arch 22, 2007, 11:33AM
Huffman soldier sentenced in Iraq atrocities
By CINDY HORSWELL
Copyright 2007 Houston Chronicle
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FORT CAMPBELL, Ky. — Pfc. Bryan Howard of Huffman, the youngest of five soldiers accused of participating in one of the worst atrocities of the Iraq war, reacted with solemn resignation when told Wednesday he would be dishonorably discharged and sentenced to 27 months confinement.
Howard, now 19, had his hopes initially lifted when the military court agreed to greatly reduce the charges against him in connection to the rape of a 14-year-old girl and the killing of her and her family on March 12, 2006.
After the court determined Howard's involvement was limited to overhearing his friends discuss committing the crime and then lying to protect them, the murder and rape charges were dismissed.
He was left with two lesser charges of obstruction of justice and accessory after the fact that carried a possible maximum penalty of 15 years. In his plea agreement, however, he had admitted his guilt to these charges and would testify against the others. He also was demoted to private.
He and his parents, Kathy and Lynn Howard, had held out hope that the military judge, Col. Stephen Henley, might permit Howard to remain in the service and fulfill his dream of becoming a U.S. Army Ranger.
His parents had signed a waiver to allow him to join at age 17 and he enlisted immediately after graduating from Huffman High School in northeast Harris County. He was sent to Iraq after boot camp, and the crime occurred a little more than four months later.
Request for clemency
After the sentence was announced Wednesday at the military courthouse, Howard looked sadly at his parents seated behind him. He then glanced at a photo of his girlfriend, who has steadfastly supported him through the ordeal, then tucked it into his pocket.
His attorney, Capt. Ryan Rosauer, said he would make a request for clemency from the commander general, who can reduce sentences.
"The real story is that Bryan Howard's level of involvement was not all that much ... not like the others in this case," said Rosauer.
Two of the other four, Sgt. Paul Cortez and Spc. James Barker, have pleaded guilty to the rape and murders and been sentenced to life in prison with the possibility of parole. Pfc. Jesse Spielman, accused of being present at the crime scene but not participating in the rape or murders, is scheduled for a military hearing on April 2.
Last soldier to be tried
The last one to be tried will be former Pvt. Steve Green, who had complained to military mental health officials that he was having thoughts of killing "all Iraqis" three months before the crime. He was discharged from the service because of a "personality disorder" before military authorities discovered the crime, and will be the only one tried in civilian court.
According to testimony in other trials, Green was the "ring leader" and the lone executioner of the teenage girl, her parents and 5-year-old sister.
In arguments over how Howard should be sentenced, his attorneys pointed to his youth and inexperience.
"He had just gotten out of high school. This was the first time he had not been in the safety of his home," said Howard's other defense attorney, Megan Shaw.
But while acknowledging the crimes Howard committed "were very different from the rest," the prosecutor, Maj. Alexander Pickands, said, "We cannot let the accused be seen as merely a victim, a loyal squad man." Referring to the family, he said, "There were four real victims that day."
Pickands noted that Howard spent his high school years in JROTC and had risen to a top leadership position there.
"He wasn't just a brand- new, fresh-faced kid. He had training from those ROTC instructors. He knew right from wrong. His mission was to protect the innocent."
Pickands asked the court to let this case set an example for other young soldiers who "come into a war that tests their very souls," so that they don't misconstrue when to be loyal.
Defendant's apology
In a statement to the court, Howard apologized for his actions that brought discredit to the U.S. Army, his family and the Iraqi people.
"If I could go back, I would not have let it happen in the first place. I definitely would have told somebody," Howard said.
Howard also told how he first became linked to the crime. He said he overheard the other soldiers discussing a plan to rape the Iraqi girl.
"I was in another room. About two feet away," Howard said. He said he was unsure if anyone was aware what he had heard.
The five soldiers had been guarding a checkpoint about 20 miles south of Baghdad, known as the "triangle of death" because of frequent attacks on soldiers there.
Howard remained at the checkpoint, but the other soldiers, donning black masks, crept through backyards to the Iraqi home where the crime took place.
Blood on their clothing
In his statement on Wednesday, Howard said the other four soldiers were gone about 15 minutes and then returned "all hyper and in a hectic state."
He admitted seeing some blood on their clothing.
Howard described watching them strip off their clothes and get gasoline to burn them. He knew someone was also told to throw the murder weapon into a canal.
His part in the conspiracy was cemented when he said he agreed to Sgt. Cortez's request to keep silent.
Three months later, on June 23, his battalion commander, Col. Thomas Kunk, asked Howard if U.S. soldiers, rather than insurgents, had been responsible for the family's deaths.
Howard said he lied, denying any knowledge about who did the crime. He only told the commander, "Green is probably crazy enough to do it."
Howard's request for clemency will be filed in about 30 days, his lawyers said.
cindy.horswell@chron.com
