Whether or Not I Know for Sure: How NCIS Got Its Man in Fallujah Murder Case

Marine Sgt. Ryan Weemer is accused of murdering an enemy combatant captured a few hours after his squad crossed the line of departure on November 9, 2004 to attack Fallujah, Iraq.

The government claims somebody gave Weemer’s squad leader an order over a radio to kill four prisoners they had just captured and Weemer was one of the Marines who complied.

Weemer’s former squad leader Jose L. Nazario, and Sgt. Jermaine Nelson, an assaultman attached to his squad, are also accused of murder in the affair. After Weemer and Nelson waived their right to legal counsel they both gave voluntary sworn statements to the Naval Criminal Investigative Service attesting to their guilt.

Subsequently, after obtaining legal counsel, Weemer and Nelson were cited for civil contempt of court by the federal judge presiding over the case for refusing to testify to a federal Grand Jury hearing the government’s case against Nazario. Despite spending time in a federal lockup neither man has agreed to cooperate.

In November 2004 all three Marines were assigned to 3rd Platoon, Kilo Company, 3rd Battalion, 1st Marines, the most maligned group of men in the Marine Corps’ colorful 232-year history.

Six enlisted men from 3rd Plt, Kilo, 3/1 have been charged with murder and other serious crimes since November 2004 and several more face similar treatment if the government gets its way.

Three of the infantrymen have already been exonerated and four are currently under indictment for murder and related offenses involving excessive force that allegedly occurred in Iraq during 2004, 2005, and 2007.

Weemer moved to center stage last week when the government revealed his “confession” during his Article 32 preliminary hearing at Camp Pendleton. During Weemer’s rambling account the former fire team leader and pistol expert reveals he shot a prisoner twice with his 9mm automatic pistol after being told to do so – he thinks – maybe, sort of.

One interesting exchange begins while NCIS Special Agent Fox is questioning Weemer about a statement he made to a Secret Service agent named Dezio while he was trying to obtain employment in the uniformed branch of the Secret Service almost two years ago. Fox is trying to figure out why Weemer’s fire team didn’t shoot the insurgents as soon as they encountered the insurgents inside a house.

Weemer: That’s the only reason I can think of that I didn’t start shooting and other people didn’t just start shooting. Uh, it was that we were out of it.

Fox: Okay. You then say when we called up to our platoon commander and our platoon sergeant and asked them what to do.

Weemer: Yeah, I mean that’s kind of the way it works., as far as, you know, if you ever have a situation you don’t know what to do it’s called up the chain of command like that.

Fox: Who would have been the person – and when you say we called up, who actually was it?

Weemer: It would have had to have been Nazario –if – if he had the radio. But like I said if he had a radioman then he would have been talking to them.

Weemer: I don’t know if I’m making – like I said, if I made up that part of seeing the guy in the room, I don’t know if I was there when they talked about it, or when he called it up or not. I don’t know if I actually heard him say it.

Fox: Okay, and you said my squad leader was there as well said, the guy in charge of our squad. We called up the platoon sergeant, to the platoon commander and asked them what to do, and – and the response we got was, are they dead yet.

Weemer: Like I said I can – I can try and give you an answer but it’s just going to be an answer, whether or not I know for sure.

***Here's a fascinating account that gives some idea of the fog that is in a warrior's brain when trying to recount what exactly happened in an engagement. Also look at how others understand what he's saying versus what he might have thought he was saying. The "thumb/hand" exchange stands out. My experience says that people don't remember "verbatim accounts" that well. They sort of fill them in based as much on impression and emotion as on fact.***

Former Navy SEAL says he misspoke on details of Afghan battle

By Jeff Schogol, Stars and Stripes

Mideast edition, Wednesday, July 16, 2008

ARLINGTON, Va. — A former Navy SEAL who was the only member of his team to survive a fierce fight with the Taliban didn’t get everything quite right when he recounted the battle and his subsequent rescue at an event this spring in Washington.

Marcus Luttrell, who was awarded the Navy Cross for his actions in Afghanistan, spoke April 24 at the Army and Navy Club in Washington as part of an event sponsored by the American Veterans Center.

Stars and Stripes recorded Luttrell’s comments and included them in a profile of Navy Lt. Michael Murphy, the SEAL team leader who was awarded the Medal of Honor for exposing himself to enemy fire to call for backup.

But after the story ran, Stripes learned some of what Luttrell said was wrong.

Luttrell, who wrote the book "Lone Survivor" about what happened in Afghanistan, told the audience at the Army and Navy Club that one of his teammates, Petty Officer 2nd Class Matthew G. Axelson, survived for two weeks after battle, despite being shot in the head.

"When they found Danny and Mikey, their bodies were decomposing, rigor mortis had set in, the whole nine yards, you can only imagine," he said. "When they found Matt — people don’t know about this — he didn’t have that. There wasn’t any larva or anything like that. He survived for two weeks out there."

He went on to say that Axelson had been shot seven times by the time he left Axelson.

"That SOB lived for two more weeks out there with those injuries, and when they found him, he was in a clearing — someone had laid him there, you know," Luttrell said. "I remember I was still in the hospital when they found him — true testament to a warrior."

But the date of death on Axelson’s death certificate is June 28, 2005, the day of the battle, said Navy spokeswoman Lt. Cmdr. Tamsen Reese.

Asked about the matter, Luttrell said he misspoke, explaining that Axelson’s body was found in a different spot than when he left Axelson, leading him to think that Axelson survived a little longer than he expected.

In an e-mail, Luttrell said he misspoke, explaining there was no way he could tell "the exact time he (Axelson) died or how much longer he fought and lived." He said he was sorry he "confused everyone" as to the exact time Axelson perished, but he added that no one will ever know exactly when Axelson died.

Axelson’s father, Corky, said an autopsy was not able to determine exactly when his son died, but Axelson did not survive for two weeks.

"He’d been dead for some time when they found him," the elder Axelson said.

Corky Axelson said he understands if there are some inaccuracies in Luttrell’s book, but he believes Luttrell got the story right for the most part.

"I have no reason to believe differently," he said.

But the mother of the fourth SEAL, Petty Officer 2nd Class Danny Dietz, said she had issues with the Stripes story based on Luttrell’s comments at the Army and Navy Club.

Luttrell recalled how Dietz was shot while trying to make a radio call.

"I was, ‘Did you get that radio call off for help,’ and he’s like, ‘I was on the phone bro, but they blew out of my hand — they blew my hand off,’ " Luttrell said.

Cindy Dietz said her son’s thumb was blown off, not his entire hand.

She also took issue with Luttrell’s recollection of an exchange between him and Dietz after Dietz had been shot.

"I was a medic, and he’s like, ‘I need some help, man, man they shot me!’ " Luttrell said in April. "And I was like, ‘Well, I can’t help you,’ because there’s no medicine on the battlefield for those who don’t know that. It’s rounds back downrange. That’s it."

Cindy Dietz said she did not think Luttrell would have told her son that he could not help him.

"Marcus held my son until my son breathed his last my breath," she said.

Luttrell did not respond directly to requests to comment on Cindy Dietz’ objections, so Stripes asked a spokesman with Navy Special Warfare Command to get in contact with him.

The spokesman, Cmdr. Greg Geisen, relayed the following text message from Luttrell on the matter: "At the panel discussion I was not as specific and clear as I could have been. I apologize if my comments have caused any confusion and I will try to be more specific in the future."

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