Interrogator escapes jail for killing Iraqi general

A US Army interrogator facing up to life behind bars for killing an Iraqi general by stuffing him head-first into a sleeping bag and sitting on his chest will instead escape with a reprimand, a military jury ruled early today.

Chief Warrant Officer Lewis Welshofer, who had faced up to life in prison for the death of Iraqi Maj Gen Abed Hamed Mowhoush during an interrogation session, was also ordered to forfeit £3,340 (€4,848) salary and was restricted to his place of work, worship and barracks for 60 days.

The sentence now goes to the commanding general, Maj Gen Robert Mixon, who can order a lighter sentence or set the whole verdict aside, defence lawyer Frank Spinner said.

Welshofer, 43, had originally been charged with murder, but instead he was convicted on Saturday of negligent homicide and negligent dereliction of duty that carried a penalty of up to three years and three months in prison, a dishonourable discharge, loss of his pension and other penalties.

After hearing the light sentence, Welshofer hugged his wife while soldiers in the gallery at Fort Carson, Colorado, watching the trial, many who had worked with Welshofer and who testified as character witnesses, clapped.

Spinner said Mixon could order a harsher sentence and said he might ask the general to set aside the verdict.

“I have the utmost respect for the decision the panel members came to,” Welshofer said. “I’m sure it was difficult for them.”

Spinner said he was happy with the decision but said his client should never have been charged. He said it seemed the military jury accepted his argument that Welshofer did what he thought was right without clear guidance from his commanders and during a chaotic time.

Earlier, Welshofer fought back tears as he apologised and asked the military jury not to separate him from his wife and children by sending him to prison.

“I deeply apologise if my actions tarnished the soldiers serving in Iraq,” Welshofer said when he testified during his sentencing hearing. “It was never my intent to cast aspersions on their tremendous accomplishments.”

The defence had argued that a heart condition caused Mowhoush’s death, and that Welshofer’s commanders had approved the interrogation technique.

Prosecutors had described Welshofer as a rogue interrogator who became frustrated with Mowhoush’s refusal to answer questions and escalated his techniques from simple interviews to beatings to simulating drowning, and finally, to death.

Earlier, Lt Col Paul Calvert, testifying on Welshofer’s behalf, said attacks by Iraqi militants around the western Iraqi city of al Qaim, the area where Mowhoush was taken into custody, “went to practically none” when Mowhoush died.