Staff Sgt. Frank WuterichPosted on 10/04/2007 6:50:48 PM PDT by Dubya
An investigating officer has recommended that the Marine at the center of the biggest prosecution of U.S. troops in the Iraq war should not stand trial on murder charges, a defense attorney said Thursday.
Staff Sgt. Frank Wuterich, 27, of Meriden, Conn., is charged with the unpremeditated murder of 17 Iraqis in Haditha in 2005. The former squad leader allegedly directed his Marines in an assault that left 24 men, women and children dead. The deaths came after a bomb blast that killed Lance Cpl. Miguel Terrazas, of El Paso, Texas.
Lt. Col. Paul Ware recommended that Wuterich should be tried for the lesser offense of negligent homicide in the deaths of five children and two women, said Neal Puckett, Wuterich's attorney.
Ware reviewed evidence against Wuterich in a preliminary hearing known as an Article 32. His recommendation is nonbinding, and the final decision about whether Wuterich should stand trial rests with Lt. Gen. James Mattis, the commanding general overseeing the case.
If Mattis accepts the recommendation for Wuterich and a similar one for one of his corporals, which appears likely based on past practice, no one will face murder charges in the biggest case involving civilian deaths in Iraq.
"We're both very pleased and also not surprised, given how the other cases have gone," Puckett said. "There has never been any inkling that any of these Marines lost control or went on a rampage."
Ware also recommended dropping charges of making a false official statement and telling a squadmate to do the same, Puckett said.
If tried and convicted of murder, Wuterich would face a maximum sentence of life in prison. Puckett said negligent homicide carries a maximum sentence of three years for each count.
A Marine Corps spokesman, Lt. Col. Sean Gibson, declined to comment.
Of four enlisted Marines initially accused in the case, charges have been dropped against Sgt. Sanick Dela Cruz and Lance Cpl. Justin Sharratt. Ware has also recommended charges be dismissed against the third alleged shooter, Lance Cpl. Stephen Tatum.
Charges also have been dropped against two of four officers accused of dereliction of duty for failing to investigate the incident. Lt. Col. Jeffrey Chessani, the highest-ranking of the officers, has been recommended for a court-martial, but Mattis has made no final decision. Another officer, 1st Lt. Andrew A. Grayson, is scheduled for a pretrial hearing.
The killings occurred Nov. 19, 2005, after a roadside bomb hit a Marine convoy, killing the driver of a Humvee and wounding two other Marines. Wuterich and Dela Cruz allegedly shot five men by a car at the scene, then Wuterich ordered his men into several houses, where they cleared rooms with grenades and gunfire killing unarmed civilians in the process.
At his preliminary hearing, Wuterich said he regretted the loss of civilian life in Haditha, but said he believed he was coming under fire from the homes and so was operating within military combat rules when he ordered his men to assault the buildings.
"Based on the information I had at the time, based on the situation, I made the best decisions I could have at that time," Wuterich said at the hearing. "Engaging was the only choice."
Wuterich also said he will "always mourn the unfortunate deaths of the innocent Iraqis who were killed during our response to that attack."
Dela Cruz, one of Wuterich's former squad mates, testified against him at the hearing, saying that Wuterich shot the men by the car even though their hands were in the air and they were not running. Dela Cruz's charges had been dropped and he had been given immunity to testify.
Wuterich argued the men were fleeing the scene of the bomb, an activity suspicious enough at the time to legitimize killing them.
Though prosecutors have yet to score any convictions, three high-ranking Marines have been censured for failing to investigate the killings. A letter of censure is the military's most severe administrative punishment.
paging John Murtha
Staff Sgt. Frank WuterichMurtha, Harkin, Pelosi and Reid aren’t going to like this.
I hope Rush interviews Wuterich, and reams Murtha a new one.
cue the crickets chirp on the left....
He should not be charged with anything. He should be fully exonerated of all charges. He was in battle, in a known hostile area. He is a US Marine, who is trained to fight the enemy and do his best to make sure his Marines live to see another day. He was doing his job.
This sounds like somebody is throwing the scumbag prosecutors a bone. I expect that an offer to plea out will be forthcoming shortly. Those scumbag prosecutors must be gnashing their teeth by now, and I have no doubt that others up the food chain are gnashing their teeth even harder. Somebody was supposed to get tarred and feathered "for the good of the Corps!", don't you know....
Thankfully, this disgraceful prosecution which has done so much to tarnish the Eagle, Globe, and Anchor may finally be coming to a close.
By the way:
the final decision about whether Wuterich should stand trial rests with Lt. Gen. James Mattis, the commanding general overseeing the case
I thought Mattis was promoted and replaced on this case? Does he still get the final call?
(( ping ))
Associated Press version.
Ping
Uh oh.....this REALLY looks bad for Murtha and his defenders....
However — I have a REAL problem with the lesser charge also.
How in hell is it possible to bring a charge of “Negligent Homicide” during a sweep of position from which one believed he had been fired upon -— during which as we have been told he “followed prescribed techniques” for clearing hostile space?
Could he have made a mistake? Sure? Was it intentional? They have just determined it WASN’T. So why was he “negligent”?.....
I’m a very old guy - and willing to have my opinion changed, with rational cause..
Isn’t this MORE a case of contributory homicide against the Islamist assholes and cowards who fired from a position which place women and children at risk?
I agree with you.
“Negligent homocide” in combat is still a bullshit charge. Drop all charges, apologise and reinstate.
I am recommending that the Government pursue the lesser offense of negligent homicide and not murder because I believe after reviewing all the evidence, no trier of fact can conclude SSgt. Wuterich formed the criminal intent to kill. The evidence is contradictory, the forensic analysis is limited and almost all witnesses have an obvious bias or prejudice. The case against SSgt. Wuterich that he committed murder is simply not strong enough to prove beyond a reasonable doubt. What the evidence does point to is that SSgt. Wuterich failed to exercise due care in his own actions or in supervising his Marines. When a Marine fails to exercise due care in a combat environment resulting in the death of innocents, the charge of negligent homicide, not murder, is the appropriate offense. Accordingly I believe the elements and theory of negligent homicide best fits the evidence of what occurred inside House 2.
Finally, although I believe the Government will fail to prove beyond a reasonable doubt that SSgt. Wuterich committed any offenses other than dereliction of duty, due to the serious nature of the charges, I recommend referral to a general court-martial.
Thanks for the input.
Please add my name to any ping list you may have on this topic..
I’d like to follow it - and don’t always remember to search for important subjects... Getting old...
I simply will NEVER lose faith that “At the core, it’s STILL the Corps”.
Will do, rat. I still have faith as well.
Just as I was beginning to gain some respect for Ware, he comes up with that doozy. Pathetic.
Thanks.
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