A Navy SEAL who was acquitted of killing a wounded Islamic State captive but convicted of posing with the corpse was sentenced by a military jury Wednesday to a reduction in rank and four months of confinement.
A judge, however, credited Special Operations Chief Edward Gallagher with enough time already spent in custody to ensure he won’t be locked up.
Gallagher turned to his wife, shook his head and pretended to unpin his “anchors” – the insignia of a chief – and fling them across the courtroom. He then smiled and hugged her.
The sentencing came after Gallagher addressed the jury that had acquitted him Tuesday of murder, attempted murder and other counts stemming from an incident during a 2017 deployment to Iraq.
“I put a black eye on the two communities that I love – the U.S. Marine Corps and the U.S. Navy – specifically the SEAL community,” he said.
He said he tried to lead by example but didn’t always succeed.
“I’ve made mistakes throughout my 20-year career – tactical, ethical, moral – I’m not perfect but I’ve always bounced back from my mistakes. I’m ready to bounce back from this,” he said.
The jury reduced Gallagher’s rank by one grade to petty officer 1st class and ordered his monthly pay cut by $2,697 for four months.
The judge then modified the sentence, capping the pay cut at two months and giving Gallagher 60 days’ credit for being held in overly harsh conditions before being tried and being deprived of treatment for a traumatic brain injury.
Gallagher also got credit for 201 days of pretrial confinement.
A Navy prosecutor had asked only for a reduction in rank, not confinement. The defense recommended no punishment.
Gallagher told the jury he was fully responsible for his actions on the day he took photos with the body of the 17-year-old militant.
One image shows him clutching the hair of the corpse with one hand and holding a knife in another.
The photos were taken after Gallagher and other SEALs provided medical treatment for the captive who was wounded in an air strike in 2017 and handed over by Iraqi forces.
The prosecutor, Lt. Brian John, said Gallagher was the platoon chief and should not have been the centerpiece of the photos in which nearly all the members posed with the body. John said Gallagher should have stopped the photos from being taken.
“For that reason, he no longer deserves to wear anchors,” the prosecutor said.
John said the photos had the potential to be used as propaganda by Islamic State and be harmful to U.S. forces overseas.
The verdict clearing Gallagher of the most serious charges was met with an outpouring of emotion.
President Donald Trump, who intervened earlier this year to have Gallagher moved from the brig to less restrictive confinement, tweeted congratulations to the SEAL and his family.
“You have been through much together. Glad I could help!” the president wrote.