Murder trial not recommended for soldier

Murder trial not recommended for soldier
By Audrey McAvoy - The Associated Press
Posted : Wednesday Nov 7, 2007 7:32:39 EST

HONOLULU — A U.S. military investigator on Tuesday recommended against trying a Hawaii-based soldier for the premeditated murder of an unarmed Iraqi, saying there wasn’t enough evidence to show he shot and killed the man.

Spc. Christopher Shore and his platoon leader, Sgt. 1st Class Trey Corrales, have both been charged with murdering the Iraqi, who has not been identified by name in the military judicial proceedings.

Lt. Col. Raul Gonzalez, the officer who presided over a hearing last month to determine whether Shore should be tried, said that while Shore should not be tried for murder, he should be court-martialed for aggravated assault.

Gonzalez said there was “overwhelming evidence” showing Corrales shot at the man multiple times with the intention of killing him. Corrales has waived his right to a hearing prior to a decision on whether he should be court-martialed for the Iraqi’s murder.

“Reasonable grounds do not exist to believe that the accused committed premeditated murder,” Gonzalez wrote of Shore, according to a copy of the report obtained by The Associated Press.

The commander of the 25th Infantry Division, Maj. Gen. Benjamin Mixon, is expected to consult the report while deciding whether Shore should be court-martialed.


Rest of article at: http://www.armytimes.com/news/2007/11/ap_corrales_071107/