A reminder poohbah...Lt Pantano is NOT charged with "felony uncuffing prisoners" or reckless endangerment of his men. He is charged with premeditated murder of two enemy combatants out of uniform...the traditional method of handling spies and espionage agents.
Actually, it isn't in this country, unless you're arguing that international law (the Geneva Convention) abrogates US sovereignty.
The reason he's charged with first-degree murder is that Pantano committed felonies (multiple) that caused the deaths.