I know we all have to follow the rules of engagement, but our soldiers, aailors, airmen, and marines is in a "do or die" situation in Afghanistan and Iraq. It seems like the reserves and guard soldier is being tag for war crimes. Or is it that their being watched more closely in this war?


Opening Statements Begin For Soldier
Associated Press
May 25, 2005

FORT HOOD, Texas - An Army squad leader became enraged and repeatedly shot an unarmed suspected Iraqi insurgent when he thought the man had lied about his identity, a soldier testified Tuesday.

Staff Sgt. Shane Werst then pulled out a non-U.S. military gun, shot at a wall and told Pfc. Nathan Stewart to get the Iraqi's fingerprints on the weapon, the private testified. Werst, on trial for murder, later told his superiors the Iraqi fired first.

Werst, 32, faces up to life in prison without parole if convicted of premeditated murder and obstruction of justice. Prosecutors say Naser Ismail's January 2004 death was in retaliation for a mortar attack on a U.S. base in Balad that killed an Army captain.

Stewart, who testified under immunity, said he and Werst were the only soldiers in Ismail's house, and that they beat him before he was shot. Stewart said he didn't report details of the shooting until he was in counseling 10 months later because he "was trying to live a happy life."

But for months he felt partly responsible for the death that occurred during raids as soldiers tried to track down suspected insurgents named on a list, he said.


"I can't help but feel like I was part of an execution," Stewart said. "I felt horribly guilty that I was part of this in any way."

During opening statements earlier Tuesday, defense attorney Capt. Mark Santos said Werst shot Ismail only after the Iraqi lunged toward Stewart and reached for Stewart's weapon after an intense struggle.

Werst followed the rules of engagement because he thought Stewart's life was in danger, Santos said. But, Santos said, Werst made a mistake by planting a gun on Ismail.

"This case is about losing control over a deadly and dangerous insurgent and protecting a subordinate who was ... careless," Santos said.

Prosecutor Capt. Steve Fuller said other Iraqis captured by troops that night were handcuffed and taken into custody.

Attorneys first gave their opening statements Monday but did so again Tuesday because two jurors were replaced after they said they were on another jury in a related case with some of the same witnesses.

The day's first witness, 1st Lt. Jack Saville, testified against Werst as part of a plea deal. In March, Saville pleaded guilty to assault in connection with ordering U.S. troops to force three Iraqis into the Tigris River.

Saville said he was in the area during the Balad raids and talked to Werst on the military radio system, confirming that Ismail was one of the men on the list of Iraqi insurgents. He said he heard a soldier on the radio say "contact forthcoming" and then heard gunfire, but he was not certain it was Werst's voice.

Saville later acknowledged that in a sworn statement in March he said the voice was Werst's.

Werst, of El Toro, Calif., was a combat engineer in the 3rd Brigade Combat Team at Fort Carson, Colo., part of the Fort Hood-based 4th Infantry Division.

Doesn't look good for any of these men, does it?

I'm sure our men and women stationed in Afghanistan and Iraq is getting the news about their peers. There's all kind of red flags waving about "this one done that, and that one done this." They need to take a minute or two to rethink on how to handle the prisoners, if I was in their place I know I wouldn't be too sensitive. But I have to try my best to don't over do it because someone will tell, it is amazing how we have to go by all the rules. No one is crying about americans getting kidnap and beheaded, and other sick and twisted things done to military and civilians.

Two wrongs don't make right.To shoot an unarmed person because he lied about his identity,and then to plant evidence for a cover up, is inexcusable.
Shooting a civilian in the middle of a firefight is one thing.What SSgt. Werth did was criminal, IMHO.
Bad karma all around.

It'll all come out in the trial. These are only the opening statements after all.

Soldier Acquitted of Killing Unarmed Iraqi

Guess this says it all...

@Thegunny.....thank you for the link, it says it all. Our military personnel is in a situation where whatever decision is made, it'll probably be consequences behind it.

These folks are operating under a microscope, and they must adjust to this fact or pay the price.

Thanks for the word,Guns.
I figure I should just shut up about things like this and let the system work.
Glad he was acquitted,but man,when I first read the circumstances.....

Said it before and I'l say it again....anyone can be charged with a crime....getting convicted is something else entirely.

When a crime occurs, everyone is a suspect until the investigation narrows it down. The system works as a rule.