U.S. Gave Money After Jump

The father of an Iraqi detainee who prosecutors say was forced to jump into the Tigris River by four American soldiers initially refused to accept money as compensation for the loss of his son, fearing it was an effort to buy his silence, military officials said Thursday.

“He was very adamant that he didn’t want our money,” said Capt. Vivian Gembara in testimony before a military court to determine whether the soldiers should face court-martial in the Jan. 3 incident. “He said he had enough money. He wanted justice.”

Gembara, an Army attorney who worked in Samarra where the incident occurred, said the $2,500 offer was simply a gesture from the U.S. for the death of Zaydun Fadhil. Fadhil’s father relented only when his attorney wrote “For flowers” beside the payment, and Gembara convinced him that the case would be investigated.

The testimony came on the second day of an Article 32 hearing to determine whether the soldiers merited further criminal investigation.

The soldiers, members of the 3rd Combat Brigade based at Fort Carson, face various charges, some carrying maximum sentences of 10 years.

Sgt. 1st Class Tracy E. Perkins is charged with manslaughter, assault, conspiracy and obstruction of justice. Sgt. Reggie Martinez is charged with manslaughter. Spc. Terry Bowman is charged with assault, and 1st Lt. Jack Saville faces manslaughter, assault, conspiracy, making false statements and obstruction of justice charges. Saville has not appeared at the hearing because his lawyer was not prepared.

Prosecutors said the troops were on patrol when they detained two Iraqis for curfew violations.

The Iraqis were taken to an embankment above the Tigris and, according to prosecutors and eyewitnesses, forced at gunpoint to jump. Marwan Abdul-Hakin Fadel swam to safety while Fadhil apparently drowned and his body was reportedly later found downriver.

Defense attorneys for the soldiers criticized the government for not producing a body. No American has seen the man’s corpse, no autopsy was performed and when the family agreed to an exhumation, U.S. authorities declined, citing security concerns.

The defense also noted that prosecutors couldn’t locate Fadel, who was given $10,000 by the U.S. government for damage to his truck.

Prosecutors showed a grainy video taken by the parents of the man who allegedly died. The video showed a decomposed body wrapped in a shroud.

Later, witness Pvt. Rogelio Rubio said he had heard another commander threaten to force Iraqis into the river before the Jan. 3 incident.

Defense attorneys objected, saying Rubio was repeating rumors, and his testimony was cut short.