Marine sentenced to 15 years in Iraq killing

The ringleader of a plot by Marines to kidnap and kill an Iraqi man in Hamandiya last year was given a dishonorable discharge Friday and sentenced to 15 years in prison, the harshest sentence of the eight men convicted in the case.

Prosecutors in the court-martial of Sgt. Lawrence G. Hutchins III had sought 30 years in prison and a dishonorable discharge.

Hutchins, a squad leader, was found guilty of conspiracy to commit murder and unpremeditated murder. He was acquitted of premeditated murder, which would have meant a mandatory life sentence.

Hutchins’ sentencing came just hours after a separate jury demoted Cpl. Marshall Magincalda to private and sentenced him to 448 days in prison.

Since Magincalda had been jailed that long while awaiting trial, he was freed.

Magincalda was the second Marine to be freed upon conviction. Cpl. Trent D. Thomas, found guilty two weeks ago of kidnapping and conspiracy to commit murder, was given a bad-conduct discharge but no additional jail time.

All three juries were composed of Iraq veterans, most of them from infantry battalions.

Hutchins’ lawyer, J. Richardson Brannon, said he planned to petition Lt. Gen. James N. Mattis, commanding general of Marine Forces Central Command, to meet with Hutchins’ parents to hear how much pain the prosecution of their son has caused. Mattis, as the convening authority, can overturn guilty sentences or reduce them.

Brannon said he hoped that, if Mattis upheld the 15-year sentence, Hutchins would have his first parole hearing in three years.

Capt. Nicholas Gannon, one of the prosecutors, said Hutchins had destroyed his squad by persuading his seven squad mates to commit an illegal act.

“Our corps is a victim of Sgt. Hutchins,” Gannon told jurors. “We entrusted him with those junior Marines.”

As the verdict was read, Hutchins, 23, of Plymouth, Mass., put his head down on the table, and his family members, including his wife, Reyna, began weeping.

The case involved a plot to kidnap and kill an Iraqi in April 2006 to send a message to insurgents to stop attacking Marines in the Hamandiya area west of Baghdad. A middle-aged man was dragged from his bed, marched 1,000 yards and shot 11 times. The Marines then told their superiors that he had been killed in a firefight.

Magincalda, 24, of Manteca, Calif., was convicted of conspiracy to commit murder and housebreaking, but not premeditated murder.

After being freed, he told reporters that he hoped to re-enlist and return to Iraq for a fourth tour of duty. “If my country calls for it, I’d be glad to do that.”

He said the investigation, trial and 14 months behind bars had “actually brought me closer to the Marine Corps.”

All eight members of Hutchins’ squad were charged with murder. Four Marines and a Navy corpsman pleaded guilty to reduced charges and received sentences of 10 months to eight years.

Magincalda said he was grateful to have combat veterans on his jury. “I think they had some true insight into what we’re talking about -- what’s going on over there,” he said.

The courts-martial revealed frustration by enlisted Marines about their mission in Iraq, particularly the so-called rules of engagement that limit when Marines can use deadly force.

In the Hutchins case, Pvt. Robert Pennington, 23, whose plea bargain calls for an eight-year prison sentence, testified, “We were sick of their rules and decided to write our own rules to protect ourselves.”

After being freed two weeks ago, Thomas, 25, told reporters that he felt the killing of the man in Hamandiya had deterred insurgent attacks on Marines.

tony.perry@latimes.com