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1 charge may be dropped in Afghan killings

A U.S. Soldier assigned to 2nd Stryker Cavalry Regiment, walks up a hill during a dismounted patrol near Combat Outpost Mizan, Mizan District, Zabul Province, in Afghanistan on August 19, 2010. UPI/Nathanael Callon/U.S. Air Force
A U.S. Soldier assigned to 2nd Stryker Cavalry Regiment, walks up a hill during a dismounted patrol near Combat Outpost Mizan, Mizan District, Zabul Province, in Afghanistan on August 19, 2010. UPI/Nathanael Callon/U.S. Air Force | License Photo

JOINT BASE LEWIS-MCCHORD, Wash., Dec. 27 (UPI) -- One of three Afghanistan murder charges against a U.S. Army sergeant may be dropped, sources close to the case told The Seattle Times.

After months of hearings at Joint Base Lewis-McChord, Wash., Col. Thomas Malloy, a judge advocate, is recommending that one of the murder charges against Sgt. Calvin Gibbs be dropped because it could be difficult to prove beyond a reasonable doubt, the Times reported.

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Gibbs was the leader of a unit accused of murdering civilians, conspiracy and other crimes while serving in a Stryker Brigade in Afghanistan.

The report said Malloy concluded there was evidence to charge Gibbs with conspiracy in killings of civilians in January, February and May and with murder in the second and third cases. But Gibbs is not alleged to have fired any of the weapons in the January killing.

Malloy's findings are under review by Lt. Gen. Curtis Scaparrotti, the base's Army commander, who will decide whether to press all the charges.

Gibbs, one of five Lewis-McChord soldiers accused of murder, has never admitted any wrongdoing.

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