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Three soldiers to be tried for murder of Iraqi general

Three 3rd Armored Cavalry Regiment soldiers have been ordered to stand trial at Fort Carson for murder in the alleged suffocation death of an Iraqi general.

Major General Robert Mixon, commander of Fort Carson, ordered a court-martial for Chief Warrant Officer Lewis Welshofer, Chief Warrant Officer Jeff Williams, and Specialist Jerry Loper, Army spokeswoman Kim Tisor said Thursday.

They are accused in the death of Major General Abed Mowhoush, who died during an interrogation on Nov. 26, 2003.

The three soldiers also are charged with assault and dereliction of duty during combat operations for their actions at a prison in western Iraq called Blacksmith House. If convicted of all three charges, they face life imprisonment without parole, forfeiture of all pay and dishonorable discharges.

No date was set for their court-martial.

Through their attorneys, all have denied wrongdoing, saying commanders had sanctioned their actions.

A message left late Thursday for Welshofer's lawyer, Frank Spinner, was not immediately returned. William Cassara, lawyer for Williams, also did not return a call. No number was immediately available for the lawyer representing Loper.

Hearing officer Captain Robert Ayers had recommended dismissal of all charges against a fourth soldier, Sergeant First Class William Sommer.

Ayers presided over a preliminary hearing for Williams, Loper and Sommer in April. Welshofer waived his right to a preliminary hearing. Welshofer and Williams were interrogators, Loper a prison guard, and Sommer an interpreter.

Ayers recommended Sommer receive a reprimand for failing to protect Mowhoush and be given immunity so he can testify against the other soldiers, according to a report obtained last month by the Denver Post.

Ayers also recommended that Williams face reduced charges of involuntary manslaughter and assault instead of murder charges.

"It is possible his actions were inherently dangerous, but more than likely government counsel will only be able to prove at court-martial that [Williams] acted with culpable negligence," Ayers wrote in his report dated May 5.

Prosecutors say Mowhoush had been put headfirst into a sleeping bag, wrapped in electrical cord and knocked down. The soldiers then sat and stood on him, prosecutors said.

Previously secret court testimony indicates the Iraqi general's body was badly bruised and he may have been severely beaten two days before he suffocated to death.
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