CAMP PENDLETON, California (AP) -- A Marine pleaded guilty to aggravated assault and conspiracy to obstruct justice before testifying that his squad was ordered to execute a known insurgent who turned out to be a civilian.
Lance Cpl. Tyler A. Jackson, 23, entered the pleas through his attorney Thomas Watt at a military court hearing Monday.
He said the shooting occurred after the squad hatched a plan to kidnap an insurgent who was believed responsible for several explosions, including one that killed four Marines.
Three members of Jackson's unit went into the village of Hamdaniya on April 26 and returned with a prisoner who was then shot by the side of a road on the orders of squad leader Sgt. Lawrence G. Hutchins, Jackson said.
"Sgt. Hutchins ordered us to get on line," Jackson testified. "Everyone fired rounds, including myself, but I fired my rounds above him. I knew he was going to be shot, but I didn't want to be the one to do it."
Military judge Lt. Col. Joseph Lisiecki told Jackson that even if the man he had shot at was a known insurgent, it was still unlawful to kidnap and kill him.
Lisiecki asked Jackson if he thought military rules of engagement permitted him to carry out such a plan.
"No sir," Jackson replied.
Earlier in the hearing, Jackson pleaded not guilty to murder, kidnapping, larceny, housebreaking and another charge of conspiracy. Those charges were later dropped as part of his plea deal after he gave his account of the attack.
Jackson was the third serviceman to plead guilty to reduced charges in return for his testimony in the case, in which seven Camp Pendleton-based Marines and a Navy corpsman were charged with murdering 52-year-old Hashim Ibrahim Awad.
Jackson has been in military prison since May. He faces a maximum of 15 years in prison when he is sentenced on November 16. The term will likely be reduced by the plea agreement.
Last month, Pfc. John Jodka III pleaded guilty to assault and conspiracy to obstruct justice in the incident.
The first to make a deal was Petty Officer 3rd Class Melson J. Bacos, a Navy corpsman on patrol with the Marines. He pleaded guilty to kidnapping and conspiracy and was sentenced to a year in prison.
Bacos and Jodka previously testified that members of the squad abducted Awad -- a former policeman and father of 11 -- after their plot to kidnap and kill the insurgent failed.
A shovel and AK-47 were placed near the body to make it appear Awad was an insurgent planting a roadside bomb, both defendants said.
Both Jodka and Bacos singled out Hutchins as hatching the plan to kidnap the insurgent. Hutchins' attorney, Rich Brannon, has said he did not believe Hutchins did anything wrong.
Jackson's version of events was similar to the testimony of his colleagues. He said Hutchins orchestrated the plan, but everyone agreed to it.
He testified that Cpls. Trent Thomas and Marshall Magincalda, along with Bacos, went to a village and returned with a man. Hutchins then radioed base to say someone had fired at the squad from a hole by the side of the road.
Jackson said the squad then opened fire on the man, who walked a short distance. Two squad members fired the final shots, Jackson said.
"Sgt. Hutchins and Cpl. Thomas fired several rounds, at which time I could tell he was dead," Jackson testified.
Jackson said that to his knowledge the man was a known insurgent. He learned later that it was Awad, he said.
Jackson said Bacos fired an AK-47 in the air, and Magincalda put the expended bullet casings and gun by Awad's body.
Magincalda told him that if anyone asked about the incident, he should "stick to the story," Jackson testified.
"If we were ever asked about the incident or how it came about, we would tell the story of the man who was digging a hole on the side of the road," Jackson said.
Jackson joined the Marines in March 2005 and was on his first combat tour.
His father declined to comment. A Web site set up by Jackson's family to raise money for his defense said Jackson was innocent.
"To send these men to war to do a job and then imprison them for doing it is absurd," the Web site states. "Why are they being subjected to less rights and freedom of movement than the very terrorists they put their lives on the line to protect the world from?" the site states.