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The 'Pendleton 8': A look at the 7 Marines and Navy corpsman charged in Hamdania incident
 By: TERI FIGUEROA and MARK WALKER - Staff Writers
One is described as a patriot. Another
is said to be a bookworm and budding poet. One loves the Red Sox; another loves animals. Ongoing Coverage: Hamdania
One helped feed the homeless at a soup kitchen last
Thanksgiving, and another had plans to leave the service and become an architect.
Until this spring, their common bond
was service as members of Kilo Company from the 3rd Battalion, 5th Marine Regiment based at Camp Pendleton.
Now, each
has a much different kind of bond: They are imprisoned in the base brig for allegedly conspiring to kidnap, bind and kill
Hashim Ibrahim Awad, a 52-year-old veteran of the Iran-Iraq war.
Charging documents released by the Marine Corps on
June 21 allege that the men also stole an AK-47 assault rifle and staged the scene to make it appear that Awad was in the
midst of planting a roadside bomb when he was killed in Hamdania, Iraq.
Collectively, the seven Marines and Navy corpsman
charged in Awad's April 26 death represent a cross-section of young American men.
The accusations against them soon
will be heard in what are known as Article 32 hearings in a Camp Pendleton courtroom. Those hearings are the first step in
determining whether the charges will stand.
The hearings are expected to begin in late August or September, approximately
100 days since they were first incarcerated at Camp Pendleton. It remained unclear last week whether there will be eight individual
hearings or some combination.
If it is determined there is sufficient cause for the charges to move forward, a court-martial
will be convened and a military jury empaneled. The men have been in the brig since May 24.
Their family members and
civilian attorneys hired to assist in their defense assert the men are innocent. Those attorneys also have complained on several
occasions that they are not getting sufficient information from the military, such as investigative reports they say they
need to adequately prepare for the Article 32 hearings.
Last week, the lawyers also complained the Marine Corps will
not provide them with an independent defense investigator to travel to Iraq to interview witnesses. A Marine Corps spokesman
said that doing so now would be premature, but may be done later.
Here is a look at each of the Marines and the Navy
corpsman based on interviews with family members, attorneys, service records, newspaper accounts and Web sites established
to help raise defense funds for the group dubbed by some supporters as the "Pendleton 8."
At the end of each biographical
sketch is what each is specifically accused of in Awad's death:
Sgt. Lawrence Hutchins III
Years of hoping,
and finally. After 87 years of curses, in 2004 the Boston Red Sox won the World Series.
And Sgt. Lawrence "Larry" Hutchins
---- often heard to say that "this is the year" ---- was beside himself.
"He was so happy when they won," fiancee Reyna
Griffin said recently. "I just received a letter from him and he was saying that he could not wait to teach our daughter about
baseball and the Red Sox."
The 22-year-old grew up in Plymouth, Mass., about 40 miles south of Boston and his beloved
Fenway Park.
As a boy, Hutchins played ball for about 10 years. He was a pitcher and he "was very good," Griffin said.
The
couple, who met on the school bus their sophomore year of high school, have a daughter, Kylie. Hutchins was stationed in Georgia
when his little girl was born, and first got to see her when she was 3 weeks old.
"He's an all-around good guy, great
father and a dedicated Marine," Griffin said.
He spent some time as a lifeguard in Plymouth. Early in his senior year
---- he graduated from high school in 2002 ---- Hutchins decided to join the Marines, following in the footsteps of his father
and grandfather. He enlisted on Oct. 29 of that year and was on his first tour of Iraq when the killing took place.
Hutchins,
the senior enlisted man charged in the case, is accused of filing false radio and written reports and firing one of the shots
that killed Awad. He also is accused of directing his subordinates on several occasions between April 26 and May 10 to lie
to Marine commanders about what had occurred.
Cpl. Marshall Magincalda
A poet whose mother says he "devoured
books like they were candy," the soft-spoken Cpl. Marshall Magincalda ---- his nickname is "Magic" ---- was twice wounded
during prior trips to Iraq, earning two Purple Hearts.
One came after he was hit in the face with shrapnel from an
explosion; the second came after he was shot in the stomach at close range while clearing a house in Iraq. The round sliced
one of his magazines and knocked him to the ground ---- but his flak jacket stopped the bullet. He dug the metal out and kept
it, according to his mother, Leanne Magincalda.
The 23-year-old loves video games, and recently took up the guitar
and enjoyed jam sessions with fellow Marines. He joined the service on Nov. 12, 2002, and was on his second tour of duty in
Iraq.
While at Sierra High School, in Manteca, he ran track, lifted weights and skipped the junk food, his mom said.
He has a special connection to the outdoors as his family owns several seasonal members-only hunting and wildlife preserves
where he learned to shoot at about 7 years old.
The corporal holds his Christian faith very close, his mother said.
"It
is a major, integral part" of his makeup, Leanne Magincalda said, adding that the "path to his side was well-worn" by buddies
in Iraq seeking his counsel.
He is spending time in the brig memorizing the Bible, starting with the book of John,
she said.
The Marine Corps alleges Magincalda participated in the abduction of Awad, took him to a hole dug at a roadside
intersection, forced him to the ground and bound his hands and feet.
Cpl. Trent Thomas
Born in St. Louis,
as a teenager Trent Thomas moved across the Mississippi River to Illinois, where he graduated from high school.
"He
was a good kid," his mother, Linda, told the St. Louis Post-Dispatch. "He loved animals and just doing normal kid things.
He wasn't a troubled child or anything."
Thomas married in March 2004, and he and his wife, Erica, have a little girl
who will turn 2 in October.
He was on his second tour in Iraq, his wife said. He was in the Middle East when his daughter
was born, and didn't see daughter Kayla until she was 6 months old.
A Purple Heart recipient, Thomas was on his second
tour when he saw his best friend shot and killed in a firefight, his wife said.
Before the accusations came up, Thomas,
24, was planning to re-enlist for four more years rather than leave the Marine Corps in November.
He is accused of
helping to abduct Awad, taking him to where he was killed and helping bind his hands and feet. Thomas also is charged with
firing his M-16 rifle at Awad.
Hospitalman 3rd Class Melson Bacos
A native of the Milwaukee area, Melson
Bacos is married to another Navy corpsman and has a daughter, born in April 2005.
On a Web site established by his
wife to help raise money for his defense, she wrote that her husband was on his second deployment to Iraq when the incident
in Hamdania took place.
During his first tour in Iraq, 19 Marines from his battalion lost their lives, including nine
from his company, two of whom died in his arms, she writes.
The son of Filipino immigrants, Bacos joined the Navy right
after graduating from high school. He was a member of the varsity wrestling team each of his four years at Franklin High School
in Franklin, Wis.
On a Myspace.com Web site listing under his name, Bacos wrote: "I've seen it all in combat and now
I'm at it again. I live for my family and their future."
Bacos is accused of stealing an AK-47 assault rifle and a
shovel, helping abduct Awad and later firing rounds from the assault rifle in an alleged attempt to stage the scene to make
it appear that Awad was planting a roadside bomb.
Lance Cpl. Tyler Jackson
When Tyler Jackson was 15, he
spent two weeks at Camp Pendleton in the Devil Pups, a program started by a former Marine in the 1950s that brings teenagers
to Camp Pendleton in July and August for 10 days of training and instruction in citizenship and physical development.
Six
years later, after spending some time as the assistant manager at a movie theater in his hometown of Tracy, he decided the
time had come for him to enlist in the Marine Corps.
"Joining was not a rash decision," his father, Phil Jackson, has
said. "It was something he was deliberately considering."
Last year, while home on a short leave from Camp Pendleton,
Jackson impressed his mother by taking a few hours to go to a soup kitchen to feed the homeless on Thanksgiving.
Jackson,
22, went to Iraq for the first time in January, nine months after he enlisted. A week before he left, the infantryman was
promoted to his current rank of lance corporal.
His father said that while Jackson was on patrol in Iraq, a pickup
with a mounted machine gun pulled up behind him and began shooting. Jackson and another Marine escaped the ambush by running
and diving into a ditch, Phil Jackson said.
Tyler Jackson is accused of stealing an AK-47 assault rifle allegedly planted
near Awad's body, helping bind his hands and feet, and firing one of the shots that killed the Iraqi.
Lance Cpl. Robert
Pennington
Robert Pennington joined the Marine Corps as a skinny, 6-foot, 145-pound teenager before graduating
high school in 2002 in the Seattle area.
"He was patriotic and cared about what happened on 9/11," his mother, Deanna,
said. "He wanted to give something back to his country. He had other choices, and he could have gone to college."
She
said her son took college classes, such as calculus and physics, in high school and planned to attend college in California
to become an architect after completing his service in October.
Pennington, who turned 22 in the brig on July 3, still
laughs out loud when watching cartoons. He also loves the Dave Matthews Band and playing video games, his mom said.
The
infantryman was on his third tour in Iraq after joining the Marines on Oct. 15, 2002.
During a push to gain control
of Fallujah, the lance corporal saw his best friend and roommate from Camp Pendleton killed a day after his 21st birthday,
Deanna Pennington said.
He is accused of helping to take Awad to the site where he died, binding the man's hands and
feet and wiping squad members' fingerprints from the AK-47. He is also accused of placing the gun and a shovel in Awad's hands.
Lance
Cpl. Jerry Shumate
A native of the small western Washington town of Matlock, 20-year-old Lance Cpl. Jerry Shumate
was always someone who came to the defense of the weaker kids he knew at school, his mother, Diann Shumate, said.
While
in high school, he got into a confrontation with another boy over a girl, his mother told her hometown newspaper, The Daily
World of Aberdeen. Rather than fight the boy, she said he simply sat on him until help arrived.
"He didn't want to
hurt him," she told the newspaper.
Shumate joined the Marines shortly after graduating from high school.
On
her personal MySpace.com Web site, his older sister, Amanda, writes that her family considers the young Marine a "real life
hero" destined to do great things.
"At home, we have begun to fight the battle of our lives," she writes, adding that
a U.S. flag at the family home is being flown at half-staff until her brother is exonerated.
Shumate is accused of
firing one of the numerous shots that struck Awad.
Pfc. John Jodka III
John Jodka III is an Encinitas native.
He attended elementary and middle school at St. James Academy, a Catholic school in Solana Beach, and graduated from San Dieguito
Academy in 2004. He then headed off to attend UC Riverside.
But, after a quarter in college, the pull was just too
strong. He wanted to be a Marine.
So, in May 2005, he shipped off to boot camp. By January, he had landed on the sands
of Iraq. He was there when he turned 20 in April.
Before he left, he gave his dad, John Jodka Jr., a copy of his dog
tags ---- and his dad wears them around his neck.
The young Marine has a 17-year-old brother, a 15-year-old sister,
and two older stepbrothers, one of whom is a deputy sheriff in North County.
Jodka's father said his son is one of
those people who sees the bigger picture and the deeper meanings, one of those well-read, well-spoken, mature-for-his-age
kind of kids.
He's also "hilarious," dad said. And a big fan of Star Wars.
Jodka is accused of firing his M-249
automatic machine gun at Awad and helping cause the fatal wounds. He is also accused of lying to investigators.
Contact
staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com. Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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