Court-Martial Record: Private First Class Edward L. Richmond, Jr. (Volume 2 of 7)

COURT-MARTIAL RECORD
RICHMOND, EDWARD L. PFC
NAmE
SSN
ACTIONS CODED: ASSIGNED. TO: 2.
INITIAL PANEL
ACCA EXAM. DIV,
FINAL
COMPANION(S):

RETURN THIS FILE TO:
OFFICE OF TLE CLERK OF COURT
US. ARMY . JUD I MARY
901- NORTH STUART STREET,. SUITE 1200-
ARLINGTON,. VA .2:220'3-1837

VOL II OF VOL(S)
2 0 0 4 0 7 8 7
ARMY
JALS-CC FORM 24, tOCTOBFR 2000 .
JUN 1 3 2005
411,qt-t.
DOD-039908
VOL
ORIGINAL COPY

VERBATIM'
RECORD OF TRIAL2
(and accompanying papers)
OF
RICHMOND, Edward L., Jr. 1111111111 190 -2- Private First Class
(NAME: Last, First Middle Initial) (Social Security Number) (Rank)
HHC, 1st Bn, 27th In,
2nd Bde, 25th IN US Army Kirkuk, Iraq
(unit/Command Name) (Branch of Service) (Station or Ship)

BY GENERAL COURT-MART IAL
CONVENED BY COMMANDING GENERAL

(Title of Convening Authority)
Headquarters, 1st Infantry Division

(Unit/Command of Convening Authority)
TRIED AT
FOB Danger, Tikrit, Iraq.ON.3-5 August 2004

(Place or Places of Trial) (Date or Dates of Trial)
COMPANION CASES:

AN YSn
—J 0
0

01664-lib
0
I Insert "verbatim" or summarized" as appropriate. (This form will be used by the Army and Navy for verbatim records of trial only.) Co 2 See inside back cover for instructions as to preparation and arrangement.
DD FORM 490, MAY 2000 PREVIOUS EDITIONS ARE OBSOLETR. 0 4 0 7 8 7FRONT COVER
Z 0
DOD-039909

ARTICLE 32 INVESTIGATION

016645

DOD-039910

-iof
alitz f;1-.617.Defense esi iill!"771erit
n*,ft toffectiiiTicitin i.Irdertz!rf- proof" remains solely itei-fimeni. was' -an,"eliw:::. rather thanierror in the logic used ifiendations.
The:;int.entOf.­
„thixanalysis was tostate ,: atApreponderanee of the evidence in the case ports The ilk..-alitY:Oflh6 kill ing. 'jntf• efense preented no e ¦, idence to believe ,o,,isc Theic-rnme.ntiyrot il oiKimell Io 7-nrool.
•
.
i-J111-0.,Ille -use of ' thephrasc -1-..t.uLlcu of
,i. appl),:i rig the " i ted.-
.0 1::0:04 6
DOD-039911

DOD-039912

DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
REGION IX, FOB DANGER BRANCH OFFICE
APO AE 09392

REPLY TO
ATTENTION OF:

i
AETV-BGJA-TDS 28 April 2004
19(0
MEMORANDUM FORi Commander, Headquarters, r d Brigade Combat Team, 25 th Infantry Division (Light), Kirkuk, Iraq, APO AE 09347-9998
b(6) --5 4,1) (9)--SUBJECT: Supplemental Ob'eetion to Article 32(b) Investigating Officer's Report — PFC Edward L. Richmond, Jr.,iHeadquarters and Headquarters Company, 1 St Battalion, 27th Infantry Regiment, 25 Infantry Division (Light), FOB Warrior, Kirkuk, Iraq, APO AE 09347-9998
1.
This supplemental objection to the Article 32(b) Investigating Officer's Report in the above-referenced case is submitted pursuant to Rule for Courts-Martial 405(j)(4). Based upon the following errors in the investigation and the defense objection submitted on 27 April 2004, the defense requests that a new Investigating Officer (10) and legal advisor be appointed and a new Article 32(b) hearing be held in order to preserve the rights of PFC Richmond.

2.
On 28 April 2004, defense counsel reviewed the original Criminal Investigation Division (CID) case file regarding the 28 February 2004 shooting by PFC Richmond. A CID Form 28-R maintained in the original case file notes the following:

6(0 -1 ,i1)(c)_ 1 -2i 6( 4 ) (c) - z SA—coordinated with CPTiJA], he advised through previous discussion with M i A is seekkh1g a Court Martial
pertaining to PFC Richmond.
3. CPT an administrative law attorney, was the legal advisor to MAJ-
the Article 32 Investigating Officer. At the time CPT iprovided legal advice to MAJ Anderson on the day of the Article 32 and in the days leading up to the Article 32, he believed that the SJA was seeking to Court Martial PFC Richmond. Further, as indicated in this CID notation, CPTihad at least one discussion about the case with the Chief of Military Justice for the 1St Infantry Division.
4. The I0 is, per se, unable "to make a thorough and impartial investigation into the truth of the allegations" against PFC Richmond IAW DA Pam. 27-17, para. 1-1, when being advised by an officer that has discussed the case with the Chief of Military Justice. This belief is further bolstered when documents show that the legal advisor told OD that the SJA is seeking to court-
martial PFC Richmond. vt,)_-L ; 19 (?)
Defense counsel believes that "MAIMS' is a reference to MAJ
—, Chief of Military Justice for the1 5` Infantry Division.
016643

DOD-039913

(0— 5 19N(C)
AETV-BGJA-TDS
SUBJECT: Sup emental Objection to Article 32(b) Investigating Officer's Report — PFC Edward L. Richmond, Jr., eadquarters and Headquarters Company, Battalion, 27' h Infantry Regiment, 25 th Infantry Divisionarrior, Kirkuk, Iraq, APO AE 09347-9998
5.
PFC Richmond is prejudiced by this improper involvement by the legal advisor in the military justice process. The I0 recommended that the charge go forward to a General Court Martial. This is the exact path that his legal advisor believed the SJA wanted to take.

6.
Thank you for your consideration of this matter. If I may be of further assistance please contact me via email at farargrarus.army.mil or by DNVT phone at: 1.111Por

IMP
1110111111111.
CPT, JA Trial Defense Counsel
2
016649
DOD-039914
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
REGION IX, FOB DANGER BRANCH OFFICE
APO AE 09392

REPLY TO
ATTENTION OF:

AETV-BGJA-TDS 27 April 2004
40-t , b(1)(0-2-
MEMORANDUM FOR COiCommander, Headquarters, 2 nd Brigade Combat
Team, 25th Infantry Division (Lig t), Kirkuk, Iraq, APO AE 09347-9998
SUBJECT: 0iicle 32(b) Investigating Officer's Report — PFC Edward L.
Richmond, Jr.,iHeadquarters and Headquarters Company, l st Battalion, 27th
Infantry Regiment, 25 Infantry Division (Light), FOB Warrior, Kirkuk, Iraq, APO AE 09347-
9998i
\'' ( 0 -5 4'4)0 - 5
1. This objection to the Article 32(b) Investigating Officer's Report in the above-referenced case is submitted pursuant to Rule for Courts-Martial 405(j)(4). Based upon the following errors in the investigation, the defense requests that a new Investigating Officer (I0) be appointed and a new Article 32(b) hearing be held in order to preserve the rig hts of PFC Richmond.
1,(0-2 ii4) 01-
9 -
2. On 5 April 2004, CPT i
preferred one charge of murder, in violation of
Article 118 of the UCMJ against PFC Edward L. Richmond, Jr. The defense makes the
following objections to the Article 32 investigation that was conducted on 17 April 2004 and
served on defense counsel on 23 April 2004.

a. The IO applied an improper burden of proof.
DA Pam. 27-17, para. 1-1, delineates several functions of the Article 32(b) investigation. Specifically, the IO is tasked:
(i)
To make a thorough and impartial investigation into the truth of the allegations;

(ii)
To consider the correctness and the form of the charges; and

(iii) To make recommendations as to the disposition of the charges in the interest ofjustice and discipline.
In the referenced investigation, the I0 misapplied a critical legal standard. In his findings and recommendations, the IO discusses the elements of the charged offense. However, the IO clearly misunderstands the law when he states at Tab B, para. 2c(3) of his findings, that the "burden of proof remains with the Defense to prove the shooting was justified or lawful." This is clearly erroneous. The burden of proof of each and every element of the charged offense belongs to the government and does not shift to the defense. The government must establish that the shooting was unlawful. PFC Richmond is entitled to present a defense to any of the elements; however, the burden of proof is not on the defense to establish that the shooting was lawful or
justified. In so clearly misstating established law, the 10 displays an actual bias against the
016650

r t.s
AETV-BGJA-TDS
SUBJECT: Objection to Article 32(b) Investigating Officer's Report — PFC Edward L. Richmond, Jr.,

Headquarters and Headquarters Company, 1" Battalion, 27 th Infantry Regiment, 25'h Infantry Division ig ,Warrior, Kirkuk, Iraq, APO AE 09347-9998 i I^ ((,i1

9 (q)(05
accused. Alternatively, the JO was confused as to his function and role at the Article 32 hearing
and a new hearing with a new JO must be conducted to preserve the rights of the accused.
b. PFC Richmond is prejudiced by the IO's application of the erroneous legal standard.
The IO's error, as discussed in paragraph 2a of this memorandum, is prejudicial to PFC Richmond. In his findings and recommendations, the JO states at Tab B, para. 2c(3), that, "the "burden of proof remains with the Defense to prove the shooting was justified or lawful, which could in turn, if successful, merit a change in the charges brought forth." (emphasis added) The I0 acknowledges that essentially, a proper application of the law and a correct understanding of the burden of proof may have resulted in a different recommendation from the JO. Ultimately, this IO's recommendation will be considered by you and by the General Court-Martial Convening Authority. PFC Richmond is entitled to a new hearing with an I0 that may recommend a lower disposition of the charges based on a correct understanding of the elemental
burden of proof.
3. Thank you for your prompt consideration of this matter. If I may be of further assistance please contact me via email ai us.army.mil or by DNVT phone at: air
PT JA Trial Defense Counsel
2
016651
DOD-039916
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
REGION IX, FOB DANGER BRANCH OFFICE
APO AE 09392

REPLY TO
ATTENTION OF:

AETV-BGJA-TDS 15 April 2004
(0-2_.( 5•) (f)-2
MEMORANDUM FOR MAJ,11.111111Article 32 Investigating Officer, Headquarters
and Headquarters Company, 2 Bnga e Com at Team, 25 th Infantry Division (Light), Kirkuk,
Iraq, APO AE 09347-9998

SUBJECT: Article 32 Request for Witnesses and Production of Evidence — United States v. PFC Edward L. Richmond, Jr.
1. The Defense requests that the following witnesses be produced at the Article 32 investigative
hearing scheduled for 16 April 2004, IAW with Rules for Courts-Martial (R.C.M.) 405(f)(9) and405(g):
CPTi A Co., 1/27 IN BN
SGTi HHC, 1/27 IN BN
SPCi HHC, 1/27 IN BN
PFCi HHC, 1/27 IN BN

2.
If the Government contends that any Defense requested witness is not reasonably available under R.C.M. 405(g), the Defense requests that you make a determination under R.C.M. 405(g)(2). Your determination should be made after the Government explains on the record the specific efforts made to locate and contact the witnesses and after consultation with your legal advisor as to whether or not the witness is reasonably available. If deemed reasonably unavailable, the Defense requests that a specific factual reason be stated on the record.

3.
The Defense requests that the following documents and evidence be produced to the Defense at the Article 32 hearing, IAW with R.C.M. 405(f)(10) and 405(g)(1)(B):

a. All copies of CD reports (including 28s), military police reports, or any other reports made by a law enforcement agency relevant to this investigation to include the Agent Activity Reports and the Agent Activity Summaries. (The Defense has attempted to access this file during the week, however, CID will not permit Defense viewing of the file until authorized by
the Government.);
b.
Any and all ROE/RUF in effect for 1/27 IN BN from February 2004 through the present;

c.
Any and all OPORDs that pertain to the 27-28 Feb 04 mission to include a copy of the actual ROE/RUF card then in effect (Defense counsel holds an "interim TS" clearance);

d.
The SIGACT as reported by CPTIMIllitfter the 28 Feb 04 incident;

bN 101q) L 016652
DOD-039917

AETV-BGJA-TDS
SUBJECT: Article 32 Request for Witnesses and Production of Evidence — United States v. PFC Edward L.
Richmond, Jr.

e.
All training records for PFC Richmond;

f.
A copy of any parallel AR 15-6 or Line of Duty Investigations concerning the charged offense (to include, any documents maintained by the AR 15-6 Officer to include his or her appointment memorandum);

g.
Copies of any Press Releases or PAO information disseminated by the command regarding the 27-28 Feb 04 raid, to include documents drafted by the Office of the Staff Judge Advocate for release;

h.
Copies of any SIGACTS, FRAGOs, OPORDERs, or other similar documents related to the 1/27 IN BN mission on 27-28 Feb 04;

i.
The Defense reserves the right to ask for additional evidence, as it becomes known during the Article 32 investigation.

4.
If the Government contends that any Defense requested evidence relevant to this case is not reasonably available under R.C.M. 405(g), the Defense requests that you make a determination under R.C.M 405(g)(2). This determination should be made after the Government counsel explains on the record the specific efforts made to locate and produce the evidence and consultation with your legal advisor as to whether the evidence is reasonably available.

5.
Unless provided with copies of the referenced documents prior to the start of the Article 32 investigation, the Defense objects to consideration by the I0 of the following evidence:

PFC Richmond's ERB
CID Report of Investigation

6.
The Defense expresses the following additional concerns regarding the Article 32 pretrial investigation in this case:

a.
Receipt of Legal Advice. The defense specifically requests that the I0 make all determinations on questions of law after referring to R.C.M. 405, DA Pam 27-17, and based on advice from your legal advisor. As per DA Pam 27-17, para.1-2e, PFC Richmond and defense counsel are entitled to be informed of any legal advice received by the I0 and the opportunity to reply to that legal advice. The Defense proposes that both parties be present during receipt of legal advice, that you restate the legal advice on the record, and that both parties be given the opportunity to respond to that advice before you make a determination on a question of law.

b.
Marking Evidence. For record purposes, the Defense requests that you have the reporter mark each piece of evidence received and catalog the evidence. Please do not admit the "packet" as part of the record. This will prevent the parties and you from determining which evidence has been objected to and ruled upon.

2
016653
DOD-039918
AETV-BGJA-TDS
SUBJECT: Article 32 Request for Witnesses and Production of Evidence — United States v. PFC Edward L.
Richmond, Jr.

c. Delivery-of Report to Defense Counsel. The Defense requests that the convening authority
direct delivery of your report to the Defense Counsel instead of PFC Richmond. See, R.C.M. 405(j)(3). To effect this delivery, I ask that you state my request in your report, and request that the report be delivered with a personal certification and date annotation so that the Defense may comment on the report within five (5) days allocated UP R.C.M. 405 (j)(4). Defense counsel and PFC Richmond are located in different physical jurisdictions and service upon PFC Richmond can not be considered the same as service on Defense Counsel.
d. Verbatim Testimony. The Defense requests a verbatim transcript of the testimony presented during the Article 32 hearing. Alternatively, and IAW R.C.M. 405(h) and its applicable discussion, the Defense requests that each witness swear to the truth of his or her testimony, after it is reduced to writing.
7. If I ma be of further assistance in this matter, please contact me via email at us.army.mil or by DNVT phone at: Mr
//original signed//
efense Counsel
3
016654
DOD-039919
DEPARTMENT OF THE ARMY
Headquarters, 2nd Brigade Combat Team,
25th Infantry Division (Light)
Kirkuk, Iraq APO AE 09347-9998

REPLY TO
ATTENTION OF

APR 10 2004
APVG-UZO-CO (27-10e)
wW-L 1 1) (74)(c) ---t_
MEMORANDUM FOR Majori Headquarters and Headquarters Company, 2nd Brigade
Combat Team, 25 th Infantry Division (Light), Kirkuk, Iraq APO AE 09347-9998

SUBJECT: Appointment of Article 32 Investigating Officer
1.
You are hereby appointed as investigating officer for the charges in the case of US v. Private FirstClass Edward L. Richmond Jr, Headquarters and Headquarters Company, 1 5' Battalion, 27'h Infantry, 2nd Brigade Combat Team, 25th Infantry Division (Light), Kirkuk, Iraq APO AE 09347-9998. This is your primary duty and takes precedence over all other duties. Your responsibility is to impartially inquire into the truth and the form of the charges and such other matters that may be necessary to make a recommendation as to the disposition of the charges. You may also investigate uncharged offenses that come to light during your investigation.

2.
You must complete your investigation no later than seven duty days from 10 April 2004. If counsel seeks a delay, they should submit a written request with specific reasons in support of their request. As

the Investigating Officer, you may approve any request for delay up to 7 days. You will immediately forward any request for delay in excess of 7 days to the Legal Office.
3. You will submit a report of your investigation in seven copies on DD Form 457 (Appendix 5, Manual for Courts-Martial, United States, 2000 Edition) to the 2nd BCT Legal Office. Your report will contain a detailed chronology of the time you took to complete your investigation, to include any delay and the reason therefore. You must, within the time specified in paragraph 2 above, allow sufficient time for
preparation of the report.
4.
Your investigation will conform to Rule 405, Manual for Courts-Martial, United States, 2000 Edition, and Article 32, Uniform Code of Military Justice. You are to use DA Pam 27-17 as a procedural guide and administrative/recording support will be provided by the 2nd BCT Legal Center, DNVT 523-8558.

5.
You will contact the Administrative Law Branch, Office of the Staff Judge Advocate CPTIMIr 111111rt INIEratini111111111111m .smil.mil, ori no later than hours after receipt of this memorandum for a briefmg on your duties prior to commencement of

the investigation.
0(0 -1

loN (0 -7_iIMP
2 Enclsi
1.
Charge Sheeti Colonel, IN

2.
ERBi Commanding

0166 5J 5
DOD-039920
DEPARTMENT OF THE ARMY
Headquarters and Headquarters Company,
2hd Brigade Combat Team, 25 th Infantry Division (Light)
Kirkuk, Iraq APO AE 09347-9998

REPLY TO
ATTENTION OF

APVG-UZO-CO 10 April 2004
11(0 -5 ; \o(9-)0_5
MEMORANDUM FOR Private First Class Edward L. Richmond Jr., iU.S. Army, Headquarters and Headquarters Company, 1 st Battalion, 27th Infantry, 211 Brigade Combat Team, 25th Infantry Division (Light), Kirkuk, Iraq APO AE 09347-9998
SUBJECT: Notification - Article 32 Investigation
1
(0-2_ -19 (?) (C) -Z
1.
On 16 April 2004, at 1030 hours in the Information Operation conference room, Building 370, Kirkuk Airbase, Iraq, I will conduct an investigation pursuant to Article 32, UCMJ, to investi ate the facts and circumstances concerning the charges preferred against you by CPT i The charge is:Article 118, Murder.

2.
You have the right to be present during the entire investigation. Additionally, you have the right to be represented at all times during this investigation by legally qualified counsel. Such counsel may be a civilian lawyer of your choice, provided at no expense to the United States Government, a qualified military lawyer of your selection, if reasonably available, or a qualified counsel detailed by the Officer exercising general court-martial jutisdiction over the command. There is no cost to you for military counsel. You also have the right to waive 'representation by counsel. Notify me with your decision thru the 2ND BCT Legal Center no later than 1630 hours, 15 April 2004.

3.
The names of the witnesses, known to me, who will be asked to testify at the hearing, are as follows:

RankiNamei Address
SGTi HHC, 1/27th N Bn, Mortars FOB Mchenry
b(0-9 ;.(0-1
Additionally, it is my intention to examine and consider the following evidence:
a.
SPC Edward L. Richmond Jr. Enlisted Records Brief

b.
CID Report of Investigation

016656

DOD-039921

APVG-UZO-CO SUBJECT: Notification - Article 32 Investigation
4. As Investigating Officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. I will also try to arrange for any evidence that you wish for me to consider. Notify me of the names, addresses and phone numbers of such witnesses or the location of the evidence no later than 1030 hours, 15 April 2004. If, at a later time, you want additional witnesses or evidence, inform me
immediately.
5. You may contact me by the 2ND BCT Legal Center at DNVT 523-8558 for assistance.
MAJ, SC Investigating Officer
016657
DOD-039922
INVESTIGATING OFFICER'S REPORT
(Of Charges Under Article 32, UCMJ and R. C.M. 405, Manual for Courts-Martial)
1 a. FROM: (Name of Investigating Officer -b. GRADE c. ORGANIZATION
d. DATE OF REPORT
Last, First, MI)
2nd Brigade, 25th Infantry Division (Light) 1111111111111,7 b('° -2) MAJ/O-4 18 APR 04
11M (0 1-
2a. TO: (Name of Officer to directer7 the, b. TITLE c. ORGANIZATION investigation - Last, it , MI)
Commanding Officer 2nd Brigade, 25th Infantry Division (Light) APO AE 093471)(0 -5
3a. NAME OF ACCUSED (Last, First, MI) b. GRADE c. SSN.IA -t) (p) -.5 d. ORGANIZATION e. DATE OF CHARGES
HHC, 1-27 IN BN, 2/25 ID (L)
Richmond, Edward L. PFC/E-3
6 APR 04
(Check appropriate answer) YES NO
4.
IN ACCORDANCE W TH ARTICLE 32, UCMJ, AND R.C.M. 405, MANUAL FOR COURTS-MARTIAL, I HAVE INVESTIGAT D THE CHARGES APPENDED HERETO (Exhibit 1) X

5.
THE ACCUSED WA.REPRESENTED BY COUNSEL (If not, see 9 below) X

6.
COUNSEL WHO RE RESENTED THE ACCUSED WAS QUALIFIED UNDER R.C.M. 405(d)(2), 502(d) X

COUNSEL (Last, First, MI) b. GRADE 8a. NAME OF ASSISTANT DEFENSE COUNSEL (If any) b. GRADE
CPT/O-3
c. ORGANIZATION (If appropriate) c. ORGANIZATION (If appropriate)
TDS, lID, FOB Danger
d. ADDRESS (If appropriate) d. ADDRESS (If appropriate)
FOB Danger, APO AE 09347
9..(To be signed by accused if accused waives counsel. If accused does not sign, inv stigaring officer will explain in detail in Item 21.)
a. PLACE
b. DATE
I HAVE BEEN INFORMED OF MY RIGHT TO BE REPRESENTED IN THIS INVESTIGATION BY COUNSEL; INCLUDING MY RIGHT TO
CIVILIAN OR MILITARY COUNSEL OF MY CHOICE IF REASONABLY AVAILABLE. I WAIVE MY RIGHT TO COUNSEL IN THIS INVESTI­GATION.

c. SIGNATURE OF ACCUSED
10. AT THE BEGINNING OF THE INVESTIGATION I INFORMED THE ACCUSED OF: .(Check appropriate answer) YES.NO
a. THE CHARGE(S) UNDER INVESTIGATION
X
b. THE IDENTITY OF THE ACCUSER
X
c. THE RIGHT AGAINST SELF-INCRIMINATION UNDER ARTICLE 31
X
d. THE PURPOSE OF THE INVESTIGATION
X
e. THE RIGHT TO BE PRESENT THROUGHOUT THE TAKING OF EVIDENCE
X
f. THE WITNESSES AND OTHER EVIDENCE KNOWN TO ME WHICH I EXPECTED TO PRESENT
X
g. THE RIGHT TO CROSS-EXAMINE WITNESSES
X
h. THE RIGHT TO HAVE AVAILABLE WITNESSES AND EVIDENCE PRESENTED
X
i. THE RIGHT TO PRESENT ANYTHING IN DEFENSE, EXTENUATION, OR MITIGATION
X
j. THE RIGHT TO MAKE A SWORN OR UNSWORN STATEMENT, ORALLY OR IN WRITING
X 11a. THE ACCUSED AND ACCUSED'S COUNSEL WERE PRESENT THROUGHOUT THE PRESENTATION OF EVIDENCE (If the accused or counsel were absent during any part of the presentation of evidence, complete b below.)
b. STATE THE CIRCUMSTANCES AND DESCRIBE THE PROCEEDINGS CONDUCTED IN THE ABSENCE OF ACCUSED OR COUNSEL
NOTE:iif additional space is required for any item, enter the additional material in lien; 21 or on a separate sheet. i
Identity such material with the propel numerical
arid, if appropriate, lettered headinci i(1: ¦ omplc.i

I Securely attath any additional sheins to the torn) and add a note in the uppropliale item of Me 111 , 111:.See
additional sheet."

.._...“i..i.. __.i_i..
DOD-039923
I Ld..I ric ruLLuvviivu vvi I IN tJb tb I tb I IFILU UNUbN UA IH:i
(Check appropriate answer)
NAME (Last, First, MI) GRADE (If any) ORGANIZATION/ADDRESS (Whichever is appropriate) YES NO
b(6)11VIA __LI CPT/0-3 SGT/E-5 A Co., 1-27 IN BN HHC, 1-27 IN BN X X
SPC/E-4 HHC, 1-27 IN BN X
PFC/E-3 HHC, 1-27 IN BN

b. THE SUBSTANCE OF THE TESTIMONY OF THESE WITNESSES HAS BEEN REDUCED TO WRITING AND IS ATTACHED.
13a. THE FOLLOWING STATEMENTS, DOCUMENTS, OR MATTERS WERE CONSIDERED; THE ACCUSED WAS PERMITTED TO

EXAMINE EACH
DESCRIPTION OF ITEM

LOCATION OF ORIGINAL (If not attached)
(see Table of Contents - Exhibits received, includes
sworn statements from above witnesses & accused) X

8 pictures of victim and crime scene
X
SF 95, for dated 10 March

2004i (0 "A
X
Sworn Statement by Edward L. Richmond, dated 1
March 2004 ( -)(0 1 X
Sworn Statement by Edward L. Richmond, dated 29
March 2004
X
DA Pam 27-9, Paragraph 3-43-2

b. EACH ITEM CONSIDERED, OR A COPY OR RECITAL OF THE SUBSTANCE OR NATURE THEREOF, IS ATTACHED
X
14.
THERE ARE GROUNDS TO BELIEVE THAT THE ACCUSED WAS NOT MENTALLY RESPONSIBLE FOR THE OFFENSE(S)
OR NOT COMPETENT TO PARTICIPATE IN THE DEFENSE. (See R.C.M. 909, 916(k).)

15.
THE DEFENSE DID REQUEST OBJECTIONS TO BE NOTED IN THIS REPORT

(If Yes, specify in Item 21 below.)
16. ALL ESSENTIAL WITNESSES WILL BE AVAILABLE IN THE EVENT OF TRIAL
.X
17. THE CHARGES AND SPECIFICATIONS ARE IN PROPER FORM
X
18. REASONABLE GROUNDS EXIST TO BELIEVE THAT THE ACCUSED COMMITTED THE OFFENSE(S)
ALLEGED
X
19. I AM NOT AWARE OF ANY GROUNDS WHICH WOULD DISQUALIFY ME FROM ACTING AS INVESTIGATING OFFICER.
(See R.C.M. 405(d)(1).
20. I RECOMMEND:
a. TRIAL BY.¦ SUMMARY. ¦ SPECIAL. Fig GENERAL COURT-MARTIAL
b. ¦ OTHER (Specify in Item 21 below)
21..REMARKS.
(Include, as necessary, explanation for any delays in the investigation, and explanation for any "no" answers above.)
o Memorandum For Record - Recommendation and justification by Investigating Officer is attached

o Chronology and Record of Investigation is attached (see TAB A)

o Discussion of the elements of Article 118 -IAW MCM para 43b and 43c (see TAB B)

o Discussion of Defense 1)w:ikon and recommendation for dismissal of charges (see TAB C)

oiRecord (ir Verbatim Testimony is attached (see TAB [1),

o Delay of Article 32 Hearing as requested by the Defense Council (see TAB E)

o Record of investigating Officer's Questions and Summary of Witness Answers is attached (see TAB F)

22a. TYPED NAME OF INVESTIGATING OFIF .R b. GRADE e. ORGANIZATION
2nd Brigade. 25th. Infantry Division (Lighu
1') 0-1 5 4 (k i0 1 6 6 5 9
11._...........211k-or,

DA 'T
DOD-039924

DEPARTMENT OF THE ARMY
Headquarters, 2nd Brigade, 25th Infantry Division (Light)
FOB Warrior, Kirkuk, Iraq
APO AE 09347-9998
REPLY TO
ATTENTION OF:

APVG-UZCi
17 April 2004
MEMORANDUM FOR Commander, 2nd Brigade Combat Team, 25 th Infantry Division (Light).
Kirkuk, Iraq, APO AE 09347-9998
SUBJECT: Article 32 Record of Findings and Recommendation -United States v. PFC Edward
L. Richmond, Jr.
1. After conducting a thorough investigation and examination of all the available evidence in the
case of United States v. PFC Edward L. Richmond, I recommend that the case be tried under
General Courts Martial for violation of Article 118 of the Uniform Code of Military Justice.

2. Background (TAB A - Chronology). On or about 2200 hours on 27 Feb 04, SGT
received the OPORD and ROE briefings for the next day's operation. He proceeded to brief his

A
squad on the mission and ROE for 28 Feb 04, PFC Richmond was present. By 0500 hours, the 19 L)

-f
blocking positions were in place and at 0530 hours the raid commenced. At 0730 hours, SGT

IIIIIIreceived orders, via FM radio, to detain all Iraqi males attempting to enter or leave the
(7-)((
village. At 0800 hours, the farmer was spotted tending cattle in the adjacent field. At approximately 0830 hours, SGTOIlliand the accused, PFC Richmond, went to detain thefarmer. SGTi
placed the accused in his security position, conducted an initial search for large weapons, and placed the Iraqi in flex-cuffs. Upon completion, SGTr patted the Iraqi on the shoulder, told the accused "he is good, let's go", turned the detainee and began to walk back. The accused then shot i
in the back of the head at
approximately 0845.
2. Summary. The IO's recommendation is based on the following, and supported by the referenced exhibits (marked and submitted as evidence in this investigation).
a. Government Position. The Manual for Courts Martial, 2002 Edition, contains four elements in defining Article 118 - Murder, in which the actions of the accused on 28 February 2004, met all criteria for the charge of Unpremeditated Murder. The summarized elements, and their application to this case, are as follows: i
41-\9(0)-1
(I)
Death.i was killed by a gunshot to the back of the head.

(2)
Result of act or omission by the accused. 1111111111111111.111. was killed by a

gunshot from PFC Richmond's weapon. The shot was admittedly fired by the accused and as a direct result of actions taken by the accused.
(3) Killing was unlawful.i was killed after having been searched, flex-cuffed, and while in the process of being escorted from the area (TAB.B, para 2c(1)-(3)).
016660
DOD-039925
APVG-UZC
SUBJECT: Article 32 Record of Findings and Recommendation — United States v. PFC Edward L. Richmond, Jr.

(4)
Intent to kill. By his own admission, the accused stated (sworn statement, 1 Mar 04), that he intended to kill the victim when he fired his weapon (TAB B, para 2d).

b.
Defense Position.

(1)
The defense nten s that the unit's (TF 1-27 IN) recent changes to the Rules of Engagement caused onfusio r , and a void existed in the decision making process for the use of deadlforce. T defense ates that the accused was attempting to prevent harm from coming to SGTi, and deadly orce had been previously authorized in such cases (TAB C — Summary and Analysis of Defens- The defense recommended dismissal of Article 118 -Murder charges.

(2)
While this may have been the case, it was by omission that the accused did not
acknowledge the fa that the victim was in fact secured and ready to be moved, thus not acting
in a hostile capacit , nor was the victim ever proven to be a combatant. Moreover, no evidence
existed for the viq im's consideration thereof.

(3)
Th accused did not have adequate situational awareness that would have prevented
any reasonabl soldier from acting in kind. The accused was in an adequate position to observe
SGTicontrol of the victim for the move, and subsequent turning thereof, yet failed to
acknowledge these facts. This omission led to the accused mistaking the movements of the
unarmed victim, as an assault. The focus of the accused was narrow and pinpointed on the sight
picture through his scope.

3.
Further actions taken by the 10. A verbatim testimony was requested by the Defense. The testimony on 17 April 2004 was captured via audio recording device, summarized, and subsequently reviewed/validated by the Investigating Officer. The transcript is enclosed as TAB D in the IO's investigation.

4.
POC is MAJi , 2BCT S-6, at DNVTIMIllor e-mail (NIPR) 111.1.11111VLB.arrni(SIPR)1111111111111111s.a m .smil.miI

ri
AJ, SC Investigating Officer
016661

DOD-039926

TAB A - Record of Investigation
28 Feb 04 - Incident in question
28 Feb-1 Mar - Statements taken
6 Apr 04 - Charges Preferred (Company and Battalion Commanders)
10 Apr 04 - Article 32 Investigating Officer appointed
11 Apr 04 - Article 32 Investigating Officer notified
11 Apr 04 - Witness Notification of Rights transmitted
11 Apr 04 - Article 32 Hearing date is set for 16 Apr 04
\I i'() 11 Apr 04 - I0 receives brief from Division Legal Advisor (CPT.= 12-13 Apr 04 - Investigation conducted
14 Apr 04 - Defense requests delay for Article 32 Hearing (TAB E - Copies of Supporting Correspondence)
15 Apr 04 - 'Envestigation delayed until 17 Apr 04
15 Apr 04 - Received Defense Request for Witnesses and Production of Evidence
-
16 Apr 04 Final preparations made for Hearing, Evidence Acquired
17 Apr 04 - Defense cancels request for testimony from CPTI11111111 (5e) 17 Apr 04 - 1200 hours - Article 32 Hearing Commences 17 Apr 04 - -1600 hours -1-fearing Closed
016662

DOD-039927

TAB A - Chronology (estimated)
27 Feb 04:
2200 - SL briefing (Richmond)
28 Feb 04:
0500 - Blocking positions established
0530 - Raid initiated
0615 - All target buildings seized
-0630 - Daybreak, farmer appears with cattle ammp
-0730/0800 - Netcall from CPTiabout "detention of all Iraqi
males attempting to enter or leave the village."

-0730/0800 - Farmer sighted
-0830 - Farmer in field for about 60 minutes, moving to detain
-SGTiplaces Richmond in security position
-SGTiconducts initial search for large weapons
-SGiattempts to flex-cuff Iraqi
-SGTidirects Richmond to raise weapon as show of force
-Iraqi relaxes and allows himself to be cuffed
-SGTisecures cuffs
-SGTipats detainee on shoulder
-SGTiooks at tells Richmond, "he's good, let's go"
-SGTiobserves Richmond lowering weapon
-SGTigrabs detainee by the arm, and turns him to the left
-SGTibegins to escort detainee back to truck
-SPCiobserves all three (detainee and 2 soldiers) returning
-0845/0900 - Shooting occurred (I0 estimate)
-0915 -BIN 'FOC no ior incident (CSMIIIIM
-0930 - Statements taken (Richmond)
-0940 - ITC Richmond advised of his rights.
0 16663
DOD-039928
APVG-UZCi 17 April 2004
MEMORANDUM FOR RECORD
SUBJECT: TAB B — Discussion of the Elements of Murder
1. The Manual for Courts Martial, Article 118 — Murder, lists the following elements in
determining the relevant nature of the charge:

a.
That a certain named or described person is dead

b.
That the death resulted from the act or omission of the accused

c.
That the killing was unlawful

d.
That, at the time of the killing, the accused had a premeditated design to kill

2. Discussion of Elements.
a.
Death. It is certain that the victim,a1MINIMID was in fact killed by ai(q19 gunshot to the back of the head. This is uncontested.

b.
Result. Tideath was in fact a direct result of the accused firing the fatal shotthat killedi n 28 Feb 04. This is uncontested. However, the investigation shows that a contributing factor for the shooting was also that of omission by the accused, in that the accused failed to maintain adequate situational awareness.

(1)
The accused failed to observe the flex-cuffs. All the statements by the accused confirm that he made no attempt to look beyond the sight picture in his scope. The statements of the accused lead me to believe that he was totally focused on his sight picture, and only that.

(2)
SGTiestimony, and all his statements, describes his final actions as "patting the male on t e s oulder", looking at the accused, and telling the accused "he's good, let's go", at which point he turned the victim and began to escort him back to the vehicle. The victim, due to the rough ground, was not on stable footin and was gaining

IIIIIIW
his balance from SGT Had the accused acknowledged SGT instructions, or had he observed more than the victim's head through the scope (accused statement on 28 Feb described having only one eye open), then would have been more aware of his surroundings, and the actions being taken by SGT iand the subsequent nature of the victim's movements.
(3)
The follow-up statement from the accused on 29 Mar 04, describes how all the stress, adrenaline, and pressure "probably" inhibited his ability to properly process, or perceive, all the events. While this would not justify his actions, they would lead to the conclusion that an omission had taken place. His testimony on 17 Apr 04, would lead me to believe no different.

c.
Unlawful Killing. The whole case comes down to this particular element. The positions of both parties with regards to the lawfulness of this killing are as follows:

016664
DOD-039929
(1)
The Defense. It is the position of the defense that the killing, while unfortunate, was justifiable IAW RCM 916(c) in that the accused was performing his official duties in a combat zone. In that referring to the victim as an enemy combatant, the killing could be justified. The defense also contends that a similar event transpired the previous week (an incident where after an IED exploded, SGTftlikengaged and killed an unarmed Iraqi female) whereby no charges were filed. While the facts of that case were not considered in this investigation, the defense's position was that it was deemed a justifiable shooting then, just as this ought to be.

(2)
The Government. The victim had been searched, and successfully flex- 11N (C) cuffed. The victim was then turned in such a way as to reveal the detainees hands secured behind him, whether or not the cuffs were concealed by loose clothing or a long flowing scarf. SGTihad control of the Iraqi male. The government's position was that if the detainee ha een an American with all situational facts remaining constant, the shooter would have been charged with murder as well. The Iraqi was a non­combatant in a combat zone, but the fact that he was an Iraqi should not change the matter. The thoughts and actions associated with applying the ROE (in self-defense or defense of others vis a vis Use of Deadly Force) requires common sense, and must be reasonable.

(3)
Analysis. It is the belief of this investigating officer, that the shooting of a successfully secured (read: flex-cuffed) and unarmed "non-combatant" be an unlawful, thus one justifying the charges of murder. The burden of proof remains with the Defense to prove the shooting was justified or lawful, which could in turn, if successful, merit a change in the charges brought forth. This proof was not sufficient.

d.
Premeditated (or unpremeditated) Intent to Kill.

(1)
It is the position of the government that the accused killed the victim with unpremeditated intent. By admission, the accused intended to kill the victim (sworn statement by accused, 1 Mar 04) when he fired his weapon. While the Manual for Courts Martial states (para 43.c.(2)(a)) that premeditation does not need to be entertained for any length of time, just that the intent to kill be fixed and put into execution prior to the act.

(2)
The accused did make a conscious decision when he move his selector switch from safe to fire, aimed his weapon at the victims head and fired his weapon. His intent to kill was clear and stated in his sworn statements. His intent to kill was uncontested.

(3)
It is not the intent of this investigation to put forth the conclusion that the accused acted out of premeditation, only that the charge of unpremeditated Murder now he considered in the specification for the charge of murder.

MAI, SC In vesti Liatimz Officer

01666,5

DOD-039930

APVG-UZCi
17 April 2004
MEMORANDUM FOR RECORD
SUBJECT: TAB C — Discussion of the Defense
1. The basis for the Defense is three-fold, in that 1) the Rules of Engagement for this operation underwent several modifications prior to the operation in question, causing uncertainty as to which to follow, thus leaving it to the individual to make the judgment call and take responsibility, 2) the killing was justified under RCM 916(c), thus not a case of murder, and 3) "looking through the eyes of the accused", given his state of mind and inex erience, how would anyone else have reacted to a perceived assault on SGT
Each of these positions will now be addressed. i
14) (7) (c-)
2. ROE. (i
a.
Discussion. The testimony of all witnesses does show that the unit'siE was modified on at least two occasions prior to the operation in question. The first stating that all targets would be positively identified prior to engaging and use best judgment (by the 1-27 IN BN CDR), and the second from CPT ion 27 Feb 04 during the ROE brief, —2200 hours) stating that all Iraqis attempting to flee the village were to be engaged.

b.
Analysis. While the confusion may have e fisted each soldier in their testimony

(see Verbatim Testimony for SPCiPFCiand SOT) understood that confirmation of the targets and permission to fire (gained by their respective Squad Leaders) was a prerequisite to engaging. However, the ROE is designed to protect non­combatants as much as it is to protect the Coalition Forces. Any reasonable person could not be expected to consider an unarmed and "cuffed" individual as an immediate threat requiring the application of deadly force, whether combatant or otherwise designated.
c. Conclusion. While confusion may have existed over the ROE guidance from the Battalion Commander and the adjusted guidance received from the Company Commander, it may have even contributed to the confusion of the soldiers on this mission, but it does not override the requirement for common sense in the reasonable application of deadly force.
3. Manual for Courts Martial, RCM 916(c).
a.
Discussion. RCM 916(c) defines Justification (under Defenses) as: "A death, injury, or other act caused or done in the proper performance of a legal duty is justified and not unlawful." The defense portends that this shooting, while unfortunate and the responsibility of the accused, was acting within the stated limits of proper performance of a legal duty described in referenced RCM. It states that "the killing of an enemy combatant in battle is justified." Thus the defense attempts to make the case that the shooting was not unlawful.

b.
Analysis. While the operation was in fact a legal duty, the detention of the Iraqi male during a tactical operation in no way immediately classifies him as an enemy combatant. Further analysis would call into question the definition of "proper performance". It appears that the actions of the accused does not support that definition,

016660

DOD-039931

in that he was not cognizant of the actions taking place within his immediate view. If he
had been properly performing his duties, then he would have observed the "cuffing" of
the detainee, and subsequent moving of said individual under the direct and positive
control of SGT 1111111111
c. Conclusion. In this case, RCM 916(c) does not seem to apply to the killing of
in that 1) he was not an enemy combatant, and 2) he was under the direct and positive control of SGT i, unarmed, and "cuffed" thus posing no immediate threat that would merit the app ication of deadly force; therefore the proper (and most reasonable) performance of this legal duty would not be to shoot and kill of said individual but rather to subdue him had he in fact been attempting to esca e or assault SGT.' iIn testimony by the accused, SGT iand SPi, the \ accused was no more than 6 feet from the victim at all times; t us making available alternate non-lethal means of interdicting any perceived threat. The United States Army does not advocate, or by action, direct or indirect, condone the killing of prisoners, be ) ,
they combatant or otherwise. The investi ation further determines that the victim made i, i , no attempt to escape or assault SGT i, nor provide just cause for actors in this i(6)..11-. oNY 1 incident to believe that this may have been the case. I i
4. "Through the eyes of PFC Richmond".
a.
Discussion. The defense makes the plea that the accused, being inexperienced and young, acted as any soldier may have if in his place under the same circumstances. Taking the position of Self-Defense IAW DA Pam 27-9 para 5-2-6, the Defense argued that the accused acted, in his state of mind, in a way that would justify his actions during a fast moving situation, where he may have paused only at his own peril.

b.
Analysis. The accused has only been in the Army for leSs than 2 years. Has only been on a total of 10 combat patrols, and executed the duties of security during an EPW search on only two occasioniiii

r to this incident. This would be the only time he had worked directly under SGT
c. Conclusion. This investigation, while concerned with "what others may do in the same situation", cannot base its recommendation solely on the speculative nature of this argument and given the evidence put forth in this investigation. However, to address it briefly, it would be more correct to expect a soldier to seek more guidance and additional affirmation on his actions during the events leading up to the shooting. As a result, they may have paid closer attention to the directions and actions of their NCO. This argument remains wholly subjective, and was its due consideration.
MAJ, SC Investigating Officer
016667

DOD-039932

TAB E - Record of Correspondence (Defense Request for Delay)
Reply and Response (MAJIIIIMPsent 150845UAPR04)
To: MAJIIIIMCPT.SPC
Since CPT -is enroute, this is for the record:
1) I will flex the start time on Saturday, only to ensure that the requested witnesses from 1-27 are readily available, and that we make a conscious effort to start as soon as prepared to do so, though NLT 1500 as originally stated.
If everything is set, then we will begin NET 1200 hours. Just expect nothing sooner for the time being.
2) I received and replied to an e-mail from the 1-27 XO stating his difficulty in arriving for a hearing at 0900... route clearance being the issue. First off, I informed him that I had set no such time (1500 being the hearing), but I proceeded to direct that they arrive as soon as possible (Saturday) to ensure adequate preparation time. I also informed him that we would start NET 1200. An ETA was requested.
MAJ, SC
.Original Messa e From:. us.army.mil Date: Thursday, April 15, 2004 10:18 am Subject: Re: RE: Request for Delay
Sir,
Thank you.
I will arrive NLT 1000 tomorrow (SPC.I think the flight is about 50 minutes?).
Unfortunately, I think G3 Air can only get be back out on Saturday afternoon. As indicated I need to turn around here in Tikrit on Sunday to head to Baghdad; there are no direct flights from Kirkuk to Baghdad. I think the defense will be able to go on Saturday morning if that doesn't screw ,:up the schedule yet again. Schedule permitting, the 32 should be complete by the time I'd need to catch my as yet
unscheduled afternoon flight.
Thank you sir for your patience and understanding.
I look forward to seeing you ornorrow and I'll bring the recor ing equipment with me.
V/R
Jennifer
016663
DOD-039933
(6).-2_ i 10(3)(0-2

CPT, JA Trial Defense Counsel_ (4 I Tikrit Branch Office (FOB Danger) Region IX DNVT: 53-9383 or 553-3362 E-mail:_us.army.mil
_
Ori i al Messa From:_ us.army.mil Date: Thursday, April 15, 2004 5:20 pm Subject: Re: RE: Request for Delay
Okay then, consider it done. Hearing is set for 171500UAPRO4, at FOB Warrior as
discussed.

CPT_keep me posted on your travel arrangements... aircraft have a way of
being cancelled just as soon as they are scheduled... continue to follow-up with me.

We also received and are working your witness and evidence requirements.

Any other outstanding issues from the government or defense???

MAJ, SC
DNVT:
DSN:

_Ori final Message

From:_ @MMCS.army.mil
Date: Thursday, April 15, 2004 1:43 am
Subject: RE: Request for Delay

MAJ

The Government has no objections at this time.

NCOIC, riminal Law
DNVT 523-8558
"Warriors"

_Ori• i_Messa• e _
Fro_ us.army.mil

us.army.mil ] Sent: Thursday, April 15, 2004 9:57 AM To: us.army.mi Cc:_ s.army.mil ;_ us.army.mil
Subject: Re: Request for Delay
016669
DOD-039934
MAJ
Based on travel conditions and aircraft availability, I am inclined to delay until 1500 Saturday, 17 Apr in order to give the defense adequate time to confer with the defendant in person.
What is the Government's position?
MAJ, SC
_Original Message _ From:_ ©us.army.mil Date: Wednesday, April 14, 2004 10:37 pm Subject: Re: Request for Delay
Sir,
Thanks for your e-mail. As of 0930 today (Thursday) the G3 Air still thinks there will be a flight tomorrow but they don't have a time locked down. I was notified by e-mail on Monday, 12 Apr 04, of the date of the 32. The government e-mailed the sworn statements to me earlier this week so I have had a chance to review them.
Assuming I arrive tomorrow, I'd prefer to start the 32 early on Saturday morning instead of sometime Friday afternoon. Delaying just one day should give me a significant amount of time (hopefully) to meet with PFC Richmond on Friday afternoon and evening. The soldier is facing a potential court-martial for an extremely serious offense and it's my responsibility to spend the time with him that he needs. His unit does not have a private phone where he can talk to me one-on­one. Based on the packet, I believe I can still submit the witness request to you today; however, once I meet with PFC Richmond, he may request additional evidence and witnesses.
If the 32 can not be delayed until Saturday, can it at least be delayed until tomorrow evening with a flexible start time based on when I arrive in Kirkuk.
Thank you for your consideration of this matter.
V/R, CPT
CPT; JA Trial Defense Counsel Tikrit Branch Office (FOB Danger) Region IX DNVT: E-mail:_ @us.army.mil
Original Message
016670
DOD-039935
Fromffilliala@us.army.mil
Date: hursday, April 15, 2004 6:50 am Subject: Re: Request for Delay
CPTIMIlland MA), my concern is on the defense's ability (or lack thereof) to spend adequate time with the defendant prior to the hearing. Travel here is certainly a matter for serious consideration.
While you should have made a better effort to confer with PFC Richmond on his case, I must ask for a better assessment of your ability to 1) appear prepared for the hearing during the evening of 16 Apr (as stated by the Government's response), and 2) if a delay was granted, of which I can delay no longer than 23 Apr, would that give you adequate time for travel and preparation, thus is that date even feasible given your schedule?
Otherwise, given the uncertain nature of your court and travel schedule, your initial request would force me to deny your request, and execute as planned on 16 Apr.
I will await reply and rebuttal before I make my decision.
MAJ, SC
.
0 essa•e From:. us.army.mil Date: Wednesday, April 14, 2004 10:10 am Subject: Re: Request for Delay
Sir,
Government opposes the Defense request for a delay. Counsel stated she could get to Kirkuk on Friday, the day the 32 is scheduled.
We could do it in the evening, if needed.
V/R
MAI 111111MOW
.Ori nal Message From:. us.army.mil Date: Wednesday, April 14, 2004 8:16 pm Subject: Request for Delay
Sir,
Good evening. I am a defense attorney located at FOB Danger in Tikrit. I represent PFC Edward Richmond.
I have been coordinating with G3 Air to get to Kirkuk in a timely manner for Friday's Article 32 hearing. There were no flights today (Wednesday) and there are none scheduled for tomorrow.
DOD-039936

At the earliest, there is a flight leaving here on Friday morning at as yet an unscheduled time. My intent was to get to Kirkuk as soon as possible to meet with PFC Richmond. We have not yet met and have only spoken once by DNVT phone.
Previously, on behalf of another client, a delay was requested in her Article 32 hearing which is now scheduled for Tuesday (20 Apr 04) in Baghdad. I anticipate being in Baghdad from approximately 18-22 April.
Sir, based on logistical concerns alone, the defense requests a delay until approximately 24-25 April. I can fly to Kirkuk on Friday but my concern is that even given a one-day delay in the hearing, I may not make it to Baghdad with enough time to meet with that client prior to her 32 hearing. I will return to Tikrit from Baghdad as early as possible next week and immediately will again coordinate with G3 Air to get to Kirkuk without limitations or restrictions.
I apologize for the lateness of this request and look forward to your response.
V/R,
JA Trial Defense Counsel Tikrit Branch Office (FOB Danger) Region IX DNVT:_or E-mail:_ us.army.mil
016672

DOD-039937

Page 1 of 1

111111111111111110 MAJ 2BCT/BDE S6

From: 1.111111111MAJ 2BCT/BDE S6
Sent: Friday, April 16, 2004 8:43 AM
To: MAJ 2BCT/1-27 INF BN XO

Subject: RE:
I do not know where the 0900 came from (probably for providing the witness briefings and ensuring adequate flex/preparation time).
I issued out the set time as Saturday at 1500. I am being flexible on the start time due to defense counsel's flight out that afternoon/evening.
Can you be here by 1000 or 1100? I cannot cut much more.
Give me an estimated ETA and I will adjust as necessary, but most likely my proceedings will not start any earlier than 1200.
From: MAJ 2BCT/1-27 INF BN XO Sent: Thur April 15, 2004 9:02 PM To: 1LT 2BCT/ 1-27 LNO Cc: MAJ 2BCT/BDE S6 Subject: RE:
Is the time for the Article 32 hearing flexible at all? You are asking for a company commander to come up and he will be executing operations on Friday and we cannot leave until mr. route is cleared on average between 0730 and 0800. 0900 is cutting it way to close — in fact, I can guarantee we cannot make it there by 0900.
111.
From:1111111111LT 2BCT/ 1-27 LNO Se t: T.Aril 15, 2004 3:03 PM To:.A] 2BCT/1-27 INF BN XO Cc.MA.] 2BCT/1-27 INF S3 Subjec :
Sir,
alked me about the Richmond case. He will be sending you an e-mail regarding it. What I at the art . le 32 hearin will be this Saturday the 7 th at 0900. The defense according to MAJ s requestin.P. PF.That is all I have for now and will update you.eceive mor: informa ion.

1LT 1-27 LNO
(40-1; 610 -1

016673

4/16/2.00.4

DOD-039938
TAB F - 10 Questions for Witnesses
The following answers were summarized by the Investigating Officer during the formal hearing on 17 Apr 04. I swear that the information contained is accurate and in keeping with the verbal testimony and intent of the witness. Official Verbatim Testimony (Summarized) is enclosed in TAB D.
Accused:
SPC Edward L. Richmond, HHC, 1-27 IN BN -
•
How long have you been in Iraq now? With the Wolfhounds the whole time?

2.5 months, yes

•
How many missions of this type had you participated in before 28 Feb 04?

-10 missions
• Prior to this day, had you ever provided security while someone was being searched and subsequently detained (excluding training events)?
twice
• How far away from SGT 111111111and the Iraqi were you? Could you clearly see both?.
\90-4 ; 1,(3)0,
Not asked
• Your statements just after the shooting said that the Iraqi lunged at SGT
but in your 29 Mar sworn statement, you recanted and stated that SGT
must have been turning the Iraqi, is that correct?

Not asked
• What brought on this change in perception?
Not asked
• You said, during the raid, that the adrenaline was rushing due to the pressure and stress, and you weren't perceiving things as they really were, is that correct?
Not asked
• You stated that "he moved out of your sight picture, and you reacted by shooting him". You consciously took your weapon off safe, and squeezed the trigger_ is that correct?
Not asked
• Explain what you perceived as the threat?
Not asked
• Explain your sworn statement made on 1 March 2004 when asked if at anytime you ever stated that you were going to kill an Iraqi. Your answer was "yes, but everyone talks like that." Explain.
Not asked
• Before the shooting, do you think that this is an appropriate comment from a professional soldier even when joking? Does everyone really talk like that?
N(21 asked
016674

DOD-039939

TAB F —1E0 Questions for Witnesses
Government:
SGT. HHC, 1-27 IN BN —
• What was the ROE guidance you received? That you gave to your soldiers?
Select targets, ID the enemy, . engage anyone fleeing area, CP1110— engage if Hostile Action/Hostile Intent
• Did you get confirmation of their understanding? From PFC Richmond?
Yes
• When did you receive the new guidance about detaining all Iraqi males attempting to leave the village?
—0700
• How many missions of this sort had you and Richmond been on together?
lst time (been on 10 missions before, but not in his charge)
• Would you say that you know him pretty well?
Didn't know him that well
• How would you describe PFC Richmond's performance as a soldier?
Didn't know him that well
• How would you describe his personality? Friendly, abrasive, impetuous?
Assigned around time of OPORD
• During the mission, did PFC Richmond appear to you to be (seem) unduly anxious or overly nervous? More than would be expected or usual of him or any other soldier?
No more than expected of any soldier in same circumstances
• When you approached the Iraqi, how was PFC Richmond acting? Agitated?
Relaxed, no different than of any soldier in same circumstances
• (dependent/optional) Did you do or say anything to calm him down?
Not asked
• You directed PFC Richmond on where to stand, and his weapons status, is that correct'?
Yes
• Was PFC Richmond responsive to your orders? Did you have to repeat yourself?
Yes
• Describe the expression on his face?
Really no change
• Did you do an initial search for weapons?
Yes
• Was PFC Richmond in a position to observe the search?
Yes
• 1-low often did you make eve contact with PFC. Richmond?
Aboui two times Ina( .1;1- knHir.,. or
PET Richmond ;.:ppear ii.) acknowlcci:!c your aclions!
Yes

• While attempting to put the flex-cull's on the detainee, did PFC Richmond seem io become increasingly agitated? Did he appear even more nervous? Fidgeting or shifti ng'; his stance more Irequen1ly? NO
016675

DOD-039940

TAB F — IO Questions for Witnesses
• , (dependent/optional) Did you attempt to calm him down?
Not asked
• What confirmation did you receive from PFC Richmond that you were about to move the detainee?
Nothing otherthan lowering his weapon and beginning to move forward
• How did PFC Richmond appear to react to this? Relaxed? Relieved? Or suddenly more tense? Nothing noticeable
• How were you directing the movements of the detainee?
Had him by the arm, could feel detainee's weight shift onto shoulder to gain balance
• Once you observed the accused begin to lower his weapon, how many steps had you taken before the shot was fired? We were fully turned and began walking, Iraqi's footing slipped or something, then shot was fired... not very far
• After the shooting, how did he react? Describe any facial expressions.
Face turned white, look of shock, really upset
• Did he seem convinced that his actions prevented harm from coming to you?
No
• Had you ever heard PFC Richmond joke about or seem anxious to shoot an Iraqi?
No
016676
DOD-039941
TAB F — I0 Questions for Witnesses
Defense: WITNESS DECLINED; NOT CALLED TO TESTIFY 40-1 CPT. , A Co., 1-27 IN BN —.
•
How would you describe PFC Richmond's performance as a soldier? 19 ( 49) OA

o Follow-ups on initiative, discipline, etc.

•
How would you describe SGT-1111111111performance an as NCO?

o Is he a dependable soldier and NCO?

o Were soldiers in his charge disciplined?

o Had you ever had any problems with him, or his team, executing your orders as directed?

o Up to this point, would you say that your intent and guidance had been routinely disseminated to the soldiers in his charge?

•
What was the ROE before the IED incident (the week prior to the mission in
question)?

•
After the IED incident, what additional ROE guidance was received?

o To shoot fleeing Iraqi males?

•
What time was the call about detaining all Iraqi males fleeing the village?

•
What was this based on?

•
Was the guidance to shoot or detain them?

016677
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TAB F — 1E0 Questions for Witnesses
Defense:
SPC. B/1-62 ADA —
• What was the ROE and Use of Force briefing you received prior to this mission?
Not asked, already covered
• Who briefed you on it?
Not asked, already covered
016678
DOD-039943
TAB F — I0 Questions for Witnesses
Defense:
.
.
PFC HHC, I -27 IN BN — 10 CO; loM _i
• How long have you known the accused?
Since Nov 2002
• How would you describe your relationship with the accused?
Know each other, spent some time together
• Were you on speaking terms?
Yes
• You mentioned in your statement dated 1 Mar, that on numerous occasions the accused had asked permission to shoot an Iraqi, how many times would that he?
Just BS'ing around, he is very outspoken, joking around
• (dependant/optional) If you two weren't on speaking terms, how did you witness these occasions?
Not asked
• What was the ROE and Use of Force briefing you received prior to this mission?
Brief by SGT11111111111at shooting fleeing Iraqis was authorized
• You also mentioned in your statement dated I Mar that you observed all three soldiers walking in line to the northwest, with one soldier pulling the detainee by the shirt, but you didn't observe the shooting, is that correct?
Yes
•
What span of time would you say elapsed between this particular observation, and

when you heard the shot?
A couple of seconds

•
As you scanned your sector of fire. you stated that you saw a soldier flex-cuffing_ the detainee. then at another time observed the soldier escorting the detainee back. How lona would you say they were walking_ before the shot was fired? How far (number of steps)?

2 -3 .seconds, a couple steps
All the preceding answers were summarized by the Investigating Officer during the formal hearing on 17 Apr 04. I swear that the information contained is accurate and in keeping with the verbal testimony and intent of the witness.
MA .I. SC

016679

DOD-039944

\0(0-7-1 1(-1)(c
I.O. (To accused-counsel): This is a formal i .ation into a certain ch :e(s) against ITC $dward L. Richmond Jr.ordered pursu.. tele 32(b), UCMJ, by COL On 5 April 2004, I informed you of yo right t e represented by civilian counsel at no
expense to the United States, military counsel of your own selection if reasonably available, or military counsel detailed by the Trial Defense Se ice. You informed me that you desired to be represented by CPT11111111 Trial Defense Services.
Let the record show that CPT— is here present with you.
I.O. (To accused-counsel): I want to remind you that my sole function as the article 32 investigating officer in this case is to determine thoroughly and impartially all of the relevant facts of this case, to weigh and evaluate those facts and determine the truth of the matters stated in the charges. I shall also consider the form of the charges and make a recommendation concerning the disposition of the charges that have been preferred against you. I will now read to you the charge, which I have been directed to investigate. (At this point, the defense may waive reading of the charge(s).) They are as follows:
The Charge: Violation of the UCMJ, Article 118.
SPECIFICATION: In that Private First Class (E3) Edward L. Richmond Jr., U.S. Army, did, at or near Taal Al Jal, Iraq, on or about 28 February 2004, murder

by means of shooting him in the head with a rifle.
I will now show you the charges and specifications. .b(6)—Lc 01)
I advise you that you do not have to make any statement re rding the offenses of which you are accused and that any statement you do make may be used s evidence against you in a trial by court-martial. You have the right to remain silent conce ng the offense with which you are charged. You may, however, make a statement either swo or unsworn and present anything you may desire, either in defense, extenuation, or mitigati • . If you do make a statement, whatever you say will be considered and weighed as idence by me just like the testimony of other witnesses.
You have previously been given a copy of the investigation file that has been compiled in your case. It contains (list all documents contained in the case file that will be considered). It is m intention to call as witnesses in this investi ation PFC SPC
After these witnesses have testified in response to my questions, you or your counsel will have the right to cross-examine them. You also have the right to call available witnesses for my examination and to produce other evidence in your behalf. I have arranged for the appearance of those witnesses previously requested by you. If you desire additional witnesses, I will help to arrange for their appearance or for the production of any available evidence relating to your case.
016630
DOD-039945
I.O. .accused-counsel): Before proceeding further I now ask you whether you have any questiohs concerning your right to remain silent, concerning the offenses of which you are accused, your right to make a statement either sworn or unsworn, the use that can be made of any statement you may make, your right to cross-examine witnesses against you, or your right to present anything you may desire in your own behalf and have me examine available witnesses by you either in defense, mitigation, or extenuation.
(Counsel-Accused): (Yes/no).
Note. At this point, answer any questions that the accused may have with respect to rights or as to procedural or other matters concerning the investigation. You should not proceed further until convinced that the accused understands these rights. If the accused is represented by counsel, however, the latter will generally indicate that he or she has explained these matters to the accused and that they are understood.
I.O.
(To accused-counsel): Do you want me to call any witnesses to testify in your defense or to testify in mitigation or extenuation on your behalf?

(Counsel-Accused): (Yes/no).

I.O.
(To accused-counsel): Do you want me to call any other witness(es) in this case for cross-examination? If so, provide name(s) and organization(s) or address(es). If you are aware of any military records that you want me to consider and that you have been unable to obtain, provide a list of these documents.

(Counsel-Accused): (Yes/no).
Oath for Witnesses
I.O. Do you swear that the evidence you shall give in the case now being investigated shall be the truth, the whole truth, and nothing but the truth, so help you God?
Affirmation
I.O. Do you affirm that the evidence you shall give in the case now being investigated shall be the truth, the whole truth, and nothing but the truth?
Oath for Interpreter
I.O. Do you (swear) (affirm) that in the case now being investigated you will interpret truly the testimony you are called upon to interpret (so help you God).
016631
DOD-039946
Introductory questions to witnesses
(Swear witness)
I.O.: State your full name, grade, organization, and branch of service.
WITNESS: (Complete response).
I.O.: Do you know the accused in this case?
WITNESS: (Yes/no).
Note. If the identification of the accused is not an essential part of the expected testimony of the witness, this question may be omitted. If the witness identifies the accused, the witness should noinially be asked to state the accused's name and organization if known. If the identity of the accused is particularly relevant in a case, and the identity of the accused as the perpetrator of the offense depends upon the ability of the witness to identify the accused, the accused's counsel may request that the witness be required to identify the accused from a nonsuggestive lineup of persons similar in appearance to the accused. This request should be granted whenever possible. Otherwise the ability of the witness to identify the accused as the offender may be based on the fact that the accused is the only person whose conduct is being investigated. In any event in this situation, you should inquire into the basis for the witness's identification of the accused.
Government Witness
You determine the order of questioning of all wtnesses and you may conduct the first questioning.
Note: If Government counsel is present, he or she may first examine Government witnesses, followed by cross-examination by the accused or defense counsel, then followed by questioning by you if further clarification is necessary.
* * * *.
*.* *.
* * * * * * *.
* * *.
*
Cross-Examination of Government Witness
Note. When you or Government counsel have completed an examination of a witness, you should advise the accused and counsel (if the accused is represented by counsel) substantially as follows:
I.O. (To accused-counsel): You may now cross-examine this witness concerning any of his/her testimony, any knowledge possessed of the offense(s), or concerning the witness's worthiness of belief Do you wish to cross-examine this witness?
016682

DOD-039947

(Counsel) (Accused): (Yes/no).
I.O. (to accused-counsel): Do you have any further questions you want this witness to answer?
(Counsel) (Accused): (Yes/no).
I.O.: The witness is excused.

Calling Defense Witnesses
I.O. (to accused-counsel): I have now called all witnesses I contemplate calling and have revealed to you all evidence I intend to consider in the preliminary portions of this investigation. As I have previously advised you, you may now present any evidence you desire. Do you have any witnesses to testify in your defense or in extenuation and mitigation? If so, I will call them at this time.
(Counsel) (Accused): (No/yes, with name(s) and address(es)).
Note. If witnesses are to be called to testify on the accused's behalf, you should advise the accused substantially as follows:
I.O. (to accused-counsel): You may question each of the witnesses who are to testify for you.
Note. If the accused is represented by counsel, you should assume that counsel will conduct the examination of the witness and present evidence in a planned procedure. The procedure for administering the oath (fig 3-3) and for introductory questioning of the witness set forth above should be followed for defense witnesses. After the accused or counsel has completed examination of the defense witness, or you have done so, you may cross-examine the witness.
Calling Additional Witnesses
Note. When all witnesses who were initially called have testified, you should determine whether other witnesses should be called in the interests of justice, fairness, and a complete investigation. In addition, inquire of the accused substantially as follows:
I.O. (to accused-counsel): (I do not intend to call any additional witnesses.) (I intend to call (name(s)) as additional witnesses.) (I am going to recall (narne(s)) for further questioning.) Are there any witnesses you want me to recall or are there any new witnesses?
(Counsel) (Accused): (No/yes, with name(s) and address(es)).
Explanation of Accused's Rights as a Witness
01668 3
DOD-039948
Note. After all the witnesses have testified and the accused or his counsel indicate that they have no further evidence to present, you should inquire of accused and counsel, if the accused has not previously made a statement, substantially as follows:
I.O. (to accused): Earlier in this investigation, I advised you of your rights to make a statement or to remain silent. Do you want me to repeat this advice? Do you desire to make a statement in any form?
(Counsel) (Accused): (Yes/no).
Real Evidence (Physical Objects)
I.O.
(To witness): This is a knife which I have designated as (exhibit number).
Note. The accused and counsel should be permitted to examine the exhibit at this point.

I.O.
(To witness): Do you recognize this knife?
WITNESS: (Yes/no). .

I.O.
How do you recognize it?
WITNESS: I recognize it by (witness describes how he or she recognizes the knife).

I.O.
When did you first see this knife?
WITNESS: I got my first look at the knife when I found it under the accused's bunk.

I.O.
(To accused-counsel after questioning the witness further as to the circumstances under which the knife was found, and after cross-examination, if any, of the witness): Do you have any objection to my considering this exhibit as evidence?

(Counsel) (Accused): (Yes, stating reason(s)/no).
Documentary Evidence Authenticated Official Record
I.O.
(to accused-counsel): I have SIMPERS document of (unit designation), for (inclusive dates), which I have designated (exhibit number). It appears to be certified as a true copy by (rank, name, organization, and duty position of authenticating official). I now hand you this exhibit for your examination.

I.O.
(to accused-counsel after permitting him to examine the document): Do you have any objection to my considering this exhibit as evidence?

01. 6684
DOD-039949
(Counsel) (Accused): (Yes, stating reason(s)/no).
I.O. (to both accused and counsel): I declare the taking of the evidence closed.
CLOSING
10 :
016635
DOD-039950
The Article 32 Investigation in the case of United States v. Private First Class Edward L.
Richmond Jr., Headquarters and Headquarters Company, 1 st Battalion, 27th Infantry, 2nd Brigade
Combat Team, 25 th Infantry Division (Light), Kirkuk, Iraq APO AE 09347-9998, was called to
order at 1205 hours on 17 April 2004.
PERSONS PRESENT
INVESTIGATING OFFICER. MAJ
GOVERNMENT COUNSEL. MAJ
CO-GOVERNMENT COUNSEL
DEFENSE COUNSEL.(0-1-1. 19(7)01 CPT
ACCUSED
PFC Edward L. Richmond Jr.
REPORTER

SPC
PERSONS ABSENT
None
The accused was represented by CPT . • f the United States Army TrialDefense Service, Region IX, FOB Danger Office, and was present. The Investigating Officer identified himself and stated he was appointed by Colone111111111under Article32(b), UCMJ.
The Investigating Officer stated that his sole function as the Investigating Officer was to determine thoroughly and impartially all the relevant facts of the case and to weigh and evaluate those facts and to determine the truth of the matter stated in the charges. The IO stated he would also consider the form of the charges and make a recommendation as to the disposition of the charges that have been preferred.
Investigating Officer reads the charge and specification to the accused.
The Charge: Violation of the UCMJ, Article 118.
SPECIFICATION: In that Private First Class (E3) Edward L. Richmond Jr., U.S. Army, did, at or near Taal Al Jal, Iraq, on or about 28 February 2004, murder .111111111111111py means of shooting him in the head with a rifle.
The accused acknowledges the charge and specification.
The Investigating Officer stated he intends to call the following witness:
SGT. HHC, 1/27th IN Bn, Mortars FOB Mchenry
SPC. HHC, 1/27th IN Bn, FOB Mchenry
SPC. C, 1/27th IN Bn, FOB Mchenry
016686
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DOD-039951

Government request for the investigating officer except the:
SF 95 dated 10 March 2004, for a e admitted as Exhibit 1.
PFC Edward L. Richmond's Sworn Statement date admitted as Exhibit 2. March 2004, at 1810, be

PFC Edward L. Richmond's Sworn Statement dated 29 March 2004, at 1419, be admitted as Exhibit 3. DA PAM 27-9, Paragraph 3-43-2, be admitted as Exhibit 4.
The Defense has no objection.
The Investigating Officer puts in the record that he accepts the government's request.
SGT Headquarters and Headquarters Company, I S` Battalion, 27 th

Infantry, Brigs e Combat Team,
2?Infantry Division (Light), Kirkuk, Iraq APO AE09347-9998. Was called as a witness for the prosecution, was sworn, and testified as follows:
QUESTIONS BY THE GOVERNMENT
I got to FOB Mchenry, too support HHC 1-27 th, about 9 February 2004. I am a fire direction
control chief I suppress calls for fire for battalion Mortars. I know PFC Richmond and he is in this room today. He is the gentleman to my left. I recall 28 February 2004. The night before the 28 th I was told by my platoon leader CPT .that I'll be going out on a missionthat morning at 0400. I got the OPORDER from CPT.pha Companies
Commander. Alpha Company was going to be doing a mission on a city to obtain some adult males that we had on our black list, who were known to be in the city and have weapons. Our part of the mission was that my squad would maintain a TCP on the north side of the city. In the OPORDER, I was given the order to conduct searches and if there were any males fleeing the village to shoot them, or put them down as CPT .
said. We were told if we found anything suspicious, weapons, or vehicles coming in and out the city, that we were to detain them. We got out there about 0530 in the morning. It was still dark at that time. Let me
backup a little after I came out the OPORDER I gathered up the guys in my squad that I was
supposed to be going on the mission with. I explained the mission from the notes I took at the OPORDER. I told them CPT -exact words on ROE, that if you saw any one running across the field you were supposed to shoot them. That didn't follow the ROE that my platoon usually gets, that my platoon leader Captain.. puts out, and I let my squad know that. And I said if anyone was to be shooting anyone today, if possible to let me know first before you shoot, especially if somebody was just trying to flee the field. And then I went on to let them know what the rest of the mission was. So the next morning about 0530 it was still dark outside and there's gun shots going off in the back ground. It was mainly shotguns going off on locked doors. You couldn't really see anything even with NODS. There was a wall around the village too. So you couldn't see well. Everything started to calm
016687
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DOD-039952

down. Then I got on the phone with Black 6, which is CPT .call sign. At that time Black 6 said over the net to everybody.•"Detain all males in the area". I wasn't sure if I was part of that because we were outside the city. I called in on the radio for clarification. Then he replied over the net rather firmly to "detain all males in the area". I saw the closest Iraqi male to me and turned to PFC Richmond's truck and said lets go. PFC1111111Wasked if he could come and I said no. Richmond grabbed some flexi cuff and started walking with me. I told Richmond that I would be flexi cuffing and he would be pulling security. We walked out to the individual about 200 hundred meters away from the truck. The individual began to get upset that we were coming to detain him. He knew we were going to detain him by the flexi cuffs in my hands. Richmond was at the low ready. With his muzzle pointed to the ground and I had mine slung. I raised my hand up when the guy noticed that we were coming for himto show him what I wanted him to do. The Iraqi put his hands up, but when I put my hands down he put his hands down like he didn't understand. I did a quick search of his arms and upper torso just to ensure there were no weapons. My intent was to detain him first then do a regular search on him. He was still upset not yelling but talking loudly. I told him to turn around by signaling with my hands. I started checking for weapons. I tried to take his left hand with my left hand to pull it down. He didn't want to, so he resisted with his hand. So I applied more pressured and he loosened his hand and I pulled it down. I had no problem with the right hand. He started to move hands and body back and forth so I couldn't put the flexi cuffs on. At that time I told Richmond to put his weapon up. I told Richmond to do that as a show of force. I wanted the guy to take it seriously. I wasn't sure if the Iraqi man had any other weapons on him. The man was still talking loudly and I didn't want the situation to escalate any more than it already had. So PFC Richmond put his weapon up. PFC Richmond was standing off to the right of the Iraqi man and to my right. He put his weapon up to the high ready. With the barrel of his weapon up and around the shoulder chest area.
I finally got the Iraqi man in flexi cuffs, I zipped it real fast and he relaxed. He stopped resisting. I looked at him over his left shoulder, gave him a pat on the back and looked at Richmond and the Iraqi and said "he's good let's go". I grabbed his left arm and pulled him and turned him and started walking towards our TCP.
We walked about two steps.
Then I heard a gun shot. It was real loud and painful. I never heard a M4 that loud. And I turned around and look at Richmond, his weapon was in one hand, pointed to the ground. He said something around the lines of "he came at you, he jumped at you". Then the Iraqi man fell to his knees and on to the ground. My first thought when r heard the shot was, we are being shot at.
Then I looked at Richmond and he told me that he thought he was jumping at me.
I notice that Richmond had a look on his face that I never saw Richmond have before, a look of shock, his face looked really pale and white. I was trying to think as fast as I could how I was going to handle this. At that time I notice everyone was looking at us and I waved over at the TCP and asked for one guy to come over. I knew I had to go over to the radio, but I didn't want to leave Richmond in the field by himself or the Iraqi man just laying there. At
016638 3
DOD-039953
19 (0-14 I. 121'4)0-1 that time PFC.came over to Richmond. I turned to Richmond and said "your okay
stay calm". I told.to stay with him and pull security. I called Black 6, CPT
OM. and told him that we had a civilian Killed in Action.
The gun shot struck the Iraqi, and it's safe to say the bullet caused the death of the Iraqi.
At no time did anyone in the group check the Iraqi, but if they did I didn't see them.
I didn't check the Iraqis body because even without me being a doctor, from my eyes I could

see he was obviously dead.
The TCP was about 200 meter from the village.
When I was putting the flex cuffs on the Iraqi man PFC Richmond's weapon was at the high

ready the butt stock was in his right shoulder, his left hand was on the grip in front and he
was looking over the sight I could see Richmond's eyes. It was a M4 weapon with a 68
scope.
When I said "lets go" I saw Richmond lower his weapon and start to walk with us.

I didn't see PFC Richmond looking through his scope of his M4 at any time.
When the shot went off he was about 3 meters away and his weapon was about arms length
away from me.

The Iraqi man's head was about 12 inches from mine when the shoot went off. I turned to walk with the Iraqi about my second step he lost his balance and leaned into me. His ankle rolled. He didn't fall down but I supported his weight and pushed him back up. QUESTIONS BY THE INVESTIGATING OFFICER The man was fully turn and walking with me when he stumbles.
QUESTIONS BY THE GOVERNMENT
I was behind the Iraqi maybe off to the left a little and Richmond was to the side of both of us to the right.
Richmond had a view of the flexi cuffs and in my opinion he saw the flexi cuff being put on. QUESTIONS BY THE DEFENSE
6evurP_
The Iraq man was wearing a flannel shirt I think it was black and red and he had dark pants. I don't recall any kind of scarf or field equipment. When I was putting the flexi cuffs on, his arm was behind him. I don't recall a scarf. I was looking at Mr.111111back and PFC
016639
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DOD-039954

0-\; b)(0-1 (at)
Richmond was facing loth of us. He could see both my hands and the flexi cuffs being placed on Min from where he was standing. My reason for believing this is he was standing to the right side of both of us with a clear view. When the Iraqi man was talking loudly it sounded like this (SGT Illar makes example by raising his voice different levels). I spoke at a normal tone of voice. Mr. .was not being cooperative. I had my weapon where Mr.IIII could see. Mr11111 did not put his hands where I wanted him to, and I struggled to put the flex cuffs on him. I did not speak to Mr/a while I was cuffing him. The altercation from the time Mr .put his hands up to the moment he was shot was about three to five minutes. Mr .struggled with his left arm and right hand, so I put my hand on Mr.gallishoulder and my other hand on his wrist and forced his left arm behind his back. At that point he gave me his right hand. Up to this time PFC Richmond had done everything I asked of him. I told PFC Richmond to put his weapon up and go to the "high ready" position, which is where you have your weapon at the highest point of readiness, and you have your eye on the target without looking through the scope. When the individual who is holding the weapon feels he is in danger they can elevate their position from high ready. We don't go by a color coded weapon status. As soon as we leave our FOB we are locked and loaded. PFC Richmond, who is 20 or 21 years old, does not speak Arabic. I have worked with him in the unit for 1 year. I don't know how his performance has been. I've never been on a detail with PFC Richmond. My job is not really to interact with the soldiers. The week before I went on a mission with PFC Richmond but he wasn't in my squad. What stands out in my mind the most about those missions is that we received a few pot-shots on one, and we encountered an IED on another. There was one KIA that week. I killed an Iraqi woman on the same mission we encountered an IED. Our battalion commander tightened the ROE. We had to positively identify our target before we could engage. After the KIA that week the ROE changed so that we were not to engage anyone without them engaging us. During that week we were also trained to take an aimed shot and not spray our weapon randomly. I have been trained in ROE. A hostile act is an act of violence or intended violence against me, my soldiers or any military personnel. A hostile intent is the intent to perform a hostile act. Pointing a weapon would be a hostile intent. But throwing a rock would not be a hostile intent. The soldier decides what a hostile intent and hostile act is. I grabbed Mr.per left bicep with my right hand and I turned away from PFC Richmond and so did Mr. .and neither of us had a view of PFC Richmond. After the shot was fired PFC Richmond told me that Mr.. jumped at me, and I did not have a response. I just told PFC Richmond to stay calm. I had a reason to doubt PFC Richmond because Mr.11111Bdid not jump at me. When Mr.111111rwas resisting I told him
to put his weapon up.
No I didn't say "shoot him if he flicking moves." And if other soldiers tell you that I said that yes their lying.
CPT agavea verbal OPORDER. I gave the CPT.ROE brief and combined some of our platoons ROE briefing. For example CPT .OE briefingtold us to shoot anyone fleeing the village, CPT .briefing told us to shoot only when there is hostile act or hostile intent. So I told them if any one is flee the village to tell me and I would be the deciding factor. I didn't go to anyone to receive clarification on the CPT IIIIINIROE and CFLCC ROE. I told my soldiers not to fire warning shots. I indicated
016690
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DOD-039955

( (0)1 ; 19 1)O 1 (0 1,()
that if an Iraqi is not aiming a weapon at me but at one of my teammates that's hostile intent. I could see MAW the same time while having a hold of him. I never gave statements that I could not see MIER (SG-11111111111draws two diagrams of Mr.d himself before and during the shooting). There was never a point I could not see Mr 1 I pulled Mr.11111 to my side, but I did not turn my back on Mr .However I did not have a clear view of PFC Richmond at the time.
I was never told ROE didn't apply. ROE always applies m IRAQ. There never a game off
when in IRAQ regarding the ROE.
Article 32 Investigation Officer explains the difference between the CFLCC and CJTF7 while the Defense shows SGT .a picture of MREIllying on the floor.
Mr-is lying on the Floor.
I signaled for SPCA"... I was walking away to me SPCA.. at that point PFC
Richmond was to my left rear and he was still in my Peripheral vision.
QUESTIONS BY THE INVESTIGATING OFFICER
I had seven soldiers present for my brief and all soldiers confirm that they understood the brief I gave.
CP11111111dded the "flee" part to our old ROE. I told my soldiers to contact me first before you go forth with that part of the OPORDER
I've been on no mission previously with PFC Richmond in my squad. But I've done ten missions with him in the element that was conducting the mission, but he was not in my charge until this mission. I don't know him personally, I just know him because he was in my platoon.
He was put in my Charge that night for the first time by CPTllinstructions. We were down a man so we needed PFC Richmond to stand in.
He did not seem nervous about the mission. He had the normal level of attention. PFC Richmond was willing to go out to detain the individual when I asked. No problem and wasn't over anxious. I pointed to where I wanted Richmond to stand. We go over detaining individuals all the time in my platoon.
When he was pulling security he looked the same.
Richmond was observing while I was conducting the initial search the whole time. I probably made eye contact with Richmond a few times while conducting the search. I asked him to raise the weapon he raised it. While the Iraq was struggling PFC Richmond didn't become anymore agitated during me flexi cuffing Mrilliirom what I observed.
016691
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DOD-039956
I looked at PFC Richmond when I said "he's good let's go". He showed signs that he
acknowledged and understood what I said by putting his weapon down and beginning to
walk with us. He didn't say anything to confirm, but I saw him start to move forward.
I maintained physical control of the Iraqi by holding his left arm with my right hand. He was
requiring my body for balance.
After the shot PFC Richmond had a pale look on his face.
QUESTION BY THE GOVERNMENT
This is a photo Graph of Mr..") Yes he had a scarf on the photo refreshes my recollection. Government admits photo as exhibit 5 . (,6)-L.b0 (C).(61 The Iraqi didn't show any signs of fleeing The scarf did not get in the way of me applying the flexi cuff. I didn't even notice it.
QUESTION BY THE DEFENSE We left FOB Mchenry at 0400. We met at 0345. The convoy took a half hour to get to the village. Briefing was at 2200 the night before.
Nothing Further.
Neither side nor the Investigating Officer having any further questions, the witness was duly warned and temporally excused.
RIC Richard D. .Headquarters and Headquarters Company, rBattalion, 27 th Infantry, 2 nd Briga e ombat Team, 25 th Infantry Division (Light), Kirkuk, Iraq APO AE 09347-9998. Was called as a witness for the defense, was sworn, and testified as follows:
QUESTIONS BY THE DEFENSE
I know PFC Richmond from my platoon and my squad members before I came to Iraq.
I've been through ROE training with Richmond and I received two ROE cards one here and one back at Schofield. When I got here to Iraq my squad leader SPIIIIIIIgave me one.
I received the ROE briefing from SGTFIRIpn 27 February 2004. The thing I remember most about it was that SG1111111tol us t at we were authorized by CP 111111111110
016692
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DOD-039957
shoot anyone fleeing the village. The other ROE told me don't shoot anyone unless they are
a direct threat. And that you are supposed to use commonsense in the ROE. I decided what is
commonsense.
1)
I didn't hear SGT .say shoot anything that moves. 190 -111 1,)0(c)-ii
He told us the ROE that was given for our mission. And I did not doubt the ROE for that
mission because I didn't know what higher knew about that mission.
I received a briefing about the incident the day we got back that we were not to talk about the
events that happen with anybody. Then we also had a briefing with the chaplain, SGM and
the Battalion commander and he said that we screwed up as a team, but we are okay in his
book. PFC Richmond was present for all our briefings. We also got spoken to by the platoon
SGT's.
I was manning a traffic control point. And I didn't see PFC Richmond shoot M.I heard the shot. I saw the two soldiers stanidiaithat point. I remember once the guy was was had the Iraq in positive control.
flexi cuffed one of them which w SGT .
(SPirl II)roceed to draw a visual depiction of the distance between PFC Richmond, ''' andd SAME
PFC Richmond looked like he was a couple feet behind SG1111111nd Mr.111111P
It appeared that SGT011avas looking toward the direction he was walking.
The Iraqi was probably wearing a head dress but I really don't remember if I saw anything on his head.
Me and the other soldiers talked about the changes in the ROE before the mission. SPAM said that he didn't want to go because this completely contradicted the previous ROE that we've been taught. SPC .also said that if something like an Iraqi flees the field and he shoots them really happened he could get in trouble.
PFC Richmond I believe was in that conversation.
We met at the vehicle I think about 0230. And the brief was about 1030 the other night. I went to bed that night right after the OPORDER brief.
QUESTIONS BY THE GOVERNMENT
Base on everything around me that morning the shot that killed AM didn't know where it came from. I was confused about the whole situation especially when I saw the Iraqi drop.
No, I didn't see a weapon in Mr.111110hands.
016693 8
DOD-039958

QUESTION BY THE INVESTIGATING OFFICER
I've know Richmond since November 2002. We mostly known each other through work, we went out a couple of time had a few laughs.
Before we deployed Richmond said a couple of times that he wanted a bayonet kill. But we
all kind of had that type of mind frame but Richmond was the most out spoken about it. I
wasn't taken count but there was a joke said that day of the incident. There was a little kid
walking by with some sheep. And PFC Richmond said "There's a kid walking by, he's got
sheep, can I shoot him." It was a joke that I thought was funny so I laughed.
There was a matter of seconds between the time I saw them walking and I turned my head to
stop a vehicle approaching then I heard a shot.
QUESTIONS BY THE DEFENSE
PFC Richmond is outspoken and has a lot of friend and he's kind of a jokester kind of loud.
We did PT together.
I've been to SGT .living quarters and I've never heard of him keeping track of how
many people he killed. heard that SGT .was having a hard time dealing with the
incident the week before when he shot that
I've never seen a piece of 5 50 cord filled with knots around his bed. We all have a curiosity, what it would be like to kill an Iraqi. I use to joke about shooting someone back at Schofield. I used too say I bet I get the first confirmed kill, because I'm the SAW gunner, I lay out the suppressive fire, I spray everywhere. We stopped joking about that because we always get attacked so we don't joke about it anymore because its very hostile and very realistic everyday stuff.
Nothing Further.
Neither side nor the Investigating Officer having any further questions, the witness was duly warned and temporally excused.
The Article 32 Investigation recessed at 1325 hours, 17 April 2004 and reconvened at 1332
hours, 17 April 2004.
SPC. Headquarters and Headquarters Company, is' Battalion, 27 th
Infantry, 2 Brigade Combat Team, 25 th Infantry Division (Light), Kirkuk, Iraq APO AE
09347-9998. Was recalled as a witness for the defense, and was sworn, and testified as follows:
016694
9
DOD-039959
QUESTIONS BY THE DEFENSE

Battalion commander gave a brief at about 1100 at night. The same day of the incident, the
briefing was given in a tent right next to our connex on FOB Mchenry. The Battalion
Commander is uscusand yes he does live at FOB Mchenry. I was trying to get some
sleep when I was informed of the briefing. Our squad leaders told us that at some point the
LTC would want to talk to us.
We got attacked and about 5 minutes or so later the Iraqi was killed I think.
Another CPT I didn't know his name, but he said over the radio to detain all males in the
village.
I wrote a sworn statement that day of the incident my squad leaders told me to write it but my squad leaders never collected it.
It was not odd that the Battalion Commander decided to brief us on that night. We were
released after the briefing.
QUESTIONS BY THE GOVERNMENT
Yes, this was after the IED incident.
Nothing Further.
Neither side nor the Investigating Officer having any further questions, the witness was dulywarned and temporally excused.
SPC. Headquarters and Headquarters Company, is' Battalion, 27 th Infantry, rd Brigade Combat Team, 25th Infantry Division (Light), Kirkuk, Iraq APO AE 09347-9998. Was called as a witness for the defense, was sworn, and testified as follows:
QUESTIONS BY THE DEFENSE
I don't know PFC Richmond. I never had previous contact with him before that day. I was given a ROE briefing that day. I remember the ROE briefing that day and one thing that was added is that it's a high priority target containing the people on the black list so shoot people fleeing the area. I knew we would be facing danger from Iraqi's turning on us and that thought process between the troops.
This mission was different from other mission. SG 'AD.old me before I engage a target to get the okay from him. If SGTIMI is being shot at can fire on them it would be a natural response. The only rules I know is if you're being fired on fire back. If a vehicle is
016695
10

DOD-039960
speeding up from behind, you can disable the vehicle. Myself and SGT .communicate through CVC radios all the time.
.
Nothing Further. 19(0--1 ; b ()01 (,,LN
Neither side nor the Investigating Officer having any further questions, the witness was duly warned and temporally excused.
Investigating Officer ask Private Richmond if he would answer some questions from him.
The defense agrees under the condition that subject to objection on a question to question basis PFC Richmond will respond.
The government request that if the Investigating Officer ask question, can the government cross.
The Defense states that PFC Richmond will only answer questions from the Investigating Officer not the government.
The Investigating Officer recess the proceedings to consult with his Legal Advisor at 1400 hours, 17 April 2004 and reconvened at 1410 hours, 17 April 2004.
PFC Edward L. Richmond Jr., Headquarters and Headquarters Company, 1" Battalion, 27th Infantry, 2 nd Brigade Combat Team, 25 4 Infantry Division (Light), Kirkuk, Iraq APO AE 09347-9998. Was called by the Investigating Officer to make an unsworn statement, and testified as follows:
QUESTION BY THE INVESTIGATING OFFICER
I've been in Iraq for 2 months. I've been with the Wolfhounds the whole time. I've been on ten TCP missions with the Wolfhound since I've been in Iraq.
I've detained 2 individuals previously before 28 February 2004.
On my sworn statement dated 29 March 2004, I clarified my testim n from my previous sworn statements. Originally I said that the Iraqi had lunged at SG .And in the latest sworn statement I state that SGT Mk was turning the victim. That was derived from my further understanding of the facts, reading statements, hearing testimonies and hearing everything. That was not what I thought or knew at the time. During the incident, the adrenalin and the stress was affecting my perception. I wouldn't say that was everything in the si tion the way I saw it. The reason I shot him was because this guy was jumping at SGTi that's why I shot him.
Looking back on the statement now I think it appears somewhat misleading. I quote "I had to know he had on flexi cuffs before I shot him but it just didn't register in my mind at the time", that can be misinterpreted. The way I meant that to sound. I had to know
016696
11
DOD-039961
this information to be able to deal with the situation to address the situation properly. In order for me to deal with a detainee tripping and falling I would have to know that he was detained and flexi cuffed. By me saying I did not know, I could not take everything into consideration, being that I did not know these facts at this time it was like a split second decision. The Iraqi's back was facing me but I didn't see his arms or his hands.
The reason for that was the way I was facing him, I was facing the front right of the person and SGT IIIIII and the ersons hands were out of my sight pictures because I could see the guys chest. Once SGT.told me to raise my weapon to the guys head if he moves fucking shoot him. That's were I was looking at, his head. I was very close to him about 3 feet and all I could see was his head. And when he turned around swiftly I just didn't see it. I didn't hear SGT... say "he's good to go" or anything of that nature. I made eye contact with SGT.. when he was putting on the flexi cuffs.
When SGT.noticed the guy was resisting. He basically looked at me and said "put your fucking weapon on his head, if he flicking moves shoot him" SGT .was
screaming at me so that's what I did.
-. (,?) (c)-
Nothing Further..
The Defense requested that the Investigation Officer admit a newspaper article from the 5 March 2004 Stars and Strips.
The government objects to this article being admitted. Government states that this Article is post both incident and has absolute nothing to do with the purpose of this investigation.
The investigation Officer agrees with the government after reviewing the article. The investigating officer declines the article to be admitted into evidence. The basis of the investigating officer's decision was he sees no relevance to this Article.
Closing statements were given by the Government and the Defense.
The Article 32 Investigation adjourned at 1505 hours, 17 April 2003.
016697
12
DOD-039962
I certify that this is a true and accurate summarization of the testimony heard during the Article 32 Investigation in the case of U.S. v PFC Edward L. Richmond Jr.
MAJ, SC Investigating Officer
016693
13
DOD-039963
PRE TRIAL ALLIED PAPERS

016699
DOD-039964
DEPARTMENT OF THE ARMY
286th MILITARY POLICE DETACHMENT (CID)
22nd MILITARY POLICE BATTALION, 3rd MILITARY POLICE GROUP
UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND
APO AE 09392

CIRB-KAW. 30 April 2004
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: CID Interim Report — 0040-04-CID469-79638-5H1A/5M3/9G1
DATES/TIMES/LOCATIONS OF OCCURRENCES:
1.
28 FEB 2004/0855;GRID COORDINATE 38S LE825101, TAAL AL JAL, IRAQ

2.
1 MAR 2004/1810/29 MAR 2004/1419; FOB WARRIOR, KIRKUK, IRAQ

-"J.(1-)(c-)
DATE/TIME REPORTED: 28 FEB 04, 1800
INVESTIGATED BY: SA.5922, SA. 55933 .120-W-5--
SUBJECT: 1. RICHMOND, EDWARD LYNN; PFC,.7 JUL 83; BATON ROUGE, LA; M; WHITE; HEADQUARTERS AND HEADQUARTERS COMPANY (HHC), 1/27 IN BN, 25TH ID (HOME BASE: SCHOFIELD BKS, HI), FORWARD OPERATING BASE (FOB) MCHENRY, IRAQ, APO AE 09347; CT; [MURDER][FALSE OFFICIAL STATEMENT]
VICTIM: 1.. LOCAL IRAQI NATIONAL, TAAL AL JAL, IRAQ; ZZ; (NFI); [MURDER] .
12(0)-1
2. U.S. GOVERNMENT; [FALSE OFF IAL STATEMENT]
INVESTIGATIVE SUMMARY:
This is an "Operation Iraqi Freedom" investi tion.
This office was notified by the Staff Judge dvocate (SJA), 4 th Infantry Division, Camp Iron Horse, Tikrit, Iraq, APO AE 09323, of a so dier who shot and killed a local national who was flexi cuffed.
Investigation established probable cause tip believe PFC RICHMOND committed the offense of Murder when he shot and killed.while he was flexi cuffed and detained by unit personnel following a cordon and search in Taal Al Jal, Iraq.
016700
FOR OFFICIAL USE ONLY
DOD-039965

Further, investigation established probable cause to believe PFC RICHMOND committed the offense of False Official Statement when he knowingly provided a false written statement to this office, which stated he (PFC RICHMOND) did not know MAIO was flexi cuffed when he shot him.
1140-11 1 19t3) (0-1
STATUTES:
Article 118, UCMJ: Murder Article 107, UCMJ: False Official Statement
EXHIBITS/SUBSTANTIATION: 9tf2)-I; il(3)6)-1 Attached:
1. Agent's Investigation Report (AIR) of S .5 M 4, detailing Basis for
Investigation; unit coordination; witness interviews of CPT .SP PFC SPC.CPL.SPC and SGT subject interview of PFC RICHMOND; collection of evide .and coordination
1. (7-) ec)-
2.
Serious Incident Report, dated 28 Feb 04 and bearing SIR number 4ID04052.

3.
15-6 investigation packet containing the stateents containing the statements

11.11111,DA form 3881 and statement of SGT .statement of CP
DA form 3881 and statement of PFC RICHMOND; statement 2LT
statement of PFC RICHMOND; Handwritten statement of SG

(0 -k,'
4. Photographic packet depicting the crime scene comprised of 8 photos. 12( -;-)(c --(f
(0
5.
Compact Disc containing all photographic images of the originals of Exhibit 4 (USACRC
Copy only).

6.
Sworn Statement of SPC .1 Mar 04, detailing his knowledge of this incident.

7.
Sworn Statement of PFAU'''. 1 Mar 04, detailing his knowledge of this incident.

8.
Sworn Statement of PFC 1.111.111 1 Mar 04, detailing his knowledge of this incident.

9.
Sworn Statement of SPC MEM 1 Mar 04, detailing his knowledge of this incident. 10.Sworn Statement of CPA.. 1 Mar 04, detailing his knowledge of this incident. 11.Sworn Statement of SPC .1 Mar 04, detailing his knowledge of this incident. 12.Sworn Statement of SGT.= 1 Mar 04, detailing his knowledge of this incident.

FOR OFFICIAL USE ONLY . 016701
DOD-039966
13.DA form 3881, Rights Warning Waiver Certificate and DA form 2823, Sworn Statement of
PFC RICHMOND, dated 1 Mar 04, wherein; PFC RICHMOND admitted to killing Mr 1.10
an Iraqi National, however, PFC RICHMOND denied he knew MrIIIIIMwas flexi cuffed at
the time of the shooting.

14.DA form 2823, Sworn Statement of SGT SIM 1 Mar 04, detailing what he witnessed
and observed during this incident. . 61,6

l; 1.; N (6).(ct
15. Waiver Certificate and Sworn Statement of PFC RICHMOND, 29 Mar 04, wherein; PFC
RICHMOND admitted he killed Mr .- knowing he was flexi cuffed at the time of the
shooting.

16.AIR of SAIII.16 Apr 04, detailing the re-interview of PFC RICHMOND and
coordination with the SJA and unit commander.

17.Polygraph Examination Report pertaining to PFC RICHMOND, 30 Mar 04.
18.DA Form 4137, Evidence/Property Custody Document, 8 Nov 03, voucher #252-04.
Not Attached:
Retained in the files of the evidence depository, 22' d Military Police Battalion (CID), Baghdad
International Airport, Baghdad, Iraq:

19. M-4 Rifle bearing serial number W055444 (PFC RICHMOND), Voucher #252-04
Retained in the files of the U.S. Army Crime Records Center (USACRC), Fort Belvoir, VA:
20.
Polygraph authorization (PFC RICHMOND), 29 Mar 04.

21.
Polygraph examination statement of consent (PFC RICHMOND), 29 Mar 04.

22.
Seven polygraph charts (PFC RICHMOND), 29 Mar 04.

The originals of Exhibits 1 through 16 are forwarded with the USACRC copy of this report. The original of Exhibit 17 is maintained in the files of the United States Army Crime Records Center (UDACRC). The original of Exhibit 18 is maintained in the files of the 22 nd Military Police Battalion (CID), Baghdad International Airport, Baghdad, Iraq.
STATUS: This is a Final "C" Report. This investigation is being terminated in accordance with Section V, paragraph 4-17(6), CIDR 195-1, in that the Special Agent in Charge has determined that furtherance of this investigation would be of little or no value and that leads remaining to be developed are not stil
l Remaining leads include additional canvass interviews and full identification of Mr.Commander's Report of Action (DA Form 4833) is pending.
016702
FOR OFFICIAL USE ONLY
DOD-039967
Report Prepared By: . Report Approved By:
0 1,6)-1
¦,(3-)((-)H

19(6)--1 ;.(1)(0-1
Special Agent, 5922. Special Agent-in-Charge
DISTRIBUTION:
1- USACRC (original) 1-CDR, HHC, 1/27 IN BN, 25 th ID 1-THRU: CDR, 22ND MP BN (CID), BIAP, IZ
THRU: CDR, 3rd MP Group (CM), ATTN: OPS, Ft Gillem, GA
TO: HQUSACIDC, ATTN: CIOP-COP-CO, Fort Belvoir, VA 22060-5505 (email only) 1-Director, Armed Forces Institute of Pathology, Attn: Armed Forces Medical Examiner, 1413 Research Blvd, Annex Building 102, Rockville, MD 20850 (w/exhibits) 1-PMO, 1 st ID (email only) 1-PMO, CJTF-7 (email onl
10-2_.I ) (C) --2_
1- SJA, 1 st ID (Attn: M. 1-Chief of Staff, 1 st ID 1-File
FOR OFFICIAL USE ONLY . 016703
DOD-039968
11f 5
.. SWORNSTATEMENT .f„.,-f.f.
Far use
thia.a AR 1 9046; the ProFOnenestrit* W0flice of The duty Chief of Sie f for Personnel.
• ..f ' f
LOCATION
50A-946a, 2S by Ace DATEfTIMEfFILENtI11,18ER
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LAST NAME, FIRST NAME, MIDDLE NAME."'

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, SOCIAL SECURITY NUMBERfGRADE/STATUS Pre-/ 6 -3
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EXHIBIT fINITIALS OF PERSON MAKING STATEMENT
PPF I OF.PAGE;
ADDITIONAL -AGES MUST CONTAIN TH DING "STATEMENT OF.TAKEN AT.DATED.CrwriAll ren
4r17-TnA,I elC CA I,J. • • • • •••..

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19(6)-11
016704
DOD-039969

FILE NUMBER:, Mil 6 -Ct-tro1/4 f -7161$
,
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CONTINUED
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016705
DOD-039970

*-4f1 -.... )NUMBER: 0 Om° -OM • trioqi -79 3 TAKEN AT 3341 2-114-Ti. 23 'DATED /014420 CONTINUED:
•

AFFIDAVIT
I . HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1f AGE . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME . THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONSAND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUC
WITNESSES: erson Making Statement)
Subscribed and sworn to before me, a person authorized by law
f to administer oaths, this fday of ris
f at 31 Or I INCr. ZS *A"
ORGANIZATION OR ADDRESS

n Administering Oath)
.54 ype ministering Oath!ORGANIZATION OR ADDRESS
cit-A •11" V.t °C-
(Authority To Administer Oaths)
016706
Air', I ,o ri 75.f-
DOD-039971

DATA REQUIRED BY PRIVACY ACT . , .
AUTHORITY: Tide 10, 1hdted States Code Section 3012 (g) ROUTINE USES: Your social security number and other personal informed Are used as an additional/alternate means of identificatic to facilitate and retrieval.
PRINCIPAL PURPOSE To provide commanders and law enforcement officials with DISCLOSURE: Disclosure of your social security # is voluntary mans by which infonmtion may be accurately identified.
2. Action Cod= 3. Date:
c,
Graddlitik:
PSL
19. POB Zip:
30 Marie
TV\
tary:
31. MOS: 36. Spouse Military BBranch
Yes: . No: .
I
37. Alias/Nicknames: 38. Alias/Nicknames: 39. Alias/Nicknames:
41. Unit Phone Number: Home: Cell/Pager.
45. State: 46. Country. 47. Zip Code/APO
48. Home Address: 49. City: 50. State: 51. Country: 52. Zip Code/APO:
54. Family Rd: 55. Last Name: 56. First Name: 57. Middle Name:
58. Social Security: 59. Grade/Rank: 60. MC: Unit:
62. City: 63. State: 64. ZIP/APO: 65. Phone:
-
66. Offense Code: 67. UFC: 68. Offense Code: 70. Offense Code: 72. Offense Codc: ' 7; I
P.!":"4,
Telephone: ETS: PCS/DEROS: Date /Time Interview START:
Date: Time:
Place of Interview: Darn / Time Interview END:
Date: Time:
Disposition:

74. Category: 75. Type: 76. Recovered: 77. Value: 78. Insurer: Policy:
Yes: . No: D

81. Model: 82. Vehicle Style: 83. 11 of Doors: 84. Color. 85. Size SUV 2 Mid size
86. V.1N:
87. License Plate: 88, State: 89. DOD Decal Number:
NOTES:
0 ,C;PO
Ogi`ticil I tUri ody
016707
DOD-039972

v, SWORN STATEMENT
`.....,'
For use of this form sae AR 190.45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 6 USC Section 2961:E.0. 9397 dated November 22, 1943 ISSN).
p"'"141. AL PURPOSE: To provide commaiders and law enforcemmt officials with means by which information may be accurately identified.
fE USES: Your social security number is used as an additionaUaltemate means of identification to facilitate filing and retrieval.
's*..,‘OSURE: Disclosure of your social security number is voluntary.
1.
LOCA TION

2.
DATE IMYMM1701 3. TIME 4. FILE NUMBER FOB McHENRY. HUWAYJAH, IRAQ 2004/02/28 1615

NAM E NAME B. SSN
7. GRADEISTA TUS CPT/CDR
8. ORGANIZATION OR ADDRESS
Aco, 1-27IN(L), 2nd BCT, 25th I.D. (L), Schofield, Barracks, HI.

9.
1, CPT
WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

I//( 0 -Lf; Li-X0 -4(
On DTG 280530FEB04 Aco, 1-27IN(L) and attachments conducted an early morning raid on the village of Tel Hussein LE
82551100 IOT capture specified High Value Targets (HVT's) and then search for enemy caches in the area. The Company had six
target houses to seize and search for HVT's in the village. The village only had one North/South road which ran through the conte
of town. The plan was for two platoon to to attack simultaneously from the North and South each seizing three buildings and usint, blocking positions to prevent vehicle escape during the raid. The Northern Blocking position (BP) was established by a section of AT attached to 2nd platoon. The southern BP was established by an advenger and battalion mortar squad attached to the 1st platoon. The BP's were in position by 0530hrs and I gave the word for the platoon's to initiate the seizure of their buildings. 2nd platoon seized HVT buildings 1, 2 & 3. 1st platoon seized 4 & 5 and realized from the informant that there was no building six.All five building were seized by 0615. 2nd platoon had seized three of the five HVT's that were targeted. They seized an HVT in each house targeted. The HVT in house number three was captured as lie tried to escape out of the back of his house and ran into
the squad blocking oft the rear entrance. 1st platoon did not have any HVT's in their building's. The HVT for building four was
reported to be in Muse! by his family. After the building's were seized the platoons began a detailed search of the HVT's houses
for weapon cashes. 2nd platoon found an AK-47 hiding in the HVT #1 barn. 1st Platoon found a cache in a hay stack in a barn
which included an AK-47 and a 1944 german Mauser. Both weapons included ammunition and magazine for the AK. They tracedthe barn to an owner of another house that was not on the HVT list. I ordered it to be searched. The female of the house stated that the male subject fled the house when we found the weapons. We had photo ID seized from the house so I ordered the platoons to
P. '... . all adult males so that we could find the individual who belonged to the photo and weapons. We never found the men whoit the photo I.D.'s.
pile the search was being conducted the southern cordon reported that they had killed one enemy personnel at the southernBK-I called back and asked if the enemy personnel was armed and the radio message said "no and he was flexed cuffed when he was shot." I immediately called my ISG and he followed me with a medic from 1st platoon to the southern BP. Upon our arrival we w ' ected to the East of the BP approximately three hundred meters to an open farm field. When we arrived I met
SGT and PFC Richmond from the battalion mortar's who were part of the southern BP. I immediately noticed that the n e sur s dead from the exit wound out of his forehead. At that location was a male subject who was face up with his hands behind his. hack. The head was facing to the north. I immediately asked the NCO who shot the male subject. He stated PFC Richmond shot him after I flexed cuff the individual. I then ordered the I SG to disarm PFC Richmond and remove all weapons from his person. I then separated the NCO and soldier so that they could not speak to one another. I then called for my vehicle to come to my location with the company XO and a digital camera. Upon the arrival I directed my XO to get witness statements from the two soldiers involved in the shooting. I then directed for the body to be photo graphed as it was found. After they took picture• of the body and shell casing from the M4 I directed them to turn over the body. When the body was turn over you could see both
arms were securely flexed cuffed with white flex cuffs behind the male subject's body. I then directed the XO to take photo's of tl • back of the body and the hands as it lay on the ground. Once that was complete I called the FOB and submitted a situation report mission and the shooting and requ le battalion CDR, XO or S3 come to the incident site. The battalion CSM esponded to the scene with CPT the assistant AS3.
n e we waited fro the CSM to Arrive rea le two individual their rights and then question each one individually. I recorded all questions and answers by each soldiers and turned that into the CSM along with their witness statements for further investigation. We then put the subject into a body bag and I ordered the flex cuffs to be removed from the body before it was turned over to the ICDC or police in Huwayjah. The CSM secured the two soldiers involved in the shooting and the body and returned to the FOB. Upon completion of that mission I then ordered each platoon to move to their next mission which was to raid two separate residences in two different location's looking for an HVT. Both houses failed to turn up the HVT. The platoons then returned to the FOB and conducted AAR and written reports along with photo's of the days missions and turned them into the
battalion S3 and S2 for analysis. Nothing else follows. SWC
10. EXHIBIT 11. INITIAL G STATEMENT 1 PAGE 1 OF I Ar_.._. _ PAGES
r . .WAL PAGES MUST CONTAIN THE HEADING -STATEMENT OF TAKEN Ar DATED

,iTOM OF EACH 4001170N/11 PAGE MUST BEAN THE INITIALS OF THE PERSON MAKING' 7NE STATEMENT, AND PAGE NUMBER MUST BE BE INDICATED.
DA FORM 2823, DEC 1998 DA FORM 2823, JUL 72,1S OBSOLETE OSAPA V1.00
ft5itti‘a'a I al-c. 411
01673(3

DOD-039973

Uti.V -V 4-‘41-# 401 1.70/7/
STATEMENT OFfCPTf TAKEN ATfFOB McHenry fDATED 2004/02/28
9. STATEMENT Oakum°
NOTHING ELSE FOLLOWS'''.

(6,)
gaga 41001,
• AFFIDAVIT
1, CPT

HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS 0 AGE 1, AND ENDS ON PAGE 1 . I FULLY UNDERSTAND THE t THE EN

BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOT
MADE THIS
STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, A

ENT.
Statemen
WITNESSES: Subscribed and s rson authorized by law to
administer oaths, this day of
at

ORGANIZATION OR ADDRESS
(Signature of Person Administering Oath)
(Typed Name of Person Administering Oath)
1ANIZATION OR ADDRESS (Authority To Administer Oaths)
Its„-,ALS OF PERSON MAKING STATEMENT PAGE 2 OF PAGES
PAGE 3, BA FORM 2023, DEC 1998 USAPA V1 DO
wt e(clit)'it 1 cif& nfily 0 1 67 0 9
DOD-039974

/1/01 irpmizo v
DATA REQUIRED BYPRIYACY Acr
AUTHORITY:
Tide 10; United States Code Section 3012 (g) ROUTINE USES: Your social security timber and other personal informal Are used as an additional/alternate means of identificati , to fitcilitate and retrieval
(.12)-Lt
17(1)6)-1
PRINCIPAL PURPOSE: To provide co ., , • -w enforcement of • with DISCLOSURE: Disclosure of your social security # is voluntary means by • infatuation be acauately idea
1. Rec Code: 2. Action Code: Date: 5. Control: 8. Office Offense:
4. Rel to 6. Sequence I 7. Year:
0-ay-
18. POBSt 19. POB Zip:
28. Educ: 29, Prior Record: 30 .1.aw7..
\
34. Sccurity Clr: 35. Physical Marks/ Tattoos: 36. Spouse Military: On n,:h.
Yes: . No: .
37. Alias/Nicknames: 38. Alias/Nicknames: 39. Alias/Nicknames:
41. Unit Phone Number: Home: Cell/Pager.
42. Military Service: 43. Sub Unit:
44. Fort/City: 45. State: 46. Country 47. Zip Code/APO:
F 0.^ Mr
48. Home Address: 49. City: 50. State: 51. Country: 52. Zip CodcJAlO:
53. JUV: 54. Family Rel:55. Last Name:
56. First Name: 57. Middle Name:
58. Social Security: 60. MC: 61. Unit:
62. City: 63. State: 64. ZIP/APO: 65. Phone: Wk: Hot
66. °Muse Code: 67. UFC: 68. Offense Code: 69. UFC: 70. Offense Code: 7!. UFC: 72. Offense Code:
Telephone:
EL'S: PCS/DEROS Date / Time Interview START: Date: Time:
Place of Interview: Dam / Time Interview END:
Date: Time:
isposition:
75. Type: 76. Recovered: 77. Value:
78. Lasater: Policy: Yes: .
N0: .
81. Model:
82. Vehicle Style: 83. N of Doors: 84. Color: 85. size: SUV 2 Blue Mid size
86. V.IN:
87. License Plate: 88 State: 89. DOD Decal Number:
NOTES:
?n1
4)"A r6 6 .4)(0-5te,alt c s IA-)
roc N wiz f
Slecu re
)
tsP\1111111._ clkf¦S -3
016710
DOD-039975

CRIME LAka E: %1INATION REQUESTf LAB USE ONLY
For use of this form, see A,._195.5 the proponent agency is the f,..., REFERRAL NUMBER United States Army Criminal Investigation Command.
TO: (Include Zip Code) FROM: (Include Zip Code) RECEIVED RETURNED
LABORATORY DIRECTOR US ARMY SPECIAL AGENT IN CHARGE
REGIS MAIL REGIS MAILCRIMINAL INVESTIGATION 43RD MILITARY POLICE DETACHMENT
ABQRATORY45BB N. 2ND BTRBBT le MILITARY POLIOB BATTALION (gIO
RY EXP RY EXPOREST PARK, GA 30297-5122 TIKRIT, IRAQ APO AE 09323-2647
HAND HAND
ATTN: Firearms Division

-DATE DATE
RECEIVED BY
Itylo-ti 4(1)(0 1
EVIDENCE RECEIPT
EMAIL:Warigaus.army.mil RECEIVED INITIATED
1. CONTRIBUTER CASE NUMBER 2. INVESTIGATOR'S NAME
3. AUTOV•N AND PHONE NUMBER 0040-04-CI 0469-79638 SA
DN
4.
SUSPECT(S) (Last, first and middle name(s))
PFC RICHMOND, Edward Lynn

5.
VICT middle name(s))
M

19 (0_,A, 11(-4-)(0_ 1
6. TYPE OF OFFENSE T 7. ONE COPY OF EVIDENCE RECEIPT 8. OTHER EVIDENCE PREVIOUSLY
INCLOSED WITH EVIDENCE SUBMITTED ON THIS CASE
Murder

12 YES . NO . YES I NO
. IF "YES" IN ITEM 8, LIST OTHER SUSPECT(S), DATE SUBMITTED, UNIT CASE AND LABORATORY REFERRAL NUMBERS(S)
_
10. EVIDENCE SUBMITTED
a.
EXHIBIT

b.
DESCRIPTION OF EXHIBIT
I Rifle (Item 1, Voucher 010/04)

FORM 3655 REPLACES DA FORM 3665-R, 1 NOV 70 WHICH IS OBSOLETE 1 AUG 74
fi/ ofrft' it.1 We. 04
‘,
DOD-039976

Ca,
MPR/CID SEQUENCE NUMBER
EV1DENCE/A „A...-iRTY CUSTODY DOCUMENT
For use of this form see AR 190-45 and AR 195-5; the proponent agency is US Army CRD REPORT/CID ROI NUMBER tribunal Investigation Command Etna LOCATION Minya(c(b.CpuatA RN fewilvs SA, elc_-r, ViAIL-cP541. INF, Kir K. ?rel
.
NAME, GRADE • ill _VI V_ _: OF PERSON FROM WHOM RECEIVED ADDRESS (Include Zip Code)
OWNER I-4 NC I/.-1 en0440-, 2s4-k Imp 2i r.-- 6 a Mc Wend, SCr‘ fit• RE cittz0 -grit --.,, nt! c„ ..A.IN, , • tf1.fa . reei..14,4 herds er 661 REASON OBTAINED TIME/DATE OBTAINED
l.").I tf IA SIOLI
"...0-ac-. as *-11 ' PfirKvic, =rei Ey idenDe 11 14(9/ i /VI AQ Ofil
ITEM DESCRIPTION OF ARTICLES
QUANTITYNO, (Include model, serial number, condition and unusual marks or scratches)
I IR Piet Ai -Li eaeb„te_, ' 'tt Nurvqw r 1,465514q 14 , s .6c, t...,6,, , eon .I-tr,t 1,5 Cc I4 ("2 Alit 2.c4..fit-4 * -5ftic.ke.._f4..r.ok " err/9e 4--k y of-QS. 6ev.eJ pNivqvil- ."' CI ie tcz ve.10teocl and, Ai ,'vile wet/ IS efroy. A i C't e, (.4-4 -1-1.-,s
a. 2
2. cl¦kci Ckay tor. s. ‘61. 4.3e.,por, is biacc to COkOf i .AM-ACe k Vic.4 PI C. i n consA-r VC A k VA . N11/4(. CS .., C (sq-k. ) S/VVC4. avNC..4fIzok 4-f
V-IerV e4 V\
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t HAN a ott _561-wht140e-H
LINeNT =Tervk
\ 140 -if b17)(c)-1
(6.-1 ; 1,0)6) -)

CHA STODY
ITEM NO. DATE _ ___ R EASED BY EIVED BY PURPOSE OF CI IANC-! OF CI ISTo0Y
/ _ Evaluation as Evuleio..•
011 _____......._ — • , 1
.IN SIGN •.-4 ._

NAME, GRADE OR TITLE SIG `A'.4 • SIGNATURE NAME, GRADE OR TITLE NAME, GRADE OR TITLE SKINATI1RE SIGNATURE NAME. ( ;RADE OR TITLE NAME, GRADE OR TITLE SIGNATI IRE SIGNATI RE
NAME, GRADE OR TITLE NAME, GRADE OR TITLE
016713

DOD-039978
PHOTOGRAPHIC PACKET
CASE NUMBER: 0040-04-CID469-79638
NUMBER: DESCRIPTION OF PHOTOGRAPH
Photograph depicting where the remains of Mr1111111Pay after he was 1 shot Photograph depicting the flexi-cuffs bound to Mr wrists 2 Photograph depicting a close-up image of the Flexi-cuffs3 Photograph depicting the front side of Man4 Photograph depicting the front side of Mr5
P1113gar.4Ph'cicPicting the head gf
6
Photograph depicting injuries to the head of Mi
7

Photograph depicting the spent cartridge, rifle and the remains of Mr8 from the shooting
o
k 7 01
EXHIBIT
FOR OFFICIAL USE ONLY
016714
DOD-039979
16715 is a duplicate of Pages 17791-94, 17796-99
which are photographic exhibits withheld based
on 5 USC 552(b)(6), (b)(7)(C), and (b)(7)(F)

DOD-039980

16716-16724 (including 16720A and B)
are duplicates of pages 17791-17800 which are
photographic exhibits withheld based on 5 USC
552(b)(6), (b)(7)(C), and (b)(7)(F)

DOD-039981

SWORN STATEMENT
For use of this form, see AR-190-45; the proponent agency is Office of The DePutybrilef of Staff for Personnel.
LOCATION
DATE Ile TIME III FILE NUMBER
FOB Warrior, Kirkuk, Iraq 1 Mar 2004f1 acir
064-0q-74633
LAST NAME, FIRST NAME MIDDLE NAME SOCIAL S NUMBER GRADE/STATUS
I-E-5/RA
_ AIZATION OR ADDRESS
B Battery, 1/62nd Air Defense Artillery, FOB McHenry, Iraq
1-% hl I,f , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
On 28 Feb 04 I was attached to 1- 7Infantry for an operation they were conducting in the village of Taal Al Jal, Iraq
SPfnd myself are Air Defense Artillery and the main reason 1-27 needed us was because we have a 50
Caliber mac ine gun mounted to the avenger we drive. During the mission I was at a Traffic Control Point located
southwest of the village. My mission was to block off the road so the infantry could conduct their mission. We did not let
anyone out or into the village while the operation was going on. Around 1000 I heard a call come over the radio to
detainee any Iraqi males in the area. After the call came over the radio I observed one vehicle approaching my location
with one Iraqi male inside the vehicle. I detained the male driving the vehicle when a second vehicle approached. The
vehicle contained two Iraqi males, one female and five children. I then detained the two Iraqi males and the rest of the
people sat in their vehicle because they did not know they could leave. After the two Iraqi males were detained I walked
,
back to my vehicle and attached my CVC helmet cord back in so I could hear the radio traffic. When I attached the cord
I heard on the radio that shots have been fired. About one minute later a call came over the radio, which stated one
shot had been fired at an Iraqi and he was killed. After that I continued to sit inside of my vehicle and watch my area for
approa hin vehicles and the detainees we had previously detainecall
Q: SA
A: SG
Q: Did you hear the shot fired?
A: No because I had my CVC helmet on so I could not hear.
Q: Did you see who shot the Iraqi male?f t0(6)f-; 19(7)0 -11
A: No.
0: Prior to this operations did you met PFC RICHMOND?
(5ti )

A-
C somfules of Engagement to you?
A: , es, CPTfWe also have the ROE cards on us at all time.
Q: What did CPfbrief that was different to the ROE cards you have?
A: He stated when the mission took place if we could positively identify any Iraqi males fleeing from the city deadly force was authorized.
Q: Did anyone flee the village?
A: No.
Q: When did yfthe Iraqi Cow herder in the field?'
A: When SGT_ and PFC RICHMOND started to walk to his location.
Q: How far away was the Iraqi Cow Herder from the TCP?
A: 200 meters.
Q: Did the Iraqi Cow Herder make any threats towards coalition forces in the area?
A: Not that I saw.
0: Do you have anything else to add to this statement?
A: No.///End of Statement///
EXHIBIT INITIALS OF PERSON MAKING STATEMENT
PACIF 1 (F 9 PACS
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN AT DATED CONTINUED." 7 JTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE IN1d4LED AS "PAGE OF PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
DA FORM 2823f SUPERSEDES DA FORM 2823, 1 JAN 88, WHICH WILL BE USED.
1 JUL 72
Pot Of-P-1W ody
DOD-039982

STATEMENT OF11.111111ri&EN AT FOB Warrior DATED 1 March 2004 CONTINUED:
STATEMENT (Conan
19 (0-y ; 19(7)(6)1

a
\2(0-'1;.Cc) -1
AFFIDAVIT
, HAVE EAD OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE I FULLY UNDERSTAND THE C NTENTS OF THE ENTIRE STATEMENT MADE BY ME.
THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIA ED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEF1 OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.
ing Statement)
WITNESSES: Subscribed and sworn to before me, a person authorized by law
to administer oaths, this 1st day of March, 2004
at. FOB Warrior• Kirkuk. Iraq
ORGANIZATION OR ADDRESS
Oath)
(Typed Name o erson .ministenng Oath)
ORGANIZATION OR ADDRESS
Article 136(b)(4), UCMJ

(Authority To Administer Oaths)
IN,.OF PERSON MAKING STATEMENT
PAGE 2 OF 2 PAGES
RP Ufgel'A 1 Lilt.did
to( -III 4-4)-1.0167,A
DOD-039983

INVESTIGATIVE WORKSHEET
• DATA. KEWIKEITER LIIEVIKLVAGI Ar.4-7------
AUTHORITY:.Title 10, United States Cade Section 3012'(g) .ROUTINE USES: Your social security number and other personal
info are used as en additional/alternate means of

To provide commanders and law enfomement officials.
identification to ficuitate and retrieval
PRINCIPAL PURPOSE: .with mum bY which infatuation ale be eeeeettelY DISCLOSURE:.Disclosure of your SSNH is voluntary.

identified.
.yzOnarm irn .

-. . - ear..'..• s'i....' .I'...Ivense•
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31.mLb:.ill b Uescrip ocanore33. iAcAc. ..-.:.• Ph ysical Iv or tattoos: 36. Spouse's/binary YIN.Semen a i Li.Airbilt/' TT...
3/. Aluis/Islickames: 1 as/Nicknames:. 39..Nicknames:
40. UnittUrgamzation: 41. Unit Phone Number:.Home /Cell Phone Number:
a
.....'a• .I-0,ft.Al.Nititrv.
' Oh.,......7.i • . . •r•.•.. •.'.•.ip..2 ,7•.go
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48. Home AddresS
51./. state: 51. Country:.5L. Lap CodeJApo:
FA MIVF:MigilsyNkTt
)3. JU V:.I 54. Family Rel . ponsor Last-Name: 5 I. Sponsor Middle Name:
55. Sponsor.Locial Security: 59. Sponsor Lunde: . Spon is/CAC . Sponsor Unit: b2. Sponsor City:
b.. Sponsor St: '64. Sponsor Cit.). '6 . Sponsor Lip/ ASV:
S 31.¦
a% • ense . •.INN :.is.• • o
V 1 INI

0.ease.• •
telephone: E FS: PC-S/DERtT:"INIST.m riFterv
elnItl: lime lntery Start: ' 1..I cni 2 O . g IAt.2 5-1... itri. 1 1/
Place at interview Start: e.:ery End lime Inter: End: -Place of Interview End:
e--/

•
.1--MtWi '1 1.5---g-›
DisposiUon.
'4. Lategory(lost.stolen,llarnaged, Into) 75-. fypettiov,Pov;Unk) 76. RecovelrleT A.MTuAe: IS. Insurer:.
Policy al.Year/dine I..Np:
/9. Year: 8U. Make: '81. Model: 82. Vehicle Style: 33.4 01 Doors: 84. Color: 85. Vehicle Size:

86. V.1.N:
87. License Flue: "M. State: -89. WU Decal Number:
NOTES:
Last HTV Test:
.

CM FORM 44R
-
EDITION OF I AUG 87 WILL BE I :SID t NTH. EXHAUSTED
016727
rft-.'LOPI.lit.ALI 1/.
DOD-039984
SWORN STATEMENT
For use of this form, see kri90-45; the proponent agency Is Office of The Deputy -Chlef of Staff for Personnel.
LOCATION FOB Warrior, Kirkuk, Iraq DATE 1 Mar IMF TIME.1111 (3- FILE NUMBER 0040-04-C1D469-79638
ST NAME, MIDDLE NAME SOCIAL SECURITY NUMBER GRADE/STATUS
E-3/RA

oliturANIZATION OR ADDRESS
HNC, 1-27th Infantry Division -
¦9(1) (C).(ik
fa WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: I,--------111)11..1111 ,
Febe 04 my squad (1 ), was e e o provide a traffic control point west of the village of Taal Al Jal, Iraq. My
squad consisted of four personnel plus we had two additional personnel attached to us. While we were at the TCP a call
came over the radio to detainee all Iraqi males in the ar .this call came out we observed an Iraqi cow herder
out in a field about 200 meters south of the TCP. SGT .'nd PFC RICHMOND preceded out to detainee the
Iraqi male in the field. SG.instructed me to pull security.since I was the only gunner at this TCP. I
pointed my M249 in the direction o e detainee and observed SGT .and PFC RICHMOND walk out to the
Iraqis location. From my location I could not determine who was placing the exi-cuffs on the Iraqi male. I then
observed the Iraqis hands behind his back and a soldier escorting him to my location. The soldiers and the Iraqi took a
few steps towards my location and I heard a shot being fired. I was scanning the areas to my left and right on various
occasions so I did not see the shot fired. Once I heard the shot I looked towards them and I observed the Iraqi fall to his
knees and then to his face. A few seconds later a call came over the radio requesting informatio .where the shots
were being fired. SP. proceeded to the location of the Iraqi to relieve SGT .so he could make
the call back to higher a out the shooting. SG.came back to the TCP and reported to higher that PFC
RICHMOND shot an Iraqi detainee in the head an.inee was flexi-cuffed at the time of the shooting. About ten
minutes later the 1 SG and Commander came to the location to verify the incident. About 40 minutes later they called up
and stated they needed a body bag so I grabbed on .k it to the body. Once I dropped off the body bag I
and manned the M249 again.
Q: Who was located at the TCP?
A 'TM. e SPAS.PFC RICHMOND, CPL.. PFCINIMInd myself. There was also
t.rsonnel in.avenger ve e, ut I don't know their names.

Q: Did you observe the Iraqi Cow Herder out in the field prior to the call coming over the radio to detainee any Iraqi
males?

A: Yes, He was there since daybreak.
Q: Did the Iraqi Cow Herder do anything suspicious thrciughout the day?
A: No.
Q: How far away were you pulling security when SGTOMINIand PFC RICHMOND were detaining the Iraq?
A: 200 meters.
Q: When you heard the shot fired and looked to that direction where was everyone located?
A: The three were in a line walking towards the northwest. I saw one soldier in front of the detainee pulling the detainee
by the shirt and the other soldier was right behind the detainee.

Q: Did you g.Rules of Engagement (ROE) Brief prior to this mission?
A: Yes, SG.gave us the brief and he stated if people are running from the village shoot them.
Q: Was deadly orce uthorized if a detainee was flexi-cuffed?
A: No.
Q: When would deadly force be authorized?
A: When a hostile threat towards coalition forces is made.
Q: Did PFC RICHMOND receive the ROE brief?
A: Yes
Q: What kind of person is PFC RICHMOND? oal
A: He is an asshole because he thinks he is better than everyone.
EXHIBIT INITIALS OF PERSON MAKING STATEMENT
PAP,F I OF.PA(,FS
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF .TAKEN AT.DATED.CONTINUED." 7, ..)TTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INr17ALED AS "PAGE.OF.PAGES.° WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
DA FORM 2823. SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL BE USED.
1 JUL 72
0 (al 23
oI,ill 1 ate 4.
DOD-039985

SiikTEMENT OF PFC
EMIAX-EN AT FOB WARRIOR DATED 1 March 2004 CONTINUED:
STATEMENT (Continued)
0:
Did PFC RICHMOND ever state before this incident that he wanted to kill an Iraqi?

A.
`res on numerous occasions. I could not tell if he was joking but he would always see any Iraqi and ask if he could hem.

PFC RICHMOND shot any Iraqis prior to this incident?
A: No.
0: Did PFC RICHMOND make any indication he was going to shot and kill an Iraqi on the mission you were conducting on 28 Feb 04?
A: No.
0: When you went out to the location of the Iraqi to drop off the body bag what did the Iraqi look like?
A: I was about 25 meters away and the only thing I could see is that the Iraqi had flexi-cuffs bound behind his back and he was laying face down. I could also see t .is head was bloody.
0: While you were pulling security for SG .and PFC RICHMOND did the Iraqi struggle with anyone?
A: Not that I noticed.
Q: Do you have anything else to add to this statement? .\ A No///End of Statement/// 1111
\9 (6)-'k i taCcM
-
1,(6)1, ,M(c)
-)
AFFIDAVIT
AVE REA OR HAVE HAD READ TO ME HIS STATEMENT WHICH BEGINS ON PAGE 1 AND E.
ULLY UNDERSTAND T E CONT NTS OF THE ENTIRE STATE ENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HA
IN ITIALE THE BOTTOM OF EACH PAe CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF ENEFIT 0 REWARD, WITHOUT THR T OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUC MENT.
rson Maki • Statement)
WITNESSES:
to aa S.d sworn to before me, a dminister oaths, this 1st day of Mar rson authorized by law , 2004 K IRAQ
ORGANIZATION OR ADDRESS

Oath)
SA
(Typed Name of Person Administering ath)
ORGANIZATION OR ADDRESS
Article 136(b)(4). UCMJ
(Authotity To Administer Oaths)
IN,-,-,ALS OF PERSON MAKING STATEMENT
PAGE 2 OF 2 PAGES
Fo r Oqi`c/cf.o toy 016729
DOD-039986

..•.-
INVESTIGATIVE WORIESSEET
1./A1A-KWU1KZL1k17t ltiZYKLVAWX Al.:I.
AUTHORITY:.Title 10. United States Code Section 3012 (g) .ROUTINE USES: Your social security number and other personal
info are used as an additional/alternate means of
To provide commodem and law enforcement officials.

identification to facilitate and retrieval
PRINCIPAL PURPOSE:.with means hY which inkattatim may be accurately DISCLOSURE: .Disclosure of your SSNii is vohntary.
identified.
ear.• 51 , Oe:...:.- ease

0014 a - '.- He illi # - 7e/41 -lot 1411.iir DATA
11. '
19 (6) -4; 4 (1)(c)-1 .
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. ..- or tattoos: 36. Spouse Military Y/N.Service #
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it. Alias/Nickames: 38. Alias/Nicknames: 39.Alias/Nicknames:

4U. Utut/Orgamzation.
41. Unit Phone Number:.Home/Cell Phone Number:
42. Military SVC.:.
43. Sub Unit: 144. Fort/City: 43. State. 46. Country: 4/. Lip Lode/Apo:
48. Home Address: 49. City:
30. State: 31. Country: 32. Lip Lode/Apo:
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3. JU V :34. Family Kel '33. Sponsor Last Name: Name: 3 I. Sponsor Middle Name:
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62. Sponsor City: 6 . Sponsor St: 64. Sponsor City: 3. Sponsor Lip APO :
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telephone: b IS. FLS/DEOP: MINIST Ilarterge nrArt:rt: lime lntery Start.
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Date intery End: lune lntery End: Place 01 Interview End.
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4. Lategory(lost,stolen.Damaged, Into) I). lypelliov,Pov,Unk) /6. Recoverecr TLTZitrueA: /8. insurer:.Policy N.Year/date Exp:
/9. Year: 80. Make: I. Model: 82. Vehicle Style: S3. It ot Doors: 84. Color: 83. Vehicle Sae:
86. V.I.N.
8/. License Hate: 88. State: 89. LX )1.) Decal brumber:
NOTES:
Last HIV Test:
. CID FORM 44-R EDITION OF I AUG 87 WI!.!. BE ism NTII. EXHAUSTED
016730
J-A A.t.Li'iI.i1,,,..,
DOD-039987
SWORN STATEMENT
Fort.f this form, see AR 190-45; the proponent agency itiNcroCSOPS
PRIVACY ACT STATEMENT AUTHORITY:.Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSN).PRINCIPAL.
To provide commanders and law enforcement officials with means by which Information may be accurately Identified. INE USES:.
Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.
.0SURE:.
Disclosure of your social security number is voluntary. t-LOCATION.
2. DATE (YYYYMMDD).3. TIME.4. FILE NUMBER
-t 0.8 te-nc_ ev-Ir.Qoocia.2902./9/0
1-471'? -rielF•
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
forms creeie- gx- Comeqi* coellnAiloev-ppuit-oul.12of. TAL qu;c4nb.b/oc-.64
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bags fy)
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.
I ER SON MAKING STATEMENT
PAGE 1 OF .PAGES
HE HEADING "STATEM TAKEN AT.DATED

,OTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED.
DA FORM 2823, DEC 1998 DA FORM 2823. JUL 72. IS OBSOLETE USAPA V1.00
Fit 016731
Offi'641 14 a tily
DOD-039988
0 011 0 -011` ad `leg' 71b31
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency Is ODCSOPS
PRIVACY ACT STATEMENT AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 /SM. PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieve'
a
DISCLOSURE: Disclosure of our social securi number Is voluntary. .
1. LOCATION 2. DATE (YYYYMMDD) 3. TIME. 4. FILE NUMBER
FOB McHenry, Iraq 2004/02/28. 1350
ST NAME, MIDDLE NAME 6. SSN 7. GRADE/STATUS
E9/CSM
8. ORGANIZATION OR ADDRESS

HQ, 1st BN, 27th IN, 2BCT, FOB McHenry, IRAQ .
b 6)14-)9 (7) (6)-.t)
9.
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
or abot 0915, 28 FEB, 2004 I was notified by SSG, a NCO working night shift at the 1/27 IN TOC that a shooting had occured on a mssion which was occuring. The mission was being ran by Aco, 1/27 to locate and detain personnel for questioning and possible discovery of unauthorized weapons in Aco, 1/27's sector. Additional units involved were portions of the 81mm mortar platoon and the ADA section assigned to the battalion task force. I was walking around the FOB ensuring that we werepoliced and ready for a Korean delegation which was to arrive in aprox. 15 minutes. Additionally we, the battlion were in the process of setting up two TCP locations due to a message recieved from brigade which stated that there was a report of an attack oa US military base operating in our vicinity. -Upon notification I made a communication check with Aco commander, CPT .and was told that a soldier from our mortar platoon had shot an Iraqi citizen in the back of the head. Guidance was .me for the soldiers involved to be seper.tements taken of what occured. The battalion commander, LT .irected that myself and the assitant S3 CP.go to the scene to obtain mfromation and get an assesment of the situation.
IMI
' t the scene and went to the location where the incident occured. C and Richmo.ts and questioned them of what occured. CPT ave the statements to me, and I then pa.em to CPT.The man which had been shot had been rolled over, e remained in the same location from ll, the only o as to roll him over in order to obtain photos. Photos were Aco and by CPTThe soldier whichs hot the Iraq was PFC Richmond, the NCO on the scene was SGT
mit.d 1SG'. had already read
-SG explaination of what occured was that they were dirceted to detain all male perrsonnel, he was manning a TCP
located on the western edge of the town being searched. He spotted a .cows and a male with them approx 100 meters away
on a 210 degree nagnatic azimuth. He radioed for guidance from CPT .d was directed to detain the male.
-Enroute to the male, SGT.informed Richmond that he would secure as .ecured the male..obtained the
zip-cuffs from Richmond and approached the male with his hands up gesturing to .male do the same..had his
weapon slung and not in his hands.
-The male appeared upset of the actions and due to the communication problems was not cooperating peacfgully. The male waspadded down quickly on his upper body alone and from the front. He was turned around and made to palce .behind his back. This was difficult due to the language barrier. While attempting to secure the flex-cuffs on the male, .directed to Richmond to raise his weapon as a show of force.
as able to secure the flex cuffs, he then patted the male on the shoulder, looked at Richmond where he states he recieved e.contact, then began to move out, aproximately a step .alking away, with his hand on the male, he heard the shotfrom Richmond which struck the male in the head, killing him. .states Richmond was less than 2 meters away when the shot wsa fired.
tates he briefed his men r that their job was to stop all soldiers fleeing from the village, that the use of dea y rce was authorized by CPT He further states that he tol •.t they would not fire unless he .' d it. This was not confirmed from the soldiers at his TCP except forPC .The.' ed that SG briefed them to fire at an .ving th.they were CPL. Others on the TCP were two ADA soldiers SHY.and SP(.one soldeir from co. All so diers manning the TCP 'ngaged in other a.and did not o s rve the shot being fir
10. EXHIBIT 11. INITIALS Oi.flAKING STATEMENT
PAGE 1 OF 2... PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT AT.DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST BE BE INDICATED.
1
0167342
DOD-039989
0010-04- C4::j) 09 -79615

1350 DATED 2004102/28
ITEMENT OF 1111111111111111111111111111_— TAKEN AT
TEMENT (Continued)
ond's story differs fromillain the follwoing manner, he states that he was directed to put the barrell his weapon on the
ed man's head. He states from then on he just looked at the man's head through the site. He states that without a doubt he
d his weapon on safe,that he did not .1! - s • flex-cuffs being placed on the man's hands, that he did not wittness any search of the de . .. . •. -I, nor did he ever hea .tell him that he was secured and to move out. He states that the detained man lunged a.at which time he fired an. , • k the man in the back of the head from less than 2 meters away. He confirmed that he was r. 'it g at the back of the detained man but did not see the man's hands flex-cuffed behind him. When questioned, he says he remembers putting the weapon on semi, pulling the rigger, then placing it back on safe afterwards. Richmond staes he knew the ROE as explained by me to his platoon less than a week prior, that he was not to fire unless a deadly and threatening act of violence was being done to himself or, his fellow soldiers. He states that the man had no visible weapons on him and did not see him pull any out, the sudden movement of the detained man was the reason for firing the weapon.
-The area in which this occured was a plowed field, making walking a difficult event unless moving slowly or watching where you place the feet.
-After the.pon was fired, the man shot fell, SGT.immdiate.to get help and report what had occured, sending the scene where Richmond and the felled man remained
AFFIDAVIT
, HAVE READ OR HA E HAD READ TO ME THIS STATEMENT
WHICH PAGE 7. . I FULLY UNDERSTAND THE C NTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE I ITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HO E OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INF

rson Making Statement)
Subscribed and swor e me, a person authorized by law to
bbY0.-7-
administer oaths, this .day of ;-r-k) .at
ORGANIZATION OR ADDRESS. (Signature of Person Administering Oath)
(Typed Name of Person Administering Oath) ORGANIZATION OR ADDRESS. (Authority To Administer Oaths) INITIALS OF PERSON MAKING STATEMENT PAGE.OF.PAGES
016733
DOD-039990

r v
SWORN STATEMENT
For use of this form, see AR 190.45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT AUTHORITY:.Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 ISSN!. PRINCIPAL PURPOSE:.To provide commanders and law enforcement officials with means by which information may be accurately
'NE USES:.Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.
.0SURE:. Disclosure of.our social securit.number is voluntar .
1. LOCATION 2. DATE (YYYYMMDDI 3. TIME 4. FILE NUMBER
FOB McHenry, Iraq 2004/02/28 1350
• I. .:. ¦ 1.; ST NAME, MIDDLE NAME 6. SSN 7. GRADE/STATUS
89/CSM
8. ORGANIZATION OR ADDRESS

HQ, 1st BN, 27th IN, 2BCT, FOB McHenry, IRAQ.
6 / 9) ((-) — g
SM , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
-0.or ab•ut 0915, 28 FEB, 2004 I was notified by SS.Aim, a NCO working night shift at the 1/27 IN TOC that a shooting had occured on a mssion which was occuring. The mission g ran by Aco, 1/27 to locate and detain personnel for questioning and possible discovery of unauthorized weapons in Aco, 1/27's sector. Additional units involved were portions of the 81mm mortar platoon and the ADA section assigned to the battalion task force. I was walking around the FOB ensuring that we were policed and ready for a Korean delegation which was to arrive in aprox. 15 minutes. Additionally we, the battlion were in the process of setting up two TCP locations due to a message recieved from brigade which stated that there was a report of an attack o a US military base operating in our vicinity. -Upon notification I made a communication check with Aco commander, CPT.and was told that a soldier from our mortar platoon had shot an Iraqi citizen in the back of the head. Guidance was g r.Ti¦a, me for the soldiers involved to be sepe tements taken of what occured. The battalion commander, LTC.1 rected that myself and the assitant S3 C.o to the scene to obtain infromation and get an assesment of the .....n.
-Wet the scene and went to the location where the incident occured. C.and 1SGIat.already read
both.nd Riclun.is and questioned them of what occured. CP.gave thstatements to me,.andd I
then.m to CP.The man which had been shot had been rolled o ,.
e emained in the same location from
where he fell, the only.ovemen.as to roll him over in order to obtain photos. Photos were .co and by CPT
The soldier whichs hot the Iraq was PFC Richmond, the NCO on the scene was SG
xplaination of what occured was that they were dirceted to detain all male perrsonnel, he was manning a TCP .ed on.e western edge of the town being searched. He spotted a e d of cows and a male with them approx 100 meters away on a 210 degree nagnatic azimuth. He radioed for guidance from C.d was directed to detain the male.
-Enroute to the male, SG.informed Richmond that he would secure a.secured the male.tained the zip-cuffs from Richmond an ap.oached the male with his hands up gesturing o.a.e male do the same..had his weapon slung and not in his hands.
-The male appeared upset of the actions and due to the communication problems was not cooperating peacfgully. The male was padded down quickly on his upper body alone and from the front. He was turned around and made to palce's hands behind his back. This was difficult due to the language barrier. While attempting to secure the flex-cuffs on the male .irected to Richmond to raise his weapon as a show of force.
was able to secure the flex cuffs, he then patted the male on the shoulder, looked at Richmond where he states he recieved eye o e contact, then began to move out, aproximately a step.walking away, with his hand on the male, he heard the shot from Richmond which struck the male in the head, killing him..tates Richmond was less than 2 meters away when the shot wsa fired.
tates he briefed his men.'.that their job was to stop all soldiers fleeing from the village, that the use of .
ea y orce was authorized by CP .He further states that he tol • .' ..• -•.. . t they would not fire unless hed it. This was not confirmed from the .'s TCP except f•.• . -.P•.The o . -.- ..lained that SG briefed them to fire at an .aving th., they were CP.PF b.pg!.. Others on there
..
two ADA soldiers SHY.and S.one soldeir fro.-.•.J. 'Idlers manning the TCPwere engaged in other ac.and did.rile the shot being fire
10..EXHIBIT 11. INITIALS •.AK ING STATEMENT • PAGE 1 OF .—a.. .PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING 'STATEMENT NAT.DATED
BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER i'lmIST BE BE INDICATED.
. .
DA FORM 2823, DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE VSAPA V1.00
.
016731

-,ict-tibir 12,3
DOD-039991

STATEMENT OF TAKEN AT 1350 .2004/02/28
DATED
TEMENT . (Continued)
ond's story differs from.in the follwoing manner, he states that be was directed to put the barrell his weapon on the
ined man's head. He states tom en on he just looked at the man's head through the site. He states that without a doubt he
' • his weapon on safe,that he did not w u • .flex-cuffs being placed on the man's hands, that he did not wittness any search
t•d• d., nor did he ever hea.ell him that he was secured and to move out. He states that the detained man

,cd a.t which time he fired a. ..the man in the back of the head from less than 2 meters away. He confirmed
thiit he w.at the back of the detained man but did not see the man's hands flex-cuffed behind him. When questioned, he
says he remembers putting the weapon on semi, pulling the rigger, then placing it back on safe afterwards. Richmond staes he
knew the ROE as explained by me to his platoon less than a week prior, that he was not to fire unless a deadly and threatening act
of violence was being done to himself or, his fellow soldiers. He states that the man had no visible weapons on him and did not see
him pull any out, the sudden movement of the detained man was the reason for firing the weapon.

-The area in which this occured was a plowed field, making walking a difficult event unless moving slowly or watching where you
place the feet.
-After the weapon was fired, e m shot fell, Sillillimmdiatel .
to get help and report what had occured, sending
OM° the scene wher and.the fel.emained.
bib) Y: 10(7)(c)
(:;(t
AFFIDAVIT
. , HAVE READ OR HAV HAD READ TO ME THIS STATEMENTWHICH. PAGE 2
. I FULLY UNDERSTAND THE C TENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE I ITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHO T H PE OF ENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL I

on Making Statement)
Subscribed and e me, a person authorized by law to administer oaths, this day of at
ORGANIZATION OR ADDRESS.
(Signature of Person Administering Oath)
(Typed Name of Person Administering Oath)
ORGANIZATION OR ADDRESS. (Authority To Administer Oaths)
.LS OF PERSON MAKING STATEMENT
PAGE.OF.PAGES

PAGE 3, DA FORM 2823, DEC 1998 USAPA V1.00
DOD-039992