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The Honolulu Advertiser
Posted on: Wednesday, February 20, 2008

Defense says wrong soldier on trial

Advertiser Staff

Hawaii news photo - The Honolulu Advertiser

Spc. Christopher Shore

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WHEELER ARMY AIRFIELD — The murder case against a Schofield Barracks soldier in the death of an unarmed Iraqi detainee may come down to conflicting testimony over whether he actually shot at the man, or intentionally missed him.

Spc. Christopher Shore, 26, of Winder, Ga., is charged with third-degree murder — roughly equivalent to a civilian manslaughter charge — in the death of the unidentified man last June while on a deployment to northern Iraq.

At Shore's court-martial yesterday, defense attorney Michael Waddington said his client is not guilty of murder, and is not guilty of assault.

The case also involves a platoon leader, Sgt. 1st Class Trey Corrales, who was described as mercurial and out of control by fellow soldiers. Corrales is accused separately of shooting the unarmed Iraqi multiple times, and then ordering Shore to "finish" him.

Waddington said there's no dispute the Iraqi was shot.

"But the man that shot and killed this individual is named Sgt. 1st Class Corrales," Waddington said.

Corrales, 35, of San Antonio, is charged with premeditated murder, wrongfully soliciting another soldier to shoot the Iraqi, and wrongfully impeding the investigation by having an AK-47 rifle planted near the victim.

Corrales' trial is set for April 22.

At an Article 32 hearing in October similar to a civilian preliminary hearing, Shore said he was afraid of what Corrales might do to him as Shore was ordered to shoot the wounded Iraqi on the ground.

Instead of carrying out the order, he fired two shots next to the detainee's head, Shore said.

Prosecutor Capt. Laura O'Donnell, however, yesterday asked the nine-member military jury to focus on the time after the first volley of shots, when she said Shore made the decision to raise his M-4 rifle and fire two shots, leading to the death of the detainee.

The scout platoon of the 2nd Battalion, 35th Infantry, was looking for insurgents planting roadside bombs on the June 23 raid to the village of al Saheed outside Kirkuk.

Earlier, U.S. Kiowa helicopters had taken and returned fire.

On the raid, Corrales wanted revenge because a buddy had burned to death in an attack shortly before the mission, Waddington said.

Corrales told his soldiers to shoot anyone in the village, the defense attorney said.

"(But) these guys knew right from wrong," Waddington said, adding that some men took "clearly missed" warning shots.

With nearly 20 scout platoon soldiers in place for the nighttime mission, a rocket was used to try to blow a hole in the wall of the "target" house.

Schofield soldiers said the house was quickly secured, there were no gunshots, and no weapons were found. Tests were administered to check for explosives residue.

Corrales ran into the house and "he wants to know why nobody was killed," Waddington said. He told the soldiers he would kill the next Iraqi who turned up positive for explosives residue, the attorney said.

Corrales tried to get one Iraqi to take an AK-47 rife, and marched him outside, Waddington said.

Shore had previously said the Iraqi, wearing a white tunic, had said, "No mister, no mister, not me."

Spc. Franklin Hambrick yesterday testified that the Iraqi man had his hands up and that Corrales ordered him to run.

Hambrick thought it was a scare tactic, but as Corrales raised his rifle, he thought "this is really going to happen," and as he turned away he heard shots fired.

Spc. Jeffrey Seliga said later he went to see a mental health officer. "I went to him because I thought that Sgt. Corrales was going to hurt somebody," Seliga said.

A military deputy medical examiner said the Iraqi man had five gunshot wounds: one in each arm, one in the back and two in the face.

One soldier said Corrales punched a woman in the house during the raid, and another said Corrales shoved a gun barrel down the throat of an Iraqi goat herder on another occasion.

There was contradictory testimony as to whether Shore said he had shot at the Iraqi.

Staff Sgt. Robert Radle said Shore told him he didn't know whether he had hit the Iraqi with the shots he fired.

David McMullen, a special agent with the military's criminal investigation command, also said Shore said he fired two shots, but was not able to say whether he hit the man.

But Sgt. 1st Class Dennis Bulham said Shore said he shot at the detainee.

Shore's father, Ray "Brian" Shore, sat behind his son in the Wheeler courtroom spectator area, as did Shore's wife, Katherin.

Shore previously said because Corrales had a close relationship with the battalion commander, Lt. Col. Michael Browder, Shore thought the shooting would be swept under the rug.

Browder was relieved of command in Iraq. He returned to Hawai'i from a new job at Fort Benning, Ga., to testify yesterday under a grant of immunity.

The night of the incident Corrales had told him he had shot an Iraqi, Browder said.

A two-thirds majority of the military panel is needed for a conviction, but Shore also could be convicted of a lesser offense than third-degree murder, officials said.