Marine Spared From Prison In Iraqi’s Killing
Cpl. Trent Thomas
Prosecutors had sought 15 years in prison for Cpl. Trent Thomas in the death of a man in April 2006. But a jury of Marines with combat experience sided with his attorney, who argued for no further jail time.
By Tony Perry, Times Staff Writer
9:43 AM PDT, July 20, 2007
CAMP PENDLETON — After an hour of deliberation, a military jury today spared Marine Cpl. Trent Thomas from a prison sentence but ordered him given a bad-conduct discharge for his conviction on charges of kidnapping and conspiracy to commit murder in the death of an Iraqi in Hamandiya last year.
The jury could have sentenced Thomas, 25, to life in prison without the possibility of parole. But the jury had wide flexibility, including sparing Thomas from prison.
Lt. Col. John Baker, the lead prosecutor, had asked that Thomas be sentenced to a dishonorable discharge and 15 years in prison as a warning to other young Marines to follow the laws of war.
But Maj. Haytham Faraj, one of Thomas’ attorneys, had asked that Thomas be given no further jail time beyond the 519 days he has spent in the brig while awaiting trial. He also asked that Thomas not be given a dishonorable discharge because that would make him ineligible for care from the military for his post-traumatic stress disorder.
The jurors know from personal experience the frustration and danger that Thomas’ and his fellow members felt while patrolling an area rife with roadside bombs and snipers. Three jurors have served three tours in Iraq, five have served two tours.
Five of the nine have been awarded the Combat Action Ribbon for having come under enemy fire. One juror received the Navy Cross, the nation’s second highest medal for bravery, and a second received a Bronze Star for valor.
Both prosecution and defense said Thomas’ sentence will send a message to troops serving in Iraq. At his court martial, some of Thomas’ squad members testified they decided to kill an Iraqi out of frustration with an Iraqi legal system that lets suspected insurgents roam free.
“There’s got to be a cost that deters those frustrated fire team leaders that are there now,” Baker said. “It’s a frustrating mission.”
But Faraj said a long sentence would mean that Marines have abandoned one of their own despite the Marine Corps dictum that no Marine is left behind on the battlefield.
He quoted a Marine lieutenant colonel about serving in Iraq: “When you’ve been in this environment long enough, your heart turns murderous.”
In an emotional plea to the jurors, Thomas talked about his love for his fellow Marines. He said that he wishes he could reenlist and return to combat in Iraq.
Thomas said that despite his conviction he still appreciates the chance the Marine Corps provided to him to escape an impoverished upbringing in East St. Louis. When he passed the Marine Corps entry test on his third try, he said he cried aloud, “Thank you, Jesus.”
“My dad respects me because I got out of the ‘hood where we lived,” Thomas said. “I don’t want to be one of those dudes who ends up on the street.”
Thomas was convicted Wednesday in the kidnapping and execution of a middle-aged Iraqi man who was dragged from his home, marched 1,000 yards, and shot. An autopsy showed he was struck by 11 bullets.
Thomas did not testify during his court martial, and his comments at the sentencing portion of the trial were unsworn so that he was not cross-examined. Thomas did not speak of the night the Iraqi was killed. Nor did he express remorse.
Five other members of his squad, initially charged with murder, have pleaded guilty to reduced charges, but Thomas, after initially pleading guilty, changed his mind and requested a trial. The final two squad members will go to trial over the next week.
Thomas was found not guilty of premeditated murder. If he had been convicted of that charge, the jury would have been required to sentence him to life in prison without the chance of parole.
For a sentence of 10 years or more, seven jurors had to agree. For a sentence of less than 10 years, six jurors had to agree.
Thomas, who is married with two children, served three tours in Iraq. He was wounded during the battle for Fallouja in December 2004 and received the Purple Heart.
Master Sgt. Keith Backmann, his voice breaking, told jurors that Thomas refused to be evacuated after being wounded and continued to fight the insurgents. “That tells you a lot about his character,” he said.
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That’s bullshit. I’m fucking real tired of fucking paid liers (Jag, etc) second-guessing combat soldiers.
Jail was not the place for this guy. If you want to do something to him, then do something positive. Put him in rehab and send him home.
I hate this shit. We hold our people to a stabdard that the enemy doesn’t have. We play by the Marques of Queensbury rules, while trying to fight a “street fight”.
That’s bullshit.
July 20th, 2007 at 9:30 amCpl. Thomas should have a field promotion and John Murtha should have to follow him around to spit-shine his boots every time he stops. Get real!
July 20th, 2007 at 10:18 amGosh, poor kid.
July 20th, 2007 at 11:53 amThomas refused to be evacuated after being wounded and continued to fight the insurgents. “That tells you a lot about his character,” he said. — sure does.
Good, now we need to get the Haditha 8 all exonerated. The recommendation on two of them has been to drop charges. Next up is Col Chessani, whose Article 32 ended a month ago, ruling should be coming down soon. All of this JAG and political backbiting is dead wrong.
July 20th, 2007 at 12:24 pmUnfortunately for this Marine and so many others, interpretation of rule of war is always enforced by the armchair lawyers that couldn’t handle real active duty, let alone face combat. Notice his peers were mostly combat vets, and understand where he had been.
Those should be the guys to decide to prosecute or not, since the liberals are always trying that view on everything else, you aren’t black, you can’t judge them, you don’t feel bad for them you can’t have compassion, and other garbage like that.
I’m just sorry he had to go with a big chicken dinner, but it is better than a dishonorable
July 20th, 2007 at 12:49 pmjust like jack nicholson said ” u can’t handle the truth” he only wanted to be a MARINE and they took him down… what a loss,,,
July 20th, 2007 at 1:17 pmLawyers have always and will always suck. They should have to serve at least two tours of front line combat duty before they are allowed to be in a trail like this.
July 20th, 2007 at 1:43 pm“Laws of war” - Give me a fuckin’ brake.
July 20th, 2007 at 1:49 pmTHANK YOU Cpl. THOMAS!! I wish there was some way we could publicly or privately let this Marine know that we support him with all our heart and are forever thankful. Maybe take up a donation for he and his family - 519 days in the brig - did he continue to receive pay for that period? Im sure with that discharge he loses his benefits as well. Such a sad way to repay these Heroes! We send them into battle to do the ‘dirty’ work that most don’t even want to think about.
July 20th, 2007 at 2:01 pmSounds like he needed help more than jail-I can’t even imagine what he has been through. I just hoep he gets help. We should not second guess people in war, without good evidence at least.
July 20th, 2007 at 5:00 pmHow many Marines and Soldiers were spared by the justice delivered by the accused?
The rule of law was non existent and those that worked to kill them were not detained or eliminated.
Good for them.
And f*ck to that dishonorable discharge. I see no dishonor in Cpl Thomas.
July 20th, 2007 at 8:08 pmThank you Cpl. Thomas, and I’m sorry about what happened to your Marine Corps career, but at least you know you have the respect of your peers in Iraq and that means more than anything.
July 20th, 2007 at 9:21 pm“decided to kill an Iraqi out of frustration (IE INTELLIGENT REASONING FOR SURVIVAL) with an Iraqi legal system that lets suspected insurgents roam free.”
…..AND THE F-KING PROBLEM IS…?!?!?!?!?
July 21st, 2007 at 5:30 am“It is not honorable to take mere legal advantage, when it happens to be contrary to justice.” –Thomas Jefferson
Fuck the JAG corps.
July 21st, 2007 at 5:34 am