Los Angeles Times
BAGHDAD — As a U.S. Army patrol rolled into Sadr City one night in August, soldiers received a tip that militants in dump trucks were planting roadside bombs.
American troops had been clashing regularly with Al Mahdi militiamen in the restive Baghdad slum. So when Staff Sgt. Cardenas Alban of Carson saw an object fall from a garbage truck in the distance, his company took positions around the vehicle and unleashed a barrage of fire from rifles and a 25-millimeter cannon atop a Bradley fighting vehicle. The truck exploded in flames.
As soldiers from the 1st Battalion, 41st Infantry Regiment, approached the burning vehicle, they did not find insurgents. The victims were mainly teenagers, hired to work the late shift picking up trash for about $5 a night, witnesses said.
Medics scrambled to treat the half-dozen people strewn around the scene. A dispute broke out among a handful of soldiers standing over one severely wounded young man who was moaning in pain. An uninjured Iraqi claiming to be a relative pleaded in broken English for soldiers to help the victim.
But to the horror of bystanders, Alban, 29, a boyish-faced sergeant who joined the Army in 1997, retrieved an M-231 assault rifle and fired at the wounded man.
Seconds later, another soldier, Staff Sgt. Johnny Horne Jr., 30, of Winston-Salem, N.C., grabbed an M-16 rifle and also shot the victim.
The killing might have been forgotten but for a U.S. soldier who days later slipped an anonymous note under the door of the unit's commander, Capt. Robert Humphries, alleging that "soldiers had committed serious crimes that needed to be looked at."
U.S. officials have since characterized the shooting as a "mercy killing," citing statements by Alban and Horne that they shot the wounded Iraqi "to put him out of his misery."
Military attorneys, however, are calling it premeditated murder and have charged the two sergeants, saying the victim's suffering was no excuse for the soldiers' actions.
"I have no doubt that's why they did it," said Capt. John Maloney, one of the military attorneys prosecuting the case.
"But it still constitutes murder."
http://www.latimes.com/news/nationworld/iraq/la-fg-mercykilling5nov05,0,5030596.story?coll=la-home-headlines