February 11, 2009 4:27 PM

Marine Convicted Of Murdering Iraqi

(AP)  A Marine Corps squad leader was convicted Thursday of unpremeditated murder in the killing of an Iraqi man in the town of Hamdania during a frustrated search for an insurgent.

Sgt. Lawrence G. Hutchins III, 23, had been charged with premeditated murder but premeditation was stricken from the verdict that was returned by a military jury.

Hutchins was also convicted of conspiracy to commit murder, making a false official statement and larceny. He was acquitted of kidnapping, assault and housebreaking.

There is no mandatory minimum sentence for unpremeditated murder. The maximum is life in prison without parole.

Hutchins stood rigidly and stared straight ahead in the silent courtroom as the verdict was read.

The victim was pulled from his home in April 2006 and shot in a ditch, with an AK-47 and shovel placed nearby to make him look like an insurgent planting a bomb, according to the prosecution.

In another base courtroom, meanwhile, a sentencing hearing was under way for a member of the squad convicted on Wednesday of conspiracy and lesser crimes but acquitted of premeditated murder and kidnapping.

Cpl. Marshall Magincalda, 24, faced up to life in prison, but no mandatory minimum sentence. He was also found guilty of larceny and housebreaking, and cleared of making a false official statement.

Magincalda was not accused of firing any shots, but was charged with murder for participating in the plot.

All eight members 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 sentences ranging from one to eight years in prison.

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 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.

The squad was pulled from the battlefield after the slaying in the Anbar province town.

Prosecutors said that during a nighttime patrol, the squad hatched a plan to kidnap a suspected insurgent from his house and kill him. When they could not find him, they instead kidnapped a man from a neighboring house, dragged him to a hole and shot him, the prosecution said.

Several witnesses testified the plot was born out of frustration after suspected insurgents kept evading prosecution.

Prosecutors singled out Hutchins as the ringleader, and testimony from the more junior troops seemed to focus on him and, to a lesser extent, his two corporals.

Magincalda was accused of being part of the four-man "snatch team" that seized the victim from his home. His attorneys contended he wanted no part in the conspiracy and told the squad he would not shoot anyone.

Hutchins' attorneys claimed he participated in the plot because his officers had set a poor leadership example and given approval for Marines to use violence in capturing and interrogating suspected insurgents.

© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Add a Comment See all 36 Comments
by speakinup August 3, 2007 10:09 PM EDT
"Even Hitler did not pretend that the people he invaded should be grateful and that he was anything other than a conqueror." toldyouso21

Hitler ? Come on, according to Ahmadinejad, Hitler didn't even kill the Jews. It was all a fake. Yeah Man, according to him, the Hollocaust didn't happen. So, if you are going to idolize OBL and try to fight his war for him - get with the rest of the facts.

And FeelFree1 swears it's all a fake - that the US and British governments are making this all up. Hey, he thinks the twin towers didn't happen, or something like that. Get all the facts, man.

Otherwise, prove yourself an idiot somewhere else. Get with the Fatwa, Man.
Reply to this comment
by toldyouso21 August 3, 2007 7:15 PM EDT
Almost every act concerning Iraqis subsequent to the invasion shows our reasons for going there are lies.

1. We have no problem with them dying like flies while promote our idea of a government and make them pay for it.

2. When an Iraqi is killed, the top "payment" for the family is 500.00 and that, only if proven that an American killed the person and that he/she was not an insurgent or sympathizer to them

3. When we plot to kill them, we can get time served, or 15 years at the most--because that is how much we DON't value their lives

4. We keep saying we would rather fight our war of terror there (so they can do the dying and crying) instead of fighting our war on our own turf

5. We have the gall to invade, bomb, occupy and torture, then proclaim ourselves, saviour, hero and good guys--and expect them to like and help us with our war. Even Hitler did not pretend that the people he invaded should be grateful and that he was anything other than a conqueror.
Reply to this comment
by lars008-2009 August 3, 2007 7:40 AM EDT
Is islam a violation of international law???

islam practices slavery on non muslims
islam practices apartheid on non muslims
islam practices rape on non muslims
islam practices rape on babies and animals
islam practices genocide on non muslims

all are violations of international law and are crimes against humanity

Universal Declaration of Human Rights
http://www.un.org/Overview/rights.html
http://www.cbsnews.com/stories/2007/02/22/world/main2505445.shtml
Imam Khomeini - Supreme Leader of the Islamic Revolution
http://www.homa.org/Details.asp?ContentID=2137352826&TOCID=2083225445
Malaysia women 'suffer apartheid'
The daughter of Malaysia's former prime minister has launched a scathing attack on the roles and status of Muslim women in the country.

http://news.bbc.co.uk/2/hi/asia-pacific/4784784.stm
A matter of tolerance
http://musingwithmarinamahathir.blogspot.com/2006/12/matter-of-tolerance.html
Marina Mahathir
http://musingwithmarinamahathir.blogspot.com/
http://www.google.com/search?hl=en&q=slavery+islam&btnG=Search
http://news.bbc.co.uk/2/hi/asia-pacific/4795808.stm
http://www.google.com/search?hl=en&q=apartheid islam
http://www.google.com/search?hl=en&q=rape islam
http://www.google.com/search?hl=en&q=rape islam babies&btnG=Search
http://www.google.com/search?hl=en&q=genocide islam&btnG=Search
Reply to this comment
by lars008-2009 August 3, 2007 7:30 AM EDT
NONE OF US IS FREE UNLESS ALL ARE FREE!!!

WHY IS IT NOT ONE MUSLIM COUNTRY GRANTS EQUAL RIGHTS TO NON MUSLIMS???

FASCIST NAZI TERRORISLAM SAYS UNIVERSAL DECLARATION OF HUMAN RIGHTS VIOLATES ISLAM LAW...

Universal Declaration of Human Rights
http://www.un.org/Overview/rights.html

For example, in 1981, the Iranian representative to the United Nations, Said Rajaie-Khorassani, articulated the position of his country regarding the Universal Declaration of Human Rights by saying that the UDHR was "a secular understanding of the Judeo-Christian tradition", which could not be implemented by Muslims without trespassing the Islamic law.

http://www.un.org/terrorism/
http://www.un.org/terrorism/strategy-counter-terrorism.html
http://www.un.org/

But the accepted assumption in India is that most of India's Muslims were converted to Islam through the sword. Meaning the Indians were given an option between death or adopting Islam. The third option was getting examined in Islam religion along with heavy taxes- Jeziya (poll tax) and Kharaj (property tax).

http://adaniel.tripod.com/Islam.htm

this is what fascist nazi islam calls peace....

are you ready to live under islam rule as a non muslim???

apartheid fascist nazi islamic style

Rights of Non-Muslims in an Islamic State
http://www.sullivan-county.com/id3/islamic_state.htm
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by ramos937 August 3, 2007 7:23 AM EDT
singinrick wrote:

"I do not condone the actions of this Marine one bit as it is totally wrong and inhumane, but I'd sure like to know what you think of the radical Islamic jihadists who are blowing people up every day should be sentenced to."

I agree with the first part of the above but feel that once we had gotten rid of Saddem and found out that there were no WMD, we should have withdrawn. We would have lost face but all of the deaths, destruction, misery, etc that followed would have been avoided. Some strong SOB would have succeeded Saddam and Iraq would then have had peace and stability.

There would still be a war on terror but we would have fought it in a different way.
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by lars008-2009 August 3, 2007 7:18 AM EDT
klcc twin towers kuala lumpur were evacuated wednesday night???
Reply to this comment
by lars008-2009 August 3, 2007 7:06 AM EDT
IT IS TIME TO DEFEAT FASCIST NAZI TERRORISLAM ONCE AND FOR ALL%u2026

In 1786, Thomas Jefferson, then U.S. ambassador to France, and John Adams, then American Ambassador to Britain, met in London with Sidi Haji Abdul Rahman Adja, the Dey%u2019s ambassador to Britain, in an attempt to negotiate a peace treaty based on Congress%u2019 vote of funding. To Congress, these two future presidents later reported the reasons for the Muslims%u2019 hostility towards America, a nation with which they had no previous contacts.

%u2026that it was founded on the Laws of their Prophet, that it was written in their Koran, that all nations who should not have acknowledged their authority were sinners, that it was their right and duty to make war upon them wherever they could be found, and to make slaves of all they could take as Prisoners, and that every Musselman (Muslim) who should be slain in Battle was sure to go to Paradise.

Sound familiar?

Thomas Jefferson and James Madison defeated the fascist nazi muslims 200 years ago
And again 100 years ago with Theodore Roosevelt
Tunisia in 1881 by France and Libya in 1911 by Italy. By then most of the Islamic world was under Christian domination. With the Ottoman Empire defeated in WW1, secularist Turkish rebels in 1923 overthrew the last Islamic Caliphate,
http://www.hawaiireporter.com/story.aspx?6bdec278-6a71-4436-bc4d-29d1c54b0ad7
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by lars008-2009 August 3, 2007 6:22 AM EDT
it is fascist nazi terrorislam stupid%u2026.

non muslims of the world unite... fight against the tyranny of the fascist nazi terrorslam imperialist empire of the darkside...

Our Prophet commanded us to fight the kaafirs when we are able and to attack them in their homelands and to give them three choices before we enter their lands: either they become Muslim and be like us, sharing our rights and duties; or they pay the jizyah (poll tax) and feel themselves subdued; or they fight, in which case their wealth, women, children and homes become permissible as booty for the Muslims.
http://islamqa.com/index.php?ref=13759&ln=eng&txt=before%20islam%20arabia%20pagan
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by lars008-2009 August 3, 2007 5:54 AM EDT
It is in vain, sir, to extenuate the matter. Gentlemen may cry, Peace, Peace--but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death! March 23, 1775 Patrick Henry

USA's PLEDGE 2 THE WORLD GIVEN BY JFK!!

"Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe, in order to assure the survival and the success of liberty." - John F. Kennedy, Inaugural Address, Jan. 20, 1961

"Ask not what your country can do for you. Ask what you can do for your country." - John F. Kennedy, Inaugural Address, Jan. 20, 1961

One ought never to turn one's back on a threatened danger and try to run away from it. If you do that, you will double the danger. But if you meet it promptly and without flinching, you will reduce the danger by half. Winston Churchill

"The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing." Albert Einstein

Edmund Burke: All that is necessary for evil to succeed is that good men do nothing.
Reply to this comment
by August 3, 2007 3:46 AM EDT
singinrick wrote:

"I do not condone the actions of this Marine one bit as it is totally wrong and inhumane, but I'd sure like to know what you think of the radical Islamic jihadists who are blowing people up every day should be sentenced to."

I wonder if singinrick appreciates the irony of his comment.

I'm not too sure about singinrick, but if someone - anyone - invaded my country and raided my house, abused my family, destroyed my furniture and desecrated my belongings, or killed my family members, I wouldn't be too happy - and I would fight back.

I wonder if he feels that the French Resistance during World War 2 should all have been executed?
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