Accused Marine won't face death penalty

CAMP PENDLETON, Calif. - The government will not seek the death penalty for a Marine Corps corporal who is among eight troops charged with murder and other crimes in the shooting of a civilian Iraqi man, a military prosecutor told a hearing officer Tuesday.

Lance Cpl. Jerry E. Shumate Jr., 21, is accused in the killing of 52-year-old Hashim Ibrahim Awad last April in Hamdania, west of Baghdad. Shumate is suspected of firing his M-16 at Awad, then lying to investigators about what had happened, according to charging documents.

Military prosecutor Lt. Col. John Baker's recommendation against a possible death penalty for Shumate came at the conclusion of an Article 32 hearing, the equivalent of a preliminary hearing in civilian court, that was held as part of the process to decide whether Shumate will be held for a court-martial. The final decision rests with a commanding general.

An investigator who interviewed Shumate in Iraq testified that the interview was emotional, recounting how he burst into tears as he was questioned.

"He was fairly calm, but halfway through the interview he became emotional, then calm, then emotional again," said Kelly Garbo, a special agent with the Naval Criminal Investigative Service. "He was crying."'

She said Shumate spoke to her voluntarily. No force or threats were used during the questioning, Garbo testified, and Shumate was allowed to take cigarette and water breaks.

He was shown a map that Lance Corp. Tyler Jackson, another defendant, had drawn during his interrogation. Garbo said the map was used to help Shumate show the officers where events had occurred.

Neither Garbo nor two other NCIS investigators who testified were asked to give details of Shumate's statements. Defense attorneys did not cross-examine any of the investigators.

Asked outside the hearing whether there was an agreement to keep the statements secret, lawyers on both sides refused to comment.

Shumate, a native of Matlock, Wash., is an infantryman who enlisted in February 2005. He was serving his first tour in Iraq. All the defendants were assigned to 3rd Battalion, 5th Marine Regiment, 1st Marine Division.

He is the third Marine to face an Article 32 hearing. During a previous hearing, Baker said prosecutors would not pursue a capital sentence against Pfc. John Jodka III, another defendant in the case. Hearings for the other accused troops are expected in coming weeks.

All the defendants are accused of entering Awad's house on April 26, kidnapping him and taking him to a roadside hole. There, prosecutors say, several troops shot him.

Defense attorneys have questioned the credibility of the Iraqis who reported the killing to U.S. authorities. But in a brief closing argument, Baker told hearing Officer Officer Col. Robert S. Chester that statements made in the case had been corroborated by DNA evidence and autopsy and ballistics reports.

"The statements taken together with the evidence satisfy probable cause of the offenses charged," Baker said.

Shumate's mother, father and adult sister sat directly behind him in the tiny, 15-seat courtroom. His father, Jerry Shumate Sr., wore a T-shirt emblazoned with the words, "My son, one of the few, the proud, a Marine."

"We're devastated; we're just taking it day by day," Jerry Shumate Sr. said previously. "All we can do is trust in our counsel and trust in our government."

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Help the 'Pendleton 8' and their families.

Charity for the Pendleton 8. Click here. Paypal Available!! For every donation of $20, the doner will receive a free T-shirt to help spread the news of these brave Americans. Be sure to include your size of MEdium, Large, X-Large or XX-Large. Click on the T-shirts for a direct link to PAYPAL.

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The 'Pendleton 8': A look at the 7 Marines and Navy corpsman charged in Hamdania incident
http://www.freerepublic.com/focus/f-news/1670877/posts

Some web sites with more info and also accepting donations.

Cpl. Robert Pennington
http://www.defendrob.com

PFC John Jodka
http://www.innocentmarine.com

Tyler Jackson
http://www.fightingfortyler.com

Cpl. Marshall Magincalda
http://www.defendourmarine.com

Cpl. Trent Thomas
http://www.defensefundformyhero.com

Lance Cpl Jerry Shumate
http://friendsofjerry.blogspot.com/

Hospital Corpsman Third Class Melson J. Bacos
http://patriotdefensefund.com/

Other sites supporting the men:

http://www.defendthetruth.com

http://www.warrior-fund.org

http://www.pendleton8.com

http://www.marinedefensefund.com/

If your financial situation permits, please help as you can to cover legal representation costs.

Thanks!

2 posted on 09/12/2006 6:23:52 PM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)

U.S. Marine Lance Cpl. Jerry Shumate Jr. is shown at Camp Pendleton, Calif., Tuesday, Sept. 12, 2006. An Article 32 hearing is being held for Shumate Jr., 21, who is among eight accused in the killing of 52-year-old Hashim Ibrahim Awad last April in Hamdania, west of Baghdad. (AP Photo/Sandy Huffaker)

3 posted on 09/12/2006 6:25:07 PM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)

I think it is time to bring this farce to an end. No matter how hard the military tries, they aren't going to impress the Commies in the MSM, the aCLU and in Sheehan's mob.

5 posted on 09/12/2006 6:30:53 PM PDT by FlingWingFlyer (You can't defeat your enemy unless you are willing to get down in the mud with him.)

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