The court marshal of a 3rd Infantry Division soldier accused of killing two soldiers during a 2010 shooting in Iraq has been delayed, according to Lt. Col. Benjamin L. Garrett, 3rd ID public affairs officer.
Garrett said Spc. Neftaly Platero entered a plea of not guilty to all charges on Jan. 10, and the court granted a defense request to delay the trial until June 4. A motions hearing is scheduled for Feb. 22, and another motions hearing is scheduled for April 11, Garrett said.
Defense motions that are still pending include a motion to dismiss the case due to unlawful command influence by Lt. Col. Jeffrey Shoemaker, then-commander of the 3rd Battalion, 15th Infantry Regiment, 4th Infantry Brigade Combat Team, 3rd ID, and a motion for relief under Article 13 (pre-trial punishment).
Two earlier motions have been decided on by the court. The court directed the government to provide an expert consultant for the defense, and the government has complied, Garrett said. A government motion to admit a statement made by Pfc. Jeffrey Shonk to Staff Sgt. Jhamaal Martin has been ruled as admissible by the court.
Martin was the first American soldier to respond to the Sept. 23, 2010, shooting at Camp Fallujah, Iraq, in which two of Platero’s roommates, Pfc. Gebrah Noonan and Spc. John Carrillo, were killed. Shonk was shot in the leg and forehead and is still hospitalized.
Platero is accused of killing Noonan and Carrillo and wounding Shonk, who has testified by phone that he doesn’t remember anything about the night of the shooting, including making the statement, “He shot us. Platero shot us.”