Photo: Paul Szoldra/Task & Purpose

NAVAL BASE SAN DIEGO — A Navy SEAL sniper testified on Friday that he fired warning shots to scare away a civilian noncombatant in Mosul before Chief Eddie Gallagher fired and told them over the radio, "you guys missed him but I got him."

Under direct examination by prosecutors, Special Warfare Operator 1st Class Dalton Tolbert recounted the alleged shooting of an old man along the Tigris river during the Battle of Mosul in 2017. At the time, Tolbert was a member of SEAL Team 7 Alpha Platoon who was stationed in the south tower of a bombed out building, while Gallagher and others were stationed in the north tower.

Tolbert testified that he was scanning windows along the riverbank searching for targets when he noticed a man moving closer to the river. As another SEAL explained in previous testimony, firing warning shots to keep civilians off the battlefield was a standard practice, according to their rules of engagement.

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(Photo: CNN/screenshot)

NAVAL BASE SAN DIEGO — Testimony in the military trial of Navy SEAL Chief Eddie Gallagher earlier this week revealed that an active-duty member of SEAL Team 6 had disparaged the judge overseeing the trial and said many of his colleagues in the elite unit did not care about killing civilians.

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(Courtesy photo)

NAVAL BASE SAN DIEGO — The main thing to remember about Navy SEAL Chief Craig Miller's testimony on Wednesday is that he didn't seem to remember a lot.

Miller, considered a key witness in the trial of Chief Eddie Gallagher, testified that he saw his former platoon chief stab the wounded ISIS fighter but was unable to recall a number of details surrounding that event. Gallagher is accused of murdering the wounded fighter and separately firing on innocent civilians during a deployment to Mosul, Iraq in 2017. He has pleaded not guilty.

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NAVAL BASE SAN DIEGO — An enlisted Navy SEAL sniper testified on Wednesday that Chief Eddie Gallagher told his platoon prior to their deployment that if they ever captured a wounded fighter, their medics knew "what to do to nurse them to death."

In early morning testimony, former Special Warfare Operator 1st Class Dylan Dille told a packed courtroom that he had heard the phrase during unit training before the men of SEAL Team 7 Alpha Platoon deployed to Mosul, Iraq in 2017.

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Paul Szoldra/Task & Purpose

NAVAL BASE SAN DIEGO — The trial of Navy SEAL Chief Eddie Gallagher officially kicked off on Tuesday with the completion of jury selection, opening statements, and witness testimony indicating that drinking alcohol on the front lines of Mosul, Iraq in 2017 seemed to be a common occurrence for members of SEAL Team 7 Alpha Platoon.

Government prosecutors characterized Gallagher as a knife-wielding murderer who not only killed a wounded ISIS fighter but shot indiscriminately at innocent civilians, while the defense argued that those allegations were falsehoods spread by Gallagher's angry subordinates, with attorney Tim Parlatore telling the jury that "this trial is not about murder. It's about mutiny."

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Photo: Lance Cpl. Taylor Cooper

The Marine lieutenant colonel removed from command of the 1st Reconnaissance Battalion in May was ousted over alleged "misconduct" but has not been charged with a crime, Task & Purpose has learned.

Lt. Col. Francisco Zavala, 42, who was removed from his post by the commanding general of 1st Marine Division on May 7, has since been reassigned to the command element of 1st Marine Expeditionary Force, and a decision on whether he will be charged is "still pending," MEF spokeswoman 1st Lt. Virginia Burger told Task & Purpose last week.

"We are not aware of any ongoing or additional investigations of Lt. Col. Zavala at this time," MEF spokesman 2nd Lt. Brian Tuthill told Task & Purpose on Monday. "The command investigation was closed May 14 and the alleged misconduct concerns Articles 128 and 133 of the UCMJ," Tuthill added, mentioning offenses under military law that deal with assault and conduct unbecoming an officer and gentleman.

"There is a period of due process afforded the accused and he is presumed innocent until proven guilty," he said.

When asked for an explanation for the delay, MEF officials directed Task & Purpose to contact 1st Marine Division officials, who did not respond before deadline.

The investigation of Zavala, completed on May 3 and released to Task & Purpose in response to a Freedom of Information Act request, showed that he had allegedly acted inappropriately. The report also confirmed some details of his wife's account of alleged domestic violence that Task & Purpose first reported last month.

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