SAN DIEGO, Calif., Dec. 7, 2007

Marine Charged Again With Fallujah Murder

Sgt. Charged A Second Time After Previous Charges In Death Of Detainee Were Dismissed

  •  (AP / CBS)

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(AP)  A Marine was charged for a second time with murdering a detainee three years ago in Fallujah, Iraq, the military announced Friday.

Sgt. Jermaine A. Nelson was charged with murder and dereliction of duty, charges that were earlier dismissed to give a general more time to review the case.

Nelson is the second person charged in the case that centers on allegations that a Marine squad shot a group of unarmed captives during heavy fighting in November 2004.

Squad leader Jose Nazario, 27, has been charged with one count of voluntary manslaughter in the killing of two captives. Because he completed his military service, the former sergeant faces charges in federal court.

Phone calls to a Marine spokesman were not immediately returned. Nelson has not been appointed a Marine attorney, and it was unclear if he had hired a civilian attorney.

The killing on Nov. 9, 2004 came after troops took fire from insurgents hiding in a Fallujah house. The man was captured after the squad entered the building.

Nazario placed a call on his radio and was asked "Are they dead yet?" according to the federal criminal complaint against him.

When Nazario responded that the captives were still alive, he was told by the Marine on the radio to "make it happen." The captive was shot.

Defense lawyers for Nazario have attacked the case for a lack of physical evidence.

Lt. Gen. James Mattis tossed the original charge brought by prosecutors against Nelson so he could review the evidence. But Mattis left his post at Camp Pendleton to take over as commander, U.S. Joint Forces Command, in Norfolk, Va., and it was not immediately clear if he ever signed off on the charges.

The case came to light when a former corporal from the squad, Ryan Weemer, applied for a job with the Secret Service. Investigators claim Weemer described the killings during a polygraph test that included a question about whether he had participated in a wrongful death. Weemer has not been charged with any crime.

The troops were assigned to 3rd Battalion, 1st Marine Regiment, 1st Marine Division at the time.

A year after the alleged shootings, a different squad from the same company was involved in the killings of 24 civilians in Haditha, Iraq. Nelson, Nazario and Weemer are not connected to that case.

© MMVII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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Add a Comment See all 17 Comments
by ivandrago December 10, 2007 7:34 PM EST
While I''m fairly sure that this guy is as guilty as sin, I think it''s terribly unfair that the military can keep trying anybody (soldiers, insurgents) for the same crime over and over again. This almost certainly means they''ll get the desired ruling eventually. I''m against legal do overs.
Reply to this comment
by pastdue1 December 9, 2007 10:00 PM EST
The marines get tried and the CIA goes scot free. I imagine most of the detainees would have rather been shot than tortured.
Reply to this comment
by libsluvsuvs December 9, 2007 4:06 AM EST
at this point in history.. I would say from my observation i made concerning the DNC...the UN ..the EU and the liberal masses..

3 had abandoned that LIBERAL PRESUMPTION (THEY PRESUME TO THE POINT THAT THEY REALLY WORSHIP THE IDEA) that the marines..our MILITARY are bloodthirsty killers and these islamic radical militants and thier perverted islamic ideology are the poor innocent victims..VICTIMIZED TO THE POINT that we should just bend over and get what we deserve..
THE ONLY ONE REMAINING IS YOU AND A SMALL BAND OF MERRY LIBERAL MEN who is still getting a rise over that idea.
Reply to this comment
by libsluvsuvs December 9, 2007 4:01 AM EST
your whole imperialistic program rests on an infrastructure constructed by liberals...They gave you the FED, the Income tax and the kind of Big Government that can undertake foreign wars and empire building...they gave you the taxes and the means of credit creation to pay for them...''''Dey put the whole world...in the neo cons hands...'''' Where would you and your fellow fever-browed keyboard commandoes be if the Liberals hadn''''t created the Hegelian super state for you to drive into the dirt?

Posted by Prinzowhales at 08:01 PM : Dec 08, 2007
+ report abuse

*********************************

HAHAHHAHAHHAHAHAHAHHHAHAHAH!!! that is the most creative thinking bullSH8t I ever heard...the LIBERAL DO WHAT??? they cant even go past the WHINNING let alone do anything....liberals cannot creat..THEY WHINE. MOAN, BITC H FOR SOMEBODY TO CREATE IT....

LET ME GUESS..THE LIBERALS ALSO CREATED SLICED BREAD...AHAHAHAHHAHAHHAHAHAHAHAHHAHAHAHAHHAHAHAHHAHA
Reply to this comment
by libsluvsuvs December 9, 2007 3:55 AM EST
Posted by Nancy_Naive at 07:31 PM : Dec 08, 2007
+ report abuse

*****

al franken and micheal moore is alive and well..getting rich off people like you..the difference..they know where to draw the line..you dont..off to some training camp somehwere in middle east???
Reply to this comment
by prinzowhales December 8, 2007 11:01 PM EST
libsluvsuvs--I wouldn''t be so quick to criticize liberals if I were you...Your whole Neo-con agenda... your whole imperialistic program rests on an infrastructure constructed by liberals...They gave you the FED, the Income tax and the kind of Big Government that can undertake foreign wars and empire building...they gave you the taxes and the means of credit creation to pay for them...''Dey put the whole world...in the neo cons hands...'' Where would you and your fellow fever-browed keyboard commandoes be if the Liberals hadn''t created the Hegelian super state for you to drive into the dirt?
Reply to this comment
by libsluvsuvs December 8, 2007 4:13 PM EST
it is time to really look into these radical liberal fundemntalists..I would not be suprised if they are trying to get in contact with any terrorist cells so they can assist in any attacks, intel gathering and propaganda..after seeing how venomous these liberals are getting in their defense..its just a matter of time before they are willing to be in alliance for one common ground..THE DESTRUCTION OF THIS COUNTRY.
Reply to this comment
by libsluvsuvs December 8, 2007 3:43 PM EST
Yes...Fellow...Zombies...Always...Trust.
..Soldiers...
Always...Trust...Police..
.Government Good.....
Occupation....Goooood....Good in Occupied France....
Good in Soviet Union...Good in Nazi Germany...Good in Bush America...Let them do their jobs....May I have another Taze?

Posted by Prinzowhales at 10:30 AM : Dec 08, 2007
+ report abuse

*****

oh no its "bahgdad rose"....
Reply to this comment
by prinzowhales December 8, 2007 1:30 PM EST
Yes...Fellow...Zombies...Always...Trust...Soldiers...
Always...Trust...Police...Government Good.....
Occupation....Goooood....Good in Occupied France....
Good in Soviet Union...Good in Nazi Germany...Good in Bush America...Let them do their jobs....May I have another Taze?
Reply to this comment
by libsluvsuvs December 8, 2007 5:46 AM EST
Posted by Nancy_Naive at 08:55 PM : Dec 07, 2007
+ report abuse

**********************

do you think that these US Marines killed this captives becuase THEY WERE JUST BLOOD THRISTY?? or do you think its a necessity considering the situation they are in??
Reply to this comment
by red1530 December 7, 2007 10:43 PM EST
Is this not double jeopardy?
Reply to this comment
by my2centss December 7, 2007 9:44 PM EST
We should trust that our soldiers made the right decision in their judgment rather than always trying to find a way to prosecute them. They are defending us and ask nothing in return. Shouldn''t we do the same for them?
Reply to this comment
by libsluvsuvs December 7, 2007 6:56 PM EST
to say that Sgt. Nelson was on patrol..decided to take ''captives'' by just selecting them out of the crowd..take to the back of the barn and put a slug into thier heads..NOW THAT IS CRIMINAL..

but the real situation does warrant it.
Reply to this comment
by libsluvsuvs December 7, 2007 6:54 PM EST
"Nelson is the second person charged in the case that centers on allegations that a Marine squad shot a group of unarmed captives during heavy fighting in November 2004."

warfare and the necessity to remain alive has an overwhelming effect on people. If am the sargent in charge of the squad..my men are in heavy enemy fire.engaged in return fire..I have a bunch of captives..captives that will try to turn the tide at every chance they get..I would not risk it. Its brutal..its immoral (warfar is immoral) but I would not allow the odds to turn against me.
Reply to this comment
by libsluvsuvs December 7, 2007 6:46 PM EST
Wouldn''''t give it a second thought if it had been you as the detainedee.

Regards,


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Posted by Nancy_Naive at 03:26 PM : Dec 07, 2007
+ report abuse


***********

goes to the argument..never trust a terrorist and a liberal. I would not doubt it for a second if osama would offer an alliance with these radical left winged nutjobs..they would inflict damage on americans and american properties..
Reply to this comment
by hambonehd December 7, 2007 6:23 PM EST
You got to be kidding!
IF, and that''s a BIG IF, they did - big deal!
You think the other way around would even give it a second thought?
Reply to this comment
by adra_ December 7, 2007 5:27 PM EST
I bet if anyone looked past the ABC propaganda, the comment "lack of physical evidence" would play a huge part. At this point, three years later, everyone has been playing CYA a little to long.
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