An Army investigator concluded there isn't enough evidence to court-martial a soldier from Winder, Ga., on a charge of murdering an Iraqi man in June while the soldier's platoon was searching for insurgents outside of Kirkuk.
Spc. Christopher Shore feared for his safety when he followed his platoon leader's orders to shoot -- but intentionally missed -- the Iraqi man whom the platoon leader already shot several times, Lt. Col. Raul Gonzalez wrote in a report Tuesday.
"I find that reasonable grounds do not exist to believe that (Spc. Shore) committed premeditated murder," wrote Lt. Col. Gonzalez, who presided over an Oct. 18 preliminary hearing in Hawaii, where Spc. Shore's 25th Infantry Division's 3rd Brigade Combat Team is based.
Spc. Shore's platoon leader, Sgt. 1st Class Trey Corrales, also is charged with murder in the death of the Iraqi man, but waived his right to a preliminary hearing.
Lt. Col. Gonzalez wrote that Sgt. 1st Class Corrales handed an unarmed Iraqi man an AK-47 assault rifle and ordered him to run, then fired five to seven shots at the man, Lt. Col. Gonzalez reported.
The platoon leader then ordered Spc. Shore to "finish him," but Spc. Shore intentionally missed the man when firing his rifle two times, the hearing officer's report states.
The victim, who has not been identified, died days later.