Officer: Drop Murder Charge Against Marine

Soldier Should Not Stand Trial For Murder Of 17 Iraqis In Haditha, Says Investigating Officer

(CBS/AP)  An investigating officer has recommended that the Marine at the center of the biggest prosecution of U.S. troops in the Iraq war should not stand trial on murder charges, a defense attorney said Thursday.

Staff Sgt. Frank Wuterich, 27, of Meriden, Conn., is charged with the unpremeditated murder of 17 Iraqis in Haditha in 2005. The former squad leader allegedly directed his Marines in an assault that left 24 men, women and children dead.

Lt. Col. Paul Ware recommended that Wuterich should be tried for the lesser offense of negligent homicide in the deaths of five children and two women, said Neal Puckett, Wuterich's attorney.

Ware reviewed evidence against Wuterich in a preliminary hearing known as an Article 32. His recommendation is nonbinding, and the final decision about whether Wuterich should stand trial rests with Lt. Gen. James Mattis, the commanding general overseeing the case.

If Mattis accepts the recommendation for Wuterich and a similar one for one of his corporals, which appears likely based on past practice, no one will face murder charges in the biggest case involving civilian deaths in Iraq.

"We're both very pleased and also not surprised, given how the other cases have gone," Puckett said. "There has never been any inkling that any of these Marines lost control or went on a rampage."

In an interview earlier this year, Wuterich told 60 Minutes correspondent Scott Pelley that he’s not a murderer.

"Everyone visualizes me as a monster -- a baby killer, cold-blooded, that sort of thing. And, it's, you know, that’s not accurate,” he said.

Wuterich said he does not believe 24 dead civilians equates to a massacre.

"No, absolutely not ... A massacre in my mind, by definition, is a large group of people being executed, being killed for absolutely no reason and that’s absolutely not what happened here," he said.

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Read the entire interview here.

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Ware also recommended dropping charges of making a false official statement and telling a squadmate to do the same, Puckett said.

If tried and convicted of murder, Wuterich would face a maximum sentence of life in prison. Puckett said negligent homicide carries a maximum sentence of three years for each count.

A Marine Corps spokesman, Lt. Col. Sean Gibson, declined to comment.

Of four enlisted Marines initially accused in the case, charges have been dropped against Sgt. Sanick Dela Cruz and Lance Cpl. Justin Sharratt. Ware has also recommended charges be dismissed against the third alleged shooter, Lance Cpl. Stephen Tatum.

Charges also have been dropped against two of four officers accused of dereliction of duty for failing to investigate the incident. Lt. Col. Jeffrey Chessani, the highest-ranking of the officers, has been recommended for a court-martial, but Mattis has made no final decision. Another officer, 1st Lt. Andrew A. Grayson, is scheduled for a pretrial hearing.

The killings occurred Nov. 19, 2005, after a roadside bomb hit a Marine convoy, killing the driver of a Humvee and wounding two other Marines. Wuterich and Dela Cruz allegedly shot five men by a car at the scene, then Wuterich ordered his men into several houses, where they cleared rooms with grenades and gunfire killing unarmed civilians in the process.

Haditha is in Anbar province, the heart of the Sunni resistance, where, among the residents, anti-American passions run high. In the months before Wuterich’s unit arrived, other Marines were suffering some of the heaviest causalities in all of Iraq, including the bombing of an armored vehicle that killed 14 Marines. Days before that, six Marines in Haditha were ambushed, tortured and killed, Pelley reported.

As Wuterich’s battalion moved in, it discovered the dilemma that defines Iraq. In Haditha, the population is generally hostile to Americans, but only some are armed fighters. The fighters blend in. You can’t pick them out unless they’re shooting at you.

Wuterich told Pelley that he ordered his men to throw a grenade into the houses out of necessity.

"At that point, you can’t hesitate to make a decision,” he said. “Hesitation equals being killed, either yourself or your men.”

"But when you roll a grenade in a room through the crack in the door, that’s not positive identification, that’s taking a chance on anything that could be behind that door," Pelley pressed.

"Well that’s what we do. That’s how our training goes," Wuterich said.

At his preliminary hearing, Wuterich said he regretted the loss of civilian life in Haditha, but said he believed he was coming under fire from the homes and so was operating within military combat rules when he ordered his men to assault the buildings.

[prinzowhales]

Let''s bring this bent creature back Stateside, give him a badge and a gun and let him protect you at...an Arizona airport...the officer can come to...to cover for him there.....Maybe, we''ll have the opportunity to read all about Officer Wutterich negligently murdering the wife and children of Lt. Colonel Ware one day as he attempts to apprehend a drug dealer at the wrong address.

[Krazcarl]

BRIANBWB...We ARE in agreement. I was told by former military people the reason they don''t prosecute these cases it they don''t want to go up the line to the officers.I''ve said this before but the problem is sorry leadeship there are no great generals in this war just slackers waiting on a pension total abseance of leadership.

[brianbwb-2009]

Where does the blame lie? A bunch of doubledamn standards it seems.
Posted by simpleguy234,

I agree, but I might add that Wuterich is not a 5 year old, he knew full well what he was doing, but now wants to hide behind the semantics of "it wasn''t a massacre, because we only killed 17" unarmed and innocent civilians.

Just as in a "mafia hit", the person who pulled the trigger and the person who gave the order are both responsible, but the trigger man is even more so. "I was just following orders" went out at Nuremburg.

Ultimately Bush created the scenario, so he is ultimately responsible, but the D.C. corruption is too thick to do anything about him, but we should at least hold Wuterich responsible for his actions.

[Krazcarl]

We are teaching our young to kill indiscremenatly I''m troubled. Now we see why Sadam was ruthless. We need to leave enough have died for little or nothing.

[simpleguy234]

""Wuterich said he does not believe 24 dead civilians equates to a massacre."

Regardless of what Wuterich "believes" he should stand trial for murder. His attempt to redefine the English language in order to escape responsibility for his actions is transpatently the act of a coward. 1, or 100, massacre or no, the numbers do not excuse the severity of the crimes, they murdered civilians, in cold blood, and must be subject to law as relevant to murder.

If we are so corrupt as to let a mass murderer walk free because we don''''t like the religion, ethnicity, or nationality of the victims, then we are as evil than even those who demonize us posit. "

Posted by brianbwb at 12:15 AM : Oct 05, 2007

In any job, the employer is responsible for the EMPLOYEE''S actions..correct???? Military rules, International Laws, BLAH BLAH BLAH. Kill under what circumstances? What is OK and what is not? Give my 5 year old boy a gun and then blame HIM for what he does with it????!?!?!? It would be MY fault right? Hmmmm...... Where does the blame lie? A bunch of doubledamn standards it seems.

[antoniof123]

Oh wait I forgot one thing go Hillary, go Barrak, go John, I will vote for one of you before I vote for the corrupt lairs every again.

[antoniof123]

To the GOP = Greed over Principle you are no longer part of the Republican party please get a new name for your selves Abe is rolling over in his grave. By the way Abe was a liberal dumb morons you can''t hide anymore. In 1994 we were dissatisfied with the Democrats but now we are just plan pissed at you if you think are memories short you might want to think about how many former Republicans are pissed too.

[antoniof123]

To the GOP = Greed over Principle you are no longer part of the Republican party please get a new name for your selves Abe is rolling over in his grave. By the way Abe was a liberal dumb morons you can''t hide anymore. In 1994 we were dissatisfied with the Democrats but now we are just plan pissed at you if you think are memories short you might want to think about how many former Republicans are pissed too.

[brianbwb-2009]

"Wuterich said he does not believe 24 dead civilians equates to a massacre."

Regardless of what Wuterich "believes" he should stand trial for murder. His attempt to redefine the English language in order to escape responsibility for his actions is transpatently the act of a coward. 1, or 100, massacre or no, the numbers do not excuse the severity of the crimes, they murdered civilians, in cold blood, and must be subject to law as relevant to murder.

If we are so corrupt as to let a mass murderer walk free because we don''t like the religion, ethnicity, or nationality of the victims, then we are as evil than even those who demonize us posit.

[gkc99]

"Jews who created this whole atrocity when they blew up the world trade center to blame the Arabs."--Posted by zootallures2

Those pesky Jews again! You are a fruitcake, Turk.

I don''t think many Jewish boys are named Muhammed.