That was a very interesting report by Lt. Col. Ware. Once again, he tried to connect all the pieces to make sense of everyone’s testimony, the forensics, ROE, etc. There’s a lot to digest in this report. Any charges for SSgt Wuterich related to the occupants of the taxi/sedan seem pretty clearly gone. That was a fairly good analysis of this part of the case.
I noticed there are additional charges (lesser offenses) recommended for SSgt Wuterich in an attempt to clarify who is responsible, primarily related to house 2. Granted, nothing leads Lt. Col. Ware to determine there was malicious intent to kill for revenge or any other motive.
I don't have a problem with the points LCol. Ware made WRT the over-charging of the Marines, but rather his thought that there has to be something to charge someone with, and as Team Leader that devolves back to SSgt. Wunterich.
Plug 34.12755N 42.380E into http://maps.google.com ^ and zoom into the location RS and Red show on their map pics. Looking at the entire area will give a better sense of the activities that K/3/1 was undergoing that day.
If Wunterich had not followed the ROE, but had knowledge of and followed the MOUT, then I could understand the charge of Dereliction. Then again, if wishes were horses, we could really give Murtha a ride he'll never forget!