COMPREHENSIVE RESEARCH FILE
Case: United States v. Private First Class Andrew H. Holmes
Date: September 22-23, 2011
Location: Joint Base Lewis-McChord, Washington State
Charge: Murder, Possession of Human Remains, Drug Use
Verdict: GUILTY (Plea Agreement)
SECTION 1: DEFENDANT PROFILE
1.1 Personal Information
| Field | Detail |
|---|---|
| <strong>Full Name</strong> | Andrew H. Holmes |
| <strong>Nickname</strong> | Andy |
| <strong>Birth</strong> | 1990, Pocatello, Idaho |
| <strong>Age at Crime</strong> | 19 years old |
| <strong>Age at Sentencing</strong> | 21 years old |
| <strong>Hometown</strong> | Boise, Idaho |
1.2 Family Background
Mother: Dana Holmes
- Struggled with alcoholism (sober for nearly two decades at time of trial)
- Maintained strict no-drug policy in home
- Strong supporter of son throughout proceedings
- Established Facebook support group: “We stand behind Pfc. Andrew Holmes”
Parents: Divorced when Andrew was young
- Family moved from Pocatello to Boise after divorce
- Andrew was fourth grade when family relocated
Siblings: Sister Katie
1.3 Childhood and Education
Elementary/Middle School:
- Attended schools in Boise, Idaho
- Described as “easygoing, laughing, always smiling”
- Did not take things seriously
- Rarely focused on homework
High School: Centennial High School, Boise
- Graduated 2008 with class of 400
- Barely passed final math class
- Described by principal Alta Graham as “a nice kid… average student, pleasant, had a lot of friends and well-liked”
Disciplinary Issues:
- Failed mother’s at-home drug tests (marijuana use)
- Mother banned him from seeing certain friends
- Restrictions pushed him toward military enlistment
- Moved out during second semester of senior year
1.4 Physical Description
- 5’9″ to 5’10” (estimate)
- 185 pounds at enlistment
- Big smile and drooping brown eyes (per classmate)
- Described as “sweet and kind” by childhood acquaintance
1.5 Decision to Enlist
Motivation:
“I wanted to serve my country. I wanted to be proud of something because I hadn’t really done much at that point that I was really proud of.”
Mother’s Reaction:
- Did not believe military was in his best interest
- Had hoped he would attend Boise State University
- Supported his decision despite reservations
Enlistment Date: August 2008 (on 18th birthday)
SECTION 2: MILITARY CAREER
2.1 Basic Training
Location: Fort Benning, Georgia
Training:
- Initial Entry Training
- Advanced Individual Training
- Airborne School
Military Occupational Specialty: Infantryman (11B)
2.2 Assignment
Unit: 5th Stryker Brigade Combat Team, 2nd Infantry Division
- B Company, 2nd Battalion, 1st Infantry Regiment
- 3rd Platoon
- Joint Base Lewis-McChord, Washington
Arrival Date: April 2009
Position: Squad machine gunner (M249 SAW)
2.3 Deployment to Afghanistan
Deployment Date: July 2009
Location: Forward Operating Base Ramrod
- Maywand District, Kandahar Province
- Southern Afghanistan
Age at Deployment: 19 (arrived approximately one month before 19th birthday)
First Deployment: Yes
2.4 Combat Experience
Daily Duties:
- Two patrols daily
- Hunting Taliban in rural villages
- Described experience: “It just didn’t live up to the hype”
- Periods of boredom punctuated by attacks
Squad Leader: Staff Sergeant Calvin Gibbs (arrived November 2009)
SECTION 3: THE MURDER
3.1 First Murder: Gul Mudin
Date: January 15, 2010
Location: Village of La Mohammad Kalay, Maywand District
Victim:
- Name: Gul Mudin
- Age: 15 years old
- Status: Unarmed civilian farm worker
- Working in poppy field for his father
3.2 Holmes’s Role
Approach:
- Holmes and Corporal Jeremy Morlock approached victim
- Called to victim in Pashto
- Ordered him to stop
- Victim complied
Weapons:
- Holmes armed with M249 SAW (Squad Automatic Weapon)
- Heavy machine gun
Sequence of Events:
- Victim standing approximately 15 feet away
- Morlock threw fragmentation grenade near victim
- Morlock ordered Holmes to open fire
- Holmes fired 6-8 rounds at victim
Holmes’s Description in Court:
“I looked at the young man. He was standing there like a deer in the headlights. I fired six to eight rounds at the man, and I’ve regretted it ever since.”
3.3 Awareness and Intent
Question from Judge Kwasi Hawks:
“Did you know that what Morlock was telling you to do was wrong?”
Holmes’s Response: Yes
Holmes’s Understanding:
- Knew victim was “probably innocent”
- Believed his fire caused victim’s death
- Acknowledged he made a “bad decision”
3.4 Post-Killing Actions
Trophy Taking:
- SSG Gibbs cut off victim’s little finger
- Gibbs gave finger to Holmes
- Holmes kept finger dried in Ziploc bag
- Per witness: “He wanted to keep the finger forever and wanted to dry it out. He was proud of his finger.”
Photography:
- Holmes posed for photograph with body
- Image shows Holmes crouched over bloodied corpse
- Both Holmes and Morlock photographed with victim
Cover Story:
- Reported as legitimate combat engagement
- Claimed victim had thrown grenade at soldiers
3.5 Threats Received
From Morlock:
- Holmes claimed Morlock threatened his life
- Warned not to tell anyone killing was staged
SECTION 4: DISCOVERY AND ARREST
4.1 Investigation
Initial Trigger: Investigation into hashish use by platoon
Expansion: Investigation expanded to murder allegations
4.2 Return to United States
Spring 2010: Holmes returned on leave
Physical Condition (per mother):
- Lost approximately 50 pounds
- Weighed about 135 pounds (down from 185)
- Army claimed he had a “parasite”
- Could barely eat
- Took two days to eat favorite sandwich
- Did not sleep
Mental Condition:
- Paranoid
- Constantly asked family about their whereabouts
- Concerned someone would harm them
- “Hyper-vigilant”
Mother’s Description:
“The man that came home was not my son.”
Family Response:
- Had Holmes hospitalized in Idaho to restore strength
- Holmes claimed he gave himself daily IV fluids in Afghanistan
4.3 Return to Afghanistan
Decision: Holmes chose to return despite condition
Mother’s Account:
“I threatened to break his leg and keep him home, but he just hugged me and said, ‘Mom, I’ve got a job to finish.'”
Departure:
“It was hard to put him on the plane. It was the first time I’ve seen him fall apart.”
4.4 Arrest
Location: Afghanistan
Date: June 2010
Transfer: Joint Base Lewis-McChord, Washington
Pretrial Confinement: Approximately 500 days
Initial Charges:
- Conspiracy
- Premeditated murder
- Other charges
Potential Sentence: Death penalty possible
4.5 Legal Counsel Issues
Mother’s Complaint:
- Holmes requested legal counsel since May 26, 2010
- Repeatedly denied legal counsel by military
- Unable to speak with family
- Kept sequestered
SECTION 5: THE COURT-MARTIAL
5.1 Original Charges
- Premeditated murder
- Conspiracy to commit murder
- Possession of human remains (finger bone)
- Illegal drug use (marijuana/hashish)
- Possession of photos of human casualties
5.2 Plea Negotiations
Defense Attorney: Daniel Conway (civilian)
Defense Position:
- Holmes did not knowingly participate in murder plot
- Was “in the wrong place at the wrong time”
- Acting under orders from supervisor
Challenge: Army’s decision to conceal certain photographs limited defense options
5.3 Plea Agreement
Agreed Charges:
- Murder by performing an inherently dangerous act (reduced from premeditated)
- Possession of finger bone from victim
- Illegal use of controlled substance (marijuana/hashish)
Sentence Cap: 7 years (reduced from potential death penalty/life)
5.4 Court-Martial Proceedings
Date: September 22-23, 2011
Location: Joint Base Lewis-McChord, Washington
Military Judge: Lieutenant Colonel Kwasi Hawks
5.5 Guilty Plea
September 22, 2011:
Holmes admitted:
- Fired machine gun at unarmed civilian
- Knew victim was probably innocent
- Believed he caused victim’s death
- Accepted finger bone from SSG Gibbs
- Used marijuana/hashish
5.6 Sentencing Hearing
September 23, 2011
Prosecution Argument (Major Robert Stelle):
- Gestured to photograph of Holmes with victim’s body
- Called it a “trophy pose”
“That 15-year-old boy — he is the reason we are in Afghanistan. It’s his heart and mind.”
“It makes me sick to look at that flag on his shoulder. It makes me sick.”
Defense Argument (Daniel Conway):
- Holmes was youngest and lowest-ranked defendant
- Was 19 years old at time of killing
- Expressed hope Holmes would serve no more than four years
5.7 Holmes’s Statement
Apology:
“I wish I could tell the father and brothers in Afghanistan I’m sorry. It’s a deed that will never be forgotten.”
Later Statement on SSG Gibbs:
- Called Gibbs “a psychopath”
5.8 Sentence
Verdict: Guilty on all charges in plea agreement
Sentence:
- 7 years imprisonment
- Reduced in rank to Private (E-1)
- Dishonorable discharge
- Forfeiture of all pay and allowances
Credit: Nearly 500 days time served
Parole Eligibility: One-third of sentence (potentially 4 years total)
SECTION 6: PRISON AND RELEASE
6.1 Incarceration
Location: U.S. Disciplinary Barracks, Fort Leavenworth, Kansas
Behavior: Good conduct (earned credit toward early release)
6.2 Release
Date: October 25, 2015 (Sunday evening)
Time Served: 5 years, 5 months, 15 days
Travel: American Airlines flight 572
Arrival: Boise Airport, 8:16 PM
Reception:
- Dozens of friends and relatives present
- First time home since 2010
- First wind chill experienced in over five years
Grandmother: Wanda Yarbrough present to welcome him
6.3 Mother’s Statement
“[We are] grateful to have him home and look forward to having this chapter of our lives closed.”
SECTION 7: POST-RELEASE
7.1 Return to Boise
Residence: Boise, Idaho
Status: Remained in Boise at least initially
Appeal Consideration: Had not decided whether to appeal dishonorable discharge
7.2 Public Statements
On His Crime:
“Now, I wasn’t so innocent. I wasn’t the Andy Holmes that everyone saw as the easygoing, laughing, always smiling kind-of-guy. [But] now you’ll always know, no matter what, that I killed somebody. It was very much a coming of age.”
On Remorse:
“I feel bad for his family. But, man, it’s a combat zone.”
On Following Orders:
“People need to understand that I hadn’t been in the Army long enough to think for myself at that time. As a private, my job was to follow my orders regardless, because it wasn’t for me to decide what was right and what was wrong.”
On Army:
“I was an expendable piece and they definitely expended me.”
On Leadership:
- Said there was a “leadership vacuum”
- Junior soldiers took the fall
- Referred to Gibbs as “psychopath”
SECTION 8: MOTHER’S ADVOCACY
8.1 Public Statements
Blaming the Army:
“The man that came home was not my son. He was very thin. He’d lost about 50 pounds.”
“If they were smoking that much hashish, you can smell it. Where was the command? Did they just dump these boys off and say go forth and conquer?”
“I believe that they knew that Sgt. Gibbs and Spc. Morlock were not of sound mind and yet they put them in a position of power over these young men. I blame the Army one hundred percent for this whole mess.”
8.2 Support Activities
Facebook Group: “We stand behind Pfc. Andrew Holmes”
- Created to keep friends and supporters informed
- Initial members included friends and classmates
Death Threats:
- Family received credible death threats after Rolling Stone publication
- Sister Katie sent to Oregon for safety
- Reporters parked outside family home
8.3 Media Engagement
- Answered reporters’ questions
- Wanted world to understand son came from “normal, loving home”
- Spoke extensively with news organizations
SECTION 9: LEGAL ARGUMENTS
9.1 Defense Position
Attorney Daniel Conway:
“All I can speak for is the charge Pfc. Andrew Holmes is associated with, and I’ll tell you that there is no proof that… Holmes caused or conspired to cause the death of any human being unlawfully.”
“What I will say is this young man was clearly in the wrong place at the wrong time, but he didn’t knowingly participate in any of these so-called scenarios.”
9.2 Medical Evidence
At Trial:
- Doctor testified no machine gun wounds found on victim
- Prosecution claimed Holmes’s weapon killed victim
- Another soldier testified body was “riddled with wounds” consistent with Holmes’s weapon
9.3 Photo Controversy
National Institute of Military Justice:
- Argued corpse photos should be made public
Defense Position:
- Constrained in defending Holmes by Army’s concealment of certain photos
SECTION 10: CONTEXT AND COMPARISON
10.1 Youngest Defendant
- Youngest of five soldiers charged with murder
- Lowest-ranked defendant
- Only 19 at time of killing
- First deployment
10.2 Sentence Comparison
| Defendant | Charge | Sentence |
|---|---|---|
| Calvin Gibbs | 3 murders | Life |
| Jeremy Morlock | 3 murders | 24 years |
| Andrew Holmes | 1 murder | 7 years |
| Adam Winfield | Manslaughter | 3 years |
| Michael Wagnon | N/A | Charges dismissed |
10.3 Release Comparison
| Defendant | Sentenced | Released |
|---|---|---|
| Andrew Holmes | 7 years | October 2015 |
| Adam Winfield | 3 years | August 2012 |
| Jeremy Morlock | 24 years | TBD |
| Calvin Gibbs | Life | Incarcerated |
SECTION 11: ABOUT COURT-MARTIAL PROCEEDINGS
A court-martial is a military court established under the Uniform Code of Military Justice (UCMJ) to try service members for violations of military law, ranging from minor disciplinary infractions to capital offenses. The Andrew Holmes court-martial, conducted September 22-23, 2011, at Joint Base Lewis-McChord, was a general court-martial proceeding that concluded with a negotiated guilty plea to reduced charges. Holmes had originally faced premeditated murder charges under UCMJ Article 118, which carried a potential death sentence, but his plea agreement reduced the charge to murder by performing an inherently dangerous act—a distinction that eliminated premeditation as an element and significantly reduced his sentencing exposure. The court-martial was presided over by Lieutenant Colonel Kwasi Hawks, the same military judge who had accepted Jeremy Morlock’s guilty plea six months earlier and who would later preside over Adam Winfield’s case. Military judges in court-martial proceedings possess authority similar to federal district court judges but operate within a distinct legal framework that includes the Manual for Courts-Martial and service-specific regulations. Holmes’s case illustrated the role of plea bargaining in military justice, where charge reduction and sentencing caps incentivize cooperation and judicial efficiency while raising questions about proportionality when co-defendants in the same conspiracy receive dramatically different sentences. The seven-year sentence imposed on Holmes, compared to Morlock’s 24 years and Gibbs’s life sentence, reflected both the reduced charges and Holmes’s status as the youngest defendant who was on his first deployment and under the direct command of soldiers the court recognized as more culpable. The court-martial also addressed Holmes’s possession of human remains—specifically the finger bone given to him by Gibbs—and his drug use, both of which he admitted. Defense counsel Daniel Conway’s argument that Holmes was “in the wrong place at the wrong time” and acting under the direction of his squad leader raised important questions about the doctrine of superior orders, though military law has firmly established since Nuremberg that obedience to orders is not a defense to war crimes. Holmes’s characterization of Gibbs as “a psychopath” during sentencing provided insight into the dysfunctional command climate that enabled the murders while also serving his legal interest in minimizing his own culpability. The dishonorable discharge that accompanied his sentence represented the most severe administrative separation, stripping Holmes of all veterans’ benefits and imposing civil disabilities that would follow him beyond his release from Fort Leavenworth in October 2015.
SECTION 12: SOURCE BIBLIOGRAPHY
Primary Sources
- Court-martial transcript, United States v. PFC Andrew Holmes (2011)
- Army Criminal Investigation Command reports
- Joint Base Lewis-McChord public affairs releases
Secondary Sources
News Organizations:
- ABC News
- CNN
- KTVB (Boise)
- The Seattle Times
- Military Times
- Northwest News Network
- Idaho Press (Boise Weekly)
- KNKX Public Radio
Interviews
- Dana Holmes (mother) interviews
- Daniel Conway (defense attorney) statements
- Alta Graham (high school principal) statements
- Greg Gilbert (family friend) statements
Documentary Sources
- “The Kill Team” (2013 documentary)
- “The Kill Team” (2019 feature film)
Research compiled from multiple verified historical sources.