A u. S. soldier was discharged from the Army for manslaughter rather than charged with murder for shooting an unarmed Iraqi prisoner last year, even though Army investigators found...

Share story

WASHINGTON — A U.S. soldier was discharged from the Army for manslaughter rather than charged with murder for shooting an unarmed Iraqi prisoner last year, even though Army investigators found sufficient evidence to press the murder charge, Pentagon records released yesterday show.

The records also show that military investigators examined allegations that U.S. military dog handlers at Iraq’s Abu Ghraib prison held a competition to see who could make Iraqi detainees urinate on themselves the fastest.

Most Read Stories

Unlimited Digital Access. $1 for 4 weeks

Soldiers with the 519th Military Intelligence Battalion were cleared of charges in the September 2003 incident after Army investigators could find no evidence to support allegations that the soldiers had attempted to frighten prisoners with dogs so they would urinate on themselves.

The Army criminal investigators did find that a specialist with the 4th Forward Support Battalion, 4th Infantry Division, may have committed murder when he shot an unarmed prisoner at Camp Packhorse, near Tikrit, also in September 2003. The soldier, whose name was omitted from the records, said he thought the prisoner was trying to escape.

But investigators found that the soldier, who’s identified only as an electronic-devices repairman, probably “acted out of malice and went immediately to deadly force when it likely wasn’t warranted,” according to field notes.

The incident occurred Sept. 11, 2003, but wasn’t reported to Army criminal investigators until four days later. When an investigator followed up Nov. 20, an Army lawyer at Camp Packhorse said the soldier had been administratively punished for voluntary manslaughter Nov. 12, reduced to the lowest rank of private and discharged from the Army.

There’s no explanation in the records of why the soldier wasn’t charged with murder. The Army closed its investigation.

Neither the Defense Department nor the Army had any immediate comment yesterday.

The American Civil Liberties Union (ACLU), which released the records of the case, expressed concern that “commanders short-circuited the investigation and prosecution … rather than seeking fair and full justice.”

The records were among hundreds of documents the ACLU released yesterday on internal Army investigations into crimes allegedly committed by U.S. soldiers in Iraq. They were among the latest in a slew of government documents the ACLU has released that cover abuse by U.S. service members in Iraq, Afghanistan and the detention center at the U.S. naval base in Guantánamo Bay, Cuba.

While the documents illustrate that some troops have committed human-rights abuses, questions remain about how far up the chain of command the responsibility goes. Senior defense officials, including Defense Secretary Donald Rumsfeld, have blamed lower-ranking soldiers and a lax command atmospheres. However, some critics, including the ACLU, charge that responsibility goes much higher.

Yesterday’s documents detail about four dozen cases in which Army criminal investigators looked into accusations of soldiers assaulting, robbing, mistreating and killing Iraqi civilians and prisoners.

There were at least seven shooting incidents, including that of the soldier who was discharged.