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CID Report (Death): 0498-2004-CID056-76349; Zaidan Kalaf Hassan, Balad, Iraq, January 4, 2004

June 6, 2006 | CID | ACLU-RDI 5479
This is a CID investigation into the death of Zaidan Kalaf Hassan, an Iraqi civilian who was shot during a search of his residence. It is reported that after the members of "A" Company, 1-8 Infantry breached the outer gates of Mr. Hassan's residence, where they encountered him in the doorway of the house. Mr. Hassan reportedly resisted the soldiers entry in to the house. The Sergeants on the scene describe the conditions of the residence as difficult to see and navigate due to no lighting & the occupancy of several people in the residence. Mr. Hassan was subsequently taken to a back room of the residence to "calm" the chaotic scene in the residence. It is at that point that the Staff Sergeant (SSG) present believed that Mr. Hassan had "something" in his hand. The SSG called for help, and the Sergeant First Class (SFC) on the scene "turned and fired" upon Mr. Hassan, killing him. The SFC stated he shot Mr. Hassan because he believed that Mr. Hassan had a handgun. This file contains: 1) Report of Investigation, (June 6, 2006); 2) Report of Investigation: 1st Supplemental Report, (Oct. 14, 2005); 4) Army Memorandum: Final Report, (May 25, 2005); 5) Army Memorandum of Opinion: Claim of the Hassan Family (Jan. 22, 2004); 4) Army Memorandum of Opinion: Claim of the Hassan Family, (Jan. 18, 2004); and Stipulation of Fact: Court-martial, (March 11, 2005. It is alleged that prior to the raid operation, the Captain in charge of the raid stated that there were certain insurgents that "Should not come back alive" because they were responsible for the recent killing of another Army Captain. The Report could not substantiate the claim of pre-raid orders, and could not determine if the SFC was acting unlawfully when he shot Mr. Hassan.