[RedRover]

Yes, here's the concluding bit from the LCpl Tatum recommendation...

Notwithstanding my belief that a case against LCpl Tatum is too weak to pursue, the charge of Reckless Endangerment may avoid the most significant evidentiary problems of proving cause of death and Iraqi witness production while ensuring a trier of fact could hold LCpl Tatum accountable in some way for his actions. If the government prevails on a theory that LCpl Tatum had a duty to make an independent determination of hostile act or intent, then the act of shooting into a room without making that determination is "Reckless" conduct that exhibits a culpable disregard of foreseeable consequences to the children.

However, to be clear, I am not recommending the charges go forward. In recommending dismissal of the charges, I am finding that LCpl Mendoza's testimony is not credible and even if all the evidentiary hurdles are cleared, that LCpl Tatum had the legal right to rely on SSgt Wuterich's actions in house 2 as positive identification. Even if SSgt Wuterich were wrong, LCpl Tatum was entitled to act on his honest and reasonable belief that SSgt Wuterich was engaging legitimate targets. On 19 November 2005, in the mere seconds LCpl Tatum had to make a decision, he acted in accord with training, to engage targets that a fellow Marine was firing at, without time to fully assess the situation and reflect on what SSgt Wuterich was doing. It is only in hindsight that we can start to question why SSgt Wuterich was firing his weapon at children and conclude that LCpl Tatum should have deemed such actions were unwarranted.

I believe LCpl Tatum's real life experience and training on how to clear a room took over and his body instinctively began firing while his head tried to grasp at what and why he was firing. By the time he could recognize that he was shooting at children, his body had already acted. What occurred in house 1 and house 2 are tragedies. The photographs of the victims are heart wrenching, and the desire to explain this tragedy as a criminal act and not the result of training and fighting an enemy that hides among innocents is great. However, in the end, my opinion is that there is insufficient evidence for a trial. LCpl Tatum shot and killed people in houses 1 and 2, but the reason he did so was because of his training and the circumstances he was placed in, not to exact revenge and commit murder.

[Girlene]

Good memory and catch, athelass.

...What the evidence does point to is that SSgt. Wuterich failed to exercise due care in his own actions or in supervising his Marines. ...

I'm wondering if this is as much about who was in charge as it is about who killed the Iraqis in House #2. It doesn't quite say that, but Ware does point out his belief that due care was not excercised fully in supervising his Marines. IOW, the buck stopped with SSgt. Wuterich.