Five California Army National Guard soldiers, all members of a Fullerton-based company, will face courts-martial on charges that they participated in or were complicit in the abuse of Iraqi detainees, according to military officials.
Lt. Col. Cliff Kent, a spokesman for the 3rd Infantry Division in Iraq, said the military has been conducting an investigation into allegations against 12 soldiers implicated in the alleged abuse.
Investigations have been completed in seven of the cases, Kent said, leading to the five courts-martial. In the remaining five cases, investigations are continuing. A determination about whether those soldiers also will face courts-martial is expected in the coming weeks.
Of the courts-martial ordered so far, two are considered minor, Kent said, and will be heard by "summary court-martial," similar to a magistrate's handling of low-level offenses. One will be sent to a "special court-martial," which is considered a mid-level court, Kent said, and two to "general court-martial," the highest trial level in military law.
Kent did not identify the soldiers who will face courtsmartial. All are members of Alpha Company of the 1st Battalion of the National Guard's 184th Infantry Regiment. The company, with roughly 130 soldiers, is based in Fullerton. The battalion headquarters is in Modesto.
Members of the battalion who spoke on condition of anonymity said three of the five facing courts-martial are sergeants. Their hearings will take place in Iraq, Kent said. No schedule has been set.
The courts-martial mark the latest development in a multi-pronged investigation into allegations of misconduct among soldiers who are members of the battalion.
The investigation already has led to the battalion's charismatic and controversial commander, Lt. Col. Patrick Frey, being suspended from duty. And the entire Alpha Company was removed from combat and patrol duties, and confined to a military base this summer.
Two platoons have since been allowed to return to more expansive duties, Kent said, though some soldiers remain restricted to the base, known as Forward Operating Base Falcon.
A first sergeant also was relieved of duty after he was accused of pretending to execute an Iraqi detainee by firing his pistol next to the detainee's temple.
