Convicted tank commander asks for leniency
By Melissa Eddy Associated Press
WIESBADEN, Germany — An Army captain, convicted Thursday in the shooting of a wounded Iraqi, asked for leniency in sentencing from the military jury and said he would continue serving if given the chance.
Capt. Rogelio “Roger” Maynulet, a Chicago native and the son of Cuban immigrants, stood at attention as the head of the jury, Lt. Col. Laurence Mixon, read the verdict of guilty of assault with the intent to commit voluntary manslaughter in the man’s death — reduced from assaul with intent to commit murder, which he originally faced.
Fighting to maintain his composure as he took the stand in the sentencing hearing after the verdict, Maynulet thanked the six-member jury, which could sentence him to up to 10 years in prison and kick him out of the Army.
“I respect your decision,” he said. “I think you did what you had to do.”
Asked if he would stay in the Army if given the chance, Maynulet replied confidently, “You bet.”
The decorated former tank company commander’s voice remained strong as he recounted the thoughts that had raced through his head before he aimed his gun at a wounded, unarmed Iraqi and shot him in the head on May 21, 2004.
“We’re trained, conditioned, to keep a distance,” said Maynulet, 30, looking down. “Maybe my mistake was that I projected myself into that Iraqi. I didn’t want to be in his state — if I were, I would hope that someone would put me out of my misery.”
Maynulet, 30, was leading his 1st Armored Division company on a mission near Kufa, south of Baghdad, when it was alerted that a car thought to be carrying what the Army called a “high-level target” was headed toward them.
No details of the mission have been released, but it has been widely reported the company was told radical cleric Muqtada al-Sadr, who led uprisings against U.S.-led forced in Iraq last year, was believed to be in the car with a driver.
The company chased the vehicle and fired at it. A passenger who was slightly wounded fled and was later apprehended. The driver was dragged from the car with serious head injuries and pronounced untreatable by Maynulet’s medic.
Maynulet, who has been lauded by his peers since the trial began Monday as a promising officer, outstanding leader and dedicated soldier, then shot the driver. The killing was filmed by a U.S. drone surveillance aircraft.
“I hope you can take into consideration my service, my attitude and my love for the Army before you make a decision,” Maynulet told the jury.
In closing arguments earlier Thursday, prosecutor Maj. John Rothwell said that Maynulet “played God” when he shot the driver, whom the U.S. military has only referred to as an “unidentified paramilitary member.” But relatives named him as Karim Hassan, 36, and said he worked for al-Sadr.
Rothwell argued that Maynulet, who was trained in first aid, should not have relied solely on the judgment of a medic who told Maynulet, “there’s nothing I can do.”
“Those five words were enough to make a life and death decision, and (Maynulet) chose to end a life,” Rothwell said. “This combat-trained life saver prescribed two bullets.”
Maynulet’s defense attorney, Capt. Will Helixon, argued that conflicting testimony from neurosurgeons about whether the Iraqi was still alive at the time of the shooting — combined with his client’s exemplary military record — required that he be acquitted.
Officers who worked with Maynulet in his Wiesbaden-based unit since his command was suspended on May 25 recounted in the sentencing hearing his high level of performance, despite facing a court-martial.
“I expected the minimum because of what he’s facing,” said Lt. Col. Paul Hurley. “But if I could have a shop full of guys like Roger, I’d have no problems.”
Maynulet’s father, Rogelio Maynulet, a physician who worked his way up from hospital janitor to director, also took the stand. He told of his son’s unfaltering devotion to the Army.
“He said he loved to serve his country. He always told me that he was going to make a difference,” the elder Maynulet said.
The jury is expected to deliver a sentence Friday.
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Topic: Mercy Shooting Found Guilty (Read 844 times)