US soldier's court-martial in death of unarmed Iraqi goes to jury

A nine-member jury began deciding whether an Army platoon surgeant deliberately shot and killed an unarmed Iraqi man or whether he truly believed the man posed a threat during a dangerous raid on an insurgent hideout in a southern village near Kirkuk.

At least six members of the panel must find Sgt. 1st Trey Corrales guilty for him to be convicted on the charge of premeditated murder, which carries a minimum sentence of life in prison.

He is also charged with wrongfully ordering another soldier to shoot the man and planting an AK-47 at the scene to create the impression the victim was holding a weapon.

Corrales, 35, admitted to shooting the man when his platoon busted into a house last year in the village of Al Saheed. The platoon was looking for insurgents they suspected of firing at U.S. helicopters and planting roadside bombs.

But Corrales argued that the killing fell within the rules of engagement governing the use of deadly force. He pleaded not guilty to all three charges.

An Army report said the victim's name was Salih Khatab Aswad, but no one came forward to identify his body and the U.S. military was unable to confirm his identity. An autopsy determined he died of gunshot wounds.

Prosecutors said Corrales planned the killing from the time he received a phone call the night of June 22 ordering his platoon to go after the insurgents. They said he ordered his platoon to kill all military-age males in the target house.

The platoon met little resistance after breaking into the house with explosives. The soldiers quickly separated the men from the women and children, searched the house and found no weapons. They also started testing the men's hands for traces of explosives to find those who might have handled roadside bombs.

Government witnesses said Corrales grabbed Aswad, who tested positive, pushed him outside to the yard of the house and tried to hand him an AK-47.

They said Corrales told Aswad to start running. When the Iraqi didn't, Corrales called the platoon's interpreter to ask him the word for "run" in Arabic and repeated the word in the man's native language.

No prosecution witness said they saw the man being shot.

One witness, platoon member Spc. Franklin Hambrick, testified he saw Corrales aim his M4 rifle at the man, but he turned around to go back inside and only heard shooting after entering the house.

Another witness, Pvt. Christopher Shore, who said he ran out to the yard after hearing shots fired, said Corrales told him to "finish" Aswad. Shore said he fired his weapon, but off to the side. Charged at the same time as Corrales, Shore was convicted of aggravated assault in a February court-martial and is serving a 120-day sentence.

Capt. Laura O'Donnell, the chief prosecutor, said Corrales planned the shooting, carried it out and then tried to cover it up.

"The detainee was in U.S. custody, and he was entitled to dignity and respect," O'Donnell said in her closing argument. "But (Corrales) wanted his kill, and he got it."

Corrales' lawyer cast doubt on the credibility of the prosecution witnesses and said the government failed to prove that the bullets from Corrales' M4 killed Aswad.

"There are pieces of the puzzle that are missing," Spinner said during his closing argument. He said the prosecution failed to prove its case beyond a reasonable doubt.

The incident came about 11 months into a 15-month deployment for Corrales' 3rd Brigade Combat Team, 25th Infantry Division, based at Hawaii's Schofield Barracks.