`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. [..]
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.’