using plastic restraints and forced him to walk a distance back to the ambush site. Once they arrived at the ambush site, the Marines bound (the autopsy was inconclusive and could not verify this) the man's feet and placed him into a hole from an old IED blast. The Marines then ran back to the area where the other members of their squad were standing and fired upon the man in the IED hole. While some Marines were shooting him with their rifles, other members of the squad were shooting the stolen AK-47 rifle into the air to make it sound like a firefight was occurring. After the Iraqi man was dead, the Marines scattered the expended AK-47 brass next to the body, removed the plastic restraints, and placed the AK-47 rifle next to the body. The next morning the local police brought a body to the neighbors for identification, saying he had been killed by the Americans. Family members recognized the man and the body was sent by the Iraqi police to the local hospital. The victim's face was swollen beyond recognition and he had been shot in the mouth. By other accounts he was shot four times in the face. The official autopsy results have not — as of the time of the Article 32 hearings for Jodka, Shumate, and Magincalda — been made public. Charges and investigation Murder and kidnapping charges The Marines involved, members of Kilo Company, 3rd Battalion, 5th Marines ("3/5"), 1st Marine Division, were placed in confinement at Camp Pendleton pending possible charges. Press reports noted it was unusual for Marines to be placed in the brig before charges were filed, suggesting concern by authorities the men were considered a flight risk. Under military law the defendants could face the death penalty. These Marines were brought back from Iraq with no restraint and had stops along the way back to Camp Pendleton. They were free to roam at Camp Pendleton upon arrival and until the next day and none of them made any attempt to flee. They were only, then, put in shackles and chains and taken to the brig. On June 21, 2006, the Reuters news services reported that the United States Marine Corps announced charges of murder against seven Marines and one Navy Hospital Corpsman: Corporal Marshall L. Magincalda, Corporal Trent D. Thomas, Lance Corporal Robert B. Pennington, Navy Hospital Corpsman 3rd