A Marine provided a statement in which he/she described an event in which a Marine was scolded for possible detainee abuse. The official stated that he/she witnessed a guard holding a shotgun while a detainee appeared to be sitting down and standing up. The official stated that someone shouted to the Marine to stop and the detainee left and joined the other detainees.
[The official provided an Article 31 waiver of rights].
•
bRTICLE 31 HiglITS
(b)(7)(C)
-10 USC
I understand that the statement I previously gave to is not
admissible at a court-martial and cannot be used against me. Regardless of the fact that 1
have talked about this offense before, I understand that I still have the right to remain
silent now.
I have ke-en advised tlilt I may be suspected of the offense(s)
of: rril•Somore and that:
1 have the right to remain silent.
Any statements I do make may be used as evidence against me in trial
I have the right to consult with lawyer counsel prior to any questioning.
This lawyer counsel may be a tivilian lawyer retained by me at my own
expense, a military lawyer appointed to act as my counsel without cost to
me, or both.
have the right to have such retained civilian lawyer and/or appointed military lawyer present during this interview. I have the right to terminate this interview at any time.
WAIVER OF RIGHTS
I further certify and acknowledge that I have read the above statement of
11
rn rights and filly understand them, and that: I expressly desire to waive my right to remain silent. I expressly desire to make a statement. I expressly do not desire to consult with either a civilian lawyerretained by me or a military lawyer appointed as my counsel without cost to me prior to questioning. I expressly do not desire to have such a lawyer present with me during this interview. This acknowledgment and waiver of rights is made freely and voluntarily by me, and without any promises or threats having been made to me or pressure or coercion of any kind having been
used against me.
Understanding my rights under U.C.MJ. Article 31;1 wish to make the following statement:
DOD FINAL 163
DOD 57750
Statement of (b)(7)(C) given on 10 July 2004:
On the morning of 5 July 2004 I was posted in the western or "HESCON tower. I was looking into the HESCO detainee cells during the detainee's bathroom time. I looked up at th •ort-O-John area and observed what appeared to be (b)(7)(C) sitting on the pit berm with the shotgun_ a so o.served one detainee still at the hand washing station while all the other detainees were at the "HESCO" post with a))(Tc)T
The detainee appeared to be standing up and s tt ng down. I turned my attention back to the "HESCO' cells. Approximately one minute later I heard someone shout, "Stop Marine!" I turned m attention to the source of the yelling and it was (b)(7)(C) standing next to the area known as the "Jung e . t en turned back and observed (b)7)(C) still on the berm and he detaine still 4t4114t44, station. Upon hearing yelling (b)(1)(C) ordered the detainee to join the rest of the detainees at the "HESCO" station. The detainee pick 'water bottle and ran to the "HESCO" station. then posted himself with the non-lethal shotgun approximately 45 feet from "HESCO" stat!
At no time did I observeglilillany closer than
25-30 feet from the detainee nor did I observe cb,;(7)iC)
, Ot:71( C $ kick or attempt to kick dirt in the detainees ce
(b)( 7)(q)
Enclosure f8)
DOD FINAL 164
DOD 57751