October 5, 2007
A Marine Corps investigating officer has recommended that the squad leader of a group of Marines who killed two dozen civilians in Haditha, Iraq, face charges of negligent homicide instead of murder, after concluding that he did not demonstrate criminal intent.
Staff Sgt. Frank D. Wuterich, 27, is charged in the slayings of 17 people in a residential neighborhood on Nov. 19, 2005, after his Marine unit was attacked with a roadside bomb, one of the most notorious criminal cases to arise from the Iraq war.
Though Iraqi civilians and some members of Congress at first alleged that the Marines massacred the civilians, Wuterich is the only Marine to be singled out for trial by the investigating officer.
Should Lt. Gen. James N. Mattis, the commanding general in the case, agree to pursue the lesser charges, Wuterich would face a maximum of three years in prison for each count, instead of potential life sentences, if convicted.
Lt. Col. Paul Ware recommended a trial on the lesser charges because the evidence points to Wuterich's failing to "exercise due care" in his own actions and in supervising his Marines, rather than criminal intent to commit murder, according to an official who is familiar with Ware's report and agreed to disclose parts of it on the condition of anonymity.
Ware found the evidence in a preliminary court hearing to be "contradictory" and some witnesses to be "wholly incredible."
In the military criminal justice system, a negligent-homicide charge would allege that, as a result of recklessness, Wuterich wrongfully killed people or supervised those who wrongfully killed people.
Ware wrote that he believes even the case for negligent homicide is weak. He previously recommended that pending charges against another Marine in the case be dropped; a third Marine was cleared in the shootings.
"Although I believe the government will fail to prove beyond a reasonable doubt that he committed any offenses other than dereliction of duty, due to the serious nature of the charges I recommend referral to a general court martial," Ware wrote.
Wuterich and the other Marines were accused of killing a group of men who were in a car near the bombing site before going through nearby homes and killing men, women and children. Wuterich has maintained that he did not shoot inside the houses. Ware concluded that the killings of the men near the car were "reasonable and lawful under the circumstances presented" to Wuterich, because the Marines suspected they were insurgents.
Mark Zaid, a civilian lawyer in Washington who represents Wuterich, said yesterday that he views the recommendation as "a positive step forward" and that the defense team is prepared to respond to Mattis's decision.
"In the Haditha case, it is now clear that the initial beliefs of a massacre were completely unfounded," said Zaid, who is helping Wuterich sue Rep. John P. Murtha (D-Pa.) over comments he made last year. "It was an irresponsible disgrace for anyone to have prejudged the actions taken by the Marines that day."
Military law experts said the Haditha cases show that military prosecutors continue to have a difficult time winning convictions for the deaths of Iraqi civilians on the battlefield. A Washington Post analysis of such cases shows that 69 U.S. troops have been charged with crimes in connection with civilian deaths in Iraq, resulting in 12 convictions for murder or voluntary manslaughter and three for negligent homicide.
"I think it's very difficult to secure convictions in a battlefield environment," said David Sheldon, a military law expert and defense lawyer in Washington. "It's very difficult for soldiers in the rear who are looking at soldiers in combat, under fire, to make a conclusion that that person intended to kill wrongfully."
Staff researcher Julie Tate contributed to this report.
Reduced Charges Urged in Iraq Case Homicide Counts Recommended in Haditha Killings
By Josh White Washington Post Staff WriterA Marine Corps investigating officer has recommended that the squad leader of a group of Marines who killed two dozen civilians in Haditha, Iraq, face charges of negligent homicide instead of murder, after concluding that he did not demonstrate criminal intent.
Staff Sgt. Frank D. Wuterich, 27, is charged in the slayings of 17 people in a residential neighborhood on Nov. 19, 2005, after his Marine unit was attacked with a roadside bomb, one of the most notorious criminal cases to arise from the Iraq war.
Though Iraqi civilians and some members of Congress at first alleged that the Marines massacred the civilians, Wuterich is the only Marine to be singled out for trial by the investigating officer.
Should Lt. Gen. James N. Mattis, the commanding general in the case, agree to pursue the lesser charges, Wuterich would face a maximum of three years in prison for each count, instead of potential life sentences, if convicted.
Lt. Col. Paul Ware recommended a trial on the lesser charges because the evidence points to Wuterich's failing to "exercise due care" in his own actions and in supervising his Marines, rather than criminal intent to commit murder, according to an official who is familiar with Ware's report and agreed to disclose parts of it on the condition of anonymity.
Ware found the evidence in a preliminary court hearing to be "contradictory" and some witnesses to be "wholly incredible."
In the military criminal justice system, a negligent-homicide charge would allege that, as a result of recklessness, Wuterich wrongfully killed people or supervised those who wrongfully killed people.
Ware wrote that he believes even the case for negligent homicide is weak. He previously recommended that pending charges against another Marine in the case be dropped; a third Marine was cleared in the shootings.
"Although I believe the government will fail to prove beyond a reasonable doubt that he committed any offenses other than dereliction of duty, due to the serious nature of the charges I recommend referral to a general court martial," Ware wrote.
Wuterich and the other Marines were accused of killing a group of men who were in a car near the bombing site before going through nearby homes and killing men, women and children. Wuterich has maintained that he did not shoot inside the houses. Ware concluded that the killings of the men near the car were "reasonable and lawful under the circumstances presented" to Wuterich, because the Marines suspected they were insurgents.
Mark Zaid, a civilian lawyer in Washington who represents Wuterich, said yesterday that he views the recommendation as "a positive step forward" and that the defense team is prepared to respond to Mattis's decision.
"In the Haditha case, it is now clear that the initial beliefs of a massacre were completely unfounded," said Zaid, who is helping Wuterich sue Rep. John P. Murtha (D-Pa.) over comments he made last year. "It was an irresponsible disgrace for anyone to have prejudged the actions taken by the Marines that day."
Military law experts said the Haditha cases show that military prosecutors continue to have a difficult time winning convictions for the deaths of Iraqi civilians on the battlefield. A Washington Post analysis of such cases shows that 69 U.S. troops have been charged with crimes in connection with civilian deaths in Iraq, resulting in 12 convictions for murder or voluntary manslaughter and three for negligent homicide.
"I think it's very difficult to secure convictions in a battlefield environment," said David Sheldon, a military law expert and defense lawyer in Washington. "It's very difficult for soldiers in the rear who are looking at soldiers in combat, under fire, to make a conclusion that that person intended to kill wrongfully."
Staff researcher Julie Tate contributed to this report.