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”.
Just as I was beginning to gain some respect for Ware, he comes up with that doozy. Pathetic.
Wasn't there language of this sort in what he wrote about Stephen Tatum as well? I interpret this as "go ahead and charge him but you won't be able to prove it". I won't be able to rest easy until all charges are dropped. God willing, no court martial.