By Associated Press - Monday, May 13, 2013

JOINT BASE LEWIS-MCCHORD, Wash. (AP) — A military judge found Army Sgt. John Russell guilty of premeditated murder Monday in the 2009 killings of five fellow service members at a combat stress clinic in Iraq.

Russell now faces a sentencing phase of his court-martial to determine whether he will face life in prison with or without the possibility of release.

Russell, a 14-year veteran from Sherman, Texas, previously pleaded guilty to unpremeditated murder in exchange for prosecutors taking the death penalty off the table. Under the agreement, prosecutors were allowed to try to prove to an Army judge at Joint Base Lewis-McChord that the killings were premeditated.

The judge, Army Col. David Conn, announced his decision Monday, following a streamlined court-martial that concluded Saturday, Army spokesman Lt. Col. Gary Dangerfield said.

The shooting was one of the worst instances of soldier-on-soldier violence in the Iraq war and raised questions about the mental health problems for soldiers caused by repeated tours of duty.

Killed in the 2009 shooting in Baghdad were Navy Cmdr. Charles Springle, of Wilmington, N.C., and four Army service members: Pfc. Michael Edward Yates Jr. of Federalsburg, Md.; Dr. Matthew Houseal of Amarillo, Texas; Sgt. Christian E. Bueno-Galdos of Paterson, N.J.; and Spc. Jacob D. Barton of Lenox, Mo.

Russell’s lawyers argued that he was deluded by depression and despair at the time. An Army mental health board found that Russell suffered from severe depression with psychotic features and post-combat stress.

Russell long sought help with sleep troubles and was stammering and crying for help in the days before the shooting. His commanders were so alarmed that they disarmed him and sent him for repeated visits to mental health clinics, attorney James Culp said.

But prosecutors argued that Russell was trying to paint himself as mentally ill in an attempt to win early retirement — just as he was facing a sexual harassment complaint that could derail his career and his benefits.

The day before the killings, Dr. Michael Jones, a psychiatrist, told him that a mental disability retirement would require “some kind of suicidal psychotic crisis,” Maj. Daniel Mazzone said during closing arguments, according to the Los Angeles Times.

But when Russell saw Dr. Jones again the next day, the psychiatrist said he had no intention of giving him “a golden ticket” out of the Army.

When Russell returned about an hour later, prosecutors say, he was looking for Dr. Jones but wound up killing two patients, a bystander and two other mental health workers, including Springle, who also briefly had treated Russell in the days before the shootings. Dr. Jones escaped injury by jumping out a window.

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