Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

THE TRIAL IS OVER: SSGT WUTERICH PLEADS GUILTY TO ONE COUNT OF NEGLIGENT DERELICTION OF DUTY
Defend Our Marines ^ | January 23, 2012 | Nathaniel R. Helms and David Allender

Posted on 01/23/2012 7:08:17 PM PST by RedRover

Camp Pendleton, Calif. – The General Court Martial of US Marine Corps SSgt Frank D. Wuterich ended Monday morning after a plea deal was reached over the weekend. In return for a guilty plea to one count of Negligent Dereliction of Duty, the six-year ordeal of the 31-year old father of three is finally over.

Negligent dereliction is a lesser included offense detailed in Article 92 of the Uniform Code of Military Justice, Dereliction of Duty. Before the agreement, SSgt Wuterich was charged with “Willful Dereliction of Duty,” a much more severe offense. In return for his plea, 13 charges, including nine counts of Voluntary Manslaughter, two counts of Aggravated Assault, and two other charges of willful dereliction were dropped.

SSgt Wuterich faced more than 160 years in prison if he had been found guilty and sentenced to the maximum sentence allowed by law on each count. That option was never really on the table although the specter of life in prison wore heavily on everyone associated with the case since SSgt Wuterich and seven other Marines were charged with massacring 24 civilians in Haditha, Iraq on Nov. 19, 2005.

The maximum sentence military judge LtCol David Jones can now impose on SSgt Wuterich is three months confinement and loss of two -thirds of his pay while he is confined. The staff sergeant told the judge he earns $3,486 a month. At risk if he is incarcerated are his three little girls, who are otherwise without a resident parent.

SSgt Wuterich admitted he failed to maintain "adequate tactical control" of three Marines he was leading and made a "negligent verbal order." While answering the military judge’s questions before the deal was done, SSgt Wuterich said comments he made to troops he was leading were negligent and may have led to the "tragic" deaths of the women and children.

"I took a team of Marines to clear houses to the south of the site [where House 1 and House 2 are situated] and did use the words 'shoot first, ask questions later,' or something to that affect prior to clearing or entering there," he said.

The six-year long tragedy was triggered by a specious story in Time magazine in which reporter Tim McGirk accused a squad of Marines from Kilo, 3rd Battalion, 1st Marines of running rampant through two houses full of civilians killing everyone they saw in revenge for the IED death of one of their own. McGirk graduated from University of California Berkeley and is now teaching there with money the university obtained from donors to create a fellowship teaching investigative journalism. McGirk was never at Haditha and relied on two known insurgent sympathizers masquerading as human rights workers for his “facts.”

Twenty-four Iraqis were killed, the Marine Corps has said, including six women and four children as Marines tried to find the gunmen who had been firing on them from houses near the bomb blast. Five Iraqi men died on a road the Marines called Route Chestnut, the only hard-surfaced thoroughfare into the southern part of the city. SSgt Wuterich testified he took a knee and shot them when they tried to flee after they inexplicably showed up seconds before the bomb exploded. Several witnesses testified they were the only Iraqis driving on the road when the blast occurred.

McGirk’s helpful human rights advocates, one of whom had just been released from Abu Ghraib prison , and the other whom Marine signal-intercept specialists had been monitoring for months, were heard before the attack planning how to record the event for propaganda purposes. Six of the victims died in the first house the four Marines stormed and eight more died in the second they cleared with grenades and rifle fire.

The event was precipitated by the gruesome death of twenty-year old LCpl Miguel “T.J.” Terrazas, who died when a remotely detonated roadside bomb tore both him and the Humvee he was riding in to pieces. The bomb was buried in the hard-surfaced road and then concealed with fresh cement in plain view of the victims who lived there. Two other Marines were wounded in the attack. The decimated squad was then fired upon by unseen gunman they believed were hiding in and around two houses filled with civilians.

After the initial hearing concluded about 9:00 am PT, SSgt Wuterich shook hands with his attorneys and then turned to hug his parents David and Rosemarie Wuterich, who have been in the court room every day since testimony began two weeks ago.

Lead defense attorney Neal Puckett told LtCol Jones the negotiations that caused a flurry of speculation Wednesday and Thursday never ended but in fact had continued through the weekend. He offered the observation after LtCol Jones told the court that the first round of bargaining “fell through” before court resumed Friday morning.

"Nothing ever fell through,” Puckett corrected the unusually patient judge before the settlement was announced. “I’d like to get that on the record.”

Defend Our Marines has e-mailed McGirk for a comment. As of this writing he has not replied.

Sentencing is scheduled for Tuesday morning at 8:30 am PT.


TOPICS: Extended News; Foreign Affairs; News/Current Events
KEYWORDS: defendourmarines; haditha; hadithamarines; wuterich
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100101-112 next last
To: smoothsailing
“He knows that his Marine Corps career has come to an end.”

A few other careers likewise came to an end thanks to the cowardice of the scumbag Pentagon and the scumbag political whores, all of whom ran like scared bunny rabbits from a slimy propaganda piece slopped together by a worm named Tim McGirk and published in a dying, liberal magazine. Wow.

In this way, those scum handed the enemy a victory on a silver platter.

81 posted on 01/24/2012 2:32:02 PM PST by Lancey Howard
[ Post Reply | Private Reply | To 80 | View Replies]

To: Lancey Howard; RedRover; jazusamo; xzins; stylin19a; Girlene; darrylsharratt; All

JUST BREAKING NOW:

MARINE GETS NO JAIL TIME

http://www.cbsnews.com/8301-201_162-57365179/marine-gets-no-jail-time-for-haditha-killings/


82 posted on 01/24/2012 3:26:34 PM PST by smoothsailing
[ Post Reply | Private Reply | To 81 | View Replies]

To: Lancey Howard; smoothsailing; xzins; Girlene; jazusamo; lilycicero; All

Sentence: 90 days incarceration, reduction to E-1, no lost pay.

But the convening authority says no confinement so there will be no jail time.

Waiting for press conference. Not sure about terms of discharge. More later.


83 posted on 01/24/2012 3:30:23 PM PST by RedRover
[ Post Reply | Private Reply | To 81 | View Replies]

To: smoothsailing; RedRover

Thank God no jail time, Frank Wuterich can get on with his life.


84 posted on 01/24/2012 3:36:46 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
[ Post Reply | Private Reply | To 82 | View Replies]

To: RedRover; smoothsailing

He took one for he Marine Corps. and the Marines know it.

The Iraqis are going ape-spit.


85 posted on 01/24/2012 3:41:56 PM PST by stylin19a (obama - "FREDO" smart)
[ Post Reply | Private Reply | To 83 | View Replies]

To: jazusamo
About 15 minutes ago Fox said Wuterich will not have to do any time.
86 posted on 01/24/2012 3:43:15 PM PST by 4woodenboats (Obama.....a perfect example of why you can't trust someone that won't look you in the eye)
[ Post Reply | Private Reply | To 84 | View Replies]

To: RedRover; smoothsailing; Lancey Howard; xzins; stylin19a; Girlene; darrylsharratt; All
Puckett and Faraj Sentencing Argument for SSgt Wuterich
87 posted on 01/24/2012 3:43:55 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
[ Post Reply | Private Reply | To 83 | View Replies]

To: stylin19a; 4woodenboats
The Iraqis are going ape-spit.

About 15 minutes ago Fox said Wuterich will not have to do any time.

I'll bet they are along with most of the enemedia. It's good to see the word getting out so soon.

88 posted on 01/24/2012 3:49:20 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
[ Post Reply | Private Reply | To 85 | View Replies]

To: stylin19a

Sure they are. Lights, camera, action. Let’s all get on CNN.

This is on the heads of those who in the media, the government, and the military who should have said, this was no massacre.


89 posted on 01/24/2012 3:50:47 PM PST by RedRover
[ Post Reply | Private Reply | To 85 | View Replies]

To: smoothsailing; RedRover; jazusamo; Girlene
In Iraq, residents of the Euphrates river town of Haditha were angered by the fact that not one of the eight Marines initially charged will be convicted of manslaughter. A survivor of the killings, Awis Fahmi Hussein, showed his scars from being hit by a bullet in the back. "I was expecting that the American judiciary would sentence this person to life in prison and that he would appear and confess in front of the whole world that he committed this crime, so that America could show itself as democratic and fair," he said.

Like the little girl who knew the bomb was set to go off, there are citizens of this stretch of Haditha who know they were firing on these Marines that morning.

They know that Wuterich's complete exhoneration would have been justice, and that America's judicial system failed one of it's warriors.

But, they know, and they will answer some day.

90 posted on 01/24/2012 4:16:43 PM PST by xzins (Retired Army Chaplain and Proud of It! Pray Continued Victory for our Troops Still in Afghan!)
[ Post Reply | Private Reply | To 82 | View Replies]

To: RedRover; Lancey Howard; xzins; Girlene; jazusamo; lilycicero; darrylsharratt; All
Not sure about terms of discharge.

It's my understanding that discharge is an entirely seperate issue. It is an administrative function and can not be part of the plea agreement.

91 posted on 01/24/2012 4:24:36 PM PST by smoothsailing
[ Post Reply | Private Reply | To 83 | View Replies]

To: xzins

Rageboy and The Angry Arab News Service/وكالة أنباء العربي الغاضب (aka TIME magazine) will be up to their phony stunt indignation for days to come.

Thanks McGirk, thanks Murtha, thanks lamestream media and Pentagon perfumed princes.

92 posted on 01/24/2012 5:00:04 PM PST by smoothsailing
[ Post Reply | Private Reply | To 90 | View Replies]

To: RedRover
..90 days incarceration... no confinement so there will be no jail time.

???

I don't think I understand this.

93 posted on 01/24/2012 5:00:47 PM PST by Lancey Howard
[ Post Reply | Private Reply | To 83 | View Replies]

To: Lancey Howard

House arrest???


94 posted on 01/24/2012 5:02:20 PM PST by xzins (Retired Army Chaplain and Proud of It! Pray Continued Victory for our Troops Still in Afghan!)
[ Post Reply | Private Reply | To 93 | View Replies]

To: Lancey Howard; xzins
From the article by Tony Perry at LA Times. The judge doesn't know the terms of the plea bargain beforehand, evidently

Jones said the plea bargain approved by Lt. Gen. Thomas Waldhauser called for no jail time.

Jones said that he planned to recommend 90 days in the brig, the maximum as requested by the prosecution, but that Waldhauser's approval of the details of the plea bargain trumps that recommendation.

Marine gets no jail time in killing of 24 Iraqi civilians

95 posted on 01/24/2012 5:13:12 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
[ Post Reply | Private Reply | To 93 | View Replies]

To: xzins; RedRover; smoothsailing; jazusamo; Girlene
Here is Mark Walker's story, from the North County Times:

MILITARY: Wuterich reduced in rank, but jail term set aside

Marine Staff Sgt. Frank Wuterich was reduced in rank to private Tuesday after pleading guilty to one count of negligent dereliction of duty, ending the largest war-crimes prosecution to emerge from the Iraq war.

At the sentencing Tuesday, military judge Lt. Col. David Jones ordered Wuterich to serve 90 days in jail, but that was set aside under the terms of a plea agreement reached Monday. The details of the agreement were revealed after the judge rendered his sentence.

(Click link for rest of Walker's story)
_____________________________________________

The details of the agreement were revealed after the judge rendered his sentence.

Jones intended for Wuterich to do the max time in jail.
Jones is a worthless piece of shit.

96 posted on 01/24/2012 5:15:53 PM PST by Lancey Howard
[ Post Reply | Private Reply | To 94 | View Replies]

To: Lancey Howard

I don’t have the full story from Nat yet but my understanding is that SSgt Wuterich was given a sentence as a formality and incarceration was commuted by decision of the convening authority.

Like being sentenced in court and then having it instantly commuted.

This must have been part of the plea agreement. Details as soon as I have them!


97 posted on 01/24/2012 5:19:42 PM PST by RedRover
[ Post Reply | Private Reply | To 93 | View Replies]

To: jazusamo

Thanks for the reply. We almost cross-posted. I saw in Walker’s story the same thing you pointed out - - that sick, cowardly scumbag Jones wanted to bring the hammer down on Frank. That pre-approved plea agreement was a smart idea by the defense team, who could obviously see what a piece of shit Jones is.


98 posted on 01/24/2012 5:22:23 PM PST by Lancey Howard
[ Post Reply | Private Reply | To 95 | View Replies]

To: RedRover
...incarceration was commuted by decision of the convening authority.

If the "convening authority" was Jones, then he had nothing to do with it. That sick, cowardly scumbag apparently wanted Wuterich in jail for the max time allowable (90 days). See jazusamo's post @ #95.

99 posted on 01/24/2012 5:31:00 PM PST by Lancey Howard
[ Post Reply | Private Reply | To 97 | View Replies]

To: Lancey Howard; RedRover; jazusamo; smoothsailing; Girlene

Jones has me PO’d for the reduction to E-1.

The fact is that this was a buck sergeant’s first time in combat. The fact also is that Wuterich clearly said his intention in “shoot first, questions later” was to push his men to stay safe by staying on the attack and NOT to injure civilians.

A buck sergeant’s first time in combat, and he was saying something that is damn close to the ROEs which were “reasonable PID + protect personal safety”.

The combination of those two is far different that “absolute PID”.

It clearly puts the weight of the ROEs on the side of personal security and not on the side of risking your life to get a PID.

Any imbecile can see that, can read what was going on in this young buck sergeant’s mind, and can absolutely see that there was ZERO crime committed that day by SSgt Wuterich.

Patton would have given him a damn medal, and Lincoln would have given him a commission.

The US military, circa 2012, besmirches their honor and would prefer assigning all troops pink PJs and sensitivity classes to get in touch with their inner femininity.


100 posted on 01/24/2012 5:31:00 PM PST by xzins (Retired Army Chaplain and Proud of It! Pray Continued Victory for our Troops Still in Afghan!)
[ Post Reply | Private Reply | To 96 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100101-112 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson