A Navy SEAL in Iraq with Special Warfare Chief Eddie Gallagher cast doubt on the accusation that Gallagher murdered a civilian in 2017, testifying that the decorated combat veteran thought he was firing at an ISIS fighter.
Special Operator 1st Class Joshua Graffam was a spotter for Gallagher, a sniper, on the day some of their fellow SEALs said Gallagher shot an elderly man. Graffam, who was given immunity to testify, recalled seeing two men he thought were ISIS members and alerting Gallagher, who agreed they were fighters.
Gallagher, 40, shot one of the men in the upper torso, causing him to flee. Graffam recalled the man was moving “tactically,” was dressed in black, and was likely between 40 and 50 years old, contradicting previous witness testimony. Special Warfare Operator 1st Class Dalton Tolbert testified last week that he had seen Gallagher shoot and kill an elderly man.
“Did Gallagher ever take any shots that he shouldn’t have?” asked one of Gallagher’s defense attorneys. Graffam replied: “No.”
Gallagher is accused of murdering an injured teenage ISIS fighter and shooting indiscriminately at civilians. He has pleaded not guilty to all charges.
Graffam’s testimony came on the first day of the defense’s case. The prosecution rested its case on Tuesday after a week of dramatic testimony and cross examination. Last week, Special Operator 1st Class Corey Scott admitted it was he, not Gallagher, that was responsible for the death of the teenage fighter. Scott said he saw Gallagher stab the teenager in the neck and then asphyxiate him to save him from being tortured by Iraqi soldiers.
The Navy informed Scott’s lawyer, Brian Ferguson, that his client could face perjury charges if he is found to have lied to investigators or in his testimony, though Scott was previously given immunity by prosecutors in exchange for his testimony.
Tim Parlatore, Gallagher’s lead defense attorney, said last week he intends “annihilate the government’s case” against his client. He has reiterated that Gallagher is the victim of disgruntled subordinates and an overzealous prosecution.
