Documents received from the Department of the Army in response to ACLU Freedom of Information Act Request

Documents received from the Department of the Army in response to ACLU Freedom of Information Act Request

Criminal Investigation Demand Files
(Released on September 4, 2007 | Learn More: The Human Cost of War - Civilian Casualties in Iraq & Afghanistan)

Document	Agency	Incident Date	Specific Location	Description
Army Bates 000001	Army	14-Jan-05	Roadside Asr Kiev, Ash-Shumali, Iraq	A family approached a U.S. Convoy and the Convoy opened fire. Three civilian assualts were reported and a bystander named Faysal Kamel Hamza was killed. The death was ruled as justified. Memo date February 19, 2005.
Army Bates 000002	Army	21-Feb-05	Grid Coordinate MF 33702 29222, Shaqlawa, Iraq	U.S. solider committed the offenses of negligent homicide and reckless endangerment when he/she drove his/her vehicle recklessly and caused the death of a six-month-old Iraqi girl named Merro, Summa Soman. Memo date April 6, 2005.
Army Bates 000003	Army	30-Jan-05	Bagdad Central Confinement Facility (BCCF); Grid: 38S MB 130 840; Abu Graib, Iraq	Detainee - Fawzzi, Abdullah - died as a result of complications associated with gunshot wounds received in battle with U.S. Forces. Memo date May 15, 2005.
Army Bates 000004	Army	21-Apr-05	Grid Coordinate , WD18318038146, Afghanistan	Sayed Rahman was struck by a Humvee driven by a U.S. soldier. Facts allege that the Humvee was traveling at 17.32 miles per hour and that the side mirror of the car struck Rahman. Rahman died of his injuries. Death was classified a "traffic fatality." Memo date May 18, 2005.
Army Bates 000005	Army	17-Feb-05	200 Meters North of the Main gate, Shindand Air Field, Afghanistan	After a New York Times article questioned the deaths of two individuals - Naieb and Rasul - the government engaged in an investigation. The article "indicated [that] U.S. soldiers had shot and killed two Afghanistan villagers outside the U.S. base near Shindand, Afghanistan. The investigation determined that there was insufficient evidence to prove that soldiers had committed "the offense of Murder as initially alleged." Memo date May 30, 2005.
Army Bates 000006	Army	31-Jan-05	Compound 5, Theater Internment Facility, Camp Bucca, Iraq APO AE 09375 (CBI), CRID 38S MB 130840	After two hours of rioting, allegedly in response to U.S. defacement of Qur'ans, prison guards opened fire on detainees. The following four detainees were killed: Abid, Ismail Hammed; Mousa, Mahmood Ismaeel; Hamed, Khaleed Yassen; and Tawfeeek, Hauthaifah Nazar. Five other individuals were alleged to have been assaulted but their names were redacted. The deaths were ruled as justifiable homicide and the assaults were ruled unfounded.
Army Bates 000007	Army	24-Apr-05	Baghdad Central Confinement Facility (BCCF); Grid: 38S MB 130 840; Abu Ghraib, Iraq	Detainee - Muhammed, Ali Ali - died as a result of a gunshot wound to the abdomen during an altercation with U.S. Forces. An autopsy was performed and the death was ruled as justifiable homicide. Memo date July 21, 2005.
Army Bates 000008	Army	10-May-05	Main Supply Route Red, 8 Miles South From Kabul, Near Grid Coordinate WD 0627420207, Kabul, Afghanistan	A U.S. soldier was accused of committing negligent homicide when a car he/she was driving struck an individual. The individual was killed and his identity was never discovered. The investigation states that there was insufficient evidence to prove negligent homicide and the death was ruled a traffic fatality. Memo date July 29, 2005
Army Bates 000009	Army	14-May-05	Compound 4 and Internment Facility Aid Station (IFAS), Theater Internment Facility (TIF), Camp Bucca, Iraq APO AE 09375 (CBI), GRID 38 S MB 130840	Detainee - Sweidan al Halbosi - died after a piece of surgical gauze was left in his throat after a surgical procedure. The death was ruled accidental. Memo date August 15, 2005
Army Bates 000010	Army	29-Jul-05	Grid MB 25251 82657, Highway One, Vicinity of Camp Sather, Baghdad International Airport (BIAP), Baghdad, Iraq	A construction worker named Bekir Mehmet Sultan Kayim was killed when a U.S. military vehicle off-roaded and hit Kayim's vehicle head on. The death was ruled a traffic fatality. Memo date September 6, 2005.
Army Bates 000011	Army	22-Aug-05	Baghdad Central Confinement Facility (BCCF); Grid: 38S MB 130 840; Abu Ghraib, Iraq	Detainee - Jaseem Emad - died as a result of gunshot wounds received in battle with U.S. Forces. Memo date December 3, 2005
Army Bates 000012	Army	5-Jul-05	Grid Coordinate MC28880017100	Private First Class Anthony Michael Mazzarella lost control of his car and struck civilian Arkan Jassim Fayath. Both were killed. The deaths were ruled accidental. Memo date February 17, 2006.

Courts Martial Records
(Released on September 4, 2007 | Learn More: The Human Cost of War - Civilian Casualties in Iraq & Afghanistan)

Document	Agency	Incident Date	Specific Location	Description
Army Bates 1778 - 2113 Parts 1, 2, 3, 4, 5, 6, 7	Army	20-Mar-05	Iraq	Sergeant Ricky A. Burke was accused of shooting an alleged Iraqi insurgent after a battle on March 20, 2005. Burke was charged and acquitted of attempted premeditated murder.
Army Bates 2114 - 2833 Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10	Army	22-Sep-04	Iraq	Private First Class James E. Combs III was guarding a police station and took his gun off safety - in violation of the Rules of Engagement - forgot to put the safety back on, and then shot an Iraqi woman in a market on September 22, 2004. Combs was charged with "culpable negligence" manslaughter. Combs was sentenced to six months in prison, and a bad conduct discharge.
Army Bates 2834 - 3640 Parts 1, 2, 3, 4, 5, 6, 7, 8	Army	Jan-04	Iraq	Sergeant First Class Tracy E. Perkins was accused of forcing two Iraqi men to jump from a bridge into the Tigris River in January 2004. One of the men allegedly died as a result. Perkins was charged with involuntary manslaughter, and of making a false statement. Perkins was acquitted of involuntary manslaughter, and making a false statement. Perkins was convicted of assault for forcing the Iraqi men into the Tigris River. Perkins was sentenced to six months in prison, a reduction in rank to staff sergeant, and forfeited $2,000.
Army Bates 3641 - 4082 Parts 1, 2, 3, 4	Army	18-Aug-04	Iraq	Staff Sergeant Jonathan J. Alban-Cardenas was accused of killing an unarmed, wounded sixteen-year-old Iraqi on August 18, 2005. Alban-Cardenas was charged with premeditated murder. Alban-Cardenas was convicted of murder and conspiracy to murder. Alban-Cardenas was sentenced to one year in prison, reduction to the lowest army rank (E-1), and a bad conduct discharge.
Army Bates 4083 - 6470 Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22	Army	28-Aug-04	Iraq	Specialist Brent W. May was accused of shooting an Iraqi man in his home during a house-to-house search on August 28, 2004. May claimed that his co-accused - Sergeant Michael P. Williams - ordered him to shoot the Iraqi man. May was also accused of trying to cover up the crime. May was convicted of unpremeditated murder. May was sentenced to five years in prison, and a dishonorable discharge.
Army Bates 6471 - 7052 Parts 1, 2, 3, 4, 5, 6	Army	28-Aug-04	Iraq	Specialist Brent W. May was accused of shooting an Iraqi man in his home during a house-to-house search on August 28, 2004. May claimed that his co-accused - Sergeant Michael P. Williams - ordered him to shoot the Iraqi man. May was also accused of trying to cover up the crime. May was convicted of unpremeditated murder. May was sentenced to five years in prison, and a dishonorable discharge.
Army Bates 7053 - 8906 Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23	Army	Aug-04	Iraq	Sergeant Michael P. Williams was accused of killing three Iraqis and of trying to cover up his crimes. The killings occurred on August 18, 2004, and August 28, 2004. Williams was accused of shooting an Iraqi man running from garbage truck, and of killing two other Iraqi men in house-to-house searches. Williams was convicted of premeditated murder and unpremeditated murder. Williams was sentenced to life in prison (which was later reduced to 25 years), a reduction in rank, and a dishonorable discharge.
Army Bates 8907 - 9789 Parts 1, 2, 3, 4, 5, 6, 7	Army	Oct-04	Iraq	Sergeant First Class Jorge L. Diaz was accused of shooting and killing a handcuffed Iraqi man in October 2004. In a separate incident the day before the killing, Diaz was accused of punching and choking a blindfolded Iraqi teen, pointing a gun at his head, and then forcing the Iraqi teen hold a smoke grenade with the pin pulled. Diaz was charged with the killing, making false statements after the killing, and mistreating the Iraqi teen. Diaz was convicted of unpremeditated murder and mistreating the Iraqi teen. Diaz was acquitted of making a false statement. Diaz was sentenced to eight years in prison (reduced to seven years due to plea deal), reduction to the lowest army rank (E-1), and a dishonorable discharge.
Army Bates 9790 - 10188 Parts 1, 2, 3, 4, 5	Army	Jan-04	Iraq	First Lieutenant Jack M. Saville was accused of forcing two Iraqi men to jump from a bridge into the Tigris River in January 2004. One of the men allegedly died as a result. Saville faced charges of manslaughter, and making false statements. Saville pled guilty to two charges of assault, dereliction of duty, obstruction of justice, and obstruction of justice. Saville was also charged and found guilty of battery based on a different incident in December 2003. Saville was found not guilty of that incident. For the Tigris River incident Saville was sentenced to forty-five days in prison, and forfeiture of two-thirds of his pay for six months.
Army Bates 10189 - 10303 Parts 1, 2, 3, 4, 5, 6	Army	3-Jan	Iraq	Army Staff Sergeant Shane Werst was accused of killing an unarmed alleged Iraqi insurgent on January 3, 2004. Werst claimed he was trying to protect a fellow soldier. Werst was charged and acquitted of premeditated murder.
Army Bates 10652 - 11421 Parts 1, 2, 3, 4, 5, 6, 7, 8, 9	Army	26-Nov-03	Iraq	Chief Warrant Officer Lewis E. Welshofer, Jr. was convicted of negligent homicide and dereliction of duty for killing an Iraqi general after stuffing the man headfirst into a sleeping bag, wrapping an electrical cord around the sleeping bag, and than sitting on the man’s chest on November 26, 2003. Welshofer was acquitted of murder and assault charges. Welshofer received a formal reprimand, forfeited $6,000 of his salary and was required to spend 60 days restricted to a post.

Inspector General Files
(Released on September 4, 2007 | Learn More: The Human Cost of War - Civilian Casualties in Iraq & Afghanistan)

Document	Agency	Incident Date	Specific Location	Description
Army Bates 10654 - 10657	Army Inspector General		Iraq	Department of the Army Inspector General Action Reqeust System (Electronic 1559 form). This case was opened on December 21, 2005, and closed on September 26, 2005. The complaint was made by a solider alleging criminal conduct in Iraq. He alleged mass misconduct on the part of soldiers in Iraq. He alleged that "1/4 of soliders in war are good men." He stated to the IG officer there are "more" soldiers on the "dark side." He went on to state that "[s]oldiers are complaining that they hadn't got to shoot anyone and LT[REDACTED] said 'We'll get you a kill' and they killed a grandma and grandpa for no reason. SPC[REDACTED] the medic was there. LT[REDACTED] said he would kill the soldier if he said anything. The army did a big investigation and blew it off." There are also allegations of illegally importing AK47s in Iraq. The IG officer spoke with others and has notes that imply that the reporting solider may be suffering from some mental illness - perhaps post traumatic stress disorder. The IG officer then referred the allegations relating to Iraq to Criminal Investigative Demand. CID only pursed the AK47 charges saying that it had looked into the murder allegations and that the allegations were not worthy of investigation.
Army Bates 10658 - 10660	Army Inspector General		Iraq	Department of the Army Inspector General Action Reqeust System (Electronic 1559 form). This case was opened on March 6, 2006, and closed on March 6, 2006. The complaint made by a soldier to an IG officer that soldiers in "FST element . . . had killed innocent people and gotten away with it numerous times. He stated that the unit had an 'SOP' for the sworn statements in which Soliders stated that they felt threatened and the incident was not closely scrutinized. He stated that one Solider, whose name I don't recall, had threatened to go to CID and was moved." The IG officer noted that the reporting solider seemed very nervous and not himself. The IG officer had a previous relationship with the reporting soldier. The IG officer had been the reporting soldier's platoon leader. The IG officer then contacted CID about the reporting soldier's allegations. CID asked the IG officer whether the reporting officer was credible. The IG officer responded that the reporting officer "had no reason to lie to me." The case was then referred to CID.