ONLY
Law Enforcement Sensitive 02C376
445444-
00 127
DOD-043456