Murphy's aggressive commanders agreed. Notes from Army special agents who later investigated the snipers show the chain of command had looked into the April 7 shooting and "concluded Sgt. Murphy correctly determined hostile intent and engaged the individual with a single shot." The words "hostile intent" would show up again and again in thousands of pages of sworn testimony about the incidents that were reviewed by Salon.
In such a dangerous area, seeing an Iraqi eyeing U.S. troops with binoculars, or just digging a ditch, was enough to create a belief in "hostile intent." On April 14, a sniper team was monitoring a power substation when Hensley, the sniper section leader, told other snipers that he had spotted an Iraqi man who appeared to be laying command wire for a roadside bomb. But Hensley couldn't get in a clean shot and lost sight of the man.
A little before 5 p.m. Hensley received an order to keep an eye on a nearby house while incoming infantry troops performed a search there. According to the notes of Army investigators, this irritated Hensley, who asked for two volunteers. Hensley, Pvt. David Petta and Sgt. Richard Hand walked directly down a road toward the home.
Hand and Petta flanked Hensley as they approached the house. There were women and children outside and an unarmed Iraqi man, Mutham Nia Hussein Alwan, working on a water pump. At about 120 meters away, Hensley said, "That's the guy." Hand and Petta split off to the left. According to the investigating agents' notes, when the snipers were 50 meters away from the house, a little more than half a football field, Hensley raised his weapon, then lowered it. They continued to close in.
Then a single shot rang out from Hensley's M14 sniper rifle. At that moment, Sgt. Hand's weapon was trained on one of the women. "As soon as the shot happened, she became hysteric [sic]," Hand would later testify. "She started going crazy. I mean, obviously, somebody she loved or cared for had just died. She became my No. 1 priority, because I was afraid I was going to have to shoot her."
The body was later tested with EXPRAY, a field test kit used to detect explosives. It came up positive. But there is some evidence that Hensley might have been worried that the chain of command would still balk at the kill. Kipling testified that earlier that day he had found a length of detonation wire, balled it up, and given it to Hensley to bring back to base. A balled-up section of detonation wire was found on the body. Kipling said in court that he was "80 percent sure" the wire on the body was the same wire he had given Hensley. If Kipling is to be believed, the snipers had moved from merely talking about "drop weapons" to using them.
Two weeks later, on April 27, the loose rules for shooting unarmed, fleeing Iraqis -- "squirters" -- contributed to a death. Didier, the snipers' immediate superior officer, radioed to Hensley that a squirter was headed his way.
An Iraqi army unit was investigating a weapons cache site when they were attacked by two insurgents dressed in dark track suits who quickly broke contact and fled east. Didier had set up Hensley and other snipers a half-mile in that direction. He radioed Hensley and described the two men en route.
A half-hour later, Hensley replied that he had "got eyes on" a man who fit that description moving east, according to hearing transcripts. "[Hensley] said [the man] was no longer armed. But he asked if he could still engage the individual," Didier recalled. "I said yes, based on the current ROE, he could."
The sniper team was hidden in a 3-foot-deep dry creek bed. Hensley and another sniper, Spc. Jorge Sandoval, watched through some trees as a man in dark clothing walked into an olive grove, squatted and began cutting the knee-high grass with a sickle. Hensley told Sandoval to grab his weapon and the two men moved 150 to 200 meters south along the creek bed to the edge of the tree line that had been blocking their shot.
Even from the new position, 200 meters away, only the man's head appeared intermittently in Sandoval's rifle scope through the tall grass. Hensley asked Sandoval if he had the shot. Sandoval stood to get a better angle. Hensley asked twice more. The third time, Sandoval fired. He quickly chambered another round, but Hensley told him he wouldn't need it.
Sandoval drew his sidearm as the two snipers approached the body. The man had been shot in the head. Other snipers from the team approached as well and recognized the Iraqi as a man they had detained and released just days earlier. "You could tell by some of his face that was left," Michaud, one of the other snipers there that day, said in a hearing.
As shocking as it might seem to shoot an unarmed Iraqi cutting grass, many times the snipers had seen insurgents feign farming or other harmless activity after attacking U.S. troops. Michaud said in one hearing that "they'll run and pick up some farm equipment, or they might run to their house and start working on their vehicle, or they basically try to do anything they can to throw you off to make you think that, 'Hey I was not part of that.'"
Even though the snipers had seen squirters' tricks before -- and this shot had been approved by Didier -- Hensley and Sandoval apparently worried officers would not see the April 27 shooting as a clean kill. Sandoval testified that when he and Hensley first stood over the mutilated corpse, Hensley handed him command wire and told him to put it next to the body.
The snipers, however, did not use the Pentagon's secret equipment as drop weapons. The use of drop weapons by Hensley was freelance. The presence of the unexplained equipment, however, may have encouraged the belief among soldiers that drop weapons were acceptable. If drop weapons were standard operating procedure, where was the line between right and wrong?
The events leading to the killing of Genei Nesir Khudair al-Janabi began three days earlier, on May 8. The snipers awoke at 4 a.m. to begin preparations for a mission that night. The team finally left Patrol Base Jurf at 11:30 p.m., bearing packs that weighed more than 100 pounds. They moved slowly through the night to avoid detection. It took them 90 minutes to travel three miles. The snipers finally reached their "hide" at 4 a.m.
They spent the next day hidden in reeds by a canal, while the temperature climbed past 115. That afternoon, Murphy drank 12 quarts of water in six hours and still needed two IVs. He checked his pulse and counted 120 beats per minute. "Once you feel like you are cooking inside, your heart begins to race," he later testified.
The snipers stayed in position until 8 p.m. that night. For part of the march back to the patrol base, the snipers joined an infantry company headed in the same direction. One soldier from the company who was not even carrying a rucksack passed out from heat exhaustion. Medics gave him three IVs when the men reached the base at 11:30.
Next page: "Staff Sgt. Hensley grabbed him by the mouth and told him to shut up or he was going to kill him"
Related Stories
Return of the body counts
With Americans souring on the war in Iraq, the U.S. military has started talking up the number of insurgents killed. Are we headed down the same corrupting road we did in Vietnam?
McCain's Vietnam obsession
The former POW's Senate career has been marked by his outspoken determination never to repeat Vietnam mistakes. So why does he support the Iraq war?
Killing "Bubba" from the skies
Inside a secret high-tech control center the U.S. Air Force targets enemies in Iraq and Afghanistan. But can they bomb them legally, and without killing innocents? A Salon exclusive.
