Posted on 08/16/2007 12:58:08 PM PDT by RedRover
NORTH COUNTY -- A former Marine who served with a group Camp Pendleton troops under investigation for the alleged slaying of Iraqi detainees in Fallujah nearly three years ago will be arraigned in U.S. District Court in Riverside County today on a charge of voluntary manslaughter.
Jose Nazario Jr., of Riverside is scheduled to appear for arraignment at 3 p.m..
A Riverside Police Department officer until he was fired last week, Nazario was a member of a Camp Pendleton squad being investigated for the killing of four detainees during a fight for Fallujah on Nov. 9, 2004.
Nazario's attorney, Emery Ledger of Newport Beach, said Thursday morning that the former sergeant is a "true Marine" who will fight the charge against him.
Ledger released the criminal complaint filed by the U.S. attorney's office against his client. The complaint alleges that on Nov. 9, 2004, Nazario "in heat of passion caused by adequate provocation unlawfully and intentionally killed two unarmed male human beings."
The complaint includes an affidavit from Naval Criminal Investigative Service Special Agent Mark Fox, who wrote that Nazario and other Marines from Camp Pendleton's 3rd Platoon, Kilo Company from the base's 3rd Battalion, 1st Marine Regiment detained three to five Iraqis during a house search.
Nazario is accused of telling an unidentified Marine that the squad needed "to take care of them" so the unit could complete its assignment of moving to the center of the city, according to the Fox affidavit.
The document further contends that Nazario shot two detainees execution-style and that he directed other Marines to shoot two other Iraqis.
The affidavit says that Nazario had radioed an unknown Marine and told that person four insurgents had been detained along with the discovery of several AK-47 assault rifles and ammunition.
Nazario allegedly told his squad that he had been asked during the radio transmission if the Iraqis were dead and indicated to his Marines that the squad had to move on, according to the affidavit.
"We can't be here all day," he allegedly said. "You know what has to be done."
Attorney Ledger said Nazario was fired from his job as a Riverside police officer last week solely on the basis of the allegations.
"The heartbreaking thing for him is the termination," Ledger said. "He now has no means to support his family."
Ledger said he is defending Nazario free of charge and that fundraising is underway.
Earlier this week, Ed Buice, a spokesman for the Naval Criminal Investigative Service in Washington, said a probe into the Fallujah incident continues.
"Each case is unique," Buice said in an e-mail in response to inquiries. "There's no way to know long the investigation will last."
In late June, the North County Times was the first to report that investigators from the Department of the Navy's civilian law enforcement agency were interviewing current and former Marines to determine what happened in the Anbar province city.
The agency subsequently confirmed the probe, saying it was looking into "credible allegations of wrongdoing made against U.S. Marines."
Buice would not say how many agents are working the case nor would he say how many service members have been interviewed.
The allegation reached the Naval Criminal Investigative Service when a former member of the squad, Cpl. Ryan Weemer, reportedly told the Secret Service he was aware of a "wrongful death" during an interview for a job he was seeking with that agency.
Weemer, 24, a Kentucky resident, hasn't spoken to the media but an attorney he has hired, Paul Hackett of Ohio, has described the former corporal as a hero who did nothing wrong in Fallujah.
Hackett said Wednesday he is unaware of the status of the probe and that Weemer has declined several requests to speak with investigators. The attorney said he will not allow his client to speak with reporters.
Nazario is being arraigned in federal court rather than in a military court because he is no longer in the Marine Corps.
See more on this story in Friday's North County Times.
This investigation, still no more than a fishing expedition, has cost this veteran his dream of a career in law enforcement.
I have an e-mail from his lawyer...
This kid is innocent, no doubt in my mind. And he is truly destitute. He is making $475 a month unemployment, result of his firing from the PD and he had just purchased a home with his wife. He will certainly lose everything without help.
Getting this kid employment in some area, security, etc., for his own piece of mind would be great.
I'll post more information when we have it, but if anyone in the Riverside/Los Angeles area can help a Marine with a job in security or related areas, please let me and I'll share his lawyer's e-mail address.
What NCIS has done to this man is an absolute crime.
Typically, police officers who are under investigation for, or are charged with, crimes get put on unpaid leave pending the outcome of a trial.
This is a fascinating exception.
If anyone can give this Marine a hand with a job, please do get in touch.
The Criminal Division of the United States Attorney’s Office for the Central District of California prosecutes federal crimes.
Assistant United States Attorney Thomas P. O’Brien is the chief of the Criminal Division.
The United States Attorney’s Office for the Central District of California has a branch office located in Riverside, California.
Assistant United States Attorney Sheri Pym is the chief of the Riverside Branch Office.
http://www.usdoj.gov/usao/cac/index.html
It is my understanding Navario was still a probationary officer, that accounts for his firing. Departments fire probationary officers if anything comes up during their probation.
This, and all the similar cases pending against Marines should be tossed. You want total war? THEN LET US DO OUR DAMN JOBS!
This is such a shame. A Marine who faught in Fallujah should not be destitute, without a job, and facing the full power of the US gov’t with some pretty shaky charges. There are no bodies, no forensics, no ballistics, no buildings. There is a rumor. This is enough to destroy his life with a fishing expedition instigated by NCIS?
These guys were in a fight for their lives and their brothers. We asked them to wage this battle. They need to be allowed to get on with their lives. They gave enough in Fallujah.
And these enlisted guys get out of the Marines with whatever little bit they managed to save.
Thankfully, the lawyers are willing to represent him pro bono. For now. A case like this in civilian court is a whole lot more expense than a military case. All the costs from expert witnesses (including travel and accomodations) to mountains of Xeroxing is borne by the defense.
Absolutely not. NCIS is "freelancing" this case to a civilian court. The case has no military convening authority.
This might be of interest.
Post # 10 was meant for you.
You’re welcome, expat!
ping to #1
...Ed Buice directed questions to the U.S. attorney's office, where spokesman Thom Mrozek declined to comment.
But I bet Thom Mrozek was thinking, Damn that Nat Helms! This was supposed to stay quiet!
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