Court-Martial Record: Private First Class Edward L. Richmond, Jr. (Volume 5 of 7)

This is the Court Martial record (Volume 5 of 7), record of trial, of Private First Class Edward L. Richmond, Jr., who was charged with murder for shooting and killing an Iraqi civilian-farmer on or about February 28, 2004 at or near Taal Al Jal, Iraq.

Doc_type: 
UCMJ
Doc_date: 
Monday, June 13, 2005
Doc_rel_date: 
Tuesday, November 29, 2005
Doc_text: 

COURITAIAARTIAL RECORD
RICHMOND, EDWARD L..PFC
NAmE
01111111111
SSN.
ACTIONS CODED:.ASSIGNED TO: INITIAL .PANEL . ACCA. .EXAM. DIV.. FINAL. COMPANION(S):

RETURN THIS FILE TO:
OFFICE-OF Tle CLERK OF COURT
US,. ARMY .JUDICIARY
901 NORTH -STUART STREET. SUITE 1.200.
ARLINGTON:5. VA .222034837

VOL V OF.VI IVOL(S)
2 0 0 4 0 7 8 7

ARMY.
r.)
CO
NI"
JALS-CC FORM 2A, tOCTOBER 2000.
JUN I 3 2005. 017315
VOL let ()fat, ORIGINAL COPY
VERBATIM1

RECORD OF TRIA.L2 f-Tir
(and accompanying papers)
RICHMOND, Edward L., Private First Class
Jr . (NAME: Last, First Middle Initial) (Social Security Number) (Rank)
HHC, 1st Bn, 27th In,
2nd Bde, 25th IN US Array Kirkuk, Iraq
(unit/Command Name) (Branch of Service) (Station or Ship)

BY GENERAL COURT—MARTIAL
CONVENED BY COMMANDING GENERAL
(Title of Convening Authority)
Headquarters, 1st Infantry Division
(Unit/Command of Convening Authority)
TRIED AT
FOB Dan er, Tikrit, Ira3ON33-5 August 2004

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

C=)
c_
CD

-4
7:0
CO
CD
-4
I Insert "verbatim" or summarized" as appropriate. (This form will be used by the Army and Nay) for verbatim records of trial only.) 2 See inside back cover for instructions as to preparation and arrangement.
DD FORM 490, MAY 2000 PREVIOUS EDITIONS ARE OBSOLETE. FRONT COVEit
2oo4oi87 01731G
1 Q..
Okay.
.

2 A..

Ma'am, I didn't pay that much attention to it.
.

3 Q..

No, that is fine.
.

4 A..

Yeah.
.

5 Q..

We are tapping old brain cells, I understand.
.

6 A..

Yeah.
.

7 Q..Apparently there have been some articles about the events
8 that occurred that are the subject of this court-martial. Have you
9 read any of those articles?

A..
11.This SIR, this report that you got, would it have been

10.No, Ma'am.

Q..
12 around the time that this happened, the 28th of February, end of
13 February or early March?
14.I would say around that time, Ma'am.

A..
15.Around that time?

Q..
16.Nobody heard about it that a Soldier shot an Iraqi. It was

A..
17 not long after we got here, Ma'am.
18.And when did you get here?

Q..
19.We got here the first part of March, Ma'am.

A..
20.And are you stationed here at FOB Danger?

Q..
21.FOB Danger, Ma'am.

A..
22

.

411

017317

1.Do you recall whether you knew anything about whether the

2 Iraqi person was being detained at all?
.

3 A..

No, Ma'am. Like I said, it was my assumption that they
4 were on guard.
5.Doing what?

Q..
.

6 A..

They were doing guard duty. And it could have been an
7 assumption on my part that if they are on guard duty then one of the
8 workers is not an insurgent type worker guy, Ma'am.
9.Okay, well was that the extent of you knowledge, that one

Q..10 report that you read months ago? 11 A..
That is the extent of my knowledge, Ma'am.
12.All right, the reason I ask you these questions Sergeant

Q..
13 Major is again, if you stay as a court member then you must base your
14 decisions in this case solely upon the evidence as it is presented in
15 open court and on the law as I give it to you to apply it to the

16 evidence that find.
17.Yes, Ma'am.

A..
18.Do you understand that?

Q..
19.Yes, Ma'am.

A..
20.Do you believe that you will be able to set aside the

Q..

21 limited knowledge that you have?
.

22 A..

Yes, Ma'am.
23
.

017313
412

1.Knowledge you have from before and base your decision

Q..
2 solely upon what you hear in open court?
3.Yes, Ma'am. I believe I can do that.

A..
4.Okay because whatever you heard before is not evidence.

Q..
5.Right, Ma'am.

A..
6.You understand that right?

Q..
7.Right, Ma'am.

A..
8.And you may or may not see this report that was made.

Q..I

9 doubt it, frankly, because what we want to have at this court-martial
10 is evidence presented from people who were there and that know the
11 accused, right?
12.Right, Ma'am.

A..
13.Do you have any hesitation at all about your ability to be

Q..
14 fair and impartial and base your decision solely upon the evidence as
15 proved in open court?
16.Ma'am, I have no hesitation at all, Ma'am.

A..
17.

MJ: All right. Government, do you have any questions?
18.

TC: No, Ma'am.
19.

MJ: Defense, do you have any questions?
20.

ADC: No, Ma'am.
21

1.

MJ: All right Sergeant Major, what I would like for you to do
2 is to return to the deliberation room and again send in Command
3 Sergeant Major4111111. 4:57:3
4 [Command Sergeant Major... withdrtg from the courtroom, and
5 Command Sergeant Major... entered.

courtroom and was seated.]
6.

MJ: Please be seated.
7 [All parties did as directed.]
8 MJ: Command Sergeant Major1111111 has reent ed the courtroom.
9 All other members are absent.

10 INDIVIDUAL VOIR DIRE OF COMMAND SERGEANT 11 Questions by the military judge:
Q..
13 before but we forgot to.
14.Earlier you stated that you knew that the events that are
15 the subject of this court-martial had happened. Do you recall that?
16.Yes, Ma'am.

12.Sergeant Major, we should have asked you these questions

A..
17.What is the basis of your knowledge?

Q..
18.Just the SIPR report that showed that there was an incident

A..
19 such as this. No real details or anything to that nature. Just that

20 it happened, Ma'am.
21

0173 '0
414

1.Okay, but you remember reading a SIPR report probably

Q..
2 shortly after it happened?
3.Yes, Ma'am.

A..
4.And were you already here in Iraq or?

Q..
5.I was already in Iraq, yes, Ma'am.

A..
6.Where are you stationed, Sergeant Major?

Q..
7.I am here on FOB Danger, Ma'am.

A..
8.To the best of your recollection, what did that SIPR report

Q..

9 say?
10.Ju8t that an IZ was killed by a Soldier. Not necessarily

A..
11 did they mention the Soldier's name or anything of that nature.
12.When you say, '4EZ" what are you referring to?

Q..
13.Iraqi civilian, Ma'am.

A..
14.There has apparently been some articles in the Stars and

Q..
15 Stripes or Army Times or otherwise referencing the events of this
16 court-martial. Have you read any of those articles?
17.No, Ma'am. We very seldomly get the Army Times and I don't

A..
18 regularly read it, no, Ma'am.
19.Other than that one SIPR report that you had gotten,

Q..

20 probably at the beginning of March, have you had any discussions with
21 anyone?
22.No, Ma'am.

A..
23

11/ r") 1
415 t
Q..

1.Or any other information about this?

A..

2.No, Ma'am, not to my recollection, Ma'am.

Q..

3.Do you recall whether the SIPR report said anything about

4 whether the Iraqi civilian was being detained in any way?
.

5 A..

Ma'am, I really don't remember all the details of the--all
6 I do remember is, as I stated, that an IZ was killed by a Soldier.
7 It didn't mention the Soldier's name. It didn't really have any real
8 details in the SIPR.

Q..

9.Okay, well it sounds like it may have been related to this

10 event, on the other hand it may not have been. The critical thing,
11 Command Sergeant Major, is that if you are a court member, then you
12 are required to base your decisions in this case solely upon the
13 evidence as it comes out in open court and upon the instructions on
14 the law as I give them to you.

15.Are you convinced that you would be able to set aside the
16 knowledge that you have from the SIPR report and base your decision
17 solely on the evidence as it comes out?

A..

18.Oh, yes, Ma'am, most definitely.

19.Okay because you understand the SIPR report is not

Q..

20 evidence.
.

21 A..

Yes, Ma'am.
22

416.017322
1.Unless one of the parties puts it into evidence.

Q..

.

2 A..

Yes, Ma'am. I know that it just reports incidents as they

3 occur not necessarily as any definitive information that is on there.

4 Only that there is an incident that has occurred.

Q..

5.Well and that is a good point. They are not always

6 absolutely accurate, are they?
.

7 A..

Yes, Ma'am.

8.All right, so are you satisfied or do you have any

Q..

9 hesitation at all about your ability to be fair and impartial and
10 base your decision solely on the evidence and the law as I give it to
11.

you?

A..
13.

12.No, Ma'am, I do not.

MJ: Government, any questions?
14.

TC: No, Your Honor.
15.

MJ: Defense, any questions?
16.

ADC: No, Ma'am.
17.

MJ: Okay Command Sergeant Major, if you would return to the

18 deliberation room and please bring in Master Sergeantillillor ask him

19 to come in?
.

20 MEMBER [CSM.Yes, Ma'am. 21 .C9(6) =,--
017323
417

1 [Command Sergeant Major...withdrew from the courtroom, and

2 Master SergeantilliliSan the courtroom and was seated.]
3.

MJ: Please be seated.
4 [All parties did as directed.]
5.

MJ: Master SergeantilliOrhas returned to the courtroom. All
6 other members are absent
7.INDIVIDUAL VOIR IRE OF MASTER SERGEANT
8 Questions by the milit ry judge:

9.Sergeant.

Q..we should have asked you this before and I

10 apologize for not doing so.
11.You had indicated earlier that you knew that this had
12 happened. Do you recall that?

13.I knew that----

A..
14.The events of this court-martial?

Q..
15.Yes, Ma'am.

A..
16.What is the basis for your knowledge?

Q..
17.I had read about it in the paper----

A..
18.Okay.

Q..
19.----and you know, it seemed like that the time I had to be

A..

20 here for this court-martial coincided with the date in the paper.
21

n.r) 4
Q.L104.-1
418

1 Q. So when you say the paper, are you talking about the Stars
2 and Stripes?
3 A. yes, Ma'am.

The Stars and Stripes,.
4 Q. Do you remember what the article said?
5 A.
6 Q. First of all, how long ago was it?
7 A. just about the charges.

It was just real brief,.
8 Q. How long ago was it, ballpark?
9 A. Maybe 3 or 4 days ago.

10 Q. Do you remember what it said?

11 A. I really didn't

It just stated the charges pretty much..

12 read too much into it.

13.Just that a Soldier was----

Q..
14.It had the Soldier's name in it and you know, what the

A..
15 charges were.
16.Okay, so you knew that a Soldier was charged with murder of

Q..
17 an Iraqi citizen?
18.Yes, Ma'am.

A..
19.Apparently it must have said that the trial was going to be

Q..
20 in the beginning of August or something like that?
21.Yes, it said I think the 3rd of August in Tikrit.

A..
22

419

1.So you put two and two together that you were asked to sit

Q ..
2 as a court member?
3.Yes, I thought it would be a possibility since I was told

A..
4 to be here for trial at the same time.
5.Now do you recall whether the article said anything about

Q..
6 whether the Iraqi citizen that was killed was a Soldier, or a
7 militant, or a civilian, or a----
8.It had his name but it didn't--I can't remember--I can't

A..
9 recall if it specified what he----

10 Q. What his status was?
11 A. Right.
12 Q. Okay, and did the article specify whether the Iraqi person
13 was bein g detained at the time?
14 A. I can't recall.
15 Q. It sounds to me, Master Sergeant, like your recollection is
16 p retty vague and sketchy.
17 A. Pretty vague..It really didn't have that much information
18 in the article.
19 Q. All right, do you understand that whatever you read in the
20 a rticle is not evidence in this court-martial?
21 A. Yes, Ma'am..I understand that.
22

0 1 7 3 G
420

1.All right, the government is required to present evidence

Q..

2 in an attempt to try and prove beyond a reasonable doubt that the
3 accused committed a crime in this case. Okay, do you understand
4 that?

.

5 A..

Yes, Ma'am.
6.Now are you convinced, if asked to be a court member, will

Q..

7 you be able to base your decision in this case solely upon the
8 evidence as it is presented in trial and upon the instructions on the
9 law as I give them to you?

10.Yes, Ma'am.

A..
11.So are you convinced that you can set aside whatever you

Q..

12 read in the article in the newspaper and not consider that in making
13 your determination?
14.Yes, Ma'am.

A..
15.Do you have any hesitation in your ability to be fair and

Q..
16 impartial in that regard?
17.No, Ma'am.

A..
18.

MJ: Government, any questions?
19.

TC: No, Your Honor.
20.

MJ: Defense, any questions?
21

421.017327

1.

ADC: No, Ma'am.
.

2 MJ: All right, Master Sergeant.

if you would return to the
3 deliberation room, please.
4 [MSGfiiir ‘11_ drew from the courtroom.]

.

5 MJ: All right, any other requests for individual voir dire?
.

6 ADC: No, Ma'am.
.

7 MJ: All right. Court is in recess.
8.

[The session recessed at 1108, 4 August 2004.]
9.

[The session was called to order at 1112, 4 August 2004.]
10.

MJ: Court is called to order. All parties present when the
11 court recessed are again present. The members of the court are
12 absent.
13.Government, do you have any challenges for cause?
14.

TC: Yes, Your Honor.

15.The government challenges Command Sergeant Major111111,for
.

(sY6),-2-

16 the following reasons:

17.He adequately described on the record that his brother was
18 charged with the crime, some type of homicide crime involving a
19 firearm. Although it happened in 1981 to 1983 and Sergeant Major

S)14c4-1
20.was outside of the country at the time, it is still his
21 brother.
22

01'1 °2'0
JAO
422

1.TC: His brother apparently was involved in the shooting of
2 another individual and the defense in the case was an accident.
3 Apparently his brother was acquitted..

(9)W -1,
4 Regardless of what Command Sergeant Najarian" would be
5 able to say or would be able to try to do in the case, having a
6 family member charged with murder has to affect the person in the way
7 they look at the law and whether or not an accident can occur, an
8 accident may end up being a defense in this case.

9.The government is not sure but clearly the Sergeant Major 10 will hear different defenses in the case and because he is so--his 11 own brother was charged and tried for the offense, it may cast too 12 much doubt in the panel member's mind. 13 Additionally, Your Honor, although I don't----14 MJ: Well lets--oh are you still talking about1111110 15 TC: Yes, Ma'am. . (;) (L\-'1L' 16 MJ: Okay. 17 TC: Additionally, although I don't brings them over the top for 18 any of the three that stated that they weren't witnesses in a court-19 martial, and then later on individual voir dire did state that they 20 were witnesses in a court-martial. I think that that adds to the 21 argument or for the challenge of Command Sergeant Major"... 22
017391

423
TC: The apparent contradiction on whether or not they were

2 witnesses in a court-martial with Sergeant Major.Sergeant
.

3 Major.and Master Sergeant it doesn't appear to the
4 government that they were intentionally lying. It was that either
5 that they were not listening or they didn't fully understand. For
6 the----

7.

MJ: I think they found a distinction between a character
8 witness and versus a substantive witness, but okay.
9.

TC: Yes, Your Honor.
10.

MJ: Okay.
11.TC: But that in addition to the fact that Sergeant Major
12 OMMOOMMIIIbrother was an accused or a defendant in a criminal murder
13 trial would have bearing on whatever he sees during this court.

143

MJ: Defense, any objection?

153

ADC: Yes, Ma'am. The defense does not believe there is
16 sufficient reason to strike him for cause for the following reasons,
17 Ma'am:
18.First of all, he stated that more or less he is not really
19 all that close to his brother. Although he certainly knows that this
20 happened to his brother, he does not know a tremendous amount of
21 detail about it.

22

.

424 017330
ADC: The incident occurred over 20 years ago so it was a long
2 time ago. The Sergeant Major himself doesn't see any;parallels
3 between the situations.
4.And last, Ma'am, the defense in this case, on our part, is

1.

5 not the same as his brother's defense in that case. Our defense is
6 not one of accident. And, so on that basis we are not going to be
7 arguing the same thing that apparently got his brother acquitted so
8 we don't believe that the situations are all that necessarily
9 identical.

10.We don't believe that the Sergeant Major should be
11 disqualified due to that.
12.

MJ: Any other challenges for cause, Government?
13.

TC: No, Your Honor.
14.

MJ: All right. That challenge for cause is granted. I too am
15 concerned about a couple of things. One that he agrees to the fact
16 this his brother was charged with killing somebody with a firearm
17 until late in the game well after I had asked the question about if
18 anybody had a family member who is charged with a crime similar to
19 this. I find that it was very similar in that it was a discharge of
20 a weapon that killed someone.

21
1.

MJ: There are dissimilarities I agree, however, I believe the
2 case for his challenge was made and in light of liberal granting of
3 challenges for cause, this challenge for cause should be granted.
4.Defense, any challenges for cause?
5.

ADC: Yes, Ma'am. The defense would like to challenge Colonel

6 111111111

7 (C)(.°4-Ma'am, though we are cognizant of his responses to the
8 rehabilitative questions concerning whether he could be fair in this
9 case and whether he has any bias against defense or against defense

10 clients. Nevertheless, his commentary that he admitted that he
11 doesn't want TDS in his office raises considerable concern in the
12 defense's mind.
13.We do think that he is biased against the defense in the
14 general sense. So, we would challenge him primarily on that basis,
15.

Ma'am.
16.

MJ: Okay, any objection.
17.

TC: Yes, Your Honor. The government believes that Colonel

18 Imo fully rehabilitated himself, has no bias against trial defense
19 (,-)(6)service, believes that they are a necessary and vital part of the
20 military and the justice system and that he has been fully
21 rehabilitated.
22

017332
426

1.MJ: Well I do recall him saying that. On the other hand he

2 agreed that he didn't want them in his building, both for his benefit

and for TDS' benefit. And again, in light of liberal granting for

4 challenges for cause, that challenge for cause is granted.
.

5 Anything else, Defense?
.

6 ADC: No more challenges for cause, Ma'am.
.

7 MJ: Very well. Government, any peremptory challenge?
.

8 TC: One moment, Your Honor.

9.

[Long pause.]
10.

TC: No, Your Honor.

11.MJ: Defense, any peremptory challenge?
12.

ADC: Just one moment, Your Honor.
13.

[Long pause.]
14.

ADC: No, Ma'am.
15.

MJ: Very well. Court is in recess.
16.

[The session recessed at 1120, 4 August 2004.]
17.

[The session was called to order at 1122, 4 August 2004.]
18.

MJ: Court is called to order. All parties present when the
19 court recessed are again present. The bailiff is getting Colonel
20 111111,and Command Sergeant MajorAIIIIII,
21.

(--L-Yia

017333
427

[COLIIIIIt and CSM NM

entered the courtroom.]

MJ: Colonelllillrand Command Sergeant majorallIllphave
entered the courtroom. All other members are absent.
(*J4 Sir, Command Sergeant Majorill11111, thank you very much for
5 your attendance at this court-martial. You are excused and may

r--

-I) 6 return to your duties, all right? 7 MEMBER [CSM 111111111 •.Thank you, Ma'am. 8 MJ: Thank you.
[COLIIIIIIpand CSM the challenged members, withdrew from the 10 courtroom.] 11 MJ:.ou recall the other members please. 12 [The session adjourned at 1125, 4 August 2004.] 13 [END OF PAGE] 14
017334
428
1.

[The court-martial was called to order at 1125, 4 August 2004.]

2.

MJ: The members of the panel have reentered the courtroom with

(C) 2—

3 the exception of Colonel.­
and Command Sergeant Major
4.Members, you are the members that will hear the evidence

5 and decide the issues in this case. We need to shuffle the seats a
6 little bit to give you a little bit more room and what I would like
7 to do is recess you all for chow and return at 1300 when we will
8 start with opening statements and presentation of evidence. All

9 right? You are released.
10.Court is in recess.
11.

[The court-martial recessed at 1126, 4 August 2004.]
12.[END OF PAGE]

.

429 017335
1.

[The Article 39(a) session was called to order at 1300, 4 August

2.

2004.]
3.

MJ: This Article 39(a) session is called to order. All parties
4 when the court recessed are again present. The members are absent.
5.Defense?
6.

ADC: Yes, Ma'am. Earlier, Ma'am, I understand that you
7 basically ruled that the government could use the demonstrative
8 evidence or should I say, the re-enactors.
9.There is just a couple more points that I would like to

10 raise on the record concerning that.
11.MJ: Okay.
12.

ADC: Essentially, Ma'am, the defense feels that the reenactment
13 has the potential to be very prejudicial and unduly so with regards
14 to its probative value under 403.
15.

MJ: Okay.
16.

ADC: Our concern--our two specific concerns, Ma'am, which I

17 would like to note. The bottom line of concern is that the overall
18 demonstration will not be substantially similar enough to the
19 conditions under which the actual event occurred to be probative of

20 how it did in fact happen.

430 .017336

ADC: The two concerns that I have specifically are one, that the

1.

2 incident itself, when it actually occurred, occurred on uneven

3 ground, uneven terrain, essentially farm land or a field which

4 included in a berm that was anywhere from six to ten inches high,

5 Ma'am.

6.Some of the actors in this event were more or less standing

7 on that berm. I think that has a great impact on frankly just on
8 their balance, just the way they would walk, step, things of that
9 nature. And, that has a great impact on how this scenario unfolds,

10 Ma'am.
11.The second point, Ma'am, is that the victim in this case
12 was wearing some sort of headscarf or bandana. This is somewhat
13 contingent on the evidence but it may come out that that bandana
14 played a role in obscuring PFC Richmond's view of his--of the
15 victim's arms and hands in the event.
16.So those are two specific factors that we would be very
17 concerned about in, you know, in terms of misleading the members in
18 how it happened and them not really getting an accurate idea of how
19 things might have viewed to PFC Richmond, which I think is an element
20 to the benchbook instruction that you are likely to give.
21

431 .017337

ADC: So, I just wanted to raise those points on the record,
2 Ma'am. Essentially move to reconsider our objection, with those
3 additional bases, but we do respect the court's earlier judgment,
4 Ma'am.

.

1.

5 MJ: Well right----
.

6 ADC: I simply wanted to note that.
.

7 MJ: And I see this as that as a motion to reconsider and that

8 is fine.
.

9 ADC: Yes, Ma'am. 10 MJ: Government, do you have a response. 11 TC: Yes, Your Honor.
.

12 MJ: Go ahead.
.

13 TC: The key test is whether or not it aids the witness in his
14 testimony in explaining what the witness--what he saw on the day of
15 the event.
16.The government position is that this will aid the witness
17 in explaining what happened. The problems that the defense counsel
18 has raised, those make the demonstration subject to cross-
19 examination. The defense can handle whatever issues they have with
20 the demonstration through cross-examination.
21

.

432 017333
1.TC: Or, Your Honor, if they wish to, they do not have to, they

2 can present their own demonstration.

3.

MJ: Well they don't have to do that though, do they?
4.

TC: They do not.
5.

MJ: They don't have to present any evidence.
6.

TC: They don't have to do anything, Ma'am.
7.

MJ: This demonstration is going to be done with Sergeant
6-X W-1

that right? With his testimony?
.

9 TC: Yes, Your Honor. (S)M-7(
10.

MJ: And will Sergeant41111111say that a demonstration would
11 help him in describing what happened that day?
12.

TC: Yes, Ma'am.

MJ:

13.All right. I specifically find that a demonstration is

14 relevant under the definitions of Military Rule of Evidence 401 and

15 402 and that its probative value is significant.

163That is the understanding, the events of 28 February is

17 critical for a determination of the members in deciding the issues in
18 this case.

19.Having said that, it is my opinion and finding that the

20 probative value is not substantially outweighed by the danger of

21 unfair prejudice, confusion of the issues, or misleading the members,
22 or by considerations of undue delay, waste of time and needless

23 presentation of cumulative evidence.

433 017339
DOD-040594

1.

MJ: Now, I say that government. I assume this is not going to
2 take 4 hours to repeatedly go over the demonstration.
3.

TC: No, Your Honor.
4.

MJ: Roger. So, as to the two specific issues that you have
b141,

5 raised Captain.'" you will of course be permitted to raise those
6 issues during cross-examination to ensure that the members understand
7 that we are not in a field.

81.

ADC: Yes, Ma'am.
9.

MJ: We are not under a combat situation. We are not recreating
10 the demonstration exactly in the format that it occurred on the 28th
11 of February.
12.

ADC: Yes, Ma'am.
13.

MJ: As to the headscarf, to the extent that you believe that is
14 critical, then you are certainly able to add that to the
15 demonstration during your cross-examination if you desire and point
16 out to the members how that may impact the accused's view of what was
17 occurring during that day, all right?
18.

ADC: Yes, Ma'am. Thank you.
19.

MJ: Any other issues we need to handle before we call the
20 members?
21

434 .017340

1.TC: No, Your Honor.

2.MJ: Defense?

3.ADC: No, Ma'am.

4.MJ: All right. Call the members, please.

5.

[The session adjourned at 1308, 4 August 2004.]
6. [END OF PAGE]

435 .017341

1.

[The court-martial was called to order at 1308, 4 August 2004.]
2.

MJ: Court is called to order. All parties present when the
3 court recessed are again present. The members are also present.
4.Members of the panel, at an earlier session the accused
5 entered a plea of Not Guilty to this Charge and Specification.
6.You are now going to hear opening statement by counsel.

7 You are advised that opening statements are not evidence. Rather
8 they are what the counsel believe the evidence will show in this
9 case.

10.Proceed, Trial Counsel.
11.TC: Colonel.Members of the panel, powerful America
12 sends its powerful military to Iraq to liberate Iraq and is
13 successful.
14.One of the beneficiarie o this liberation was a young

,r) G-LJ

15.Your Mr..

Iraqi by the name of.was a free
16 man and he had a good job. His job was as a cow herder, herding
17 cows, which the military normally sees.
18.You see these sheep herders and cow herders in this
19 country. It is not much of a job, but it is a living and it appears
20 that this herding cows is an honest living.
21

436 .- 017342

1.

MJ: But Mr.1111111 on the 28th of February was about to begin

2 his job in the daylight hours. He was in the village of Taal Al Jal
3 in the area of operations for 1-27 Infantry Regiment out of--which is
4 part of the 25th Infantry Division's 2nd BCT.
c5)p-Lik

5.Mr.111111, on the morning of the 28th, right around
6 daybreak, walked outside the village. He walked with his cowsc.5ya_kl
7 outside of the village. The cows were walking and so was Mr. 411111
8 He was basically following the cows.
9.They walked out of the village with his cows and they went

10 into this large field outside the village. He walked to about 100 to
11 200 meters outside of the village and he started to do his job. He
12 was watching his cows.

MG)-(f

13.Mr. Imp had no weapons on him. He was--it was a little

0

14 chilly because it was February and he was wearing a green and gold

I •
15 sweat suit, some cheap looking shoes and a tattered looking jacket
16 and a scarf like the scarves that you see Iraqis wear.
17.As he was out there watching his cows, he noticed in the
18 distance just a couple hundred meters away in another direction that
19 there were American Soldiers out there. There were a couple of
20 American Soldiers out there. Apparently they were doing something
21 and Mr. liftwas going about his own business.

22.N64-`1

017343

437

1.TC: He was just watching his cows and not doin nything
2 suspicious at all. About 8:30 in the morning Mr. 1111111,noti d that
3 two Soldiers were walking towards him. Two American Soldiers wearing
4 Kevlar helmets, wearing their body armor, wearing--and carrying
5 weapons, carrying M4 rifles.
63As they approached, Mr.4111111punderstood that they were
7 walking towards him with the intent of talking to him. Mr. Imp
8 then watched them walk toward him and as the two Soldiers approached,
9 one Soldier said something, but it was English and Mr.11111. didn't

10 understand it and the Soldier raised his arms. 11 Mr.IIIIII, once the Soldiers raised his arms, in a 12 reflexive action, raised his arms as well. The first Soldier then 13 put his arms down and Mr.IIIIII put his arms down as well. 14.The Soldier said something else that made him a little 15 angry and he raised his arms again. Mr..
then raised his arms
16 to his side making a T 'shape and kept his arms out to the side.
17.Now this first Soldier was walking directly towards M
18.Mr.111111,watched both of them walk towards him..

of the

19 Soldiers.d his weapon, his M4 rifle, at the ready..other
20 Soldier was a.low ready, or he just had it slun
21

017344

438

DOD-040599

1.TC: Soldiers can sling their M4s basically along their body
2 armor where they can use thetr---h-Alids and that is wh-a-t„...this first
3 Soldier was doing.
4.Mr..

is--in one of the Soldier's hands in the white
5 flexi-cuffs that is used to detain Iraqi detainees. mr.411111 just

.
6 watched him. He still had his hands up. As the first Soldier, the
7 one that he initially had spoken to walked over to him to stand in
8 front of Mr. 41111111 Mr.IIIIII just stood there.
9.Meanwhile, the second Soldier moved over beside Mr.1111111

10 about 1 to 2 meters away, still at the ready with his weapon. This
11 caused them to be facing each other, the first Soldier and Mr. 11111/.

67

12 The first Soldier took one of his hands and did a light pat down very
13 quickly of Mr.11.111. And at 'that point, the first solider turned
14 Mr.41111, around and did the same thing, a light pat down to his
15 back.
16.At\Vais point the first Soldier had his weapon slung so he
17 could use both h ds so when the first Soldier took his hands and pu
18 therri on top of the ar.

f Mr. 11111111 and moved him down. Mr.

//

19 who didn't resist with hiiNarms or legs or shoulders--he resisted a
20 little with his arms. He was '112,ing that he was going--to be
21 detained.
22

.

017345
439

(-5)0'k—

TC: The Soldier, who was much bigger, much taller, much
heavier, easily overpowered Mr.111111pland placed the--placed
3 1111110wrms behind him in preparation of the flex-cuffs.

Mr.IIIIIIIkas still a little upset that he was going to be
5 detaine so he struggled a little bit with his hands and arms. He
6 kept the same place with his feet and didn't try to run or anything.
7 He was just trying to not allow the first Soldier to put the flex-
8 cuffs on.
9.At this point the first Soldier was having difficulty

10 placing the flex-cuffs on. He had the right flex-cuff and he had
11 already made a loop to place around both writs of Mr.behind

.5)/0-4

12 his back, however, Mr. wa not really cooperating with what the
13 first Soldier was wanting to d
14 i At this point the fi t Soldier decided that he was going
15 to use his security to help h'm and he told his security, the second
16 Soldier, to raise your weapon.
17.The Soldier complie . He was told to raise his meapop to
18 the high ready, and you will ear testimony about what exactly the
19 high ready is. Soldier raise his weapon to the high ready and
20 points his weapon to Mr..He points it towards his chest.
21

017346
440

oto
1.TC: This caught Mr..attention. He shifts on his feet
2 for a few seconds and grabs both of his wrists probably using the\
3 cuffs of the jacket or the shirt of Mr.eallt He grabbed him, pA,
4 the flexi cuffs on Mr. 1111111 behind his back, and raised, with one \
5 hand on him, and raised Mr. allialarms back up behind him while a
6 the same time he zipped the flexi cuffs tight, zipping them real,
7 real tight.
8.At that point he let go--the first Soldier let go of the
9 bounded arms of Mr. 11111111and let them go back down to his back and

10 he had detained the individual with the flex-cuffs. The first
11 Soldier then grabbed Mr.11111111110 left arm and patted him on -*the back,
12 just once and looked back to hiis right to see that the second
13 Soldier, who at that point was at the high ready, was looking over
14 the M68 scope, the first Soldier saw the full face of the second
15 Soldier and said, "He's good. Let's go"
16.Meanwhile, he is turning Mr. ginand he recalls Mr.111111
17 looking at him just for a brief second, and then they were starting
18 to walk forward. And although the ground is uneven, they are walking/
19 forward. Mr. 11111 walks two steps and a head on round impacted and
20 goes through the bac of his head: Mr..

is now dead.
21

...
441 017347
DOD-040602
1.TC: Mr..

then falls to his knees and then he falls to his
2 back, dead before he reaches the ground probably.
3.This first Soldier, whose ears are deafening because of the
4 sound of the shot, didn't exactly know where it came from but it was
5 a loud shot that he heard.
6.He turns around and looks at the second Soldier and the
7 second Soldier is already has his weapon down and the second Soldier
8 said, "He jumped at you." Or, "He came at you." It was something to
9 that effect.

10.And the second Soldier was Private.First Class Richmond,
11 the accused in this case. Private First Class Richmond is a member
12 of 1-27 Infantry and the mortars platoon.
13.Prior to leaving Hawaii and coming to Iraq, he had told
14 several other Soldiers that he was going to get an Iraqi, that he was
15 going to kill an Iraqi. Now a lot of Soldiers do that, but Richmond
16 seemed a little more serious than others.
17.On the morning of the 28th, PFC Richmond was part of a
18 mission that I have just described. It was actually a raid inside of
19 this village and PFC Richmond's mortar platoon or mortar squad was to
20 conduct a tactical control point and to cordon outside of the village
21 a couple hundred meters away.
22

0-17348
1.TC: PFC Richmond was part of this mission. He was decked out
2 in the full compliment of infantry combat gear. He had a knife, he
3 had a mask, and his job was to be part of the TCP.
4.Before PFC Richmond actually went out into this field, one

Soldier asking, "Can I shoot that guy?" Or, "Can I shoot him. There
6 is an Iraqi leaving the village. Can I shoot him?" Some thought he
7 was joking when he said, "Can I shoot him?" But it was an hour a
8 later when Mr. IIIIII, just tending his cows, when PFC Richmond
9 brought down.

10.The government's position is that PFC Richmond watched him 11 the entire time of this detention. Watched the flexi cuffs being put 12 on and once the Iraqi started walking away, he may have stumbled, but 13 he did not lunge, he did try to attack, he did not make any attacking 14 moves towards the first Soldier, who is Sergeant 111111, who you will 15 hear from today. PFC Richmond just wanting to kill _an Iraqi, and he 16 accomplished that. 17.At the end of this trial the government is going to ask 18 that you, the members of the panel, to find PFC Richmond guilty of 19 unpremeditated murder. 20.Thank you. 21

443.017349

1.

MJ: Just a minute defense. May I see Prosecution Exhibit 7,

2 please.
3 [The reporter handed the military judge Prosecution Exhibit 7.]
4.

MJ: For the record, during his opening statement the Trial
5 Counsel used Prosecution Exhibit 7, 1 of 10, 8 of 10, and 10 of 10,
6 during his opening statement.
7.Defense, do you have an opening statement now or do you
8 wish to reserve?

.

9 DC: At this time, Your Honor.
10 MJ: Very well, please proceed.
11 DC: This is not a murder case. This was not a murder. Tragic
12 and unfortunate, yes. But it was a killing in a time of combat.

13 Private Richmond shot Mr.11111!land Mr.111111,is dead, but this was
(91(e)Vtl, "."/

14 not a murder.

Mi[01R-

15.Colonell111111, members of the panel, hindsight,
16 unfortunately, is always 20-20. The government will present evidence
17 and facts to you all during the course of this court-martial. And
18 while all those facts are important, those are the facts that are
19 presented to the court today, on August 4th, 2004. What the defense
20 would like the members of the panel to consider is what PFC Richmond
21 knew at that time on the 28th of February.
22

017350

444

1.DC: What was going though Private Richmond's state of mind?

2 What did he know before the 20-20 hindsight? Defense asks you to

3 consider that because at the conclusion of this court-martial the
4 military judge will instruct you that you will need to find PFC
5 Richmond guilty beyond a reasonable doubt.

6.One of the elements of the offense of which he is charged
7 is that this killing was unlawful. In looking at the lawfulness of
8 the killing, you are tasked to consider what Private Richmond's state
9 of mind was. What was going on in his 20-year old infantryman's

10 head.
11.He had only been in the country of Iraq for 3 weeks. He
12 had only been in the Army for approximately 24 months. During that
13 time, preparing with his comrades back at Schofield Barracks to come
14 over here for this mission.
15.So what did Private Richmond know? Like any Soldier he had
16 been briefed on the rules of engagement and the rules for the use of
17 force. He had been briefed back in Hawaii with his squad while a
18 member of the mortars platoon and he also received a briefing once he
19 arrived up in Kirkuk up at FOB Warrior and once he arrived at FOB
20 McHenry.
21

0 7351
445

1.DC: In addition to the standing ROE that the Soldiers had been

2 briefed previously for wartime missions, they were also briefed

3 before each mission.

4.Sometime between the 18th of February 2004 and the 28th of

..)1

5 February 2004 when Mr...was actually shot, the rules of
6 engagement for the mortars platoon changed significantly. They were
7 changed. They were clarified. They were ratified.

8.The one thing this unit did not change was Private

9 Richmond's right to defend himself or to defend one of his comrades
10 who was in danger or who was in trouble and they had been briefed on
11 that. They had been briefed on the rules for the use of force.
12.On the 27th of February Private Richmond was selected to go
13 on a mission for the next day, the 28th of February. After a full
14 day of work Private Richmond and some of the other members of his

(6)10-7---

15 squad were hauled in to see ergeant NW, E,5. Sergeant
16.Sergeant.h d come from the brieffrig about this Alpha
17.tars was

Company mission the next day. Now this specific group of.
18 attached to Alpha Company to support their mission. Sergeant NM
19 briefed the Soldiers, including PFC Richmond, that this was a high
20 priority mission. They were asked to get some high value targets.
21

446.017352

1.DC: They were going to go on a raid of the village and their

2 mission was going to detain four to six Iraqi individuals who were
3 identified on high value target lists. That is what the Soldiers
4 were briefed.
5.So they knew it was a high value mission. They received
6 this briefing at approximately 2230 that evening. The SP time for
7 the mission was to start at 0345 the next day.
8.All that is important, what was the most important, was
9 that Sergeant tttnde.fing by the Alpha Company

10 Commander.Sergeant.came back to brief the
11 Soldiers and what told them differed quite deceivi gly from what the
12 ROE was on the 28th of February. But Sergeant.told Private
13 Richmond and the other Soldiers that were going on this mission was
14 that they would shoot anyone fleeing the village.
15.That is what they were told. That was the information that
16 was put out. The witnesses that the government will call will tell
17 you that that was unusual and that that surprised them. Specialist

b)(0-2,

18 momand Specialist.will tell you that that part of the
19 ROE was very different from anything that they may have heard or been
20 briefed before.
21

017353
447

1.DC: But, since this had come down from higher and because it

0(0-7_

2 had come down from Sergeantaing they didn't question it. They

3 noted it, but they didn't question it. They are junior enlisted

4 Soldiers tasked with doing a mission. So that is what they knew that
5.

day.
6.Private Richmond went to bedl He and his comrades got a
7 couple of hours of sleep and Specialist(i61111, and Specialist

.

8 will tell you that. Requesting that they be there at 0345,

9 the hit their SP time to head out to the village.

10.Their job that day, specifically the mortars platoon, the

11 mortars squad, was to set up traffic control points at the northern
12 and southern parts of the village.

13.The government witnesses will also tell you that what their
14 mission was, was to stop anybody from entering the village, anybody.
15 And to stop anybody from exiting the village. That Alpha Company
16 needed them to set up these TCPs so that their mission wasn't
17 interpreted and that they could get the folks that they were
18 attempting to apprehend that day.

19.So that is what the Soldiers did. As the mission was going
20 on in the town the members of Private Richmond's squad, including
21 Private Richmond and Sergeantallillfwere setting up the traffic

22 control point. (9((-
23
448 .017354

1.DC: They saw a farmer leaving the village. They saw him

2 leaving the village as the raid was;going on in the village. He was

3 walking from the village going out to the field.
(AP

4.Private Richmond asked Sergeantaillp "Hey Sergeant, can
5 I shoot that guy. That guy, do you want me to shoot?" Private
6 Richmond asked that because the Soldiers had been briefed to shoot
7 all males that were fleeing the village.

8.He did the right thing. He sought clarification from his
9 NCO and he was told, "No." No problem, move on.

10.During the raid, the Soldiers were out at the traffic
11 control point as they were tasked to do. And, what they can hear
12 from inside the village is gunfire. They can hear the shouting, in

13 English and in Arabic. They can hear the doors being crashed in and
14 they can hear screaming, and its all coming back to the traffic
15 control point on the outside of town.

16.As these sounds are winding down, a call comes over the net
17 on the HMMWV. The call over the radio instructs them that at that

18 point they are to detain all males fleeing the village. Roger that.
19 Except they weren't quite sure because there was this farmer and
20 other farmers that were out there in the fields.
21

449 .017355
1.DC: So, clarification was sought from higher and the call goes

2 back over the radio, "We've got farmers out here. Do you want us to

3 detain them too?" And the answer is, "Yes."
4.So Sergeant.goes up to Private Richmond and says,

5 "Hey Richmond, come on with me. We have got to detain this guy."
6 Then they go to the closest farmer in the field who happens to be Mr.
7 411111,

asserted in its opening statement

8.7-A.L'Y'''\ Now the government h.

9 that P vate Richmond wanted to kill M.and intended to kill 10.Well when we look at the complete facts of the case, it
Mr.

11 just doesn't make sense.
12.He has told you that MAWS was flex-cuffed. He has
13 told you that there were numerous fn°Olut there on the mission that
14 day. To jump to the step to say that Private Richmond knowingly shot
15 someone who was flex-cuffed with numerous people possibly watching
16 him with an NCO within meters of him just doesn't make sense.

17.Well what does make sense is what actually happened that
WY\

, with both of their weapons

18 day. As they approached Mr..

19 visible to him, he started to resist. He started to shout in Arabic.

20 He saw two uniformed U.S. Soldiers coming towards him with weapons

21 and flex-cuffs.
22

.o_.7350
450

1.DC: He did not just put his hands up. He resisted. He was

playing games. The Soldiers showed them their weapons. They shouted
3 at him to get him to understand and he continued to resist.
4.Sergeant.directed Private Richmond to go to the high

Q1 V1L

5 ready. Again, that is e ctly what.did. But he didn't just tell
6 him to go to the high ready. Sergeant.told Private Richmond,
7 "If he fucking moves, shoot him. Shoot him if he fucking moves."
8 That's what he yelled at him. Private Richmond held his weapon up
9 and he looked though his scope.

10.Mr.IIIIIIPWas resisting. Certainly, he did not want to be

L.51(a)--ls.

11 apprehended b.iliiiiiii;-struggled

hese two U.S. Soldiers. Sergeant
12 with Mr..body had been

Illii;-tto get him flex-cuffed. Mr..

1111M1

-

13 moved back and forth and that was what Private Richmond was seeing
14 when he was looking through his scope. He could see--he was focused

15 on his head like his NCO told him to do.
.

16 What the evidence will show and what Sergeant1111111 will

17 tell you is that as he turned to move Mr. 1111111away, he took one

919--1

18 step and then he took.

cond step and ,-that second step is when
19 he felt Mr..

lean into his righ side. He will tell you that he
20 had to use his weight to push Mr. 111111111back off of his right side.
21

017a57
451

1.DC: What Sergeants". will also tell you is that after the

2 one step, two step, the shove, is when the shot--and it is at that

3 second step when Private Richmond shot Mr.11111111,

4.What are they going to say? What.facts and the
5 evidence show today? They will show you that Mr. .

is flex-
6 cuffed. The facts will also show you that at the time he was flex-

P1GH1

7 cuffed, MAIM, was standing on a berm. He was standing on a dirt
8 berm about 8 to 10 inches off the ground.
9.The facts today will show you--the photographs will show

10 you that it was on uneven ground. It was rough farmland. It was not

11 a smooth field.

12.But the facts will also show you that Mr. allirlidn't have
C6--)1G)---`1

13 any weapons on him. The facts will show you that Mr.ilillp either
(9)1G)-7—
14 leaned into Sergeant1111111, or stumbled into him, and ultimately,

15 the facts may show you that Mr.1111111was an Iraqi farmer. He was

010-).1

16 not an insurgent and he was not a tserrorist.
.4

17 That is what the evidence will show Ppu during the course
18 of this court-martial. What the evidence will also show you is what
19 PFC Richmond, wasthinking at the time. Private Richmond has made

20 statements that the CID agents will tei'Afy about how they got the
21 statement that he gave to them.
22

017358
452

1.DC: What Private Richmond knew at the time was that no real

2 thorough and accurate search had been done on M.It was a
3 one-two pat down on the front and at the. most'a one- wo pat down on

CAL)--"U
4 the back. Why? Because Sergeant...is focuse arresting the
5 detainee because he was resisting.. CS--)/0-(1'

6.The facts will also show that Mr. 11.111was quite clearly
7 resisting; that he was angry, that he had a clear of the Soldier or
8 at least had a clear view of him showing their weapons and raising
9 their weapons. The facts will show you that that is what PFC

10 Richmond knew at the time.

Private Richmond also knew at the time that MAIM, had
12 left the village sometime between 30 and 60 minutes prior to the
13 actual killing. He knew that the village was the focus of the
14 mission and he knew that Alpha Company was looking for high value
15 targets in that village.' He knew that those high value targets were
16 male.

(9((rt

17.The photographs will show you tha r.liglarwas wearing a
18 scarf, as you have already seen. Mr..

was wearing a red and
19 white checked scarf that, at least at the time of his death, was
20 around his neck and flowing down his back several feet in length with
21 the excess part of his scarf.
22

.0359
453

1.DC: The evidence will also show you that Private Richmo d

nt;)tc.v.e_

lk.
2 whether Sergeant.said it or not, never hearO Sergeantill1111
3 say, "He's good. L t's go." Whether or not he said it, PFC Richmond
4 never heard him say that because he was focused on his scope and when
5 he saw the individual in his scope lunge, or move, or stumble, he
6 thought he was going after his NCO.
7.At the time that he acted, Private Richmond was looking
8 after Sergeant... He was using all of the tools and all of the
9 skills that are 04-to him as a 20-year old PFC. He was making
10 decisions based on what he knew at the time.
113Members of the panel, mistakes are not always crimes.'
12 Killings are not always murder. This is not a murder, it is a
13 tragedy.
14.Thank you.
153

MJ: Members of the panel, before I have the government call
16 their first witness, there are a couple of things to say.
173This is a lovely room, but the acoustic4 are funky, so if
18 you can not hear what a witness says, Olease raise your hand or
19 somehow get my attention so that I can ask the witness to speak up
20 some.

21

454 3017360
1.

MJ: Second, the second row is not elevated. What I would like,

2 is in the first row, if you would keep your chairs in the lov:iest

3 possible position and in the second row, if you would keep your

4 chairs in the highest possible position. We did some test runs and

5 that gives you best the opportunity to see the witnesses and judge
6 their credibility.
7.Then the last thing that I would like to tell you is that
8 there are papers in your folder for taking notes. I would encourage
9 you to take notes so that you can have those to refresh your

10 recollection when you close to deliberate.

11.Government, call your first witness.
12 FIRST LIEUTENANT U.S. Army, was called as a

13 witness for the prosecution, was sworn, and testified as follows:
.

14 DIRECT EXAMINATION
15 Questions by the trial counsel:

16.Can you state your full name and your rank, and your unit

Q..
17 also?.

(-91U-1

18.First Lieutenan.

A.., Alpha Company,
19 1st Battalion, 27th Infantry, 2nd Brigade Combat Team, Rifle Company

20 Executive Officer.
21

.017361
455

1.You say, "2nd Brigade Combat Team." From which division do

Q..

2 you come from?

3.The 25th Infantry Division (Light).

A..

4.So your combat team is better known as 2-25 amongst the

Q..

5 division?
.

6 A..

No, Sir, it is 1-27, Wolfhounds.
.

But your BCT?
.

7 Q..

8 A..

Yes, Sir. That is correct.
.

9 Q..

Your battalion is the 1-27 Wolfhounds. Where is--where are
10 the places that your battalion is located?

11.My battalion is split between FOB Gains Mills and FOB

A..
12 McHenry. I am cdrrently located on FOB McHenry.
13.In what area of Iraq is this?

Q..
14.It is southwest of Kirkuk and immediately south of the town

A..
15 of Hawija.
16.Could you briefly describe your job as the Company

Q..

17 Executive Officer?

18.Yes, Sir. I am ultimately responsible for all aspects of

A..
19 the rifle company. I am a resourcer basically all ammunition and
20 uh--in garrison it's more admin stuff. Here in the combat zone I am
21 subunit leader basically for the Commander when he wants to split the

22 elements.
23

017362
456

1.Okay.

Q ..

2.That is pretty much my focus right now.

A..
3.When did your unit and you arrive in Iraq?

Q..
4.I arrove [sic] on January 21st. Actually Kuwait from

A..
5 January 21st until around February 9th when we arrove [sic] in
6 Hawija.
7.And do you recall the morning of the 28th of February of

Q..
8 this year.
9.Yes, Sir.

A..
10.Where were you that morning?

Q..
11.Sir, I was on the south-most sector of the village of Taal

A..
12 Al Jal.
13.And where is Taal Al Jal?

Q..
14.Taal Al Jal is immediately west of the village of Hawija.

A..
15 It is like a satellite city if you will, a satellite village of
16 Hawija.
17.And why were you in or near Taal Al Jal?

Q..
18.Sir, we had a mission that early morning to conduct a hard

A..

19 raid on multiple target buildings in Taal Al Jal. The mission, the
.20 intent of the mission was to take down chief finances of the Fedayeen
21 terrorists cell who were supporting and fighting us in Hawija.
22

.017363
457

1.And who was involved in this operation?

Q..
.

2 A..Sir, we had two attachments and the company pure. The
3 company pure being about a 127 riflemen from my company and an
4 attachment of ADA, which is one Avenger truck, and an attachment of

5 mortars, a section.
6.And what was the mortars section going to do during this

Q..

7 mission?
.

8 A..

Sir, the battalion mortars section and the ADA vehicle

9 was--their mission was to set up a blocking position on the south
10 side of Taal Al Jal. There mission was to basically cordon off to
11 keep us safe within the city. No enemy was to flee the city and no
12 one was to ever go into the city while we were conducting the--while
13 we were conducting our raid.
14.How far was the mortars section positioned from Taal Al

Q..
15 Jal?
16.Sir, it was immediately south on the only road that goes

A..
17 into Taal Al Jal, approximately 250 meters away from the village.
18.And what was between the position of the mortars section

Q..
19 and the actual village?
20.There is nothing, Sir. It was plain view. It was open

A..
21.

field.
22

017364

458

DOD-040619
Q..

1.Do you know Private First Class Edward Richmond?

A..
3.Okay, but you did see him that afternoon.

2.I didn't until that afternoon, Sir.

Q..
4.Yes, Sir. I saw him that afternoon.

A..
5.Do you see him in the courtroom here today?

Q..
6.Yes, Sir. I do.

A..
7.Can you point to him, please?

Q..
8.

[The witness points to the accused.]
9.

TC: The witness has identified the accused.
10.From what you perceived, what happened outside the village

Q..
11 that day?
12.Roughly about 7:30 in the morning, we had just finished up

A..
13 hitting our last target building and there was a shot that rang out
14 from that position's area, the approximate area.
15.Everyone rushed out of the building and immediately the

16 commander called for a SITREP. Basically he wanted to rally up all
17 the leadership because apparently someone had reported to him that
18 there had been a shot fired and there was a man down in the field, an
19 Iraqi. He wanted to rally all the leadership up so I moved to the
20 position of where the shooting occurred.
21

017365
459

1.Other than that, I arrived on scene about 5 minutes later

A..

2 and then----
3.About 5 minutes after the shot?

Q..
4.Yes, Sir.

A..
5.Okay.

Q..
6.Approximately 5 minutes after the shot occurred.

A..
7.And when you arrived, what was your role?

Q..
8.When I arrived, Sir, the Commander was already there and

A..

9 the First Sergeant, who was with me, actually beat me there. He had
10 already cordoned off the area because it was outside of our blocking
11 position.
12.The Commander tasked me to set security up past where the

13 shoot occurred and basically take pictures. I was the only person,
14 the XO, I carry the digital camera on every combat OP and I am tasked
15 to take most pictures. I had the camera that day and he immediately
16 instructed me to start clicking photographs of the body.

TC: Your Honor, may I approach the witness?
18.

17.

MJ: You may.
19.

Q. Lieutenants." I am h4ing you what has been labeled as

OOP

20 Prosecution Exhibit 7..

(9(L)-2

A..
22

21.Yes, Sir.

460.01366

DOD-040621
1.Could you please look through that?

Q..
.

2 A..

Yes, Sir.
3.

[The accused did as directed.]
4.Do you recognize Prosecution Exhibit 7?

Q..
5.Yes, I do, Sir.

A..
6.How do you recognize it?

Q..
7.I took this photograph on the ground that day. This is the

A..
8 way the body way lying when I found it.
9.Okay, you were talking about the 1 of 10, the first page of

Q..
10 the pictures?
11.Yes, Sir, 1 of 10.

A..
12.Okay, would that be the same--you say you took that

Q..
13 picture?
14.Yes, Sir.

A..
15.How about the following nine?

Q..
16.All the other following, exhibits 2 through 10, I took

A..
17 every one of these pictures.
18.Approximately what time after your arrival or how much time

Q..
19 elapsed after your arrival did you start taking pictures?

_

A..
21 passed while we were getting our security out, which was pretty much
22 getting it in place.
23

.

20.It was almost immediate. It was another 5 minutes that

017367
461

Q..

1.Okay.

A..
3 have much time to waste and start clicking photographs."
4.To your knowledge, when you arrived, had Mr. 1111111,body

2.The Commander said, "Get the picture [sic] out. We don't

Q..

5 been moved?
.

6 A..

No, Sir. It was not touched..

(qG Y1

7.So what was the position of.

Q.. body when you

8 arrived?
.

9 A..

This was the position I am looking at in Exhibit 7, Sir, or
10 in - - - -
11.Prosecution Exhibit 7, 1 of 10?

Q..
12.Prosecution Exhibit 7, 1 of 10. This is the way I found

A..
13 the body lying with the leg cocked up slightly, and his body to the
14 left laying on his back and with his head facing north towards the

15.

city.

Q..17.. (q14)--'t
16.There are several photos in there of mram1111/front.
How did that occur?

18.Of his front, Sir?

A..
19.His front side?

Q..
20.His front side?

A..
21.I mean, I'm sorry, of his backside?

Q..
22.Of his backside of where his hands were, Sir?

A..
23.Yes.

Q..
.

462 017363
DOD-040623

1.Well the Commander asked me to roll him over after I had

A..

2 taken many angles of him already, including showcasing angles of his

3 body. I grabbed his left leg and I rolled him from right to left in

4 the field to take a picture of what I had seen.

5.How large was Mr.

Q..
6.Mr..

A..was not a big man at all. I had moved him with
one arm, Sir. So, I rolled him from right to left with my one arm so

8 he is a very light man, approximately I would say about 140 pounds,
9.

Sir.
10.Were there any weapons at or near Mr. 1111111111body?

Q..
.

(9i6)-c-1-
11 A..
No weapons, Sir.
12.When you first got there this morning taking those

Q..
13.was dead?

pictures, is it fair to say that Mr..
14.Yes, Mr.01111,UVdead, Sir.

A..
15.A few seconds ago, you mentioned a picture, can you turn to

Q..
16 the fourth picture in Prosecution Exhibit 7.
17.Yes, Sir. The fourth picture.

A..
18.What is in that picture?

Q..
19.Sir, this is a picture of my First Sergeant's foot. He was

A..

20 marking the shell casing with his foot, where the shell casing laid.
21 The shell casing was never touched.
22

.

463 017369
1.Okay and----

Q..

.

2 A..We actually found it as I was taking all angles of the
3 picture. There is a little small mound between the body and the
4 shell casing and an approximate distance can be measured from myself

5 laying my rifle between the shell casing and the body.
6.Q..

So that:is your rifle in the photograph?
7.A..

That is correct, Sir.
8.What type of a shell casing was it?

Q..
9.That is a 5 5 6.

A..
10.And that goes to a--an M4 uses 5.56 ammunition?

Q..
11.That is correct, Sir.

A..
12.

TC: I am now retrieving Prosecution Exhibit 7.
13.No further questions.
14.MJ: Defense?
15.DC: No, Your Honor. Nothing for this witness..

(4)(0-_
16.MJ: Members of the panel, any questions for Lieutenant1111111,
17 [Negative response from all members.]
18.Apparently not. Temporary or permanent, Government?
19.

TC: Temporary, Your Honor.
20.

MJ: Very well.
21

017370

464

DOD-040625

1 [The witness was duly warned, temporarily excused, and withdrew from

the courtroom.]
3.

MJ: Call your next witness.

(Y?(L1-'2_

4 SERGEANT3U.S. Army, was called as a witness for the
5 prosecution, was sworn, and testified as follows:
6. DIRECT EXAMINATION
7 Questions by the trial counsel:
8.Sergeant...I please state your full name, your rank,

Q..

9 and your unit..(Q(C)-7.
10.My name is Sergeant., E5, HHC, 1-27

A..
11.

Infantry.
12.How long have you been in the Army, Sergeant Waruch?

Q..
13.A little over 6 years.

A..
14.How long have you been in 1-27 Infantry?

Q..
15.A little over a year.

A..
16.How long have you been deployed to Iraq?

Q..
17.Since January 21st of this year.

A..
18.What is your military occupational specialty?

Q..
19.I am an 11 charlie, which is a mortar. A fire direction

A..
20 chief.
21

.017371
465

1.Where did you work when you first deployed to Iraq, where

Q..

2 did you work?

3.If worked.at FOB McHenry outside of Al Hawijah, Iraq.

A..
4.And what was your job?

Q..
5.I was the Fire Direction Chief for the Battalion Mortars,

A..
6.

Sir.

7.What roles idld the mortars play for the 1-27 Infantry?

Q..
.

We provided indirect fire support for the battalion and we
9 also assisted anywhere else on patrols or TCPs.f cw_.3
10.Do you know the accused Soldier in this case?

8 A..

Q..
11.Yes, I do, Sir.

A..

12.What is his name?

Q..
13.PFC Edward Richmond.

A..
14.Do you see him in the courtroom today?

Q..

A..

15.Yes, I do.

16 [The witness points to the accused.]
17.

TC: The witness has identified the accused.
(b)(G)--/--
18.Sergeantaill I turn your attention to the night of 27

Q..
19 February. Were you at FOB McHenry that night?
20.Yes, I was, Sir.

A..
21

017372
466

Q..

1.What occurred late in the evening that night?

A..
3 going to be going out on a mission the next morning. (9(Ci-__
4.Do you know who was leading the mission?

2.I was told by my Platoon Leader, captai90111111 that I was

Q..

•)C1-

5.Captain

A..Alpha Company's Commander.
6.To your knowledge, what was the mission about?

Q..
.

7 A..
We were going to go to obtain about 10 adult males in a

8 city outside of Al Hawijah.

9.And what was--what would be your job and how many Soldiers

Q..
10 would be under you for this mission?
11.My job was to set up.

A..traffic control point, a TCP, on the

12 south side of the city, outside of the city, to stop traffic coming
13 in and out and to search for any weapons on personnel or in any
14 vehicles.

Q..
16.My traffic control point was set up about 200 to 259 meters

15.How far outside of the city or village?

A..
17 outside of the wall that was around the village.
18.And what was the distance between your traffic control

Q.
19 point and the walls of the village?
20.It was about 200 to 250 meters.

A..
21

.0173-73
467

1.And what was between there?

Q..

2.Between?

A..
3.Between your position and the village.

Q..
4.Just the mud wall. Is that what you are talking about?

A..
5.Betweenithe mud-wall and your position?

Q..
6.Oh, just open field. There was a road that led to it.

A..
7.Now your position, how many vehicles do you recall being at

Q..
8 your position?

_

A..
10 an Avenger.
11.When the mission was briefed to you, were there any other

9.There were two vehicles. There was my HMMWV and there was

Q..
12 members that were with you on the mission, were they at the briefing
13 as well?

14.There were no other members of the mortars with me, Sir.

A..
15.Do you recall what the ROE for the mission were?

Q..
16.Yes, I do, Sir.

A..
17.Would you please tell the panel?

Q..
18.ROE for the mission was our standard ROE at the time on

A..
19 hostile intent, hostile actions, our level of force that we would
20 normally use, also added to our ROE was that if there was an adult
21 male fleeing the village that we were to put him down or shoot him.
22

01737,1
468

Q..

1.Well when you took this information and what did you do

2 with it?

A..

3.I said, the exact words that I took out of the OP order

4 from my notes from Captain.and I told the squad that was
5 going with me what was put out. I also added to the OP order, to my
6 OP order to the Soldiers, that if we did see an adult male fleeing
7 the village, which could be a possibility because we were detaining

8 about 10 of them, that they were inform me, if at all possible,
9 before they shot.
10.And who--which Soldiers were working for you for this

Q..
.

11 mission? • 12.I had PFC Richmond, Specialist.
A..Specialist

13 1111111111Corporal IIIIII,
(6

Q. ---Were- —Un--re
15.Yes, there was.

14.other Soldiers at your TCP?

A..

16.What time did you go on the mission the next day?

Q..

17.We SP'd about 0410 in the morning.

A..

18.Approximately what time did you arrive at your position

Q..
19 then?
20.It was about 0445, maybe 0445, so it was about a half hour

A..
21 to get there.
22

017375
469

Q..

1.Once you set up, what kind of activity was there at the

2 TCP?
3.We had some--when we first set up there wasn't anything

A..

4 really going on other than there was gunshots around us from the
5 village. It was really foggy and it was night and we couldn't see
6 anything through the night vision.

Q..
8.Yes, I was, Sir.

7.Were you there when the sun came up?

A..
9.When the sun came up, what was the vision like there around

Q..10 your TCP? 11 A..
It started to improve and the fog was burning off and then
12 by that time, the sun was all the way up. By about 0700 you could
131 see clearly.
14.What if anything did you see in the field once the sun came

Q..
15 up?
16.That farmers, sheepherders and cow herders were starting to

A..
17 make their way out of the city.
18.Did you observe a farmer, a sheepherder, or a cow herder

Q..
19 that you would see later on in the morning?
20.Yes, I did, Sir.

A..
21

017376
470

Q..

1.Would you describe what you saw when you first saw the cow

herder?
.

3 A..They were making their way out, a few of them, on the right
4 5 side of the field or on the right side of my TCP. We sighted in on (9W-31 Mr. Imp He was on the right side of my position about 200 meters
6 out from me.

7.Would you describe what you saw when you first observed

Q..

8 him? What was he doing?
.

9 A..

He was walking cattle.
10.Okay you said he was walking, are you positive that he was

Q..

11 walking?
12.Yes, Sir.

A..
13.Approximately how many cows did he have with him?

Q..
14.I don't really recall, about 10.

A..
15.Did you perceive this person as a threat?

Q..
16.No, I did not, Sir.

A..
17.Did you perceive any weapons or was he carrying anything?

Q..
18.Not that I saw, Sir.

A..
19.How long was he there before anything else happened with

Q..
20 him?
21.About a half an hour or 45 minutes, Sir.

A..
22

0173'77

471

1.And during that period of time did Mr..

Q..anything

2 out of the ordinary, Sir?

.(-910-1
.

3 A..

No, he did not, Sir.
.

4 Q..

What was he doing?
.

5 A..

Staring at us, Sir.
.

6 Q..

What happened next?
.

7 A. With?.

Nw-Lk
8.

Q. With regard to Mr."...

A..

9.From my radio call, Sir?

10.Yes.

4..
11.I got a net call from Black Six, which is Captain

A..

12.Alpha Company's Commander. It was a net call to all
13 stations. The call was to detain all male personnel inside the
14 village.

15.After all the other stations had responded, I came over and
16 told him my situation. I reminded him that I was in the TCP outside
17 the village, that I had farmers outside of my position. If he still

18 wanted me to detain all males. He came back over very firmly told me
19 to detain all males. So at that time I said out loud to the guys

20 that were with me, because we were beginning to have traffic trying

21 to come into the city. I told everyone that we were to begin to
22 detain all males.
23

017378
472

1 Q. Was that the exact word that you used, to "detain" them?

2 A. Sir.

Yes,.
3 Q. Had you detained anyone before?
4 A. Sir.

Yes,.
5 Q. What did you use to restrain them?
6 A. Sir.

Flex-cuffs,.
7 Q. What did you do after this order from the Company
8 Commander, what did you do in relation to Mr. mg

(*4-1

9 A. I did a quick scan around my position to see the adult

10 males in the area, how many we had versus how many of us there were
11.

there.

12.Then I started to notice that of the farmers in the field,
(.1(0)-1
13 I noticed that Mr.111111pwas the closest one to us so he would be the

14 first one that we would go to detain. He was on Richmond's side of

15 the HMMWV where he was pulling security.

16.I said that we were going to go and detain him. I grabbed
.L
17 Richmond because that was his side. Specialist.asked if he

18 could come along too and I said, "No."

19.Richmond had the flex-cuffs and we began to walk through

20 the field and I told Richmond that he was going to pull security and
(016/1

21 I was going to flex-cuff or detain Mr. um
22

017379
473

Q..

1.Why did you make that decision?

3

2 A..

We were still new at this with the detaining and I wanted
3 to make sure that the Soldiers saw from an NCO the right way to do
43

it, Sir.
53And how far away was Mr.4111111phen you started out from

Q.3
6 your TCP?
73He was about 200 meters.

A..

83What uniform were you and PFC Richmondjn at the time?

Q.3
93We were in the desert camouflage uniform with body armor,

A..

10 kevlars, M4 weapons with 68 scopes with pack fours.

113Did the body armor have the SAPI plates?

Q.3
123Yes, it did, Sir.

A..

133Do yau know.if PFC Richmond had any additional weapons?

Q.3
143From what I saw, he had an ASP and a knife on his thigh.

A..
153Where was the ASP?

Q..

A..

163It was on his left shoulder, Sir..

(qU'L\
173Once you decided to walk out to de-4in Mr.111111M how did

Q.3

18 you--what did you do?
3

19 A..We started to walk out and I took the flex-cuffs from
. 20 Richmond. We headed straight towards him. At the time he was facing
21 away from us.
22

3

0173SO
474

1.We got about 50 meters away from him and he turned around

A..

2 and noticed that we were coming towards him. He started speaking in
3 Arabic very firmly and very loudly, not yelling, but he seemed to be

angry or distressed about that we were coming towards him and I am
5 assuming that he could probably see .that--see that I had flex-cuffs
6 in my hand.
7.Then when we began to approach the individual, I raised my
8 hands. I had my weapon slung. Richmond had his weapon at the low
9 ready. It was about belt length, but stock under his arm, muzzle at

10 the ground. I had my weapon slung but hanging somewhat in the low
11.

ready.

(S)((.)%1
12.I put my hands in the air to signal to Mr.4111141 to put his
13 hands in the air. He did so. When I put my hands down, he mimicked
14 me and put his down. When I put them back up in the air and
15 signaled, you know, to keep them up and I put them down and he began
16 to put them down again and then kept them out to the side. That was
17 good enough for me because I don't speak Arabic and all I wanted was
18 to see.

ands.
19.When he kept them out to the side, do you mean that his

Q..
20 arms were raised to a horizontal position? [Raised his arms to his
21.

shoulders.]
22.Just like that, Sir.

A..
23

017381
475

1.Kind of like a T position?

Q..

A..
3.How far away from him were you at this point?

2.Yes, Sir.

Q..
4.We started to do that at about 50 meters, about roughly

A..

5 about 50 meters, and we started walking slowly towards him as I was
6 signaling to him. He seemed to be cooperative at the time so we
7 continued to approach him.

Q..

9 Please describe what those flex-cuffs look like.
10.They are a long white strap with a receiving and on one

8.You say that you took the flex-cuffs from PFC Richmond.

A..
11 end, the flex-cuffs, the long white strap has teeth on it and then
12 inside the box, the receiving end has a tab that grabs ai hold of
13 them. You can put them in one way but then you can't take them back
14 out.
15.

TC: I am showing you what--I am handing you what has been
16 labeled Prosecution Exhibit 11 for identification. Can you please
17 take a look at it?
18.

[The witness did as directed.]
19.Do you recognize those?

Q..
20.Yes, I do, Sir.

A..
21

017382
476

1.What is it?

Q..
2.This is the zip-strip that I used that day.

A..

3.Is it an identical zip-strip as the one that you used on

Q..

4 the 28th of February?
.

5 A..

Yes, it is.

Q..
6.Now what kind of preparations did you make in order to use

this zip-strip? Would you first describe i , what you would do
8 without actually demonstrating it?

A..
9.Okay, I would start to adjust it. I would adjust it about

10 as big as my hand so I could put the two hands through it. So, it is

11 already ready to go, all I have to do is put it on and pull it.
12.

TC: Okay, could you go ahead and start it from where you are
13 sitting?
14.

[The witness did as directed.]
15.

TC: Let the record reflect that the witness has started the

16 zip-strip by placing one end through the clasp end and pushed it
17 through about 8 to 10 4nches creating a loop or a noose, if you will.
)((9)-.2-

Q..

19 encounter with Mr. illillywas the zip-strip in that particular
.

18.Sergeantialli, at this time, at this point in your

6.)(6)-1

20.

configuration?
21.Yes, it was, Sir.

A..
22

.

477 0173'33
DOD-040638

Q..made any sudden moves

1.At any point thus far, had Mr..

2 or any moves at all with his legs?
.

3 A..

No, Sir.
4.Okay, you were facing him and e was in a in a T-position

Q..

5 with his arms out. What happened nNatl
6.We both approached Mr.1111111 I pointed to the ground and

A..
7 then said, "Pull security here." I said that to PFC Richmond. It

8 was about 3 meters off to my right.
9.Can you speak up.

MEMBER [LTC.

9(0-7_
I told PFC Richmond to pull security off to my right. It

10 A..
11 was about 3 meters off to the right of myself and Mr.

12 approached M.and ran my hands across his arms that were still
5)(°\'`-\

13 up, around his collar, down his front, along his belt. I signaled
14 with my finger for him to turn around and he did so. I did the same
15 to his back.
16.I crossed his arms, around his collar, down his back, and
17 on his belt. He didn't have anything. I put my right hand on his

18 right shoulder. I put my left hand on his left wrists and attempted

19 to pull his wrist behind his back to put him in the flex-cuff. He
20 had not given me his hand. He resisted me by just keeping his hands
21 spreaded in the air.
22

017384
478

1.He wouldn't let me pull them behind his back. At that time

A..

2 I looked at PFC Richmond and I told him to put his weapon up. He put

3 his weapon up to the high ready, looking over the scope and the
4 barrel was shoulder or chest range of Mr. OM
5.Then I pulled firmly on Mr..eft arm and forced it
6 behind his back. At that time I ralp my,right hand down to his right
7 wrist and he willingly gave me his right arm. I attempted to start

8 putting him in the flex-cuffs and he was fighting his hands. He
9 wouldn't let me put,him through the hole in the flex-cuff. After a
10 brief struggle with that, I had finally got both of his hands in

11 there and zipped it up really fast and had gotten both hls h'ands in

12 there.
13.At that time he relaxed. I leaned over his left shoulder,
14 kind of turned to the left side of him, looked at him, looked at
15 Richmond, patted Mr. IIIIIpon the shoulder and I told Richmond, "He's

.

-)W1

16 good. Let's go."
17.At that time Richmond began to lower his weapon. I grabbed

with my right arm on his left bicep, turned him to my left

18 Mr..

19 and began to walk pretty much from behind us. We took about two
20 steps and a rifle discharged from behind us.
21

017385
479

1.Let me back up a little bit. You stated that you looked at

Q..

2 Richmond after you had completed the flex-cuff motion. What did you
3 see when you looked at Richmond?
4 407\ A..

Richmond was--had his weapon at shoulder-chest area of Mr.
5 imp The butt stock was in his shoulder. He was at the high ready
6 looking over the top.
73Did he see you or did you not see his face?

4.3
83I saw his face, Sir.

A..
93Where in relation was the scope of Richmond's M4 with--in

4.3

10 relation to PFC Richmond's eyes.

You mentioned that Mr. IIIIIIMIstruggled with his hands and

11 A..The scope was not on his eyes, Sir. The scope was probably
12 down here while he was looking over the top of his rifle.
OIL:1mm

Q..
14 with his hands with his zip-cuff. Did he struggle in any other way
15 with any other parts of his body?
163No, Sir.

133

A..
173When you did the brief pat down on the front and on the

Q..
18 back, did you notice anything at all within his clothing, anything at

19 all there?
203No, Sir.

A..
21

017386

480

1.When you stated to PFC Richmond for him to put his weapon

Q..
2 out or raise your weapon, did you say anything else?
3.No, Sir.

A..
4.Would there be any reason that either one of your weapons

Q..
5 would be off safe during this encounter?
6.No, Sir.

A..
7.When would you take it off safe?

Q..
8.If I intended to discharge my weapon, Sir.

A..
9.How was Mr. 111111Wrelaxing when after--once you completed

Q..

(ACP-A

10 the zip-strip and secured nis wrists together, how was Mr...1p 11.. (G)P--\
acting then?
12.He--before he was in the zip strips his body was tense.

A..
13 After I got him in them, I patted him on the shoulder and looked at
14 him and his muscles relaxed in his arms and back.
15.As you took--you say that you took steps or you talked

Q..
16 about the turn, can you go ahead and relay what happened from the
17 time you had his arm and you were turning him just after you said
18 that he was good and let's go.
19.I grabbed his left bicep in my right hand and I kind of

A..
20 turned him around to my front and then we both turned putting him to
21 my side and we started to walk. We walked about two steps and then
22 the rifle discharged behind us.
23

017387
481

1.What was the sound of that?

Q..
.

2 A..

It was the loudest I have ever heard an M4. It hurt my
3 ear. I lost my hearing in my ear for a moment and it seemed like it
4 was very close.

5.What happened next with relation to Mr.

Q..
6.Um--I noticed that Mr..the head. His face

A..was hit.
(C)--kt.

7 turned to all blood immediately..wasn't sure what was going

e u
8 on. I knew that a bullet had passed next to my h.

I ducked down.
9 Mr.IIIIIIIrell to his knees. I looked back and Mr.111111, fell to his
,C)(cl

10.

face.

11.I looked back and I saw Richmond standing behind us with

12 his weapon pointed at the ground and the only thing he was holding
13 his weapon with was the pistol grip and he had his other hand in same
14 manner but with nothing in it, with a look--with a look of shock on
15 his face. I said something along the lines of, "What the hell did
16 you do? What happened?" And he said, "He jumped at you."
17 Q..Had Mr. Illtrjumped at you?
9[C=1"-1

A..

18.No, Sir.

19.A few seconds ago you said that Mr. 11111Prfell on his face.

Q..

20 Is that a correct statement?
.

21 A..

He fell to his knees and then he fell forward on to his
22 chest and head.
23

017388

482

DOD-040643
Q..
.

1.Fell forward on to his chest.

2 A..

Yes.
3.

TC: Your Honor, may I approach the witness?
4.MJ: You may.

TC: Sergeant.

5.I am handing you Prosecution Exhibit 7.

6 Can you please take a look atdit? There are 10 pages. Please
7 quickly look through it.
8.

[The witness did as directed.]

Q..10 A..
9.Have you finished looking through them?

Yes, Sir.

Q..

11.Now in those 10 photographs that you just looked at, was

12 Mr.4111IP in any of those positions of any of those photographs when
13 he fall--after he fell?

A..
15 stop moving right away.
16.

14.Yes, Sir. His initial fall was forward. His body did not

MJ: I'm sorry, I missed that.
17.He did not stop moving right away, Ma'am.

A..

18.Q..

What position did he end up in?

A..
20.

19.He ended up in the position that is on this first page,

Sir.
21

017380
483

Q..
.

1.And that is on his back?

2 A..

Yes, Sir.
TC: I am retrieving Prosecution Exhibit 7.
4.You also mentioned that a few questions ago that the bullet

Q..
5 came by your head. How qlose was Mr...in relation to you when

6 you heard this gunshot?
.

7 A..

His shoulder was touching mine. His head was no more than
8 8 to 12 inches from mine.
9.How tall are you Sergeant

Q• 10 A..
I am 72 inches, Sir.
11.And how tall do you estimate that Mr..

Q.. was? What did

12 he come up to your height?
13.His head was pretty close to mine, Sir. I would say he was

A..
14 probably about 68 or 67 inches.
15.Now when he fell, were the flex-cuffs still on?

Q..
16 A..

.Yes, Sir..

(q(cp1
Q..
18 attacking you?
19.No, Sir.

17.Is there any indication to you at all that Mr.11111. was

A..
20.What was the ground terrain like?

Q..
21.It was a field that they were working. In America it would

A..
22 be like a cornfield before we plant.

23 484 .17 3 9 0
DOD-040645
y;)(41

Q..
2 were walking?
3.No, Sir.

1.Did, Mr.IIIIIImaking any sudden movements at all while you

A..
4.Could he have stumbled?

Q..
5.Yes, as we turned and walked, .he stepped on one of the rows

A..6 and kind of rolled his ankle a little bit and I supported his weight 7 on my shoulder..(949)1 8.when you went through the
Q. When you flex-cuffed Mr. Imp

9 motion of actually tightening it,tcan you describe how you actually
10 did that? Just describe how you did that.
11.How I would put his hands into the tlex-cuffs?

A..
12.Yes.

Q..
13.I hold his hands from underneath so I have control and I

A..
14 lift up so that he can't pull them away and then I put the flex-cuffs
15 on and I tighten them.
16.How far did you lift up Mr. 11111141hands, from say

Q..
17 touching his back, how far up did you pull his arms uP?
18.Probably about 12 inches, maybe less. Enough to have

A..
19 control of his arms.
20.What did you do with your other hand?

Q..
21.My other----

A..
22.You said that you used one hand to lift up, what did you do

Q..
23 with the other hand?

.

485 017391
A..

1.I put tile flex-cuffs on, Sir.

Q ..
3 any sound?
4.Yes, Sir.

2.At this point, when you placed the flex-cuffs on, was there

A..
5.What was that sound?

Q..
6.From the flex-cuffs from the tab grabbing the teeth.

A..
7.Okay with Prosecution Exhibit 11 for identification, could

Q..
8 you demonstrate the tightening of i.he flex-cuffs for sound purposes
9 please?

10.

[The witness did as directed.]
11.TC: Let the record reflect that the zip-strip made a zipping
12.

sound when Sergeant.tightened it.
.

13 May I approach, our Honor.
14.

MJ: You may.
15.

TC: I am now handing you Prosecution Exhibit 9 for
16 identification. Can you please take a lookt at that?
17 [The witness did as directed.]
18.Do you recognize it?

Q..
19.Yes, I do, Sir.

A..
20.What is it?

Q..
21.It is an M4 carbine rifle.

A..
22

.017392
486

Q..

1.Now that is not your particular weapon is it?

A..
3.Would you briefly describe the configuration of the M4

2.No, Sir.

Q..
4 carbine rifle?
5.The M4 carbine rifle has the see through sight in the back,

A..
6 the 68 combat optical scope, with the pack 4 night laser aiming
7 device.
8.Okay where is the scope located on the weapon?

Q..
9.It is right [pointing towards the scope] here, Sir.

A..
10.It is in the middle of the weapon and on top of the weapon

Q..
11 protruding about 3 inches above the weapon?
12.Yes, Sir..

A..

(4(0v-,-
13.Now Sergeant1111111ris this the same type of M4 weapon

Q..
14 with scope that you and PFC Richmond were using on the 28th of
15 February?
16.Yes, Sir.

A..
17.And when you use the scope, how close is your eye, when you

Q..

18 are aiming with a scope, how close is your eye to the scope, to the
19 first ring of the scope?
20.My eye is about 6 to 8 inches from the rear lens of the

A..
21.

scope.
22

487 .017393
1.And when you are actually using the scope, how does the

2 scope work?

3.It has a red optical dot inside of it, an adjustable dot

A..
4 and you just put that on the target.
5.And if you shoot then that is where the bullet goes,

Q..

6 wherever the red dot is?
.

7 A..

Wherever the red dot is, the bullet will go.
8.Do you actually need to use the scope if you are using the

Q..

9 red dot?
10.It's actually not a scope. It doesn't magnify. All it

A..
11 does is gives you a field of view for the red dot.
12.From a short range, 5 meters or less, do infantry Soldiers

Q..
13 normally need to use the M68 scope when using the weapon?
14.No, Sir, we do not.

A..
15.Would you describe the high ready position again?

Q..
16.The high ready would be the but stock in your shoulder, and

A..
17 the weapon up and at chest level, eyes over the scope, both eyes
18.

open.
19.When you said, "He's good. Let's go." How loud did you

Q..
20 say that?
21.About as loud as I am speaking now. I mean, a little

A..
22 louder, enough for Richmond to hear me.

017394
488

1.And during this encounter with Mr.411111poutside of the

Q..

2 village, did you hear any noises from inside thOMIage?

3.At the time that we were detaining Mr.

A..

Q..
5.

4.Yeah.

A..

A minimal amount of noises. We could hear some commotion
6 going on inside the village.

Q..

7.Besides cows and maybe a telephone pole here and there, how

8 far away were you from anything else except for the field?
.

9 A..

The closest thing to us was my TCP about 200 meters away
10 from us.

11.TC: I am retrieving Prosecution Exhibit 11 for identification.
12 I'm sorry, Prosecution Exhibit 9 for identification.
13.No further questions.
14.

MJ: Defense?
15.CROSS-EXAMINATION
16 Questions by the defense counsel:

17.Sergeantlia, you know PFC Richmond?

Q.
18 A..

Yes, I do.

Q..

20 for you, had he?
.

19.Prior to the February 28th, he had never worked directly

21 A..

That is correct, Ma'am.
22

.00395

489

1.This is the first time that you had any supervisory role

Q..

2 over him?

3.As I recall, Ma'am.

A..
4.He knew that you were an NCO?

Q..
5.Yes, Ma'am.

A..
6.You attended a briefing on the evening of the 27th of

Q..

7 February?
.

8 A..

Yes, Ma'am.
9.That was a pre-mission brief?

Q..
10.It was an OP order brief, Ma'am.

A..
11.And Captain.

Q..gave you that OP order brief?
.

12 A..

Yes, Ma'am.
13.And he told you that the group was authorized to shoot any

Q..

14 males that were fleeing the village the next day?
.

15 A..

Yes, Ma'am.

16.He told you to put them down?

Q..
.

17 A..

Yes, Ma'am.
18.You briefed that to your own Soldiers?

Q..
19.Yes, Ma'am.

A..
20.And that briefing was about 2200?

Q..
21.Yes, Ma'am.

A..
22.It lasted for approximately 30 minutes?

Q..
23.Yes, Ma'am.

A..

.017396
490

Q..

1.And the SP time for the mission the next morning was at

2 about 0410?
.

3 A..

Yes, Ma'am.
4.You told your Soldiers the exact words that Captain

Q..

5.told you, didn't you?
qta)-7_

A..
7.Because you had taken careful notes in your notebook?

6.Yes, Ma'am.

Q..
8.Yes, Ma'am.

A..
9.You confirmed that each of your Soldiers understood these

Q..10 orders after the briefing? 11 A..
Yes, Ma'am.
12.And Private Richmond was one of these Soldiers that you

Q..

13 checked with?
.

14 A..

Yes, he was, Ma'a
15.And he didn't have any confusion about the orders that you

Q..

16 had given him, did he?
.

17 A..

He understood, Ma'am.
18.Now your Platoon Leader taught you to shoot if there is a

Q..
19 hostile act or if there is a hostile intent? Isn't that also right?
20.That is our ROE, Ma'am.

A..
21

017397
491

1.That the ROE says that you are authorized to shoot if there

Q..

2 is a hostile act?
.

3 A..

Yes, Ma'am.
4.And the ROE says that you are authorized to shoot if there

Q..

5 is a hostile intent?
.

6 A..

Yes, Ma'am.
7.And the person who makes that judgment for a hostile act is

Q..

8 the individual Soldier, isn't that also true?
.

9 A..

Yes, it is, Ma'am.
10.And that person who makes that judgment for the hostile

Q..
11 intent is also the individual Soldier who is perceiving it, isn't it
12 as well?

.

13 A..

Yes, Ma'am.
14.Once you were on the mission at Taal Al Jal, you could hear

Q..
15 gunshots?
16.Yes, I could, Ma'am..

A..(G1W
17.From out at the traffic control point, you could hear

Q..
18 shotguns going through doors?
19.I could hear shotguns firing, Ma'am.

A..
20.You could hear doors being broken down?

Q..
21.I could hear shotguns firing.

A..
22

017398
492

Q..

1.Things started to quiet down a little bit?

A..
3.But you could still hear commotion, as you testified today,

2.Yes, Ma'am.

Q..
4 going on in the village.
5.Yes, Ma'am.

A..
6.And you could hear women yelling, couldn't you?

Q..
7.Yes, Ma'am.

A..

(40;1
8.Sergeant4111111, did you wear earplugs during these

Q..

9 incidents on the 28th of February? 10 A..
No, Ma'am.
11.Weren't you ordered to wear earplugs after an incident on

Q..
12 the 18th of February?
13.No, Ma'am.

A..
14.So you weren't wearing earplugs at all?

Q..
15.No, Ma'am.

A..
16.Private Richmond was wearing earplugs though, wasn't he?

Q..
17.No, Ma'am.

A..
18.Are you just not sure?

Q..
19.No, Ma'am. I am sure that he was not wearing earplugs,

A..
20 Ma'am.
21

.al7399
493

If Private Richmond was ordered to wear earplugs after the

Q..

2 mission on the 18th, he probably would have been wearing them, isn't

3 that right?
.

4 A..

We were not ordered to wear earplugs, Ma'am.
5.Private Richmond could have been when you were not there

Q..

6 though?
7.Not that I saw, Ma'am.

A..
8.You received a call over the net while you were out at the

Q..

9 TCP?
10.Yes, Ma'am.

A..
11.And that call, again, came from Captain

Q..
12.Yes, it did, Ma'am..

A..0(47'
13.And he ordered you and the folks out there that you were to

Q..
14 detain all males in the area?
15.Yes, Ma'am.

A..
16.And you relayed that information to your Soldiers?

Q..
17.Yes, Ma'am.

A..
18.You chose Private Richmond to go detain Mr. INN with you,

Q..
19 didn't you?

. Mo-(7
.

20 A..

Yes, Ma'am.
21

494 .017400

(9W-&

Q..
2 need another person to go with you?
3.Yes, Ma'am.

1.And you in fact told Specialist.that you didn't

A..

Vcrf
Q. MAIM

5 day, isn't that right?
.

4.was the closest person in the field to you that

6 A..

Yes, he was, Ma'am.
7.And that is why you chose him, to go and detain him first,

Q..

8 right?
.

9 A..

Yes, Ma'am.
10.You testified that at approximately 50 meters away from the

Q..

11 TCP that you started to raise your hands and Mr.111111 would rower
.

12. "
his hands.
13.I was 50 meters away from Mr.111111111 and about 150 meters

A..
14 away from the TCP, Ma'am.
15.And at that point Mr.11111111se med to be upset with what

Q..
.

16.

was going on? Cqt(3Th
.

17 A..

Yes, he was, Ma'am.
18.

Q. You did a quick search of Mr. NM
19.Yes, Ma'am.

A..
20.You didn't do a full search, did you?

Q..
21.No, Ma'am.

A..
22

017401
495

1.Just his upper arms and his torso?

Q..

A..
3.You gave several statements regarding the facts of this

2.And his belt and his neckline, Ma'am.

Q..

4 case, didn't you?
.

5 A..

Yes, Ma'am.
6.And in those statements you indicated that you searched his

Q..

7 upper arms-I'm sorry, his arms and his upper torso?
.

8 A..

Yes, Ma'am.
9.And that you ran your hands quickly down his back?

Q..
10.Yes, Ma'am.

A..

9)LC\'\
11.Mr.allillwas still angry at the time-thatyou did this

Q..

12 quick rubdown, is that right?
.

13 A..

He seemed angry.
14.Well you also testified at an Article 32 hearing in this

Q..

15 case, didn't you?
.

16 A..

Yes, Ma'am.
17.And you swore to tell the truth under oath at that Article

Q..
18 32 hearing?
19.Yes, Ma'am.

A..
AAF

Q..
21 that pat down?
22.That was my perception of it, Ma'am.

20.And Mr. IIIIIIwas still in fact angry when you were doing

A..
23

G17402
496

He was talking loudly?

1.Q..

A..
3.

2.Yes, he was, Ma'am.

And Private Richmond could also hear Mr..

Q..talking
4 loudly? 4q-1

5.A..

Yes, he could, Ma'am.
6.Q..

In your opinion, Private Richmond was close enough that he

7 would have been able to hear that?
.

8 A..

Yes, Ma'am.
.

9 Q..But you didn't say anything at all, did you?
10 A..No, Ma'am.
11 Q..Becaust you don't speak Arabic?

.

12 A..

Yes, Ma'am.
.

13 Q. So you said nothing at all to MAIM,
.

14 A..

It's pointless.
15.Q..angry, he also wasn't

Again, in addition to Mr.1111111be.
being very cooperative, was he?.

16.C4S)-1

A..
18.Q..

17.No, he wasn't.

And Private Richmond had a clear view of Mr..

as far
19 as you could tell at that time?
20.Yes, he did, Ma'am.

A..
21

.017403
497

Q..

1.And you certainly had a clear view of Mr..

when you

2 were approaching him?
3.Yes, Ma'am.

A..
4.And your M4 was visible to Mr.1111111,

Q..
5.Yes, it was, Ma'am.

A..
6.And you were in the uniform of a U.S. Army NCO?

Q..
7.Yes, Ma'am..

A..

Eq(PA,

Q..
9.Yes, Ma'am.

8.Private Richmond also had a clear view of

A..
10.And Private Richmond's weapon was also in clear view,

Q..
11.

wasn't it?
12.Yes it was, Ma'am.

A..
13.Yet, Mr..",

Q..was still struggling and resisting at this

14 time?
15.Yes, he was, Ma'am.

A..
16.And he wouldn't give you his hand to flex-cuff him, would

Q•.
17 he?
18.No, he would not, Ma'am.

A..
19.

Q..

He did not want to be flexi-cuffed?
20.That is what I perceived it as, Ma'am.

A..
21

017404
498

1.

Q..

And you also perceived he did not want to be detained?

A..

2.Yes, Ma'a

C-1)1tCA-A

3.

Q..

Mr. Ille continued to struggle throughout this zip-strip
4 incident, isn't that right?

A..
6.

5.Yes, he did, Ma'am.

Q..

And he kept fighting you with his hands and he kept
7 twisting his hands?

A..
9.

8.Yes, he did, Ma'am.

Q..

Was he also moving his upper body back and forth?
10.A little bit, Ma'am.

A..
11.

Q..

And when he was moving his body back and forth, it was
12

difficult for you to put his hands in his flex-cuffs?
13.

A..

Him moving his body didn't make it difficult. Him moving
14

his fingers and hands around made it difficult, Ma'am.
15.

Q..

He was also twisting his shoulders and arms, wasn't he?
16.Not really, Ma'am.

A..
17.

Q..

But yet you were trying to pull his left arm behind him,
18 weren't you?
19.

A..

At first I was trying to pull his left arm behind him.
20.

Q..

And at that point he was struggling?
21.

A..

22 down. He just locked up his arm, Ma'am, and he wouldn't put it
23
499 017405

Q..

1.And Private Richmond could see this, couldn't he?

.

2 A..

Yes, Ma'am.
3.Mr..

Q..was still shouting or using a raised tone of

4 voice, wasn't he?
5.At what time, Ma'am.

A..
6.During this time when you were trying to zip-strip him.

Q..
7.No, Ma'am.

A..

1-)1(3c-k-k
8.Mr. ftlir was remaining silent?

Q..
.

9 A..

At that time he was, Ma'am.
10.Were there any changes in Private Richmond's demeanor

Q..
11 throughout this incident, were there?
12.Not that I saw, Ma'am.

A..
13.And Private Richmond did everything you told him to do,

Q..
14 didn't he?
15.Yes, he did.

A..
16.The whole,fincident lasted, from the time that you started

Q..

17 to approach Mr. 111111, when you said you were about 50 meters away
18 from him, through the time that he was shot, lasted at just 2
19 minutes, isn't that right?

.

20 A..

Somewhere around there, Ma'am.

21

017406

500

Q..

1.Certainly no more than 2 minutes?

A..

2.Could have been more than 2 minutes, 3 minutes.

Q..

4 testified that it was no more than 2 minutes?
.

3.Do you recall your Article 32 testimony, in which you

5 A..

I said that it was 3 to 5 minutes in the Article 32
6 hearing, Ma'am.

Q..

7.Are you sure about that?

A.:.
(41-

8.Yes, I am. %1,1

9.

Q. MAWR was standing on a dirt berm at the time that you 10 were attempting to apprehend him, isn't that right? 11 A..
Yes, he was, Ma'am.
12.

Q..

And it is at this point that you told Private Richmond to
13 put his weapon up?
14.

A..

At the point that Mr. 11111,started to resist me with his
15 left arm, I told Private Richmond to put his weapon up.
16.And you told him to go to the high ready?

Q..

A..

17.i told him to put his weapon up, Ma'am..

tO\Y\
18.At this point, you didn't know if Mr. Imp had any smaller

4..
19 weapons hidden on the lower part of his body, did you?
20.No, I did not, Ma'am.

A..
21

.017407
501

Q..

1.You only did a pat down for larger weapons?

A..

2.Yes, Ma'am.

3.And you didn't find any?

Q..
4.No, I did not, Ma'am.

A..
5.

Q..

Private Richmond again followed your instruction to put his
6 weapon up?

A..

7.Yes, Ma'am.

8.And he did go to the high ready?

Q..
9.Yes, Ma'am.

A..
10.

Q..

Now immediately after the shot, Private Richmond told you,

11 "He came at you. He jumped at you."
.

12 A..

Yes, Ma'am.
13.

Q..

Is that about what he said?
.

14 A..

Yes, Ma'am.
15.

Q..

How many seconds was that after the shot went out?
16.

A..

I don't really recall how many seconds it was. I would say
17 it was within 15 seconds.
18.

Q..

And he told you that immediately, that te had jumped at
19 you?

A..
21

20.Yes, Ma'am.

.017408
502

1.

Q..

At the time that the shot went out, Private Richmond was

2 behind you, isn't that right?

3.Yes, he was, Ma'am.

A..
4.You couldn't see him at all, could you?

Q..
5.No, I could not.

A..
6.So you don't know for sure what Private Richmond could see

Q..

7 at the time he fired?
8.Richmond could see the back of us, Ma'am.

A..
9.You don't know what he could see though?

Q..
10.No, I do not, Ma'am.

A..
11.

Q..

Private Richmond had a look of shock on his face
12 afterwards?
13.Yes, he did, Ma'am.

A..
14.His face was white?

Q..
15.Very white, Ma'am.

A..
16.He was very pale?

Q..
17.Yes, Ma'am.

A..
18.And he looked really upset?

Q..
19.He looked shocked, Ma a

A..
20.Private Richmond's left hand was on the grip at the front

Q..

21 of his weapon?
.

22 A..

At what time, Ma'am?
23

017409
503

1 Q. After the shooting?

2 A. The only thing that was touching his weapon was his right

3 hand and it was around the pistol grip.

4 Q. His left hand was not on the grip at the front of the

5 weapon?

No,.

6 A. Ma'am.

7 Q. And after the shooting he was looking over the sight?

8 A. I don't know, Ma'am..

He was behind me.

9 Q. When you turned around after the shooting, Private Richmond

10 was looking where?

.
11 A..
At me, Ma'am.

Q..
13 enough that you could have reached out with your hand to touch the
14 barrel of his weapon, isn't that right?

.

12.At the time of the shooting, Private Richmond was close

15 A..

I don't know, Ma'am, he was behind me.

Q..
17 Mr..

16.Prior to the shooting, when you were attempting to detain

, Private Richmond was close enough then where you could

18 have reached out and touched the barrel of his weapon, isn't that

19 right?
.

20 A..

Approximately, Ma'am.
21

504 017410

Q..

1.Well you could have touched the front of his barrel, isn't

2 that right?
3.I didn't try to, Ma'am.

A..
4.But you could have?

Q..
.

5 A..

I don't know if I could have or not. I didn't try.
6.Now Mr.

Q..shoulder was leaning into yours?
.

7 A..

Yes, it was, Ma'am.
8.And he was in fact leaning into you as he began to walk,

Q..

9 right?
10.Yes, he was, Ma'am.

A..
11.He was walking on uneven terrain?

Q..
12.Yes, Ma'am.

A..
13.And as he walked, his ankle rolled sideways?

Q..
14.He stumbled, he leaned in to me a little bit.

A..
15.You testified with the government that his ankle rolled.

Q..
16.I am assuming that is what happened to him. He miss-

A..
17 stepped through the rows of dirt.
18.That is how you interpreted it?

Q..
19.That is how I interpreted it.

A..
20.Certainly he did lose his balance?

Q..
21.Yes, Ma'am.

A..
22

.017411
505

1.And he did lean in to you?

Q..

A..

2.Yes, Ma'am.

And this was at approximately the second step?

4.Yes, it was, Ma'am.

Q..

A..
5.And when he took the second step, he stepped into you?

Q..
6.Yes, Ma'am.

A..
7.You supported his weight when he leaned into you?

Q..
8.Yes, I did.

A..
9.And you pushed him back up on to his feet?

Q..
10.Yes, I did.

A..
11.It seemed to you that Mr.IIIII, was relying on you at least

Q..
12 a little bit for balance, didn't it?
13.In a sense he was, yes.

A..
14.Now you have no way to know for sure what Private Richmond

Q..

15 could hear that day, do you?
16.No, I don't know what Private Richmond could hear, Ma'am.

A..
17.Private Richmond didn't verbally say anything to you after

Q..
18 you said, "He's good. Let's go." Did he?
19.No, Ma'am.

A..
20.He said nothing at all.

Q..
21.He began to lower his weapon.

A..
22

506.017412
Q..

1.And again, that whole interaction lasted 3 minutes total,

2 maybe less than 3 minutes total?
.

3 A..

Three minutes, maybe more.
4.You and your Soldiers are trained to positively identify a

Q..
5 target before you engage, aren't you?
6.Yes, Ma'am.

A..
7.And you are also trained not to take warning shots?

Q..
8.Yes, Ma'am.

A..
9.

Q..

The ROE was enforced within your squad only to take aimed
10 shots?
11.Yes, Ma'am.

A..
12.

Q..

You have been trained on hostile act?
13.Yes, Ma'am.

A..
14.And on hostile intent?

Q..
15.Yes, Ma'am.

A..
16.And again, the ultimate decision for that is up to the

Q..

17 individual Soldier?
.

18 A..

Yes, it is, Ma'am.
19.At the time this incident, on the 28th of February, you

Q..
20 were under investigation for a shooting incident of three civilians

21 that had occurred 10 days earlier, isn't that right?
.

22 A..Not that I was aware of, Ma'am.
23 507 017413

Q..

1.In fact, one of the civilians that was shot 10 days earlier

2 was killed, wasn't she?
.

3 A..

Yes, Ma'am.

Q..

4.And on the 28th of February the investigation into that

5 shooting incident wasn't complete, was it?
.

6 A..

I don't know, Ma'am.

Q..

7.You were the only subject of that investigation for the

8 actual shootings, weren't you?
.

9 A..

I don't know, Ma'am.

10.Q..

Soldiers are allowed to use their own discretion in

11 determining if an escalation of force is necessary, isn't that right?
.

12 A..

Yes, Ma'am.
13.

Q..

And it is ultimately up to the individual Soldier, isn't

14 that right?
.

15 A..

Yes, Ma'am.
16.

DC: Nothing further, Your Honor.
17.

MJ: Any redirect?
18.

TC: Yes, Your Honor.
19

017414
508

13REDIRECT EXAMINATION
2 Questions by the trial counsel:
3.The defense lawyer just mentioned an escalation of force in

Q..

4 relation to ROE.
.

5 A..

Yes, Sir.
6.What was trained at your unit and what do you understand

Q..

7 the escalation of force to be?
.

8 A..

Escalation of force would be the difference of someone
9 throwing a rock at you and someone shooting bullets at you.
10.Okay.

Q..

11 A..The escalation of force would be, as they escalated what
12 they were doing, you escalate your force to stop them from doing
13 that. So, if they were throwing a rock, I would probably just go
14 over there from throwing rocks. If they began to engage us with
15 weapons, we would shoot back.

Q..
17.Yes, Sir.

16.And that is what the Soldiers in 1-27 are taught?

A..
18.And you are part of the same mortar section or mortar

Q..
19 platoon that PFC Richmond was a part of, right?
20.Yes, Sir.

A..
21

017415
509

Q..

1.And does your--is that the type of training your entire

2 unit received in terms of escalation of force?

3.Yes, Sir.

A..
4.Now at the time of the morning where you detained Mr.

Q..
5 111111 how--at what point was the raid in, in the village?
6 (CIL" A. At what point? It was before we detained Mr.1111111that
7 the village was raided.. (1A1P1
8.Okay, but where was it in relation to the beginning or the

Q..

9 ending of the raid when the detention occurred? Was it during the
10 beginning of the raid, the end of the raid, or somewhere in the
11 middle of the raid?
12.It was at the end of the raid, Sir. There was no more

A..
13 gunfire in the village..

OH7

-

14.You mentioned that Mr.IIIIIIrstruggled with his hands. To

Q..

A..

19.I was a lot stronger than Mr. nillipwas. When I wanted--as

15 your--could you describe the relative strength, based on your
16 recollection of the events and your ability to move or inability to4+-9
17 move Mr..What was the relationship of power? Who had more
18 strength and power in this particular detention?Jatti

20 I attempted to move his arm, he wouldn't give it to me. When I
21 forcefully pulled it, I pulled it right behind his back pretty
22 easily.
23

Q17416

510

Q..

The defense counsel asked you if you knew there were any

2 smaller weapons on the lower part of Mr..ody. Did you see

3 anything attached to M.body from the waist down?

4.No, I did not. He also had sweat pants on. I didn't

A..

5 perceive that there was any way that he could hide anything on his

6 lower body.

7.Prior to the miss-step that the defense lawyer was asking

Q..
8 about, how close was--when you first started stepping, you had your

9 right hand on Mr..bicep. How close would your shoulders be 10 when you first started walking? 11 A..
They were practically touching, Sir.
12.

TC: No further questions.
13.

MJ: Any re-cross?
14.

DC: Yes, Your Honor. May I have a moment, Your Honor.
15.

[Long pause.]
16.RECROSS-EXAMINATION
17 Questions by the defense counsel:

18.Regarding the escalation of the use of force. You were

Q..

19 trained to use the five S's, weren't you?
.

20 A..

Yes, Ma'am.
21

511 017417

1.Show, shout, shove, shoot a warning shot, and then shoot an

Q..

2 aimed shot?
.

3 A..

At this time, I don't recall what the five S's are.
4.Is that, what I have described, does that sound something

Q..

5 that you were trained on, generally, even if it wasn't called the
6 five S's?

. 3 7 A..
We don't shoot warning shots. Other than that, it is
8 pretty close, Ma'am.
9.As a Soldier,,. you try to show your weapon before you try to

Q..

10 use it? 11 A..
Yes, Ma'am.
12.And you try to engage a person, again before you have to

Q..

13 use your weapon, verbally?
.

14 A..

Yes, Ma'am.
(9V-17

15.And you were trying to do that with Mr. AIWA" bY

Q•
16 demonstrating what he was supposed to do with his hands basically,
17 right?

.

18 A..

Not really. I was trying to demonstrate what I wanted him
19 to do, Ma'am.
20.Okay, so instead of shout, it would have been show?

Q..
.

21 A..

Yes, Ma'am.
22

017418
512

1.You are not required to go through each and every one of

2 those steps before you get to the last step of firing on the

3 individual are you?
.

4 A..

It depends on the situation that you are in, Ma'am.

Q..

5.Well if someone fires on you then you are certainly not

6 going to show them that you have a weapon before you fire back, are

7 you?

A..

8.That is correct, Ma'am.

9.And Soldiers never give up the right to self-defense, isn't

Q..
10 that right?

11 A..
Yes, Ma'am.

Q..
13 comrade if they feel that comrade is being threatened. Isn't that
14 also right?

.

12.And Soldiers never give up the right to defend their

15 A..

Yes, Ma'am.
16.

DC: Nothing further, Your Honor.
17.

MJ: Anything else, Government?
18 '.

TC: No, Your Honor.
19.

MJ: Members of the panel, do you have any questions for the
20 witness?
21

017419
513

L9W-
1 [A question from COL...Vas marked as AE XIX, inspected by both
2 counsel, and handed to the military judge for questioning.]
3.EXAMINATION BY THE COURT-MARTIAL
4 Questions by the mili4ry judge:

VqVAL

5.Sergeantallaill.

Q..er you had put the flex-cuffs on Mr.

04W-i

6 411111, you said that you turned to the accused and said, "He's good.
7 Let's go." Right?
8.Yes, Ma'am.

A..
9.What did Private Richmond do at that point?

Q..
10.He began to lower his weapon, Ma'am.

A..
11.How, from where to where?

Q..
12.He had it at the high ready, looking over the scope, and he

A..

13 began to lower the muzzle of his weapon [lowering his arms] to put it
14 down.
15.All right, you used both hands so you had his right hand at

Q..
16 the pistol grip and his left hand at the muzzle?
17.Yes, Ma'am.

A..
18.And he lowered it to a 45-degree angle or so, you said?

Q..
19.Yes, Ma'am.

A..
20.

MJ: Does that answer your question, Sir.
21.Yes, thank you.

MEMBER [COL NMI :.

22.NP-11/4—

017420
514

1.

MJ: Are there anyiother questions for Sergeant 4111111,
(0(W-2.

2 [Negative response from all members.]
3.

MJ: Apparently not. Temporary, Government?
4.

TC: Temporary, Ma'am.
5 [The witness was duly warned, temporarily excused, and withdrew from
6 the courtroom.]

MJ: Sir, we have been going for almost 2 hours. Do you want to
8 take a short break or drive on?

3

9 PRES:.Lets drive on, Ma'am.
10.

MJ: Very well. Government?

113, U.S. Army, was called as a witness for

SPECIALIST3
1231v9i-g"1-and testified as follows:

the prosecution, was s3
133DIRECT EXAMINATION
14 Questions by the trial counsel:
153Specialistlijilliplease state your full name, rank, and

Q.3

16 your unit.
17.Specialist, HHC, 1-27 Infantry.

A..
1834..

How long have you been in 1-27 Infantry?
193A little over 2 years.

A.3
203Q.3

What do you do in that Battalion?
213A.3am in the section with mortars.

I

22

017421
515

1.And do you know the accused Soldier in this case, PFC

Q..

2 Richmond?
3.Yes, I do.

A..
4.Do you see him in the courtroom today?

Q..
5.Yes, I do.

A..
6.Would you please point to him?

Q..
7.Right [pointing towards the accused] there.

A..
8.

TC: The witness has identified the accused.
9.

Q. Specialiste/Mr when did you arrive in Iraq?
10.January 24th. C9P.1-

A..
11.And where, since then, where have you worked?

Q..
12.On FOB McHenry.

A..
13.Do you recall the events of, or do you recall 28 February

Q..
14 2004?
15.Yes, I do.

A..
16.What was your involvement or your job in that particular

Q..
17 missionl
18.I was the SAW gunner on the back of the cargo HMMWV.

A..
19.And what were--what was your section to do during this

Q..
20 particular mission?
21.Perform TCPs and make sure nobody goes in or out of the

A..
22 town.
23

0174a2
516

Q..

1.How--and about how far away was your position from the

2 outside of the town?
3.From the town?

A..
4.Yes.

Q..
5.From the town, several hundred meters as the best I could

A..
6 remember.
7.Do you recall anything happening in terms of the field in

Q..
8 front of you right around daybreak? Did you see anything there in
9 the field?

10.Nothing suspicious or wrong going on.

A..
11.Now later one we are going to talk about a particular

Q..
12 shooting that occurred. Prior to the shooting, did you see anything
13 happen in that general area after the sun came up?
14.No, I didn't.

A..
15.Did you see anyone out in that area?

Q..
16.There is--there was some people out there walking their

A..
17 cows and you know, some other people not in the exact general area
18 but around there doing their morning chores and stuff like that.
19.

MJ: If you could, direct your answers to the members and speak
20 very loudly, all right?
21.

WIT: Yes, Ma'am.
22

017423
517

1.

MJ: Thanks.
2.What if anything did any of the Soldiers do from your

Q..

3 section during the field that day?
.

4 A..

All that we were doing was just standing by the truck
5 making sure that no one was coming in our out.
6.Did anybody ever leave the truck area?

Q..
7.We all stayed around the area.

A..
8.The whole time.

Q..
9.Yes, Sir.

A..
10.Okay, who was with you?

Q.. LC)161-7--

11.PFC Richmo d, myself, Corpora1111111, PFC~, and

A. 4,p't

12 Specialist.o , and Sergeant UM

(;)t-(42-7
13.Did that entire morning, did Sergeant111111116nd PFC

Q..
14 Richmond stay at the TCP? Did they ever leave the TCP?
15.No, we all stayed at the TCP. We all stayed at the truck.

A..
16 We all arrived in this one truck and you know, just hung out there
17 and made sure that if anyone was coming down the road, we would turn
18 them around and, you know, just keep an eye on whatever else was

19 going on.
20

017424
518

1.Did anything happen at the end of the raid?

Q..
.

2 A..

All we heard, was like before daybreak, we heard like
3 shotgun blasts breaching doors going inside, so we kept a sharp eye
4 out.
5.Did you see a cow herder that--strike that. Did your

Q..

6 section receive any directives to detain anyone?
.

7 A..

Yes, we did. We--the order came over the radio to detain
8 all males in town and we--I believed we called and asked, you know,
9 there was this guy out in this field. Should we go get him and they

10 told us to go and detain him.
11.Did ypu see the guy out in the field?.
A
12.Yes, I did. We all saw him.

A..
13.What was he doing?

Q..
14.Walking with his cows.

A..
15.And so what happened after you received that order?

Q..

(4-\
16.e r ge anti... and PFC Richmond went out to go to detain

A..
17 this man and at the same time we had, like a tractor full of women
18 coming from one of the directions and another car full of men from
19 the other direction, so we had to detain those men. So, we had a
20 little bit going on in almost every direction.
21

017425
519

Q..

1.What if anything during the next 10 to 15 minutes--on 28

2 February, what if anything, did you see out in the field with this 3 cow herder?
4 A..
I saw nothing else except the cow herder and him walking 5 with his cows.
Q..
.

6.Okay, but after Sergeantillillirand PFC Richmond went to

7 detain him. )1‘..) 1_ 8 A..
I am sorry, I don't understand the question.
9.

Q. Did you--okay. Did you understand that a shooting occurred 10 that morning?
1 1 A..Yes.
12 Q..What do you know about it?
13 A..All I know is that at the time when the shooting happened,

14 I did not see the actual shot because I was looking to my left and 15 right. I didn't see the actual shot happening. All I heard--I heard 16 the shot. I saw the cow herder fall down. Even at that still time I 17 still didn't know exactly what happened. I was kind of like, what? 18 And so, later on when Sergeant 111111/came back to--to -the truck and
6)-1-
19.

the TCP after having Specialist.go over and replace him is
20 when I found out exactly what happened.

21
520 017426
1.Okay, prior to--I am just interested to know what you saw.

Q..

2 Prior to hearing the shot, did you see anything out in that
3 direction?
4.No, just the cow herder.

A..
5.Did you see the cow herder and the Soldiers together then?

Q..
6.Oh yes, I did.

A..
7.What did you see?

Q..
8.I seen them walking out towards them. I don't actually

A..

9 remember seeing them flex-cuff the guy but I did later find out that
10 he was, but I was looking to my left and right seeing what was going
11.

on.
12.So, I don't remember seeing the guy being flex-cuffed. I

13 do remember seeing him walking. From my front it looked like they
14 were walking to the left to try and come and bring the guy back to
15 our location.

Q..
17 terms of the Iraqi man? Where were his arms and stuff?
18.His arms were behind his back and he was flex-cuffed.

16.And when you saw them walking, did you observe anything in

A..
19.How long have you knoJPFC Richmond?

Q..
20.Since I got to the unit in November of 2002.

A..

21

017427
521

Q..

1.And what if anything does--have you heard him say about

2 Iraqis?
.

3 A..Well we all talk a certain amount of trash about this. We
4 all came to Iraq with a certain amount of, "I'm going to go over
5 there and kick some butt and jack everything up." You know, and we
6 all talked a little bit of trash and so, but Richmond definitely was
7 the most outspoken about it. "I'm going to get a bayonet kill."

8.You know, even that same morning he talked about killing

9 people. I especially remember a kid walking down the road, and he
10 mentioned it as a joke of course, but he said, "Hey there's a kid.
11 He's got sheep. Can I shoot him?" It was meant as a joke but you
12 know, he was definitely always the one that was the most outspoken
13 about it.
14.

TC: No further questions. Thank you.
15.

MJ: Defense?
16.

DC: Yes, Your Honor.
17.CROSS-EXAMINATION
18 Questions by the defense counsel:

imirt

19.Specialist.

Q.., you and PFC Richmond were in the same
20 squad prior to deploying to Iraq?
21.That is correct, Ma'am.

A..
22

017428

522

Q..

1.And that was during your train up back at Schofield

2 Barracks?

3.Yes.

A..
4.You were trained on the ROE during that time?

Q..
5.Yes, several times.

A..
6.And you were also trained on the ROE once you arrived in

Q..
7 country in Iraq?

A..

Yes.
.

9 Q. You were selected by your command to go on the mission on
10 the 28th?

11.Yes.

A..
12.Is that correct?

Q..
13.Yes.

A..
14.And you went to a briefing on the evening of the 27th?

Q..
15.Yes.

A..
16.The briefing started on approximately 2030? [sic]

Q..
17.I believe so. Somewhere around there?

A..
18.Okay, 2200, 2230?

Q..
19.Yes, somewhere around there.

A..
20.It lasted for about 20 to 30 minutes?

Q..
21.I would say so.

A..
22

017429
523

1.

Q..

Sergeant Millnis the one that briefed you and the other

2 Soldiers on that mission?

A..
4.

3.That is correct.

Q..

And he told you that it was a fairly high-profile mission,
5 right?

A..
7.

6.Yes.

Q..

And he told you that there were several high value targets
8 that Alpha Company had hoped to detain?
9.Yes.

A..

Q..

10.And they were all males, isn't that also right?

A..

11.Yes.

Q..
13.

12.He told you that it was Fedayeen insurgents?

A..

I don't exactly remember who the priority targets were. I

(,q(0-3

14

just--you know they talked about what we were going to be doing with
15 the TCP. As best as I could remember. So like, I never actually
16 knew who we were actually going after.
17.

Q..

Did it seem to you that it was a fairly important mission,
18 more so than some others that you had been on?
19.

A..

Yes. It had a new little twist to it.
20.

Q..

And Sergeantlillillywas passing on to you the information

21 that he got from higher? L-c1(c1-1--.
22 A..

Yes.
23

524 .017430
Now the new little twist on this mission was that you were

Q..

2 briefed that if you were to see anyone running away from the village,
3 you were authorized to shoot them?
4 A. That is correct.
5 Q. And that was different than the prior ROE as you understood
6 it?
7 A. Yes.
8 Q. You didn't seek clarification on that order from anybody
9 other than Sergean111111111idid you?

10 A. No.
11 Q. In fact, you didn't seek any clarification from him either,
12 did you?
13 A. I felt it was not necessary for me to seek clarification
14 because I understood my orders very clearly. .

It did seem very
15 different from all the others but the one thing that always goes
16 about ROE which doesn't ever change is common sense.
17 Q. And who evaluates common sense?
18 A. We do.
19 Q. Okay each individual Soldier?
20 A. Yes, we do it to our best judgment.
21

017431

525

1.And you make decisions based on the facts which you know

Q..

2 them at the time?
.

3 A..

Yes.
4.Are you required to go to your squad leader or platoon

Q..

5 sergeant to ask them if your common sense is the right thing?
.

6 A..In a split-second type of decision, you know, we are
7 expected to take all the other things about ROE and plus common
8 sense, you know, if something is happening and you know it is wrong,
9 then you need to take care of it.

10.And if deadly forCe is not necessary, then it is not common
11.

sense to use it.

12.But each individual Soldier makes that decision at the time

Q..

13 they need to make the decision?
.

14 A..

Yes.

Q..
16 circumstances?
17.As a last resort, yes.

15.And deadly force is in fact authorized under certain

A..

Q..
19 a hostile threat towards Coalition Forces?
20.Yes.

18.Okay and one of those circumstances would be when there is

A..
21

017432

526

Q..

1.Now your specific mission that day was to be a part of the

2 traffic control point?
.

3 A..

Yes.
4.And you indicated that you could hear shotgun blasts going

Q..
5 through doors while you were out at the traffic control point, is
6 that right?
7.That is correct.

A..
8.Were you wearing earplugs that day?

Q..
9.Negative.

A..
10.And you were at the southern point of the village?

Q..
11.I believe so. I can't exactly remember what part of the

A..
12 village we were at.
13.Your--part of your job was to stop folks from exiting the

Q..

14 village.
15.That is correct.

A..
16.And the other part was to stop people from entering the

Q..

17 village.
18.That is correct.

A..
19.And that was so that Alpha Company had enough security to

Q..

20 perform their mission?
.

21 A..

Correct.
22

017433
527

Q..the ROE changed for your unit between

1.Specialist.

2 the 18th of February and the 28th of February, didn't it?
.

We kind of set the standards of like what would happen kind

3 A..

4 of change over the days.
5.Okay but specifically within that time period it did

Q..
6 change?
7.Yes, it did.

A..
8.Now you received a call or you heard a call over the net

Q..

CCYGY-t,
9 from Captaill1111111111 the Commander of that mission.

10.I don't exactly know who it was, but I believe so.

A..

11.Okay and that direction over the net was to detain to all

Q..
12 males leaving the village.

13.Yes.

A..
14.And you had seen this Iraqi farmer leave the village

Q..
15 earlier that morning?
16.Yes.

A..

17.Approximately 30 to 60 minutes earlier?

Q..

18.I would say so.

A..
19.And the raid had started actually 90 minutes to an hour--90

Q..

20 minutes to 60 minutes earlier?

21.Yes.

A..
22

017434
528

1.You didn't see Mr. On

Q.get shot, did you?
3

A.3(916)-(1

23No, I didn't.
33And the last time that you looked out at the field, you saw

Q.306)1

4 two individuals and Mr.1111111,tanding?

53Yes.

A.3
6.Before you heard the shot?

Q.3
73Yes.

A.3
83And at that point Private Richmond was behind Sergeant

Q.3
9 1111111111ad Mr.1111111rwasn't he?

A.3(011W1

(9(0-1-3

103Yes.

11.You heard Private Richmond talk about getting a bayonet

Q..

12 kill?

133I'm sorry, can you----

A.3
143You heard Private Richmond talk about getting a bayonet

Q.3
153

kill?
163Yes.

A.3
173And that was back at Schofield?

Q.3
183Yes.

A.3
193You never really took that seriously, did you?

Q.3
203No, I didn't take it seriously.

A.3

017435
529
Q..

2 Soldiers, you all had that type of mind frame?
.

1.And in fact, you, yourself, and several other of the

3 A..

In somewhat of a way, yes.
4.On that day, on the 28th, when you heard Private Richmond

Q..

5 make that comment, you laughed at it didn't you?
.

6 A..

What--okay, excuse me, Ma'am, which comment were you
7 talking about?
8.On the 28th, you indicated that you heard Private Richmond

Q..

9 say, "Hey can we shoot them?"
10.Yeah I thought it was a little funny.
11.Okay, and you laughed?

Q..
12.I believe so.

A..
13.Okay, and you thought it was a funny joke.

Q..
14.In a way, yes.

A..
15.Private Richmond generally is a jokester, isn't he?

Q..
16.Yes, always has been.

A..
17.And you, yourself, have joked about shooting someone,

Q..

18 haven't you?
.

19 A..

At one time or another.
20.You have done cadences during PT where the cadence talks

Q..

21 about shooting people and putting them down?
.

22 A..

Yes.
23

.017436
530

1.You have heard the cadence, "Shoot, shoot, shoot the son of

Q..

2 a bitch."
.

3 A..

Yes.
.

4 DC: Nothing further, Your Honor.
.

5 MJ: Government, any redirect?
.

6 TC: No questions, Ma'am.
.

7 MJ: Members of the panel, questions for SpecialistIIIIIIIII
.

(46)--7—

8 [Negative response from all members.]
.

9 MJ: Government, temporary or permanent?

10 TC: Permanent, Your Honor.
11 MJ: Any objection? .
12 DC: Your Honor, the defense has one follow up with Specialist

13 1111111r We can certainly recall him on the defense's case in chief

14 if necessary.

15.

MJ: Or you can ask him now if you want?

16.

DC: Yes, Your Honor.

17 Questions by the defense counsel:

Q..

18.Specialist111111111,you had been on other missions with PFC

19 Richmond prior to the 28 February mission?
.

20 A..

Yes.

21

017437
531

1.And one of those missions was to a town called Saab up in

Q..

2 the northern part of Iraq?
.

3 A..

Yes.

4.And on that mission you, in fact, saw Private Richmond

Q-.
5 interacting with Iraqi children?
.

6 A..

We all get bombarded with tons of kids coming up there
7 begging for stuff, yes.

Q..

8.And Private Richmond never had any problem hanging out and

9 spending time with Iraqi children, did he?

A..

10.Not that I know of except for the fact that it is a little

11 annoying, you know, having people asking for handouts all the time.
12.

DC: Nothing further, Your Honor.

13.The Defense appreciates the court's discretion, Your Honor.
14 Thank you.
15.

MJ: No problem. Any objections to him being permanently
16 released though, CaptainiIIIIIIIIIPFMIG):1--
17.

DC: No objections, Your Honor.

18 [The witness was duly warned, permanently excused, and withdrew from
19 the courtroom.]
20.

MJ: Government?
21

.017438
(.,;)(c)_-c_
3

1 SPECIALIST U.S. Army, was called as a witness for
2 the prosecution, was sworn, and testified as follows:
3.DIRECT EXAMINATION
4 Questions by the trial counsel:
5.Please state your full name, your rank, and your unit.

Q..

(.41GFL-

6.

A. SpecialistallIMMEMIIIIIF HHC, 1-27 Infantry.
7.What do you do in 1-27 Infantry?

Q..
8.I am a mortar, Sir. I am actually the gunner for our

A..

9 section.
10.How long have you been in 1-27?

Q..
11.About 3 and a half, close to 3 and a half years, Sir.

A..
12.And do you know the accused Soldier in this case, PFC

Q..
13 Richmond?
14.Yes, Sir.

A..
153Do you see him in the courtroom?

Q..
16.Yes, Sir.

A.3
173Could you point to him?

Q.3
183Yes, [pointing to the accused] Sir.

A.3
193

TC: The witness has identified the accused.
203Did you come to Iraq with the bulk of 1-27 in the January,

Q.3

21 February timeframe?
22.Yes, Sir.

A..
23

017439

533

Q..

1.Do you recq11 the events of 28 February of this year?

1

A..
3.What was your involvement or your job with this mission?

2.Yes, I do, Sir.

Q..
4.That day we had to set up a TCP in support of Alpha

A..
5 Company, Sir.
6.In relation to the village that you were supporting the

Q..
7 operation from, how far away was your TCP from that village?
8.About 300 meters from the first building, Sir, at the

A..

9 actual entrance of the village.
10.Did you see anyone come out of the village that morning?

Q..
11.Roger, Sir.

A..
12.In particular, did you see anyone that you would see later,

Q..

13 up close?
.

14 A..

Roger, Sir, it was a cattle herder, I believe, Sir.
15.Would you please describe what you saw the first time you

Q..

16 saw this cattle herder.
.

17 A..

Well we were on the south side of the village and on the
18 edge--on the right edge of the village, first we saw a bunch of
19 cattle come out and then we noticed that a herder was following
20 behind him and he went probably about 200 meters down and stopped and
21 let his cattle stop and graze there.
22

.

534 017440
1.And what did this cow herder do?

Q..

A..
3.Did you notice if he was carrying anything or did he do

2.Just basically stood there, Sir.

Q..
4 anything suspicious?
5.No, Sir.

A..
6.Approximately how long did you observe him before anyone

Q..

7 went out to meet him?
8.Probably about a half hour, Sir.

A..
9.With relation to that cow herder and later on, what do

Q..

10 you--what did you observe?
11.You talking about as far as the event, Sir?

A..
12.Yes.

Q..
13.As we were there at the TCP we got a call that came over

A..

16.

14 the radio to detain all males. And then Sergeantillillactually had
15 called back to verify that Captain 111111111111wanted the cattle herder
.

as well detained.

(c)(6)-7
17.And a.

we got the okay to go out there, myself and
18 Corporal...at the time, noticed that tractor was coming with
19 three females. So, myself and Corporal d turned to stop the
20 tractor with three females on it and that's when we heard the shot
21.

fired.
22

017441

535

A..

1.And so, we turned around and just noticed that there was

2 two figures standing and one laying on the ground.
3.The ROE for this particular mission, the defense has

Q..

4 elicited that the ROE was the regular ROE plus to put down all males
.

(40-5
fleeing the village. Do you recall that?

.

6 A..

Roger, Sir.
7.And did you observe any males fleeing the village that

Q..
8 morning?
9.No, Sir.

A..
10.And how long have you know the accused, PFC Richmond?

Q..
11.Maybe about a year and a half, Sir.

A..
12.What, if anything, have you heard him say about Iraqis?

Q..
13.Since the time that we have been on notice that we were

A..
14 going to get deployed, just little comments here and there, you know
15 about, "I'm going to shoot one here. This ig my chance to get one

16 here."
17.And, that morning when we noticed the cow herder come out
18 and he pointed at him and looked at Sergeant giffisand said, "He's
19 not fleeing or anything like that, but can I shoot him anyway?"

20.

TC: No further questions.
21

017442
536

MJ: Defense?
2.

DC: Yes, Your Honor.

3.CROSS-EXAMINATION

4 Questions by the defense cguqsel:
Cb)(4-1-,
5.SpecialistUMINIR you received extensive ROE training in

Q..

6 preparation for your mission to Iraq, isn't that right?
.

7 A..

Yes, Ma'am.
8.And part of that training was how to identify and enemy,

Q..

9 isn't that right?
10.That is correct, Ma'am.

A..
11.And it is also correct that the enemy was described to you

Q..

12 as not always being somebody who would wear a military uniform?
.

13 A..

Yes, Ma'am.
14.And that very often in Iraq, the enemy could be wearing the

Q..

15 costume of a simple farmer or a village person?
.

16 A..

Yes, Ma'am.
17.And you were also trained that basically not to trust who

Q..
18 somebody was at first appearance but to find out further who they
19 were, isn't that also right?

.

20 A..

Yes, Ma'am.
21

017443

537

1.And that part of your training was that a threat to you or

Q..

2 one of your comrades might not always be an obvious threat? Isn't

3 that also right?
.

4 A..

Yes, Ma'am.
5.And that you had to be on your high alert because the

Q..

6 Iraqis were sneaky sometimes?
.

7 A..

Yes, Ma'am.
8.You were selected for the mission on the 28th that you

Q..

9 testified to on direct? Is that correct? 10 A..
Yes, Ma'am..

(4)(f.iz
11.Q. And you indicated that Sergeant...had briefed you that
12 you were authorized to shoot all males fleeing the village. Is that
13 also correct?
14.That is correct, Ma'am.

A..
15.You had seen the Iraqi cow herder leaving the village

Q..

16 approximately 30 minutes before, is that what you said?
.

17 A..

Yes, Ma'am.
18.And you knew that that was, in fact, a high profile mission

Q..
19 that day?
20.That is correct, Ma'am.

A..
21

017444
538

Q..

1.You did also know that Alpha Company was conducting a raid

2 to get some high value targets?
.

3 A..

That is correct, Ma'am.
4.The ROE for the mortars platoon changed between the 18th of

Q..

5 February and the 28th of February, didn't it?
.

6 A..

Yes, Ma'am.
7.And you were, in fact, briefed on those changes by the

Q..

8 Sergeant Major and the Battalion Commander, isn't that also correct?
.

9 A..

That is correct, Ma'am.
10.The ROE also includes that you can use common sense? Is

Q..

11 that also correct?
12.Yes, it does, Ma'am.

A..
13.And who is the ultimate judge of that common sense?

Q..
14.The individual Soldier, Ma'am.

A..
15.Are individual Soldiers always expected to check with their

Q..
16 superiors before they use that common sense?
17.When the ROE was put out to us it was suggested that if we

A..
18 had time to confirm with leadership but under certain circumstances,
19 you might not always have the time.
20.Generally Soldiers need to make split-second decisions

Q..
21 based on the information they have in hand.
22.Yes, Ma'am.

A..

23. 017445 539
DOD-040700

1.Deadly force is authorized under certain circumstances,

Q..

2 right?
.

3 A..

Under certain circumstances, yes, Ma'am.
4.You had heard Private Richmond make a comment that morning

Q..

5 about shooting a farmer that went by?
.

6 A..

Yes, Ma'am.

7.But you had also had been briefed that you were to shoot

Q..

8 all males fleeing the village, wasn't that also correct?
.

9 A..

Yes, Ma'am.

10.And Private Richmond actually is kind of a jokester among

Q..

11 the folks, at least within his squad in the mortars, isn't that also
12 right?
13.As far as that goes, I am not in his squad, Ma'am.

A..
14.Okay.

Q..
15.So, I don't know.

A..
16.Okay.

Q..

A..

17.So, I don't know how much of a jokester he is.

18.But you thought he was joking that morning thought, isn't

Q..
19 that right?

A..

20.It's hard to say, Ma'am, because it has been going on so

21 long that you just kind of hear it and overlook it.
22

017446
540

1.There are other Soldiers that say that as well then you

2 mean?
3.When we first started to deploy, yes.

A..
4.That would be back in February of this year, then?

Q..
5.Yes, Ma'am.

A..
6.Certainly people don't joke now?

Q..
7.No, Ma'am.

A..
8.And you had been on prior missions with PFC Richmond

Q..

9 including on to a village called Saab? 10 A..
Yes, Ma'am.
11.Do you recall interacting with Iraqi children during your

Q..
12 stay at that village?
13.Yes, Ma'am.

A..
14.And Private Richmond was also a part of that, wasn't he?

Q..
15.Again, I can't answer that question because my security

A..

16 point is actually behind a council building and his was located at
17 the front, Ma'am.
18.

DC: Nothing further, Your Honor.
19.

MJ: Any redirect?
20.

TC: No, Your Honor.
21

017447
541

1.MJ: Members of the panel, any questions for Specialist

2 IIIMIN(9(6)---L
3 [A question from coLIIIIIIIpwas marked as AE XX, inspected by both
4 counsel, and handed to the military judge for questioning.]
5.EXAMINATION BY THE COURT-MARTIAL
6 Questions by the military judge:

CY WZ

Q..
8 before the 28th of February, you were briefed on changes to the ROE,

9 is that right?
10.Yes, Ma'am.

7.Specialist., you said that the week and a half

A..
11.Do you recall what those changes were?

Q..
12.Yes, Ma'am. We actually had a couple of meetings, one with

A..

13 the Battalion Commander and one with the Battalion Sergeant Major and
14 the changes were made that we were not allowed to fire warning shots,
15 we were not authorized to--excuse me--we were not allowed to return
16 fire unless fired upon. We could identify the target, identify that
17 the target was armed and I believe that was the rest of the changes,

18.

Ma'am.
19.So you said the briefing was done by the Battalion

Q..

20 Commander and the Sergeant Major?
.

21 A..
Yes, Ma'am.

017448
542

Q..

And to the best of your recollection, you were told to not

2 firelwarning shots, you are not allowed to return fire unless fired

3 upon and identifythe talrget
.

4 A..

Yes, Ma'am.
5.

MJ: Any other questions for Specialist

6.RECROSS-EXAMINATION (4q:7

7 Questions by the d9fense counsel:

8.Specialist.

Q..wasn't it also changed or reemphasized

9 during that time period that if you were going to shoot, you were to 10 take aimed shots? 11 A..
Yes, Ma'am.
12.

MJ: Permanent or temporary, Government?
13.

TC: Temporary, Your Honor.

14 (The witness was duly warned, temporarily excused, and withdrew from

15 the courtroom.]

16.

MJ: Government?
17.

TC: Your Honor, at this time the government requests permission
18 to publish Prosecution Exhibit 8 to the panel?
19.

MJ: You may.
20.

TC: Thank you, Your Honor.
21

543 .017449
DOD-040704
1.

MJ: Members of the panel, a stipulation of fact is an agreement

2 between the trial counsel, the defense counsel, and the accused that
3 this fact is now a fact in evidence befor4Lch you may consider
4 along with all the other facts and evidellibefore you.

5.Please proceed.

6 [The Trial Counsel published Prosecution Exhibit 8 to the members of

7 the panel.]

8.

TC: At this poit the g9vernment requests a recess to go over a
9 few legal issues.

10 MJ: How long do you need?
11 TC: About 5 minutes, Ma'am. .
12 MJ: Okay.
.

13 TC: Thank you, Your Honor.
.

14 MJ: Court is in recess.

15.

[The court-martial recessed at 1520, 4 August 2004.]

16 [The court-martial was called to order at 1533, 4 August 2004.]

17.

MJ: Court is called to order. All parties present when the
18 court recessed are again present.

19.Government?
20.

TC: Your Honor, the government rests.
21

017450
544

1.MJ: Sir, members of the panel, there are several things that I

need to take care of with counsel now. This recess is likely to be,
3 for you all, half an hour, not more than 45 minutes. Then we will

4 recall you. My preference is to drive on and take the rest of the
5 evidence tonight. We will probably then break and come back for
6 instructions and arguments in the morning.

7.I remind you of what I have told you before, and that is,
8 please do not discuss the merits of the case or anything you have

W

9 seen so far, even amongst yoursel, and certainly not with other
11111 (`40-7C
10 outside people during the reces . Save your discussions and thoughts
11 until you are in your deliberations. Thanks.
12.Court's in recess.
13.

[The court-martial recessed at 1535, 4 August 2004.]
14.[END OF PAGE]
15

545.017451

1.

[The Article 39(a) session was called to order at 1535, 4 August

2.

2004.]
3.

MJ: Please be seated. The members have left the courtroom.
4 All other parties are present.
5.Defense, are you ready to proceed?
6.

DC: Your Honor, the defense requests approximately a 30-minute
7 recess to better prepare, certainly for the better judicial economy
8 later on.
9.

MJ: All right. Court's in recess.
10.

[The session recessed at 1536, 4 August 2004.]
11.

[The session was called to order at 1620, 4 August 2004.]
12.

MJ: This Article 39(a) session is called to order.
13.All parties present when the court recessed are again
14 present. The members are absent.
15.Defense, are you ready to proceed?
16.

DC: Yes, Your Honor.
17.

MJ: Please proceed.
18.

DC: At this time the defense moves to dismiss the Charge and
19 its Specification under R.C.M. 917.
20.

MJ: What is your basis?
21

017452
546

1.DC: Your Honor, the government has failed to present evidence

2 that the killing that was done by the accused was in fact unlawful

3 and R.C.M. 916(c) provides that killing an enemy combatant is

4 justified. Further, it defines justification as a death, injury, or

5 other act called for proper performance of a legal duty is justified

6 and not unlawful.

7.The government has failed to show that Private Richmond was

8 not acting within his legal duties at the time of the killing, Your

9 Honor. 10 MJ: It is a good argument.
11 Government, what is your response? .
12 TC: Your Honor, the response is the fist, second, and fourth
13 elements, there are no questions about them and in the government's
14 view there is no question about the third element of unlawfulness.

401

We proved that Mr..

15.was not an enemy combatant, but rather a

16 civilian, a detained civilian and to add on to the unlawfulness, he

17 was flex-cuffed at the time that he was shot.

18.The evidence introduced by the government was that he was
19 flex-cuffed and Richmond observed him being flex-cuffed when he was
20 flex-cuffed.
21

017453
547

1.

MJ: All right. I am satisfied and your motion is denied. I am

2 satisfied that there is evidence, which taken together, with all
3 reasonable inferences and applicable presumptions could reasonably

4 tend to establish every essential element of the offense charged,

5 which is unpremeditated murder. Viewing the evidence in the light

6 most favorable to the prosecution without an evaluation of the
7 credibility of the witnesses, there is plenty of evidence upon which
8 the members may find each and every element.

.

9 Are you ready to proceed? 10 DC: Yes, Your Honor.
11 MJ: Call the members. 12.
[The Article 39(a) session adjourned at 1634, 4 August 2004.]
13.[END OF PAGE]
14

.

548 017454
DOD-040709

[The court-martial was called to order at 1634, 4 August 2004.]

2.

MJ: Court is called to order.

3.All parties present when the court recessed are again
4 present. The members are also present.
5.Defense?
6.

DC: Yes, Your Honor.

7 PRIVATE FIRST CLASS3, U.S. Army, was called as

8 a witness for the defense, was sworn, and testified as follows:
9.DIRECT EXAMINATION
10 Questions by the trial counsel:

11.You are the accused Soldier in this case?

Q..
12.Yes, Sir.

A..
13.

TC: Your witness.

14 Questions by the defense counsel:

Q..

15.Afternoon Private Richmond.

A..
17.Private Richmond, who shot Mr. ara?

16.Good afternoon, Ma'am.

Q..
18.I did, Ma'am..

A..M(C)-Lk
19.Why?

Q..
20.I felt he was attacking Sergeant1111111 Ma'am.

A..

.
21

(L-) (9-9--
549 .017455
1.How old are you?

Q..

A..
2.I am 21 now, Ma'am.

3.Did you graduate from high school?

Q..

A..
4.No, Ma'am. I dropped out after tenth grade but I went back

5 afterwards and got my GED.
.

6 Q..

When did you join the Army?
.

7 A..

In 2002, Ma'am.
.

8 Q..

What month?
.

9 A..May, 2002, Ma'am.
10 Q..Where did you go through basic and AIT?
11 A..Fort Benning, Georgia, Ma'am.

.

12 Q..

What was your first duty assignment?
.

13 A..

Schofield Barracks, Hawaii, Ma'am, with HHC Company, 1-
14 27th, Ma'am.
15.What is your MOS?

Q..
16.I am an 11 charlie, Ma'am.

A..
17.Did you ask to be an 11 charlie?

Q..
18.No, Ma'am.

A..
19.What did you ask to be?

Q..
20.They told us to just sign up for 11 x-ray. That was just

A..
21 infantry, Ma'am. I didn't realize there was a distinction but I
22 found that out later in basic, Ma'am.
23

.017456
550

Q..

1.How do you like being an 11 charlie?

A..
3.To what unit were you assigned once you arrived at

2.I like it, Ma'am.

Q..
4 Schofield?
5.To 1-27, Ma'am. The HHC, the Battalion Mortar Platoon,

A..
6 Ma'am.
7.So you have been with that platoon the entire time?

Q..
.

8 A..

Yes, Ma'am.
9.Private Richmond, at some point during your time with 1-27,

Q..
10 did you(unit get notified that they would be coming over to the

11111-

11 Middle East?
12.Yes, Ma'am.

A..
13.At what point were you notified of that?

Q..
14.It was probably around the middle of 2003, Ma'am. We were

A..
15 told we were going to Afghanistan, so we had like 6 months to prepare
16 for that.
17.That was our understanding for about the next 3 months.
18 Around October it got changed and they told us we were actually going
19 to Iraq so we changed up a few small points in the training but it
20 was pretty much still the same. We were still getting ready for
21 deployment.
22

017457
551

1.Okay, what kind of training were you doing back at

Q..

2 Schofield?
3.They were doing things like, how to identify an IED, what

A..
4 was an IED, because we didn't know what that was at the time, you
5 know, land mines, you know, how to--basic ROE that applies to

6 everyone no matter where they are but they didn't get too specific
7 with that. They were mainly about land mines and IEDs, Ma'am. So it
8 was like, be careful for all of that.

Q..10 environment? 11 A..
9.Was the training a little bit different in a jungle

Yes, Ma'am.
12.And how was that different once you actually got over here

Q..
13 in Iraq?
14.There was no jungle, Ma'am, and we didn't do the same basic

A..
15 operations that we did on Schofield that we trained for, Ma'am.
16.What day did you arrive in Kuwait?

Q..
17.I believe it was February [sic] 22nd, 23rd, Ma'am.

A..
18.And what day did you arrive up at FOB McHenry in Iraq?

Q..
19.I think it was sometime around the 9th, Ma'am. I am not

A..
20 sure of the exact date.
21

.

552 017458
1.How did you move north?

Q..

A..
3.How did you move north? Did you convoy?

2.Excuse me, Ma'am.

Q..
4.Yes, Ma'am.

A..
5.Did you fly?

Q..
6.Yes, Ma'am, we convoyed.

A..
7.Who was on your convoy?

Q..
8.Most of my battalion, Ma'am. Most of the Brigade Combat

A..

9 Team actually. They had a few different companies from the brigade
10 that flew up but I believe it was Alpha, Bravo, and HHC Companies
11 that convoyed up from our battalion.
12.Did you convoy with your squad?

Q..
13.Yes, Ma'am.

A..
14.With members of your platoon?

Q..
15.Yes, Ma'am.

A..
16.From the time that you arrived at FOB McHenry about the 9th

Q..
17 of February to the time that you shot Mr. Kadir on the 28th of
18 February, how many missions had you been on?
19.Approximately 10, Ma'am.

A..
20.What was your role on those missions?

Q..
21.It all depended on the given the specific circumstances,

A..
22 Ma'am.
23

553 .017459
DOD-040714
1.Okay.

Q..

A..
3 meeting. Sometimes we were interacting with the local community, the
4 kids, and opening schools and things of that nature. Some were raids
5 to go look for this, look for that. Some were TCPs, like on the
6 28th, Ma'am.
7.You indicated that you didn't receive much training on the

2.Sometimes it was just to pull security for a town council

Q..

8 ROE when you were back in Schofield?
9.That is correct, Ma'am.

A..
10.When did you receive further training on the ROE?

Q..
11.They discussed it back in Kuwait, Ma'am, and then all the

A..
12 time once we hit the ground in Iraq, Ma'am.
13.Did they give you anything when you were in Kuwait?

Q..
14.I believe they gave us a CFLCC card, Ma'am, it was like a

A..
15 green card.
16.Okay, and what was your understanding of what that was?

Q..
17.That was just the general rules of engagement for the area,

A..
18 Ma'am.
19.Private Richmond, what was your understanding of the use of

Q..
20 self-defense or defense of others in February of 2004?
21.My understanding was that if you felt yourself or another

A..
22 Soldier was threatened then deadly force was authorized.
23

.017460
554

1.And did you have a choice as to if you used deadly force or

Q..

2 not?

A..

3.Yes, Ma'am.

Q..
5 decision?
6.Nobody, Ma'am.

4.Who did you have to check with before you made that

A..

7.Okay, why is that?

Q..
8.Because depending on the situation, it might not be

A..

9 something that gives you time to, you know, call higher up and things
10 like that can take 20, 30 minutes, Ma'am. Or, if you are next to

11 another Soldier, I mean, you don't take the time to clarify it if you
12 see something that is directly happening, Ma'am. So, depending on
13 the circumstances, you don't clarify in given situations.
14.

Q. Were you present at the briefing that Sergeantallin
.

talked about on the evening of the 27th of February?
.

15.()(-q
16 A..

Yes, Ma'am.
17.[END OF PAGE]
18

.017461
555

What information was put out at that briefing about the

2 mission the next day?
.

Q•.

3 A..

We were told the basics of the mission. We were told that
4 it was old Iraqi Army personnel, like armorers, you know, basic
5 militants like that that were having weapon cashes and building new
6 weapons since they had an armorer, you know, storing their things up.
7 So, we were going to look for them.
8.We were told specifically that we were setting up a TCP on
9 the south side of the town, to let no traffic come in or out of the

10 village and to shoot anyone running from the village, Ma'am.
11.How did that differ from the normal mission briefings

Q..

12 before the 28th?
.

13 A..

We had never been told to shoot anyone fleeing a village or
14 any area before, Ma'am.
15.Private Richmond, there has been some testimony by other

Q..
16 witnesses that the ROE changed between the 18th of February and the
17 28th of February, do you recall that testimony?
18.Yes, Ma'am.

A..
19.Okay, how did it change?

Q..
20.First off, they stressed aimed shots. If you take a shot,

A..

21 you will be looking in the scope. That is basically what they told
22 us, Ma'am.

23
.

556 017462
DOD-040717
A..

1.They also told us that after an IED goes off, you don't

2 spray the place down. Look for the person who set it off, you know.
3 Those were the two main things because after that incident, those
4 were the two big concerns, Ma'am.
5.On the 27th of February, during the daytime, what type of

Q..
6 shift did you work that day?
7.I believe that I just had a regular shift, either doing

A..
8 some detail right there or working on the gun system, Ma'am.
9.Okay, what hours did you work that day, do you recall?

Q..
10.Probably would have worked until about 2100, Ma'am.

A.
.
11.And the briefing of Sergeant...occurred around 22 or

Q.

12.

2230?.

HA3L
13.Yes, Ma'am.

A..
14.Were you asleep at the time and woken up for the briefing

Q..

15 then?
16.I believe I was already awake but getting ready to go to

A..
17 sleep, Ma'am.
18.What time did you go to bed that night?

Q..
19.I probably went to sleep about 2330, Ma'am.

A..
20.And what time did you get up on the morning of the 28th?

Q..
21.Around 0330, Ma'am.

A..
22

017463
557

1 Q. PFC Richmond, what were you wearing that morning in

2 preparation to go out on this mission?
3 A. kevlars,.

We all were wearing DCUs,.flak vests, and I also
4 had on a Gore-Tex top as well, Ma'am, because it was cold back then,
5 Ma'am.
6 Q. Were you wearing the old kevlar or the new kevlar?
7 A. The old kevlar, Ma'am.
8 Q. Did you have on those glasses that you are wearing now?
9 A. I was wearing these glasses and they had some

Yes, Ma'am..
10 large goggles up on the top. I was wearing gloves,on my hands also,
11.

Ma'am.
12.Was it still cold in February?

Q..
13.It was really cold, Ma'am.

A..
14.Approximately how long did it take you to get from your SP

Q..
15 point on FOB McHenry out to the village that you were going to?
16.Approximately an hour, Ma'am. It wasn't really that far of

A..
17 a drive, but it was really foggy that night and we were the second to
18 last vehicle in the convoy when we left out and the Avenger behind us
19 that was supposed to be pulling rear security got lost at some point,
20 Ma'am.
21

558.017464

A..

1.It was--because it was so foggy so I remember we stopped

2 for a while because they had me waving an infrared chem-light hoping
3 they could find us but they ended up catching up to us about an hour
and a half later, Ma'am.
.

5 Q. Private Richmond, if I can go back for a moment to talk
6 about what you knew about the mission.
.

7 A..

Yes, Ma'am.
8.Did this mission seem to be more important to you then

Q..

9 other missions that you had been on?
10.Yes, Ma'am.

A..
11.Okay, why was that?

Q..
12.We had never been given anything this specific before as

A..

13 far as the details that we were told in the briefing and they said
14 they had HVTs, high value targets and I think that was our second
15 mission on that but they said they had several in that village and
16 the other one was just for one person and we weren't right there in
17 that vicinity, Ma'am.

18.And you knew that it was at least more then one person that

Q..
19 Alpha Company had hoped to detain?
20.Yes, Ma'am.

A..
21

559 .017465

1.Were you with your normal mortars squad when you went on

Q..

2 that mission?
3.No, Ma'am.

A..
4.Who----

Q..
5.I was attached to the first gun squad and to Sergeant

A..
6 1111111,that day, Ma'am.
7 kik-4r1)Q..

Why were you attached to that gun squad?
.

8 A..

They were originally going to send the first gun squad,
9 Ma'am, but our platoon leader didn't want to have a corporal in
10 charge of the operation so they attached Sergeantilillikand they
04(j-fZ-

11 still needed another person so I was picked for that,-"-Ka'am.
12.Okay, when you are with your regular squad, what's your

Q..
13 normal duties with them?
143I am gunner, Ma'am, so I basically serve as a team leader

A.3
15 in our squad.
16 Q. Now had you ever worked with Sergeant ...before?
17 A. Ma'am.

No,3
18 Q. Did you know who he was?
19 A. Ma'am.

Yes,3
20 Q. Did you know that he was an NCO?
21 A. Ma'am.

Yes,3

22

560 017466
DOD-040721

Q..

1.So when you arrived at the south part of the village to set

2 up the traffic control point, how did your group split up, if they

3 did?

A..

4.We arrived there and originally the Avenger wasn't there

5 yet so we had people pulling security in every direction. We had

6 myAelf, I was watching the right view.

7 I think.was watching the left field Ma'am, and

8 was u on the SAW and Specialistaillirand Corporal
(.-)t(0\

9 were watching, you.

, for traffic that might come in or out of the
10.as just walking around.

village and Sergeant.

Q..
12 mission?

11.Okay and how did you feel about going on this high priority

A..

13.You feel the same as--because things pop up all the time

14 but you are just really alert for things like that, Ma'am.
15.Okay, did you feel alert that morning?

Q..
.

16 A..

Yes, Ma'am.

17.Private Richmond, at some point while you were at the

4..

18 traffic control point, you saw the farmer who has now been identified

19 as Mr.111111 leave the village.
c0)-\.1
20.Yes, Ma'am.

A..
21

561.0-17467
1.At approximately what time do you think that he left the

Q..

2 village?
3.At 08-0815, Ma'am.

A..
4.How long had the mission in the village been going on at

Q..
5 the time you saw Mr..

leave?
6 A..

.Maybe 2 hours, Ma'am..

(,6)10z-
And you asked Sergeant11111111 if you could shoot him?
8.Yeah, I asked if we were supposed to shoot him, Ma'am.

A..
9.Okay, why did you ask him that?

Q..
10.Because we were told:to shoot all males fleeing the

A..
11 village, Ma'am. That was a first to me, you know, and it is easy
12 enough when somebody tells you to do it but when you actually see
13 something going on, you know you want to seek clarification before
14 doing something like that, Ma'am.

(.,-,)04 )1\
15.Did you think that Mr.I11111 was actually fleeing the

Q..
16 village at that time?
17.I didn't know what he was doing, Ma'am, to be totally

A..
18 honest with you. That is why I asked the question. I figured it was
19 not my decision to make.
203And that was in part because of this guidance that you

Q.3
21 received?
22.Yes, Ma'am.

A..

23

.017468
562

Q..

1.You had never been given that guidance before?

A..

2.Correct, Ma'am..

P102—v

3.

Q. What did Sergeantailliptell you?
4.He told me, "No." So we left it at that, Ma'am.

A..

C1-5

-

Q..
6 some of the ROE training, train up that you received to come over to
7 OIF?
8.Yes, Ma'am.

5.You have heard testimony from Specialist.about

A..
9.What type of training did you receive about what the enemy

Q..10 will look like? 11 A..
They were telling us--they had people dressed in large
12 robes and stuff when we do FTXs and field problems like that, but
13 they had a big classroom session where they were going over all kinds
14 of slides and information.
15.They were getting people who were already over here to talk
16 to people about tactics they were using and things like that. So,
17 they were telling us to suspect anything, you know, IEDs are
18 everywhere, don't touch stuff because they put grenades under
19 everything.
20.When you are searching a vehicle, check everywhere. We had
21 like a 2 or 3 hour class on how to look through a vehicle because
22 they had so many hiding spots.
23

017469
563

A..
2 the places you are supposed to search. Things and stuff like that,
3 Ma'am.
4.Had you received training on how to search someone who was

1.We had like when you are actually searching a person all

Q..

5 going to be detained?
.

6 A..

No, Ma'am.
.

7 Q..

Had you ever detained anyone before?
.

8 A..

I had flex-cuffed people before, Ma'am, on the 18th of

9 February but I hadn't detained them in the sense that we went out
10 there, got them, and flex-cuffed them. Not in that sense, Ma'am.
11.Did you search them before you flex-cuffed them?

Q..
12.They were already searched, Ma'am.

A..
13.Another Soldier did that?

Q..
14.Yes, Ma'am. I watched that.

A..
15.Okay, while you were at the TCP, a call came out over the

Q..

16 radio?
.

17 A..

Yes, Ma'am.
18.Okay, and what was the information that came out over the

Q..
19 radio?
20.To detain all males in the area, Ma'am.

A..
21.Who called back for clarification?

Q..
22

017470
564

01°2
1 A..

Sergeantillillirdid, Ma'am.

2.What was the answer once he sought clarification?

Q..
.

They said to detain all males in the area, you know, every

3 A..

4 male you can find, detain them.

5.Did you volunteer to go with Sergeant

Q..
6.I told him that I would go with him, Ma'am, if he needed me

A..
7 but he picked me and told me to come.
8.So it wasn't you fighting over other Soldiers to go out

Q..

9 there?
10.No, Ma'am.

A..
11.Who was the closest individual at that time?

Q..

(9E41
12.Ma'am.

A.

mr.
13.Approximately how far away from Mr.1111110were you when you

Q..
14 think he first saw that you were coming toward h.m?

I

15.Approximately 25 meters, Ma'am.

A..

(0(6)-1
16.Did either of you call out to Mr.1111111111 at that time?
)1(c)-7.-

Q..

17.At this time, Sergeant already designated that I

A..
18 would be pulling security on him and that he would be atteppting to
19 flex-cuff him so it wasn't my place to talk. Sergeantillillip was

20 trying to tell him, you know, to turn around, turn around before we

21 go there but they didn't speak the same language so that wasn't

22 working.

.

565 017471
,.4,,,„
Pa_s, 67.4 gee,t,,c_thcd
")r.
4-7-17
ip-g,g
Ifto-- es,* 5-65--.Ian*
(-9(°1-
01'7472

Q..

1.As the PFC with the E5, would it have been your place to be

2 the one to talk to Mr. MM. 1(_(:pi
3.Well, if I was attempting to detain him, Ma'am, I probably

A..

4 would have taken that but as a security presence, my job is just to
5 observe and to make sure that Sergeant. doesn't come under
6 attack or nothing crazy happens while h.n t able to defend
7 himself, Ma'am, because you have to sling your weapon, you know, so
8 you can have both hands free, Ma'am.

9.So at what point did Sergeantiallb sling his weapon so

Q..10 that he could have his hands free? 11 A..
At some point walking over Xowards the,pan. I am not sure
12 how far away he was, Ma'am. I would say between 50 and 25 meters he
13 just let his weapon drop down in front of him as we were walking
14 towards him, Ma'am.
15.Was there anything obstructing your view of Mr. aler

Q•
16.No, Ma'am. Q*0

A..
17.As far as you could tell was.

Q..e anything obstructing any
18 kind of line of sight between Mr...

and Sergeant.

. CN-L

19.No, Ma'am.

A..
20.Were does Sergeant.

Q..have his weapon?
21.It was in the front of him, Ma'am.

A..
22

017473

567

Q..

1.How were you holding your weapon as you approached Mr.

2
3.I was in the low ready.

A..
4.Was there any obstruction at all from your weapon?

Q..
5.No, Ma'am.

A..

(r

6 At what point does Sergeant.start to talk to Mr.
7 =It

.

8 A..

As we were walking up to him, Ma'am. Once we got pretty

9 close, maybe from here to the courtroom door; he started to tell him
10 to turn around, turn around, thing like--but no response because he
11 didn't know what he was saying, Ma'am.
12.Mr..

Q..didn't speak English?
13.No, Ma'am.

A..
14.As far as you could tell?

Q..
15.Naw, he didn't turn around.

A..
16.How did Mr. first react when he saw that you were

Q..
17 first approaching him?
18.He started pointing back at the village. It sounded like

A..
19 he was angry and I have no idea what he was saying but the impression
20 I got was, "Oh no, not me. They are over there in the village. Go
21 back to the village." Things like that. I know he was trying to
22 redirect us back to the village.

23

568.017474
DOD-040729
1.Was he pointing towards the village or pointing in another

Q..

2 direction?
3.He was pointing towards the village, Ma'am.

A..
4.What was the tone of his voice?

Q..
5.Loud, Ma'am.

A..
6.Did he sound angry?

Q..
7.Yes, Ma'am.

A..
8.How loud?

Q..
9.I don't know what [raising his voice] he was saying but go

A..
10 down--that is the impression I got, Ma'am.
11.Were you wearing ear plugs when you when you went out to

Q..

12 approach M
13.I was wearing one, Ma'am. It was mandatory for people in

A..
14 our platoon to wear at least one earplug as soon as you roll out the
15 gate after the 18th of February.
16.Which ear did you have it in?

Q..
17.I can't recall, Ma'am.

A..
18.But one was mandatory?

Q..
19.At least one, yes, Ma'am.

A..

(4-u\
20.Once Mr..

Q..was pointing towards the village----
21.Yes, Ma'am.

A..
22

017475
569

1.----Did any kind of dialogue continue between he and

Q..

2 SergeantIIIIIIIPW./
.

3 A.., at that time I

He was speaking Arabic and Sergeant.
4 think he addressed me and was like, "Man, it is this guy's unlucky
5 day." Something along those lines.
6.As I was moving into position where I was going to stand

tw 47./

7 at, Ma'am, I believe Sergeant was like, "Turn around." He
8 kept telling him to turn around but he didn't know what he was
9 saying. It was pretty useless, Ma'am.

10.Now Sergeant11111111had directed you to stay at the low

Q..

.
(..q(#7."

11 ready?
12.Heididn't give me any direction on my weapon, like my

A..
13 placement at that point.
14.How did you know how to hold your weapon?

Q.3
153I just knew, Ma'am. It is pretty basic. When you walk

A.3
16 around you are at the low ready and you know, when you are pulling
17 security on somebody you don't want to be at the low ready, you are
18 going to raise up to the high ready, Ma'am.

A-
19.SergeantIIIIIIIIindicated in his testimony that he directed

Q.3
20 you where to stand when pulling security.
213Yes, Ma'am.

A.3
22

017476

570

1.And did you follow his direction?

Q..
.

Yes, Ma'am. He didn't tell me where to stand at, Ma'am,
3 but I knew where to stand, like I said. So I stood off to the right
4 of both of them, Ma'am.
5.And how did you know where to stand?

2 A..

Q..
.

6 A..You have got to get an angle to where you can see the other
7 side of the person that the other person can't see and to where if
8 you do have to fire a shot to where it is not going to go
9 through--where it would not go through Sergeant.I wouldn't

10 want to shoot to where it would--you know--you know what I am saying,
11.

Ma'am.
I can't stand in front of the guy when Sergea.

12 11,1111, was
13 standing directly behind him just in case something happe s,and I

cN-t,

14 have to fire that shot, I don't want it to hit Sergeant.too,
15.

Ma'am.
16.Safety concerns?

Q..
17.Yes, Ma'am.

A..
18.As you approached Mr..this 50 to 25 meters, he

Q..

19 didn't make any sudden movements during that time period?
20.No, Ma'am.

A..
21

.

571 017477
1 Q..
Okay, he didn't try to flee?
.

2 A..

No, Ma'am.
.

3 Q..

Nothing that caused you any concern?
.

4 A..

No, Ma'am.

(42).--q-
5.As this apprehension progressed, Sergeant...Vegan to

Q.
6 try to zip-strip Mr..is that right?

!Orr

7 A..

Yes, Ma'am. '

"dl\-

Q..
9 that time?

8.Okay, and how much resistance was Mr.111111pgiving during

A..

10.From where I was at I could see his right arm and I don't

11 know if you wanted me show you what I saw, Ma'am, but he was moving

12 his arms and shoulders and you know, I could see like this [gesturing

13 with his arms] as Sergeant.was trying to hold his arms behind
14 him, Ma'am.
15.

DC: The witness has just made a jerking motion back and forth
16 with his left and right shoulders with his arms positioned behind his
17 back as if they were flex-cuffed low at his waist.

Q..

18.Based on your motion, 7(pli indicated that both arms were

19 behind him. Was he resisting prior to having both arms behind him?
20 A..

He wasn't cooperating at all, Ma'am.
21

017478
572

1.How was----

Q..

2.He didn't try to run off or anything like that. He wasn't

A..
3 cooperating originally, you know, Sergeant had to physically

4 turn him around and then he wouldn't keep his hands still for
5 (Gi-Z.Sergeant.to flex-cuff him after Sergea t.moved in place
6 behind him, Ma'am. (OW

Q..

7.Now during the time that SergeantIIIIIIIIkas trying to

8 flex-cuff Mr..where was your weapon?
.

9 A..

My weapon was at the high ready. It was aimed around his

10 chest, Ma'am.

11.Why was your weapon moved up to the high ready?

Q..
12.Because I can't pull security on somebody unless my weapon

A..
13 is on them, Ma'am, so I wouldn't point it at the ground right there,
14 you know. As soon as I walked up I got a few meters away from him,
15 Ma'am, and I raised it up to his chest.
16.How did your weapon come to be pointed as his head?

Q..

A..

17.Once he started resisting and his hands were behind his

18 back, Ma'am, I--Sergeant.turned to me and he instructed me to
19 put my weapon on his head and to fucking shoot him if he moves,
20 Ma'am.
21

573 .017479

1.Did that surprise you?

Q..

2.Yes, Ma'am. The way he said it, he sounded freaked out and

A..

he sounded scared, Ma'am, when he said it.
4.And at this point Mr. larwas still resisting?

Q.

5.411

A. Yes, Ma'am..
6.Still struggling?

Q..
7.Yes, Ma'am.

A..
8.With his shoulders?

Q..
9.Yes, Ma'am.

A..
10.Back and forth?

Q..

c.(91CA:1--

11.Yes, Ma'am. At that point, once Sergeantrialltold me

A..

12 that, that is when I turned my weapon down because I was using the
13 iron sights at that time, Ma'am, and I flipped down my iron sight and
14 turned on the 68 and I came back to his head, Ma'am.

15.Private Richmond, what could you see when you were looking

Q..
16 through the sight?
17.When I was looking through the scope, the vision was

A..
18 restricted because I was'so close and I was actually looking through,
19 you know, because they had been telling me, "Only aimed shots. Only
20 aimed shots."
21

.

574 017480
I

1.Plus, due to Sergeant.standing right there,

A..

2 wouldn't take the chance of, oh I think I am pointing in the right
3 direction, you know, with somebody that close. So, I could see the
4 guy's head and shoulder region, Ma'am.. C9LEPI

5.How far away from him were you, from Mr.11111.

Q..
6.One to two meters, Ma'am.

A..
7.Why did you need your scope if you were only 1 to 2 meters

Q..
8 from him?
9.Because I didn't want to take the chance of, oh I thought I

A..
10 was pointed at him, but you--with the angle--with them being so close
11 and with them stressing to us aimed shots only, I was just doing what
12 I was told to do, Ma'am.
13.What was going through your head at this point?

Q..
14.I was just like, "Man I hope this guy don't give us no

A..

V4-1-
15 shit." You know, because with Sergeant the way he was
16 acting, Ma'am, it was kind of affecting me but I was trying to keep
17 my calm, you know and just watch out and keep my calm and see if this
18 guy did anything.
19.And you had pulled security missions before?

Q..
20.Yes, Ma'am.

A..
21

017481

575

1.Private Richmond, when you were leaving the TCP to go out

Q..

2 the 200 to 250 meters to Mr. MP what sounds could you hear coming
.

3 from the village? OV\
A..I don't know if I actually heard gunshots while I was
5 walking through the field, Ma'am, but you know they wer going on.
6 They were starting to get less and less frequent but you could hear
7 all kinds of noise. You could hear doors getting kicked in. You
8 could hear people. You couldn't really hear what they were saying

9 but you could hear people off in the distance and they were a few
10 hundred meters away so I assumed it was screaming and things like
11.

that, Ma'am.
12.Did you know if Alpha Company had detained all of the high

Q..
13 value targets that they were hoping to detain?
14.No, Ma'am.

A..
15.Do you know, or they did not?'

Q..
16.No, I certainly did not. I assumed that somebody had

A..
17 escaped since they put out the call to detain every male because it
18 came pretty urgent. We were kind of keeping track on the radio of
19 what was going on. All the houses weren't done being cleared or
20 whatever buildings they were going into weren't done being cleared
21.

yet, Ma'am.
22

576.017482
Q..

1.That information was coming in over the radio?

A..
3.Where was Mr. Ilillystanding?

2.Yes, Ma'am.

Q..
(4cirA

4.

A. Ma'am?.

(064;7-
5.What was he standing on when Sergeantallilirwas trying to

Q..
6 flex-cuff him?
7.He was standing on a berm, Ma'am.

A..
8.Okay, can you describe the berm for the panel?

Q..
9.Uh--I don't know if you all have seen them out here in the

A..

10 fields when they--I don't know why they make them but it is probably
11.

[holding his arms apart] this tall off the ground and it is just
12 rocks and dirt that is elevated off of the normal terrain.
13.

DC: The witness had indicated a span of approximately one foot
14 in distance to indicate the rise of the dirt.
15.What was the rest of the terrain like around that dirt,

Q..

16 around that berm?
.

17 A..It was a bunch of big chunks of dirt and rocks. The ground
18 was uneven. I don't know what they had did to the ground, Ma'am, but
19 it wasn't a normal flat field, Ma'am.

Q..
21.No, Ma'am.

20.It was not smooth terrain?

A..

.

577 017483
1.Were you also standing on the berm?

Q-.

2 A..

Yes, Ma'am.
3.Okay, was Sergeantlillillitanding on the berm?

Q-.
.

4 A..

No, Ma'am. He was standing on the ground just behind Mr.
5
6.Do you recall how tall Mr..

Q-.was?
7.I don't remember if we were eye to eye, Ma'am, but I think

A..
8 we were pretty close.
9.Did you near Sergeant...say, "He's good. Let's go."

Q-.
10.No, Ma'am.

A..
11.Did you start to lower your weapon as Sergeaft.

Q-.led
12 MAINE, away?

jqL\ ,(1
A..
14 approached Mr..

133N , Ma'am. The only time I lowered my weapon after I

was when he told me to put it on his head. Then
15 that is when I flipped down my iron sight and turned on the--my 68,
16 Ma'am.
17.And at that point where was your weapon on your body?

Q..

18 Where did you have your weapon on your body?
193Before of after, Ma'am?

A.3
203At the time that you----

Q.321 A.3
When I----

22

017484
578
1.----raised it and turned on the scope.

Q..

2.When I was--I was in the high ready already.

A..
3.Okay.

Q..
4.I was at the high ready already with the but stock in my

A..
5 shoulder, but I was pointed at his chest. And then when I lowered it
6 and came back up it was pointed at.

head but it was in the same
7 position on me, Ma'am.
8.Q..

Okay. At some point did you find out that Sergeant
9 had flex-cuffed Mr.
10.Yes, Ma'am..

A..

140_7,
11.Q. And at some po nt did you find out that Sergeantipalawas

12.away fr411 that detainment sight?

leading Mr..
13.Yes, Ma am.

A..
14.During--at t e tim

Q.3that you shot him, what did you see
15.

through your scope?.

Q4A

16.I could see Mr. OW I could see a little bit around his

A..
17 head and I could see his shoulder region, Ma'am.
18.

Q. Okay, why did you shoot him?.

COWL-
19.I felt he was attacking SergeantIIIIII, because about 3 to

A..
20 5 seconds after he screamed at me, you know, "Put your weapon on his
21 head and if he fucking moves, shoot him."
22

017485
579

1.I mean, I wouldn't shoot him just because he was moving but

A..

2 it was such a sudden movement, Ma'am, but the way that his body
3 turned, but he turned and faced sergeant111111, and was moving
4 towards him rapidly, Ma'am.
5.I felt he was lunging at him a d I didn't know that he was
6 handcuffed and I thought maybe he had otten something out of his
7 pocket. I didn't know what was6o4 on, Ma'am, so I shot him.
8.Did you see Sergeant.

Q..search Mr.
9.No, Ma'am.

A..
10.Private Richmond, have you se.

Q..the photographs that are
11 contained in Prosecution Exhibit
12.Yee, Ma'am.

A..(14414

13.What is Mr. 11111Wwearing around his neck in those

Q..
14 photographs?
15.A large red and white scarf, Ma'am.

A..
16.In those photographs, approximately how many of the feet

Q..
17 are laying on the side next to Mr.
18.Two and a half, three feet, Ma

A..
19.Okay, do you recall seeing that on3

Q... 111111tnat day?
20.(61"

A. Yes, Ma'am..
21

580.017486
1.Okay, where do you recall seeing that on Mr..that

2 day?
3.I remember seeing it around his neck: It asn't hanging

A..
4 down the side that I was looking at, Ma'am, but whe e he had it
5 wrapped around his neck you could see it because.

was large and
6 bulky all the way around his neck, Ma'am..

Q--Lt
7.How come you could not see that Mr..

Q..had been
8 flex-cuffed from the angle that you were standinciat?
9.The angle that I was standing at, like I said, I didn't

A..
10 want to stand at an angle to where I was directly side by side with

1.;)

,

11 Sergeant.or to where my round would, if I had to shoot,

12 penetrate Mr.11111Irand hit Sergeant11111111as well, so I was facing
13 his side and hg214-1 at an angle to here I couldn't see behind his
14 i(back at the angle they were standin .
6 ,(Aqi

153I could see Sergeant.standing behind him and I could
16 see him right there with his arms behind his back until I looked into
17 the scope, Ma'am, but I couldn't see the actual interaction between
18 their hands. I just saw the guy's arms and shoulders moving around
19 when they were, Ma'am.
203What concerns did you have about firing your weapon at Mr.

Q.3
f+1
213nowing that Sergeant3as so close by?

);1-
223I didn't want to hit Sergeant.

A.3Ma'am.

23 581 .017487
DOD-040742
1.Okay, what steps did you take to ensure that you wouldn't

Q..
2 then?
3.Before hand, Ma'am?.

A..

(g)W'A
4.when looking

Q. Well you indicated that you only saw Mr. NM
5 through your scope.
6 A..

Yes, Ma'am.
7.How did you know where Sergeant.

Q..idas?
.

8 A..

Well I was just looking through the scope. Are you talking
9 about after he started to lunge, Ma'am?
10.Yes.

Q..

11.I opened my left eye briefly and I didn't see anybody right

A..
12 there in that immediate area so I took a shot, Ma'am.
13.How did you feel the accuracy would be while using your

Q..
14 scope?
15.How did I feel the accuracy would be, Ma'am?

A..
16.Yes.

Q.
.
17.

A.
High. Excellent accuracy, Ma'am.OW1
18.Immediately after you shot Mr.1111Mand he fell to the

Q..
19 ground, what did you say to SergeantillIM

A..

Um, he asked me what happened d I told him that he jumped

21 ',at you.

22

582 .017488
DOD-040743

1.Is that it?

Q..

2.Yes, Ma'am.

A..
3.Now at some point Sergeant.

Q..left you in the field and
4 Specialist.ne?

came to the.
5.Yes, Ma'am.

A..
6.Q..happened?

What did you t 11 pecialist.
(911j-Z___
7.A..

Specialista111111, came up and i was kind of in shook,
8 Ma'am, because that was the first situation I had been in like that,
9 and he was like, "Are you okay? Here, do you want a cigarette? Calm

10 down. Calm down." So we were talking for a second just he was
11 calming me down, Ma'am and then he was like----
12.

TC: Objection, Your Honor. Pursuing a line of hearsay.
13.

MJ: Okay, his own statements are not hearsay though. You can 14 testify to those though. Overruled. 153Please continue.
Q..
16.Yes, Ma'am.

A.3

17.He had offered you a cigarette.

Q.3
18.Yeah, he had offered me a cigarette, Ma'am, and then he

A.3

19 asked me if I knew the guy was flex-cuffed or if the guy was
20 flex-cuffed.
21

583 3017489
DOD-040744
1.

MJ: Oh. Sustained. Is that what you are trying to get at?

DC: Your Honor, it is going to go to his state of mind at the
3 time. There is a subsequent comment by Specialist111111111 that I am
4 going to follow up with.
5.

2.

TC: Your Honor, the statement made after the shooting is not
6 relevant.
7.

MJ: After the fact?
8.

DC: Your Honor, what he is telling him is an excited utterance

9 from Private Richmond still at that time un4r the extreme stress of
L.),4
10.that he didn't know

the situation where he told Specialist.
11 that he was----
12.

MJ: Then lay that foundation. Sustained for now.
13.Private Richmond, how did you feel after you shot Mr.

Q..

14 Imp
15...

I was shocked. You know, that was not what I expected to
16 do when I woke up that morning.
17.Had you ever killed someone before?

Q..
18.No, Ma'am..

A..

(640
19.

Q. About how much time had elapsed before Specialist MAR
20 had joined you in the field?
21.I probably had about 3 to 5 minutes by myself in the field,

A..
22 Ma'am.
23

584 .017490
DOD-040745
1.Before Specialist.got there?

Q ..

2.Yes, Ma'am.

A..
3.Okay, how were you feeling du ing this 3 to 5 dinute time

Q..

4 period?
.

I was just shocked--would be a oto00 word, Ma'am.
fq0--(,)
6.What did you tell Specialist.

5 A..

Q.. about whether or not

7 Mr..as flex-cuffed?
8.hat I did not know, Ma'am.

A..

9.At \some point during this investigation, did you then find

Q..

(!..7

10 out that Mr..as in fact flex-duffed at the time? 11 A..
Yes, Ma'am.
12.

DC: May I have a moment, Your Honor?
13.

MJ: You may.
14.

DC: Thank you.
15.

[Long pause.]
16.Private Richmond you indicated very early on in my

Q..
17 questioning that you are currently 21.
18.Yes, Ma'am.

A..
19.How old were you on the 28th of February?

Q..
20.Twenty, Ma'am.

A..
21.

DC: Nothing further, Your Honor.
22

585.017491
13 ClOtS-EXAMINATION

2 Questions by the trial counsel:
3.Private Richmond, on direct examination you testified that

Q..
4 you dropped out at tenth grade and got your GED and joined the Army,
5 right?
6.Correct, Sir.

A..
7.Isn't it true that you also went to a semester at LSU?

Q..
8.Um--I started a semester at LSU, Sir. I never finished it

A..

9 that. I was there for a few weeks.
10.You -got iTito LSU and you started school there?

Q..
11.Yes, Sir.

A..
12.And that is Louisiana State University?

Q..
13.Yes, Sir.

A..
14.On direct examination, you testified that your

Q..
15 understanding was the ROE was, regarding self-defense, that if you
16 felt threatened then deadly force is authorized?
17.Depending on the threat, Sir. Yes.

A..
18.What do you mean by that?

Q..
19.Well if somebody is throwing a rock at you, Sir, you are

A..

20 not going to shoot him. But if you felt as if someone is throwing a
21 grenade at you, then you can shoot him.
22

586.017492

Q..

1.So if someone is about to use deadly force against you,

2 then you can shoot.
.

3 A..

Or if you have that impression. Roger, Sir.
4.And if someone is not using deadly force or if you have the

Q..
5 impression they are not using deadly force you should use an

6 escalation of force?
.

7 A..

If the situation permits, Sir.
8.You also testified that on the 28th of February the--part

Q..

9 of the ROE was to shoot anybody running from the village. Did
10 you--or to shoot anybody fleeing the village.
11.Yes, Sir.

A..
12.Did you see anyone flee the village that morning?

Q..
13.Um--I saw people leave the village, Sir. I didn't know

A..
14 exactly their definition of fleeing the village.
15.What is your definition of someone fleeing?

Q..
.

16 A..

To say they are fleeing, you must assume they are being
17 looked for, Sir. So somebody that is being looked for in the village
18 that is trying to leave the village.
19.So you would expect them to be going fast, perhaps running?

Q..
20.Depends, Sir. Possibly.

A..
21

587 .017493

1.mr. Ulm wasn't fleeing the village, was he?
Q..
2.He was leaving the village, Sir.

A..
3.Was he fleeing the village?

Q..
4.I would say he was fleeing the village, Sir.

A..
5.In fact, Mr.111111paas walking with cows?

Q..
6.Roger, Sir.

A..
7.So he was a cow herder?

Q..
8.He was walking with cows, Sir.

A..
9.He wasn't fleeing with cows?

Q..
10.He wasn't riding one or getting on its back, Sir.

A..
11.The other issues you said about changes to ROE that

Q..

12 occurred in the 10-day period between the 18th and 28th of February,
13 you stated that the two things are aimed shots were emphasized and
14 also don't spray after IEDs. The second one, don't spray after IEDs,

15 what was the purpose for that particular ROE?
16.On the 18th of February, Sir----

A..
17.You don't need to go into that. What was the purpose for

Q..
18 the don't spray if an IED goes off?
19.So that innocent people are not killed after an IED goes

A..
20 off, Sir.
21

588 .017494

1.Would you agree that the ROE exists then to protect

Q..

2 innocent people such as civilians?
.

3 A..

I think it is to protect everyone involved, Sir.

4.Do you agree that it is to protect noncombatants and

Q..

5 civilians?
.

6 A..Some of it is, Sir. Roger, because parts of it, the self-
7 defense applies also to civilians, DOD people and things like that,
8 Sir. So roger.

9.You do admit that you asked if you were supposed to shoot

Q..10 Mr.IIIIIIP when he walked out of the village? 11 A..
Roger, Sir.
12.You also admit that you made previous statements about

Q..
13 wanting to kill, or wanting to bayonet, or about wanting to shoot an
14 Iraqi?
15.Roger, Sir.

A..
16.Prior to the detention, did Mr. 1111111.10 anything or did

Q..
17 you observe anything about him that would have classified him as an
18 enemy or a combatant?
19.Just being a male in the area that he was at, Sir, until we

A..
20 knew otherwise because we were being told that we were going after
21 all Iraqi personnel and to detain all the males in the area, Sir.
22

589.017495
A..

1.So until you were sure that someone was just there or just

2 lived there, Sir, that wasn't involved in whatever people we were
3 going after, Sir, then you had to assume the worst for everybody.
43I mean, it doesn't mean you are going to shoot at them just
5 for walking around for nothing, Sir, but you have to be suspicious of
6 everybody.
7.You can hear okay, right?

Q..
8 A..

Roger, Sir.
9.When--do you recall Sergeant111111110Itestimony?

Q..
10.Roger, Sir.

A..
11.When he was describing the zip-tie. Do you recall when he

Q.3

12 actually zipped--he actually did it on two occasions, he actually
13 zipped the zip-tie?
14 A. Sir.

Roger,.
15 Q. And you heard that from where you were, right?
16 A. Sir.

Roger,.
17 Q. And that was about 20 feet away?
18.From here to the bench, Sir?

A.3
193Yes.

Q.3
20.Roger, Sir.

A.3

21

590 .017496

1.And you heard Sergeant.

Q..the zip-tie on both

2 occasions?
.

3 A..

I only heard him do it once when he was in here when he
4 made the loop, Sir, and then he tightened it all the way, Sir.
5.How long does it take to turn on the 68 scope?

Q..
.

6 A..

The whole process, you know, flipping down the iron sight,
7 turning it on, getting it back up, 2 seconds, Sir.
8.And you stated on direct that you assumed that someone had

Q..
9 escaped.

1 0 A..Roger, Sir.
1 1 Q..Right, you said that?
12 A..Roger, Sir, it could be assumed. 4V1

13.

Q. Okay, you didn't assume that Mr. Illahad escaped from the

14 village, did you?
15.Like I said, Sir. You know, you don't look at everybody as

A..
16 Saddam Hussein himself, Sir, but until it is clarified otherwise, you
17 have to be suspicious, I mean, people are dying out here everyday so
18 you have to suspicious of everybody, Sir.
19.Answer the question. Did you or did you not assume that

Q..
20 Mr..

had escaped from the village.
21.I knew he had came from the village, Sir. I didn't know.

A..
22 I hadn't formed an opinion based off of that, Sir.

23 591 .017497
(44-jkl
1.What if anything did Mr. brAllrlo to indicate to you that

Q..
2 he had escaped?

A..

3.Well I watched him walk from the village, Sir, so I knew he

4 had left the village and I knew that the person they were looking for

5 was originally in the village, Sir, and I knew that they had not
6 found him in the village.

7.I mean, I hadn't made the connection. I wasn't trying to

8 call back and like we got this guy right here, but I knew that it was
9 a potential person Fh t they were looking for, Sir.
10.And Mr.

Q..was, in actuality, the entire time you were
11 watching him just watching his cows, right?

A..
13 was doing.

12.He was in the field, Sir. I would assume that is what he

14.Now you stated on direct, and correct me if I am wrong, is

Q..

15 "I didn't know what was going on, so I shot him."
16.Um, I don't know if those are the exact words that I used,

A..

&)114--

17 but I know when he turned and lunged towards Sergeant... yeah I

18 didn't know what he was doing, Sir. I couldn't see his hands and
19 what he had grabbed, like if he had a knife or something in his

20 hands. I didn't know--didn't know as far as that what was going on
21.

with it, Sir.
22

592.017498
(6)(0,--1
1.You also admitted that yo6
Q. saw:that Mr. UMW arms were
2 behind his back?
3.Um, roger, Sir. This was before I had actually put my eye

A..

W(0).:C-

4 in the scope, before Sergeant.ad told me to raise my weapon
5 to his head, Sir.
6.You didn't say on direct examination that you could--

Q..
7 according to your testimony, you could see his arms behind his back
8 while you were looking through the scope?

.

9 A..

No, Sir. I mean, I could see his shoulders. I could see
10 his head. I couldn't see his arms at all.
11.You stated that you opened your left eye briefly.

Q..
12.Yes, Sir.

A..
13.And the purpose for that was so that you wouldn't shoot

Q..

milarie1
14 Sergeant
15.I was just making sure that he wasn't sure [sic] that he

A..
16 wasn't standing right beside him, Sir.
17.And this was just before you pulled the trigger?

Q..
18.Roger, Sir.

A..
19.Q..

How long was your eye open?
20.I think it was really--I couldn't even tell you an amount

A..
21 of time.
22

593 .017499
1.It was closed, then I looked through and it wp like open

A..

2 shot. I mean it was real quick. I was just making sure that
3 Sergeant.wasn't there so that he wouldn't get hit by the
4 round, Sir.
5.Did you close your eye after you opened it?

Q..
6.Naw, it was--I don't think I did, Sir. I think I fired

A..
7 right after that and I would have had no reason to close it, Sir.
8.What was the name of the Iraqi man that you killed?

Q..
9.I don't have his whole name memorized1.41111.

A..
10., I
11.Q. Do.h\ithat 110111111111111111111. is dead?
12.Yes, Sir.

A..
13.Do you admit that his death resulted from your act and that

Q..
14 you shot him in the head?
15.Yes, Sir.

A..
16.And you shot him with your M4 rifle in the vicinity of Taal

Q..
17 Al Jal village?
18.Yes, Sir.

A..
19.And that happened around 0830 to 0900 on 28 February 2004?

Q..
20.Yes, Sir.

A..
21

.0.17500
594

Q..

1.And do you also admit that at the time of the killing that

2 you had the intent to kill
..

)(61.2.

3 A..

Yes, Sir.
.

4 Q..t daybreak?

Okay you first saw Mr..
5.It was about 0800, Sir.

A..
6.And you saw him walk out of the village with a group of

Q..
7 cows?
8.Roger, Sir.

A..

Q..

9.He never moved quickly, he just walked?

A..

104'.I never really stared at him, Sir, but I don't think he was

11 running around.

He pretty much stayed with his cows the entire time that
13 you were observing him, right?
14 A. Sir.

12 Q..

Roger,.
15 Q. Now it was clear daylight outside, right?
16 A. Excuse me, Sir?

17 Q. At this point, it was full daylight?
18 A. Sir.

Yes,.
19 Q. The fog had burned off?
20 A. Sir.

Yes,.
21

595 .0 1 75 0 1

Q..

There was no more fog?

2 A..The fog had burned off.
3 Q..And by the time you and Sergeant ent out to detain
4 him, the raid had pretty much ended?

A..
5.No, Sir. It seemed to be settling d wn and coming to a

6 conclusion but it wasn't over yet, Sir.

7.Do you admit that when Sergeant.

Q..was approaching with
8 you that Sergeantillatut his hands up and the Iraqi put his hands
9 up?

10.I never saw that,

A.

11.You never saw Sergeant.

Q..put his hands up?

12.A..1111(116):7—

I saw what he testified to,- i , but I never saw that.
13.Did you see Mr. INIMput his

4..ands up?
fl;PN'),

A..
14.He might have once -Sergeant got face to face with

15 him when I was moving into position. I remember seeingiSergeant

(6)

16 pinning around to get his back facing him, you know, when he
17 went to grab his hands, Sir.

Q..
18.So when you were walking toward15.11111111 you were

19 watching Mr. is that correct?
20.Yes, Sir.

A..
21

017502
596

1.You never saw him put his hands up?

Q..

.

I saw him when he pointed back towards the village, Sir, if
3 that is what you are talking about?ep-e_
4.Okay, but as Sergeant Wardescribes when he put his

2 A..

Q.

5 hands up and back down and back up and back down?
.

6 A..

I never saw that, Sir.
7.You didn't see it?

Q..
8.No, Sir..

A...'r
9.Mr..

Q..was not a big person, right?
10.I think might have an inch or two on him, Sir.

A..
11.How tall a e you?

Q..
12.Uh, 5-10, 5 11, Sir, something like that.

A..
13.And Mr..

Q..as very thin, would you agree to that?

14.I never touched him, Sir, 4nd 1-1. was wearing very baggy

A..
15 clothing. I have never seen him without his baggy parts or coat on,
16.

Sir.
17.You have seen photographs in this case, right?

Q..
18.Yes, Sir.

A..
19.And in the photographs, he is thin, right?

Q..
20.I mean, he was wearing the baggy clothes. Like I said,

A..I
21 didn't touch him, Sir. I didn't really have anything to judge his

22 body to in the pictures that would say he is very small.

23

.

597

017503
Q..

1.Sergeantill'Illis about a little bit taller then you,

2 right?

3.I believe he is about 4 inches on me, Sir.

A..
4.That is 6-1, 6-2?

Q..
5.Yes, Sir.

A..

13

6.Mr..

Q..no weapon visible, right?
7.He didn't have anything in his hands when we walked up,

A..
8.

Sir.
9.Was there any indication to you that he had any type of a

Q..
10 weapon?
11.I didn't know, Sir. We hadn't searched him.

A..
12.Well did you see any indication that he had any type of a

Q..
13 weapon?
14.I was just taking his behavior and attitude into account,

A..
15.

Sir.
16.Answer the question.

Q.3
173Well----

A..
183Was there any indication to you that he had a type of

Q..
19 weapon?
203No, I never saw a weapon, Sir.

A..

21

017504
598

1.Was there any itdication to you that he had a weapon?

Q..
.

2 A..

I don't understand. Do you mean, like did I see a bulge in
3 his clothes, Sir, or did I think he was reaching or--I don't
4 understand exactly what you are asking.
5.That is what I am asking you. Is there anything about Mr.

Q..

6Vik
6.that you could say that he had a weapon?

7.I thought he had a weapon when he lunged at Sergeant

A..

8.Sir.
.

And what gave you that impression?
10.Just because he had been resisting. First, you know, he

9 Q•.

A..
11 didn't want to cooperate and everything and he was resisting,
12 actually putting his hands behind his back with Sergeant.and
13 he went still for about 2 seconds, Sir, and uh,.

t a second or 2
14 after that, that is when he lunged, so.

igured maybe he was trying
15 to play it off and he had got, c ght so he grabbed it and now he was
16 going after Sergeant.Sir.
17.What fact or indication was there that you

Q.

t9 0-1
18 thought Mr. ad a weapon?

19.Just his general attitude, Sir, the way he had been acting,

A..
20 Sir, we had not searched him, and he was now lunging at Sergeant
21.Sir.
22

.

599 017505
A..

1.That is what made me think he had a weapon, Sir. I thought

2 he had something in his hand and he was going after him.
3.Let's talk about the scarf. This is a red and white

Q..
4 checkered scarf. You saw the bulk in the back. The scarf was
5 falling which way?
6.I don't know which way it was falling, Sir. I think it

A..
7 would be safe to assume it was falling down his back because I could
8 'see his right side and his front area, Sir. So it either had to go
9 falling off the left or his back, Sir.

10.Now Sergeant.

Q..had an M4 rifle, right?
11.Correct, Sir.

A..
12.And you had an M4 rifle, right?

Q..
13.Yes, Sir.

A..
14.And you were pointing your M4 rifle at Mr

Q..
15.Yes, Sir. (1;v„,„\

A..
16.And Mr.11111111knew that you were pointing the rifle at him,

Q..
17 right?
18.Definitely, Sir.

A..
19.Now you had a few other weapons on you that morning, isn't

Q..
20 that correct?

600 .017506

A..

Nothing military issue, Sir.

.

2 Q..

What did you have?
.

3 A..

I had a knife on my side. I had the ASP up [pointing to
4 his shoulder] here, Sir.
5.What is an ASP?

Q..
6.It is a baton. I think the MPs might use something like

A..
7 it, Sir. I am not sure.
8.How does it work?

Q..
.

9 A..

It is a short metal rod and then you can actually extend it
10 to where it sticks and I guess use it as a club, Sir. I have never
11.

used it.
12.You had that attached to your shoulder?

Q..
13.Yes, Sir.

A..
14.And you had a knife attached to your thigh?

Q..
15.Yes, Sir.

A..
16.How big was the knife?

Q..
17.A 6 or 7-inch blade, Sir, a fixed blade.

A..
18.Now you saw Sergeant.

Q..estify
.

(qt0
A..
20

19.Yes Sir.

0 I 75 f) 7
601

1.Testify about his strength and that he was much stronger

4..

2 then Mr..Is that a fair statement?
?II*

A..

3.Um--I don't know, Sir. Like I said, I never touched Mr.

. I wouldn't be able to judge his strength accurately but

4.4616-1-10-
5 Serge nt.was afraid when he told me to put my weapon to his
6 head,
7.Mr..

Q..ever attempted to run, isn't that correct?
8 A..

That is correct, Sir.
9.When the flex-cuffs were being put on, he never moved his

Q..
10 feet?
11.I don't believe he did, Sir.

A..
12.And he never kicked?

Q..
13.I don't believe he did, Sir.

A..
14.With your glasses, do you see well?

Q..
15.I see decent, Sir. It is not 20-20. I think it is like

A..
16 20-50, 20-60, or something along those lines, Sir.
17.Nearsighted or farsighted?

Q..
18.I can't see anything without them, Sir. So without them I

A..
19 don't know.
20.With your glasses on, do you see pretty well from 1 to 2

Q..
21 meters away?
22.Yes, Sir.

A..
23

0175A
602

Back to ROE training..

1 Q. You stated that you were given an

2 ROE card, a CFLCC card?
3 A. Yes,.Sir.
4 Q. And you stated that before you left Hawaii you had a little
5 bit of ROE training but it really got heavy in Kuwait and then part
6 of the time here in Iraq?
7 A. Ye,.Sir.
8 Q. Is that correct?
9 A. Yes,.Sir.
10 Q. In this ROE training, you talked about positive

11 identification?
12.Um, they were talking about hostile act, hostile intent,

A..
13 the whole self-defense thing, Sir. They went over the five S's.
14 remember that part. I am trying to think.
15.Isn't it true that the term "positive identification" means

Q..
16 that you must have a reasonable certainty that what you are targeting
17 or what you are engaging is a legitimate military target? Does that
18 sound about right?
19.I have never seen it on a card, Sir. I mean if you are

A..
20 reading it off of it, then I will take your word for it but I don't
21 remember that part, Sir.
22

017509

603

1.You were taught about the escalation of force, isn't that

Q..

2 right?
.

3 A..

Yes, Sir.
4.And if the situation permits, you start with shout,

Q..
5 correct?
6 A. Sir..shove,.shoot,.

Yes,.Shout,.show,.shoot.
7 Q. doesn't show go before shout?.

Okay,.[sic]
8 A. Sir..

Not that I know,.Not the way I remember it.

9 Q. Okay, anyway, the first three are minimum levels of force, 10 right? 11 A. Sir.
Yes,.
12 Q. Isn't it true that you should always use, as a military
13 person, the levels of force necessary to complete the mission?
14 A. roger,.

As long as it is possible,.Sir.
15 Q. And you should use proportionate force any time that you
16 are conducting a mission?
17 A. Sir.

I don't understand what that means,.
18 Q. Would you use a sledgehammer on a thumbtack?
19 A. No,.

Sir.
20 Q. You would use your thumb on a thumbtack?
21 A. Sir.

Yes,.
22

.

604 01751
Q..

1.That is a concept of proportionate force, would you agree

2 with that?

3.Um, as far as the sledgehammer thing, Sir?

A..
4.Well----

Q..
5.Are you talking about the ROE?

A..
6.Would you agree that you should not use a sledgehammer on a

Q..
7 thumbtack?
8.Not if you don't need to, Sir.

A..
9.You should use what you need to use, right?

Q..
10.Roger, Sir.

A..
11.Q. Would you agree with maybe the way Specialist...ft and
12 maybe some others, that you should use common sense?
13.Um - - - -

A..
14.When evaluating the ROE?

Q..
15.Roger, Sir..

A..MN )1
Q..
17 would you classify him as a combatant or a noncombatant?
18.Prior to detainment, neither. I didn't look at people in

16.Would you classify Mr.IIIIIIpas a --prior to detaining him,

A..
19 that category, Sir.
20.In your infantry battalion in Hawija and the 1-27 area,

Q..
21 didn't you also receive some training on how to treat detainees?
22.Yes, Sir.

A..
23

017511
605

1.And part of that training was to always detainees with

Q..

2 dignity and respect?
.

When you approached MR MrMU"

3 A..Roger, Sir. I think there had been some incidents once
4 they put the sandbags over their face and had them flex-cuffed.
5 People were leading them around in to the backs of trucks and stupid
6 shit like that, Sir. ..61/7_

7. with Sergean

Q.

8 your weapon was on safe, correct?
.

9 A..

Correct, Sir.

10.Your weapon was on safe when you raised your weapon, isn't

Q..
11 that right?
12.Roger, Sir.

A..

13.And then you saw what you are talking about was a lunge,

Q..
14 and then you placed your weapon on fire?
15.I placed my weapon on fire right before I fired, Sir. It

A..
16 is like a click-click.

Q..
18 some movement?

17.You said you were looking through your scope and you saw

A..

19.Yes, Sir.

Q..

20.Did you have to adjust your aim?

21.Roger, Sir.

A..
22

017512

606

1.So you flicked your weapon on (sic] safe, adjusted your

Q..

2 aim, and opened your eyes for just a brief moment to make sure. Is
3 all that----
4.No, Sir.

A..
5.----true?

Q..
6.No, Sir.

A..
7.Well you did those three things before you shot him in th

Q..

head?
9.They all happened. It didn't happen like that, Sir, I

A..
10 mean, it wasn't like do one thing, do one thing--I mean, it was all
11 happening at once as I was like moving my weapon to follow him. I
12 checked real quick and flipped it off safe and I fired, Sir. I mean
13 it all happened right at the same time. This was a really quick
14 thing, Sir.
15.But you, during that time, during that brief time, you

Q..
16 opened your eye and you saw Sergeant...1p
17.Negative, Sir.

A..
18.You saw the absence of Sergeant

Q..
19.Roger, Sir.

A..
203You saw your target?

Q.3

21.I saw Mr.IIIIIII Sir.

A..

22.HM-1

.

607 017513
1.And then you pulled the trigger and Mr.111111Pdropped?

Q..

3.c4)(601,
2 A..

Roger, Sir.
33Q..

PFC Richmond, you made approximately seven typewritten

4 statements in this case, isn't that right?
.

5 A..

A bunch, Sir, roger.
6.Q..told you "to raise

And to the issue of what Sergeant3
7 your weapon," is what Sergeant11111111says and "Raise your weapon.
(640-TC

8 Shoot him if he fucking moves." 'JSomething like that is your
9 testimony, right?
103"Put your weapon on his head. If he fucking moves, shoot

A.3
113

him." Roger, Sir.
123Q.3

Do you recall making a handwritten statement on little--on
13 small paper that you gave to First Sergeant.on 28 February
14 about 9:30 in the morning?
153A.3

Yes, Sir.
163Q.3

Do you recall in thatjvAtement with regard to this command
17 you stated that, "Sergeant3told me to raise his weapon to his
183

head."
193Yes, Sir.

A.3
203Q.3

And you didn't say anything in that statement about, "Shoot
21 him if he fucking moves."
223A.3

Not in that statement, Sir.
23

017514
608

1.Okay, do you recall making a statement to Captain

Q..

2 .which Captain.wrote on small paper and you
3 sig d around 9.that morning?
4 es, Sir.
5 And in that statement, do you recall saying that, "Sergeant
stated to 'raise the weapon to his head.'" .

.

7 A..

Yes, Sir.
.

And in that particular statement, you didn't say anything
9 about, "Shoot him if he fucking moves."

8 Q..

A..

10.Not yet, Sir. That is correct.

11.Do you recall making a statement on the same day at about

Q..
12 1405 hours to Major the Battalion XO, or the Battalion S3
13 regarding this?

A..
15.A written state ent?

14.Yes, Sir.

Q..
16.Yes, Sir.

A..

17.And isn't it true that in this statement, it was written,

Q..
18 the question was, "Who.

ted you to aim to his head?" And your

9 00 :1/
19 answer was, "Sergeant.I understood that it was not a command

20 to fire, but more of a show of force."

A..
22

21.Roger, I think that was my response, Sir, roger.

017515

609

DOD-040770

1.That was your response?

Q..

2.Roger, Sir.

A..
3.Then on 28 February, that same day, there is another one-

Q..
4 pager--a couple of page statement that you made at 1704 hours, isn't

5 that right?

6 ,.This was on the 28th, Sir?

A..
7.Yes.

Q..
8.Roger, Sir.

A..
9.And in that statement you stated, and this is your fourth

Q..
10 statement, "I was instructed and did raise my crosshair from his

11 chest to his face 1 to 2 meters from him in a final show of force."

12.Roger, Sir'.

A..
13.And then to CID, on 1 March 04, you made a sworn written

Q..
14 statement. Is that right?
15.Yes, Sir.

A..
16.And in that statement you stated, or your wrote, "Sergeant

Q..

(49/U
17 IIIIIIrthen stated to me, 'Place my weapon on his head, and if he so

18 much as moves, shoot him,' which I did." That is what you said to

19 them?

20.If that is the wording, roger, Sir. That sounds right.

A..

21

017510
610

1.Then on 29 March you made another statement, a sworn

Q..

2 statement to CID, isn't that right?
.

3 A..

Yes, Sir.
4.And isn't it true in that statement you stated, milli

Q..
.

5 shouted at me to point my rifle at the Iraqi's head." (,4)m-7(_
6.If that is the wording, Sir.

A..
7.And in that particular statement, you didn't say anything

Q..

8 about the additional shoot him if he moves?
9.I don't think they quoted it in that one, Sir.

A..
10.And then on your 17 April 04 statement in the Article 32

Q..
LVje¦

.

11 investigation, you testified that, "Sergeant told me to raise
12 my weapon to his head. If he moves, fucking shoot him."
13.Yes, Sir.

A..
14.And that is exactly what you are testifying to today?

Q..
15.Um, yes, Sir. Can I have a chance to explain that, Sir.

A..
16.

MJ: Your defense counsel will have an opportunity to redirect
17 with you.
18.

WIT: Yes, Ma'am.
19.Now we have talked about weapons and the indications to you

Q..
5-16)-‘\

20 that Mr..

had a weapon. You also talked about in some of your
21 statements about your thoughts on that. Isn't that true?
22.Thoughts about what, Sir?

A..

23 611 .017517
DOD-040772
1.Thoughts about whether or not Mr.111111,had a weapon.

Q..
.

.

2 A..

Roger, Sir. C46)-1 3.Isn't it true that in your 28 February 0930 statement to
Q..
the first sergeant, you said nothing about a weapon?

5.Can I see it, Sir? I mean, I don't have all that in

A..
6 memory, Sir.
7.Would it refresh your recollection to see the statement?

Q..
8.Yes, Sir.

A..
9.

TC: Your Honor, may I approach?

10.

MJ: Yes, you may.
11 [The TC hands PE 12 for ID to the witness.]
12 TC:.

I am showing you what has been marked Prosecution Exhibit

13 12 for identification.
14 Q. Do you recognize that?
15 A. Sir.

Yes,.
16 Q. Is that the statement that you made, the very first one,
17 the 0930 statement to first sergeant?
18 A. Sir.

Yes,.
19 Q. Please take a moment to look at it and see if it refreshes
20 your recollectiqp.
21 A..Sir.

Yes,.
22

017518
612

[The witness did as directed.]

1.

2.Are you----

Q..
.

3 A..

Do you want me to hang on to this, Sir?
4.

[The TC retrieves PE 12 for ID.]
5.TC: I am retrieving Prosecution Exhibit 12 for identification
6 from the witness.
7.Q..

Does that refresh your recollection?
.

Roger, Sir, in reference to whether I mentioned a weapon in
9 that statement, Sir?
10.You did not mention a weapon in that statement?

8 A..

Q..
11.No, Sir,

A..
12.And in your 9:40 statement that you signed when Captain
13.was asking you questions about it, you didn't state
14 anything about a weapon in that statement, did you?
15.A..

Uh, I just----
16.Q..

Would you like to see that one as well?
17.A..

Roger, Sir.
18.Q..

Would that refresh your recollection?
19.A..

Roger, Sir.
20 [The TC hands PE 13 for ID to the witness.]
21

017519

613

1.TC: I have handed you what is Prosecution Exhibit 13 for

2 identification.
3.

WIT: Yes, Sir.

4.Do you recognize that?

Q..
.

5 A..

Yes, Sir.
6.

Q. Is that the statement that you made and Captainalarig
.

7 asked the questions on the 28th of February at 0940? CLY4
.

8 A..

Yeah it was the question and answer session that he
9 recorded, Sir.

Q..

10.And in that question and answer session do you discuss

11 anything about Mr. 1111111prving.

apon?
12 [The witness reviews the document.].

mrici -ut
A..
14 in that, Sir.
15.

13.No, Sir, there is no reference to Mr.IIIIII,having a weapon

TC: I am retrieving Prosecution Exhibit 13 for identification
16 from the witness.
17.

[The TC retrieves PE 13 for ID.]

18.Now the next statement, that you made to Major.

Q..t
19 1405 on the same day.
20.Yes, Sir.

A..
21

614 017520

1.Isn't it true that when you were asked, "Did the farmer

Q..

2 have a weapon?" You answered, "No."
.

3 A..

I am sure I did, Sir.
4.And isn't it true that you said, "I was worried about what

Q..

5 he had in his pocket."
.

6 A..

Roger, Sir.
7.And isn't it true that you stated in that third statement,

Q..
8 "I felt it could be a knife or something but could only see his
9 backside."

10.If that is the words, Sir.

A..
11.Would it refresh your recollection to----

Q..
12.I mean, I take your word for it, Sir.

A..
13.You agree that is what you said?

Q..
14.Roger, Sir.

A..
15.And then in your 28 February statement, the 1704 hours, the

Q..
16 last statement of that day, isn't it true that you made a statement
17 and in that statement you said nothing about a weapon?

18.I don't think I have ever mentioned him having;a weapon in

A..
19 a statement, Sir, because he was found with no weapon.
20.But in these statements that I described, you also do not

Q..
21 say anything about, "I thought he had a weapon."
22.I don't think they asked me that question, Sir.

A..
23

7521
615

1.Now you said that you felt shocked after you killed Mr.

Q..

2 11-1-1;
.

Roger, Sir.
4.And you were shocked when you, as your testimony says, when

3 A..

Q..
5 you found out that he was flex-cuffed.
6.I was very surprised when I found that out, Sir.

A..
7.You were surprised?

Q..
8.Yes, Sir. Sergeant.

A..sked me if he was flex-cuffed

9 after I shot him, Sir.
10.Sergeant.sked you if he was flex-cuffed?

4-.11 A..
Yes, Sir. That is why I was so confused once whoever it

12 was from Alpha Company rolled the body over, I was just like--it

cw_

13 threw me off, Sir..

Q..sked you if he was flex-cuffed?
15.Roger, Sir. The first thing he said was, "What the fuck?

14.Sergeant.

A..

16 What the fuck was that?" You know, he had his hands over his ears
17 and he was asking me what happened. I told him that he jumped at him
18 and he asked me if he was flex-cuffed and I was like, "Fuck, I don't
19 know." So he went off and was like, "Stay here and pull security."

20 Then he ran off to grabill111111rand do whatever he did, Sir.
21.

TC: No further questions.(9(cX-1-

616

DOD-040777
1 MJ: Redirect?
.

2 DC: Yes, Your Honor.
.

3 REDIRECT EXAMINATION
4 Questions by the defense counsel:

5.Private Richmond, regarding the handwritten notebook

Q..

6 statement that you gave to First Sergeantarallr, how long did you
.

(g)Lw7_,
7.

take to write that statement?
.

8 A..

Two minutes, Ma'am.
9.Who told you to write that?

Q..

C6((=1)-L 10.Captain wow and the First Sergeant, Ma'am.
A..

11.Just write what happened?

Q..
12.Yes, Ma'am.

A..
13.Did that--those two little scraps of notebook paper on

Q..
14 Prosecution Exhibit 12 contain every single detail about what
15 happened that day?
16.No, Ma'am.

A..

17.Now Prosecution Exhibit 13, which was your statement to

Q..
18.how long did you spend talking to Captain

Captain.
co :7_,
19

20.Maybe 10 or 15 minutes, Ma'am.

A..
21

0175c r3
617 ‘i,
1.Now that Prosecution Exhibit 13, is any of that in your

Q..

2 handwriting?

3.No, Ma'am.

A..

4.Whose handwriting was that?

Q..
5.Captain.n/0_,-(j

A..Ma'am..
6.Is every question that Captain WM.asked you written

Q.

7 down on Prosecution Exhibit 13?
.

8 A..

No, Ma'am.
9.Is every answer that you gave written down on Prosecution

Q..10 Exhibit 13? 11 A..
No, Ma'am.

12.Regarding the 28 February statement that was made to Major
C'")((3\-1—
13

14.Yes, Ma'am.

A..
15.Do you recall that statement?

Q..
16.Yes, Ma'am.

A..
17.That wasn't shown to you today.

Q..
18.I know that I gave two more after I got back to the FOB,

A..

19 Ma'am.
20.Was that statement entirely in your handwriting as well?

Q..
21.No, Ma'am. I believe he was asking me the questions and

A..
22 writing down my answers.

23 618 .017524
1.Have you had a chance to review that statement that you

Q..

2 gave to Major ISM prior to coming to court today?
3.I have6S-arn, but I don't have the whole thing memorized,

A..
4 Ma'am.
5.Well generally, does that statement include every single

Q..

6 thing that happened that day?
7.I seriously doubt it, Ma'am.

A..
8.On March 1st you gave a statement to CID?

Q..
9.Yes, Ma'am.

A..
10.That was a typed statement?

Q..
11.Yes, Ma'am.

A..
12.Who typed that statement?

Q..
13.One of the CID agents, Ma'am.

A..
14.Okay, where was that statement given?

Q..
15.It was given in Kirkuk, FOB Warrior, in the JAG Office

A..
16 there, Ma'am.
17.How much time did you spend with CID before you they typed

Q..
18 that statement?
19.Four hours, Ma'am.

A..
20.Were they pretty thorough in their questioning of you?

Q..
21.Yes, Ma'am.

A..
22

.017525
619

1.Okay, now even with that thorough questioning, do you think

Q..

2 or can you recall if that statement on March 1st includes every

3 single thing that happened on that day, Ma'am?
.

4 A..

I am sure it didn't, Ma'am.
5.Private Richmond, you were discussing the five S's with the

Q..
6 government counsel.
7.Yes, Ma'am.

A..
8.Do you recall that?

Q..
9.Yes, Ma'am.

A..

10.What was your understanding of when that fourth step of

Q..
11 warning shots was required?

12.Never, Ma'am.

A..
13.Why was that? How was that briefed?

Q..
14.That got put out I believe when we were convoying up from

A..

15 Kuwait, actually up here, that they told us originally that warning
16 shots if a vehicle tries to come into the convoy and then, you know,
17 actually shoot the vehicles.

18.I think that after that happened a few times they were
19 like, "Okay, no more warning shots." Or something like that, Ma'am.
20 I think it was clarified right around then, Ma'am.
21

01752:6

620

1.You had expressed some confusion earlier about the term,

Q..

2.

"fleein ."
.

3 A..

Yes, Ma'am.

Q..
5 an enemy insurgent would be fleeing a village?
6.They are at point A and they are trying to get to point B,

4.What had you been--what was your understanding of, again if

A..

7 and they are, you know, moving from those locations I guess, Ma'am.
8 I mean, I don't know how specific--fleeing can be so many different
9 things. You could be like running away like if you are running from

10 the police like you see on Cops or----
11.But fleeing is generally fast?

Q..
12.Yes, Ma'am.

A..
13.But somebody could be leaving the village in disguise?

Q..
14.Yes, Ma'am.

A..
15.[END OF PAGE]

017527
621

1.Did you have any idea of who mrii11111,was at the time that

Q..

2 he was leaving the village?
.

No, Ma'am.
4.But again, you are not saying that you thought he was

3 A..

Q..

5 fleeing the village?
.

I didn't know. I was just seeking clarification if that

6 A..

7 was what they were looking for.

8.Because you had seen him leave the village?

Q..

9.Yes, Ma'am.

A..
10.Private Richmond, were you serious when you were talking

Q..
11 about bayonet kills?
12.No, Ma'am.

A..
13.When you talk about killing Iraqis, what kind of Iraqis did

Q..
14 you mean?
15.Like insurgents, the ones who do the IEDs, snipers, people

A..
16 that like shoot RPGs at convoys and things like that, Ma'am.

17.How common was discussions among your squad about killing

Q..
18 an Iraqi?
19.Several times a day, Ma'am. At least a comment being made,

A..
20 I mean, we didn't sit around and discuss it but comments were made

21 several times a day, Ma'am.

22

017528
622

Just general discussion?
.

Q..

2 A..

Yes, Ma'am.
.

With regard to the zip-tie and the sound of the zip-tie,

3 Q..

4 did you hear that sound----

5.No, Ma'am.

A..
6.----on the 28th of February?

Q..
7.No, Ma'am.

A..
8.Did you have any idea, approximately, of how much of the

Q..
Q?

9 zip-tie was going to be used to flex-cuff M
10.Well you know they have got to leave a space maybe this big

A..
11 around [holding up his hands] you know, once you actually get
12 somebody's wrists in there, so they would have to leave that much

13 room there.
14.Okay and were you focused on listening to those types of

Q..
15 sounds?
16.No, Ma'am.

A..
17.What were you focused on?

Q..
18.Mr..

A..Ma'am.

19.Why were you focused on

Q..
20.Because that was my job and then that is what Sergeant

A..
21 411111111 said, you know, it just makes you more alert, Ma'am.
22

017529
623

Q..

1.There also seems to be some confusion as to whether you are

2 saying today in court that Mr.111111,had a weapon or M.ever
.

3 had a weapon.

((4)-Lf
.

4 A..

There migilfhave been confusi along that, Ma'am.
5.D d, at the time you shot him, did ou know definitively if

Q..

6 Mr..a weapon?
.

7 A..

No, Ma'am.
8.Do you know today in court whether or not Mr..

Q..did in

9 fact have a weapon?
10.Yes, Ma'am.

A..
11.Okay and----

Q..
12.I know if he did or did not, and he did not have a weapon,

A..
13.

Ma'am.
14.Okay, did you see any kind of a bulge on him?

Q..15.A. I just remember really baggy clothing, Ma'am, but I don't 16 remember any specific bulges or anything. 173Okay
Q.3so there wasn't anything that you thought--anything
18 specific that you saw that might make you think that he might have
19 had a weapon?
203No, Ma'am.

A.3

21

017530
624

Q..

1.Just based on your total knowledge of what you had been

2 told about Iraqi insurgents?

3.Yes, Ma'am.

A.
.
4.

Q.
Is it possible that after the shooting Sergeant/MI/had
5 asked, "Did you know he was flex-cuffed?"
6.I don't know what he asked, Ma'am. Well, I don't know if

A..
7 that is what he asked and I misinterpreted it, but I got the
8 interpretation of, "Was he flex-cuffed?" Or something along those
9 lines because he looked really confused too. Like I said, he went

10 from scared and confused to when he left, Ma'am.
11.Certainly Sergeant.

Q..would have known if he flex-

12 cuffed Mr. IIIIIIr
1/4.1t

13.I w urd assume so,.

A..'am.
14.What was going t ough your mind at the time that he

Q..

15 shouted that at you?
(sqQ-7...
16.Sergeant1111111ris weird, Ma'am, so I was just kind of

A..
17 like, whatever, but I was still shocked, you know, from the actual
18 incident, Ma'am. You know, I had never shot somebody in the head
19 like that before, Ma'am.
20.So it is----

Q..
21.I had never killed anybody.

A..
22

017531
625

1.So it is possible--I am sorry, go ahead.

Q..

.

A..

I was just saying that I was shocked from the incident,
3 Ma'am.
4.And so it was possible that he said, "Didn't you know he

Q..
5 was flex-cuffed? Did you know he was flex-cuffed?" Very generally?

6 A..It is possible, Ma'am.
7 Q.3Private Richmond, from the time that Sergeantill111,
8 started to detain Mr.111111to the time that you shot him, how long

9 did this all last? 001
10.You mean actually once physical contact was established or

A..
11 once we--he saw us walking towards him, Ma'am.
12.Bbth, once he saw you walking towards him until the time he

Q..
13 was shot, how long did that period last?
143He saw us between 25 and 50 meters, somewhere around there.

A..15 It probably would have taken to actually walk up and everything 45 16 seconds from there, Ma'am. It was really quick. 17 And from the time that Sergeant.-from the time that 18 Mr. as struggling with Sergeant.ntil the time that you 19 shot him, approximately time had elapsed there? 20.Five to ten seconds, Ma'am.
A..
21

017532

626
DOD-040787

1 DC: Nothing further, Your Honor.
.

2 MJ: Government?

TC: I have no further questions, Ma'am.
.

4 MJ: Members of the panel, any questions for the accused?
5 [A question from COL was marked as AE XXI, inspected by both
6 counsel, and handed to the military judge for questioning.]

.

7 EXAMINATION BY THE COURT-MARTIAL
8 Questions by the military judge:
9.Private First Class ,Richmond, can you describe for me, from

Q..LN(c1

10 the point where Sergeant ANIIIIPapparently told you to raise your
11 weapon to his head.
12.Yes, Ma'am.

A..
13.Describe for me how you were looking through your sight.

Q..
143Once I raised my weapon back up, Ma'am, on the charging

A..
15 handle, I put my nose right there so I would have had my nose right
16 here on the on the weapon with my right eye actually looking into the
17 sight however far away that is, Ma'am, with my nose being on the
18 charging handle.
193Okay, and the sight is the 68, right?

Q.3
203Yes, Ma'am.

A..

21

627 .017533

1.Okay.

Q..

2.It is a very similar to that one [pointing to PE 9 for ID]

A..
3 there. They are both M68s. I had a older version that was a little
4 bit shorter but it is really close to the ones on that weapon, Ma'am.
5.So how far, estimate, from the edge of the front end of the

Q..

6 sight was your eye?
.

7 A..I don't know an exact measurement, Ma'am. Like I said, I
8 normally just put my nose on the charging handle just as a general
9 reference, Ma'am.

MJ: Well do you want him to use the prosecution exhibit? Trial
11 Counsel, would get please Prosecution Exhibit 9 for identification.
12 [The trial counsel did as directed.]
13.

10.

MJ: I realize that this may not be the exact same weapon that
14 you had.
15.

TC: Your Honor, I am handing the accused Prosecution Exhibit 9
16 for identification. I have taken off the rubber end stoppers from
17 the sight.
18.If you would please, PFC Richmond, raise the weapon to how

Q..
19 you had it that evening, or how you had it that morning.
20.At the high ready, Ma'am?

A..
21

01753 , 1
628

1.Right, at the high ready.

Q..

2.At the high ready it is up [raising the weapon to his

A..
3 shoulder] like this, Ma'am. Like up like this in case something
4 happens.
5.Okay, so at high ready, your nose is not at the weapon,

Q..

6 correct?
.

7 A..No, Ma'am, because you are not actually looking through the
8 sight..
(04912—

9.

All right, so when Sergeant41,Ariptold you to raise your 10 weapon, is that the position that you had it in? 11 A..
Q..

No, Ma'am, I would have raised it and been [raising the
12 weapon to where the butt of the weapon is in his shoulder] looking
13.

like this.
14.Okay, so you have got the butt of the weapon against your

Q..
15 shoulder.
16.Yes, Ma'am.

A..
17.Okay and then you were looking through the sight, is that

Q..
18 right?
19.Yes, Ma'am.

A..
20.Okay, do it again for me please.

Q..
21.

[The witness did as directed.]
22.You raise it up and I have my nose against the charging

A..

23 handle.
.

629 017535
DOD-040790

1.All right, the nose is against the charging handle and it

Q..

2 looks to me like about 4 to 6 inches from the edge of your glasses
3 and the front end of that sight. Does that sound reasonable?
4.Yes, Ma'am.

A..
5.Does that sound right to you?

Q..
6.Yes, Ma'am.

A..
7.All right. Do it again.

Q..

8 [The accused did as directed.]
9 Q. Do you close your left eye?
10 A. Yes,.Ma'am.
11 Q. Are you looking through with your right eye?
12 A. Yes,.Ma'am.

13.All right, can you see around the edge of the sight when

Q..
14 you are in that position?
15.Uh, yes, Ma'am, I can see some things around the edge of

A..
16 the sight Ma'am.
17.Okay, and do you recall seeing anything around the edge of

Q..
18 the sight on that day?
19.No, Ma'am. When I am up like that I can see--my field of

A..

20 view cuts down about like this [holding out his arm] to the right,
21.

Ma'am.
22

017536

630

DOD-040791
A..

1.Ma'am, and down at an angle like this [holding out his

2 hand] to my hands and then because of my glasses and my eye being

3 closed I can see around here, so I don't remember anything that
4 specific. It was probably just grass and open fields out there,
5 Ma'am.

Q..

6.So in terms of Mr.111111, what do you remember seeing?

A..

7.I remember seeing his head and shoulders, Ma'am.

Q..

8.All right.

A..
10 Ma'am.

9.Actually on someone, it would be like here [pointing] up,

Q..
12.

11.If you saw his--put your weapon up again if you would.

[The witness did as directed.]

Q..

14 that right?
.

13.That is the position you were in just before firing, is

15 A..

Yes, Ma'am.

16.Now if you saw his head and shoulders, could you tell that

Q..

17 his arms were behind him?
.

18 A..

Um, I don't remember exactly what it looked like when he
19 was turned around like that, Ma'am, because he was moving so fast so
20 I didn't focus on that specific part of his body. I am not sure,
21 Ma'am. I don't know if his shoulders were canted or not.
22

.

017537
631

1 Q. How did you keep a bead on him then?
2.How did I keep a bead on him?

A..
3.Yes.

Q..
4 A..

The 68 is turned on with a red dot, which is [turning on
5 the scope on PE 9 for ID] turned on now and you just keep the dot on
6 whatever the target is, Ma'am.
7 Q..

Okay, just now you shifted the weapon back and forth.
8 A..

Yes, Ma'am.
9 Q..

About a foot or so. 10 A..
Yes, Ma'am. 11 Q..
Did you have to do that back then? 12 A..
Yes, Ma'am. 13 Q..
All right so did you have to do that back then? 14 A..
Yes, Ma'am. 15 Q..
All right, so from the time that he told you to raise your 16 weapon, to the time that you actually shot, did you keep a bead on 17 him? 18.Yes, Ma'am.
A..19 Q..
And where was that bead?
20.It was on his head, I believe the upper portion around this

A..

21 side [pointing to the right of his head] of his body. 22
017538

Doc_nid: 
4037
Doc_type_num: 
734