US marine convicted of murdering Iraqi civilian

A US Marine Corps squad leader has been convicted of murdering an Iraqi man during a frustrated search for an insurgent last year in the Iraqi town of Hamdania. Sgt Lawrence Hutchins, 23, was also convicted on Aug. 2 of conspiracy to murder, making a false statement and larceny, and faces life in prison without parole. He was acquitted on charges of kidnapping, assault and housebreaking. He had also been charged with premeditated murder but the military jury struck this from the verdict. Prosecutors said that on a night-time patrol in Hamdania in April 2006, Hutchins' squad planned to kidnap and kill a suspected insurgent. When they could not find him, they kidnapped a neighbor, dragged him to a hole and shot him. He had been identified as Hashim Ibrahim Awad, 52, but defense attorneys said his identity was not conclusive. Prosecutors said the squad planted a shovel and AK-47 by the man's body to make it look as if he was planting a bomb. Witnesses said the plot was born out of frustration after suspected insurgents kept evading prosecution. The squad was pulled from active duty after the killing. Hutchins' lawyers argued that he took part in the plot because officers had set a poor leadership example and given approval for marines to use violence in capturing and interrogating suspects. Another jury was unable to reach a sentencing decision for a marine convicted of conspiracy but acquitted of premeditated murder and kidnapping. Cpl Marshall Magincalda, 24, was also found guilty of larceny and housebreaking but cleared of making a false statement. He was not accused of shooting but was charged with murder for participating in the plot. A military psychiatrist testified that Magincalda developed post-traumatic stress disorder and severe depression as a result of combat. Dr Jennifer Morse said: "He was essentially a broken shell ... who was clearly haunted by his memories." Magincalda thanked the jury and apologized, sounding devastated by events of the last 15 months. "I would like to think I will go on to do good things in my life and can leave a better impression," he said, his voice breaking and tears welling. The prosecutor, Lt Col Sean Sullivan, recommended that Magincalda be sentenced to 10 years in prison and be given a bad-conduct discharge. The defense attorney, Lt Col Philip Simmons, said Magincalda, who has been in the brig since May 2006, had been punished enough and that a punitive discharge would cost him his benefits, including medical treatment. All eight men of the squad were initially charged with murder and kidnapping. Four lower-ranking marines and a navy corpsman cut deals with prosecutors in exchange for their testimony and received prison terms of one to eight years. A jury last month acquitted another corporal of murder but convicted him of conspiracy to commit murder and kidnapping. According to testimony, Cpl Trent Thomas of Madison, Illinois, had greater involvement in the killing than Magincalda. Thomas was sentenced to a reduction in rank and a bad-conduct discharge but no prison time.