Posted on 09/12/2007 1:33:36 PM PDT by rightalien
CAMP PENDLETON ---- A murder charge against a Marine sergeant accused of killing a captured man in Iraq in 2004 has been dropped.
The Marine Corps announced this morning that an unpremeditated murder charge filed last month against Sgt. Jermaine A. Nelson has been dropped but could be refiled.
Lt. Gen. James Mattis, head of Marine Corps Forces in the Middle East, ordered the dismissal pending his review of a probe into the alleged killing of four detainees during a battle in Fallujah on Nov. 9, 2004, according to a statement issued this morning at Camp Pendleton.
"Mattis dismissed the charge so he could evaluate the ongoing Naval Criminal Investigative Service investigation and determine appropriate action...," the statement read.
Nelson was a member of Kilo Company from the base's 3rd Battalion, 1st Marine regiment at the time of the alleged incident. He is currently assigned to the 1st Marine Division at Camp Pendleton.
In related news, a former Marine involved in the incident will be arraigned in U.S. District Court in Riverside today on two-count charge of voluntary manslaughter.
At 3 p.m. today, a second man charged in the case, former Marine sergeant Jose L. Nazario, is scheduled to appear for arraignment for his alleged role in the incident.
Nazario is being prosecuted in federal court because he is no longer in the Marine Corps nor subject to recall in the service and cannot be prosecuted by military authorities. He faces up to 10 years in prison if convicted.
The Riverside County resident was indicted by a grand jury earlier this month on two counts of manslaughter and will enter a not guilty plea this afternoon, said Emery Ledger, one of his attorneys.
"The defense team has seen no evidence whatsoever that Mr. Nazario is anything but an American hero," Ledger said. "We are confident that reasonable jurors will find that even in the fog of war and terror of combat, Mr. Nazario acted bravely and committed no crime."
Ledger also said he believe the Marine Corps withdrew charges against Nelson because authorities do not believe there is sufficient evidence to warrant a prosecution.
The Marine Corps is investigating as many as eight current and former Marines in the case who are alleged to have shot and killed four detainees. The case arose when a former member of the squad told federal authorities he had knowledge of unlawful killings during his service in Iraq.
Death happens in war ... .
AQ must be laughing at us ... as they behead whoever they can get their hands on.
I’m a little sketchy on how this worked, but my understanding is that NCIS has acted without a Convening Authority throughout their investigation and the initial charges.
No one in the Marines reviewed the charges being brought against Nazario in civil court. Meanwhile at Pendleton, my understanding was that Gen Mattis did not, in fact, initially approve the charges against Nelson.
Whenever anyone has tried to explain the machinations involved, I’ve drifted off. Hopefully, there will be more reporting.
Your answer fits the one I gave earlier. NCIS acted without a Convening Authority. How they had the authority to bring a charge without the approval of Gen Mattis is a mystery to me.
Traitors don’t care about authority.
This can’t be proved but here’s the scuttlebutt...
Gen Mattis was in Iraq when NCIS brought charges against Nelson. Somebody in Gen Mattis command, somebody like Riggs, agreed to bring charges while Mattis was out of town.
Word is that Mattis had a conniption fit when he found out about the charge and that’s why we’re where we are.
Like I say, none of this can be proved but it’s the word going around.
Thanks and it makes sense. I would hate to be on the receiving end of a Mattis phone call if I went behind his back.
That sounds like Riggs played General while Mattis was gone.
Now General Mattis is going to have the NCIS investigated to see what else they have been up to or put up to.
That may be, but only because they're too ignorant or stupid or just too filled with hate to see that this is one of the reasons they're destined to lose to us.
I hope you’re right ... I see our willto win declining.
Mine hasn’t!
Others are tired. They have a false sense of security. They want ot believe that if we raise the white flag they’ll leave us alone - they won’t.
In the history of the world, I wonder how many people have laughed at the United States Marines and later regretted it.
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