Home > Commanders get immunity in case of Iraqis forced to jump
By ROBERT WELLER
FORT CARSON, Colo. - Three Army commanders were granted immunity from prosecution Friday in the case of two Iraqi civilians forced to jump from a bridge. One of the two allegedly died.
The decision by Maj. Gen. J.D. Thurman, the commander of the 4th Infantry Division at Fort Hood, Texas, cleared the way for the men to testify during a hearing to determine if three of their subordinates will face a court-martial in the case.
The three commanders, Lt. Col. Nathan Sassaman, Maj. Robert Gwinner and Capt. Matthew Cunningham, who have already received reprimands for interfering with the investigation of the case, had said they wanted to testify if granted immunity, defense attorney Capt. Joshua Norris said.
Two enlisted soldiers are charged with the death near Samarra on Jan. 3 and a third with assault for forcing the alleged victim’s cousin to jump into the river. The cousin survived.
Rep. Joel Hefley, the Republican who represents the Fort Carson area, has said he wants to hold hearings on why lower-ranking soldiers are facing lengthy jail terms but the three higher-ups were only reprimanded.
Sgt. 1st Class Tracy E. Perkins, 33, and Sgt. Reggie Martinez, 24, are charged with involuntary manslaughter, as is 1st Lt. Jack M. Saville, 24, whose hearing will be held later. The third defendant at this week’s hearing, Spec. Terry Bowman, 21, is charged with assault for allegedly pushing the second man into the river.
The soldiers are assigned to Fort Carson’s 3rd Brigade Combat Team, which is part of the 4th Infantry.
The Article 32 hearing is the equivalent of a grand jury hearing in civilian life. Once it is complete, the hearing officer will make a recommendation on whether the men should face a court-martial. The four soldiers face between 5½ years and 26½ years in prison if they are convicted.
Defense attorneys for the soldiers attacked the prosecution’s case at its core Wednesday and Thursday by casting doubt that the Iraqi died, producing three soldiers who say they saw two civilians climbing up the riverbank. All three said they were able to tell the two were civilians through their night vision goggles because they were not wearing flak jackets or carrying weapons.
The defense attorneys said insurgents have frequently faked deaths to embarrass U.S. forces and get soldiers into trouble.
Family members, however, say Zaidoun Hassoun drowned that night and his body was found downriver 13 days later. The survivor, Marwan Fadel Hassoun, 23, has told The Associated Press he tried to save his cousin’s life as soldiers watched and laughed from the bridge above.
An uncle, Nizar Fadhel al-Samarrai, told the AP that Army investigators never showed up to confirm the death of his nephew, though the family was prepared to exhume the body to prove it.
"The investigators told us a forensic doctor would be brought from the United States to conduct an autopsy but this has not happened," he said by telephone from Iraq on Thursday. "They requested a fatwa (religious edict) from local religious authorities to say there’s no problem with opening the grave. We got one around seven months ago. But since then, there has been no contact from them at all."
Army investigator Sgt. Irene Cintron testified that it was too dangerous to exhume the body, and she relied on the word of family members and members of the Iraqi Civil Defense Force.
Attorneys in the case say troops in Iraq have not been able to locate Marwan Hassoun to get a sworn statement. The hearing officer, Capt. Robert Ayers, agreed to introduce a statement from Marwan Hassoun describing how he and his cousin were forced to jump into the river.