Marine Ordered to Stand Trial in Fallujah Killings
SAN DIEGO - A Camp Pendleton Marine sergeant was ordered Friday to stand trial on charges of unpremeditated murder and dereliction of duty in the killing of an unarmed detainee in Fallujah, Iraq.
Lt. Gen. Samuel Helland ordered the court-martial of Sgt. Ryan Weemer after finding there was sufficient evidence to send him to trial.
Weemer is one of three current and former Marines accused of breaking rules of engagement and killing four men they had captured after a platoon commander radioed to ask whether the Iraqis were "dead yet."
A telephone message left by for Weemer's attorney, Paul Hackett, was not immediately returned.
The killings occurred in November 2004 during the invasion of Fallujah, one of the fiercest ground battles of the Iraq war.
The case came to light in 2006, when Weemer volunteered details to a U.S. Secret Service job interviewer during a lie-detector screening that included a question about the most serious crime he had ever committed.
Weemer, of Hindsboro, Ill., is charged with one count of murder and six counts of dereliction of duty encompassing failure to follow the rules of engagement in Fallujah and failing to follow standard operating procedures for apprehending or treating detainees or civilian prisoners of war.
Helland's decision to order the court-martial follows an Article 32 hearing, similar to an evidentiary hearing, where prosecutors argued that Weemer, a burly 25-year-old honored with a Purple Heart, should be tried for unpremeditated murder because he knew the rules of engagement forbade harming anyone in his custody.
"I don't think it is anything that was unexpected," Weemer's attorney, Paul Hackett, said of Helland's decision. He said he expects Weemer to be exonerated.
During the hearing last month, prosecutors played a tape recording of the Secret Service interview where Weemer recounted arguing with his squadmates about what to do with the detainees - all military-age males captured in a house where weapons were also found. The squad was under pressure from the platoon to get moving.
Marine Corps spokesman Lt. Col. David Griesmer said Weemer next faces arraignment on the charges at Camp Pendleton. A date has not been set.
Helland, the commanding general of the 1st Marine Expeditionary Force and Marine Corps Central Command, followed the recommendations of Maj. Glen Hines, the investigating officer, to order the court-martial.
Weemer's attorney has put much of the blame on Weemer's former squad leader, saying Jose Nazario Jr. escalated the situation inside the house by beating one detainee with the butt of a rifle after the weapons cache was found.
"Sgt. Weemer acted in self-defense," Hackett said. "We strongly believe there is credible evidence to show that."
Nazario, 27, of Riverside, Calif., was charged with two counts of voluntary manslaughter in the killings of two captives, but a spokesman for federal prosecutors said Friday that the charges changed with a superseding indictment handed down in June.
The former sergeant is now charged with one count of voluntary manslaughter for allegedly killing or causing others to kill four unarmed detainees, along with one count of assault with a deadly weapon and one count of discharging a firearm during a crime of violence. The charges were filed in federal court because he has already completed his military service.
Nazario has pleaded not guilty; his trial is set to begin Aug. 19.
Nazario's attorney, Joseph Preis, said they were puzzled by the enhanced weapons charges.
"We are very disappointed by this, and find it incredibly ironic that the same government that put the rifle in his hand is now seeking to up the ante because of his alleged use of that rifle," Preis said.
"We've got to remember that everybody in Fallujah had a rifle, good guys and bad guys, and to single out Sgt. Nazario for the alleged use of that rifle in the charged offense really paints the picture of what the government seeks to do here."
Another Marine, Sgt. Jermaine Nelson, 26, of New York is slated to be court-martialed in December on charges of unpremeditated murder and dereliction of duty for his role in the alleged killings.
Although he has not entered a formal plea in military court, Nelson's attorney has repeatedly said his client was innocent.
Nelson and Weemer had both been jailed in June for contempt of court for refusing to testify against Nazario before a federal grand jury believed to be investigating the case. Both were released July 3 and returned to Camp Pendleton.
© 2008 The Associated Press
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19 Comments so far
Show AllMy heart goes out to all of the men and woman serving in our armed forces. Especially those serving in Afghanistan and Iraq. We have placed these young men and women in a very difficult situation. Most of which have performed admirably. Many things could be said about the men they are fighting and the things they have done. Bottom line, war will always be a brutal and violent undertaking. If a country is not prepared to accept the carnage that goes with sending combat units into another country to impose their will, then don't send them. Why are we there? Freedom, democracy, to free these people of a murderous dictator? I don't think so. Oil, I say again OIL....You know that stuff that fuels your car. That sleek shiny thing that you wash and wax on the weekends, that gets your fat lazy, hamburger eatin ass back and forth to work. WE NEED TO GET OFF OF OIL. LET THEM DRINK THEIR OIL. IF WE DIDN'T NEED THEIR OIL WE WOULDN'T BE OVER THERE. OUR MEN AND WOMEN ARE OVER THERE BECAUSE OF YOU AND I. There are literally millions of people who's first thought when they wake in the morning, is will I have enough food to feed my children. We as Americans, live such gluttonise spoiled lives. We should be ashamed. This is so much bigger than one Marine's alleged crime.
What about that video tape of the US "Soldier" murdering the defenceless wounded Iraqi who was lying on the ground?
I mean, it was on videotape!!!..he walked up to the guy, aksed another soldier what was up with thios guy, then shot him point blank in the face!!
that is MURDER..and the sorry sack of shit who did it is a poor excuse for a soldier....he is probably working for as a merc already.
Were the detainees "dead yet?"
Detainees wrists are nylon zip-tied, they are made to sit, face a wall with hands on head etc., ergo 'detainees,'
Chelsea needed to throw down and use the E word,
EXECUTED.
"Are they dead yet?"
apparently, according to one of the soldiers attorneys, the "good guys" were the guys who destroyed Falluja with napalm and 500 pound bounds, the guys who sniped ambulances and bombed the women out and terrorized hospitals, the guys who committed a genocidal campaign similar to what occurred in Srebrenica.
The soldier facing a jury not made up of his "comrades", but in a federal court, is more likely to be punished, likelier the man who will undergo court martial. But who knows, sympathetic jurors may feel the deeply entrenched notion, as a result of propaganda, of the need to support the troops, whether or not they are in the military still or not.
Does anybody else think that the Bush administration's condemnation of Russian agression nauseating, especially given that the US probably supported Georgia's attempted seige of S.O.?
decrepittex, yes, George Bush is such an incredible hypocrite, preaching to Russia about Georgia being a "sovereign" country and it shouldn't have been attacked --- like Iraq WASN'T?!?
Bush is so dumb that when he first heard about it, he thought Russia had attacked Georgia in the U.S.
Now he's preaching to China about human rights, like the U.S. under his reign hasn't committed war crimes, crimes against humanity, torture, etc. What world does he live in?
Speaking as a former Marine of the Vietnam era, the Marine Corps was totally corrupt then, and there is no reason to believe it is otherwise now. Vietnam ws an illegal war of aggression, and so is this one.
Since the only people who will ever know the truth about this incident are the Marines who were there that day/night and the victims, no one else will ever know the truth.
For those who have never been in the same situation, they will never understand---for those of us who do; we cannot judge except for this: you commit an act of this kind, you can expect the highest level of command to forget you and cover themselves--if it ever becomes public---the only answer then is simple.
Do not put yourself in these types of situations in the first place. This Marine, and all of the others were participating in an illegal war of aggression, every other member of the "Corp" there "in land" are as culpable as this Marine; they all are violating international law.
Since they all will not be charged this should be a lesson to the other members: cover your ass, and go immediately to your first member of the chain of command, and REFUSE TO SERVE ANY FURTHER IN THIS ILLEGAL WAR. You will "go up" the chain, and you must maintain your level of commitment throughout the entire process.
Eventually you will no doubt be charged with
refusing a "lawful order", but these orders are not lawful, and you are not required by the Military Code of Conduct to obey an unlawful order. Sound confusing? It is supposed to be, but this is exactly how 2nd Lt. "Smith", learns to become General Smith, he follows orders, "covers his ass", and thinks little or nothing about charging others FOR following his "illegal/unlawful orders"------when they result in these kinds of activities.
When you become a US Marine, you are considered an active member of the "Worlds Finest Fighting Force" which carries with it the highest level of professionalism in the area of Mercenaries. If you are a "Professional", then you should expect much from "yourself". It was the same in 1776 when US Marines wore leather collars, to protect their throat from being slashed by the swords of the sailors of the ships they were boarding; it is the same now when they have laser sights, on their automatic weapons.
This Marine here in the article is there because he followed an illegal order to fight in an illegal war---he is basically on his own now; Good Luck "little brother".
For all of the other Marines: learn from the mistakes of others.
On the legal level, I could be charged with Sedition for this posting. I am willing to accept that and will act as my own defense if charged. As for now, I urge every member of the US Military to stand down and refuse any further participation in this illegal war of aggression; for my brother Marines, I expect the same from you that I would give and that is----refuse any and all illegal orders with all of the will and force you have available to you. You will not be alone; I will be there with you, in spirit if not in person; and there just may be other Marines who will follow suit; if not, so what; you have yourself to live with for the rest of your life. I hope it will be a long life.
Semper Fidelus
"Sgt. Weemer acted in self-defense," Hackett said. "We strongly believe there is credible evidence to show that."
Anyone remember that South Park episode about "Free Hat"? Where the baby killer got off because he only killed the children in self-defense?
In any jurisdiction with any self-respect, killing unarmed prisoners in "self-defense" would stand self-accused as a confession of cowardice. How is it that the US Marines now regard cowardice as justifiable behavior?
Somebody please get onto the appropriate independent media journos and get them asking this sort of question - it needs to be asked.
Poet: didn't they try that during the Abu Ghraib scandal? Saw how much that worked.
The supposed lesson of Nuremburg was that a soldier could't hide behind his superiors and that the culpability for his part in war crimes rested on him.
Ol' Semper Fi will get a laughable sentence and be back out on the streets in no time. Probably will be hailed as a hero by his hometown folks.
America has reduced two countries to rubble and Bush is telling the Russians to "stop it" in Georgia. Does he not
realize how arrogant and stupid that sounds to the rest of
the world?
lillilu -- yes and the people who drop the bombs, some by remote control no less, get medals not court martials, oh but it's okay because they're 'smart' bombs
Going after a low-level grunt again. Okay, it's a beginning, maybe during his defense he can bring out the complicity of the entire chain of command up to and especially including the civillian political appointees--I'm talking about you Sanchez, Feith, Cambone, and Wolfowitz--if tis justice they seek, may justice be fully served.
ein volk, ein vaterland, ein Fuehrer!
Sad how history repeats itself, isn't it.
correction: "ambulances"
He'll just get a slap on the wrist, if that much. The U.S. has a blank check to drop bombs on and kill anyone with impunity --- children, babies, grandmothers, grandfathers, mothers, fathers, wedding parties, schools, hospitals, ambulences, you name it.
Considering that the top two (and most rotten) apples are Cheney/Bush and they seem able to pardon themselves, you will see either another whitewash, or a grunt will get it for doing what the high command wants.
If Cheney/Bush were standing in orange jumpuits, in handcuffs and leg irons before the Hague, most of the rest of this stuff would fall into place.
Meanwhile, it is just scapegoating and whitewash (and billions in profits for those in the know, or in the loop) and the wars and the atrocities go on.
Still worrying about bad apples, poor upper level management will spoil the whole crop. Nobody wants to admit or to prosecute command failure.
Just like any organization, if you have good upper level management lower level management will be good. Conversely if lower level management is poor it is indicative that upper level management is poor.
"unpremeditated murder and dereliction of duty in the killing of an unarmed detainee in Fallujah, Iraq."
Just the one? It hardly seems worth the bother...
...and one by one these homocidal charges will be reduced to insignificance in America as it is in Israel. Amen.
The revolving door of military justice turns slowly-- but fortunately for the accused, the prospects are excellent that he'll come out the other side without a scratch.
Don't you know there's a war on?