Oct. 6, 2006
Navy Medic: Marines Killed Civilian
First Of Seven Marines Pleads Guilty And Testifies In Court Martial
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Navy Petty Officer 3rd Class Melson J. Bacos, front, is escorted into his court-martial hearing by his defense attorney, Navy Lt. Jonathan Stephens, at Camp Pendleton Marine Corps Base, Calif., Friday, Oct. 6, 2006. (AP)
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Navy Petty Officer 3rd Class Melson J. Bacos, center, is escorted into his court-martial hearing by his defense attorneys, Marine Corps Lt. Col. Scott Jack, left, civilian defense counsel Jeremiah Sullivan, right, and Navy Lt. Jonathan Stephens, back left, held at Camp Pendleton Marine Corps Base, Calif. Friday, Oct. 6, 2006. (AP)
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Petty Officer 3rd Class Melson J. Bacos, 21, said he saw two Marines fire at least 10 rounds into 52-year-old Hashim Ibrahim Awad.
Seven Marines and Bacos, a medic who had been on patrol with them that day, are charged in Awad's April 26th death. Bacos was the first to go to a court-martial. On Friday morning, he pleaded guilty to kidnapping and conspiracy under a deal in which other charges were dropped and Bacos agreed to testify about what he saw.
Bacos testified that he asked the Marines to let Awad go, but he said Marine Cpl. Marshall L. Magincalda told him he was being weak and should stop protesting.
"I witnessed Sgt. (Lawrence) Hutchins dead check the man and fire three rounds into the man's head," Bacos testified. "Then Cpl. (Trent) Thomas fired seven to 10 rounds in to the man's head."
In return for his testimony, other counts of murder, kidnapping and conspiracy against Bacos were to be dropped, his civilian lawyer said before Friday's proceedings.
Bacos said "yes sir" when asked by Col. Steven Folsom, who presided over the hearing, if he agreed with the pleas.
According to charging documents, the troops had entered Hamdania searching for an insurgent and, failing to find him, grabbed Awad from his home and shot him. An AK-47 and a shovel were left by Awad's body, apparently to make it look like the man had been digging a hole for a roadside bomb and was killed in an exchange of gunfire.
Bacos, a medic on patrol with the Marines, was accused of firing the AK-47 into the air as part of the cover-up.
Military prosecutors had charged him under the theory that he did nothing to stop the alleged crime.
Bacos' testimony would mark a sudden change in the case, but not necessarily a surprise.
All eight were charged with crimes including murder and kidnapping.
Bacos was recently transferred from Camp Pendleton, where the Marines have been held, to Marine Corps Air Station Miramar for his own safety.
David Brahms, a defense attorney for one of the accused Marines, said Bacos will be subjected to intense cross-examination.
"This is just one guy who is going to tell the story as he sees it," Brahms said.
Former Army prosecutor Tom Umberg suggested that others might follow Bacos' lead and strike similar plea deals.
"You don't want to be the last guy standing. The first guy gets the best deal," he said.
In other developments:
©MMVI CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment
- There is absolutely no excuse for their actions. They should be dealt with as harshly as the laws allow, Melson included for aiding and abetting.
Gangsters shoot gangsters, soldiers shoot enemy soldiers, madmen shoot anyone including children.
What a world I leave to my descendants. - Reply to this comment
- I agree that war crimes are a travesty, however, Bacos was a medic, and medics are non-combatants. As a non-combatant, how could he be charged with anything more than aiding and abetting, and conspiracy to cover up?
Indeed Bacos is weak, and stupid; he should have done the right thing and come forward immediately. - Reply to this comment
- he might instantly died just by firing one or two rounds.
- Reply to this comment
- 10 rounds in the head of a 52 year old man!
- Reply to this comment
- We will see more and more of this as our warriors have their combat tours extended and stateside rotations cut short. Bet your bottom dollar.
- Reply to this comment
