Investigation into death of an Iraqi male who was killed in Iraq by an American soldier. The investigation determined that the Sergeant who killed the Iraqi not commit the offense of murder and the offense of murder was not committed as initially alleged. Subsequent to the cease fire, one of the Iraqi soldiers exited the building from which hostilities were coming from and presented a white flag at the end of his rifle with the muzzle pointed in the air, as if he were surrendering. The Iraqi appeared to be in surrender status. Subsequent to the surrender process the Iraqi lowered his weapon and fired upon the soldiers. Several soldiers returned fire, killing the Iraqi. This incident was within the US Central Command's rules of engagement policy.