“ He felt that due to the grenade being thrown simultaneously to the directed rifle fire that the grenade was thrown by someone other than the man who was firing the rifle. Due to the positioning of the rifle, the fact his shots at the men located in the back of the alley hit that man in the chest, the location of the AK rifles, and the speed of his advance on the alley, believes that the man in the back of the alley (not KHADR) was the man who fired the rifle as he entered the compound. ”

“ The compound was approximately 100 to 120 feet square with mud walls that were ten to twelve feet tall. There was only one entry point to the compound which was a green, steel gate at the southeast corner. After a few minutes of silence following the airstrikes, a decision was made to enter the compound. The assault element approaching the compound consisted of SPEER, three other personnel who arrived with a platoon leader from the 82nd Airborne identified him as now assigned to a Ranger battalion) , and a rifle squad from the 82nd Airborne (see Attachment 3) . ”

“ He determined that he fired 15 rounds, the three rounds specifically identified while at the end of the alley, and by counting rounds he determined that he had fired 12 rounds as he ran past the alley. All of the rounds were fired from his issued M-4 rifle and he used no other weapons. recalled that other US forces threw one hand grenade, from which no one was wounded, into the living quarters of the compound as they cleared it. The only other weapons fire he witnessed during the assault was the enemy fire from the alley and the one hand grenade thrown at US forces from the alley. ”