http://www.cnn.com/2003/US/12/12/sprj.nirq.west.ruling/index.htmlThe case stems from an incident August 20 at a military base in Taji, just north of Baghdad, when West was interrogating an Iraqi policeman, who was believed to have information about a plot to assassinate West with an ambush on a U.S. convoy.
In testimony at an Article 32 hearing -- the military's version of a grand jury or preliminary hearing -- West said the policeman, Yahya Jhrodi Hamoody, was not cooperating with interrogators, so he watched four of his soldiers from the 220th Field Artillery Battalion beat the detainee on the head and body.
West said he also threatened to kill Hamoody. Military prosecutors say West followed up on that threat by taking the suspect outside, put him on the ground near a weapons clearing barrel and fired his 9 mm pistol into the barrel.
Apparently not knowing where West's gun was aimed, Hamoody cracked and gave information about the planned ambush on West's convoy, thwarting the attack.
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But while West's supporters call him a hero, military prosecutors said his actions amounted to torture and violated articles 128 and 134 of the Uniform Code of Military Justice.
Prosecutor Capt. Magdalena Pezytulska said West should be tried for assault and for communicating a threat. "This is a case about a man who lost his temper," she argued. "There are consequences for
actions."
When West testified that he had "no malice toward Hamoody" and that he "just wanted information," Pezytulska presented a document of West's typed statement following the August incident. She asked him to read his own written words to the court: "In my anger, I couldn't remember how many shots were fired."
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