|
The
War Profiteers - War Crimes, Kidnappings & Torture |
|
The Falluja Killings of November 9th,
2004 |
|||||||||
|
|
|||||||||
|
|
|||||||||
|
Newest media report: Nelson Gets Reduction in
Rank for Fallujah Killing (30/9/2009/North
County Times) Newest legal document: Judgment of Discharge (28/8/2008/USA vs. Jose Luis Nazario Jr.) Newest military report: Marine Pleads Guilty in
Fallujah Investigation (30/9/2009/USMC
Iraq Investigations) |
|||||||||
|
|
|||||||||
|
|
|||||||||
|
|
|||||||||
|
Background -
November 9th, 2004 “A former Marine sergeant, who until last week was
serving as a Riverside police officer, pleaded not guilty Thursday to
voluntary manslaughter charges in the killing of unarmed prisoners in Iraq in
2004. Jose Luis Nazario Jr., 27, who appeared Thursday in a U.S. District
Court in Riverside, is accused of killing two unarmed men in Fallouja on Nov.
9, 2004, during a battle to clear the city of insurgents. Flanked by his
lawyers, Nazario, in a stiff black suit, appeared somber as he spoke briefly
to reporters outside the federal courthouse. ‘I’d just like to say that I’m a
United States Marine who fought honorably for my country and I’m innocent of
these charges,’ Nazario said. The criminal complaint against him states,
‘Defendant Jose Luis Nazario Jr., in the heat of passion caused by adequate
provocation, unlawfully and intentionally killed two unarmed male human
beings, without malice.’” Excerpt of a Los Angeles Times article from August 17th,
2007. |
Accused of killing unarmed Iraqis: Jose
Nazario |
||||||||
|
|
|||||||||
|
The Falluja Killings Document Archive The Jose Nazario Criminal Case
File |
|||||||||
|
|
|||||||||
|
September 30th, 2009 - Nelson Gets Reduction in
Rank for Fallujah Killing 1 news
article from North County Times September 29th, 2009 - Defendant Admits Killing, Pleads
Guilty to Dereliction of Duty 1 news
article from North County Times September 29th, 2009 - Murder Charge Dropped in Iraqi
Detainee Killing 2 news
articles from the Associated Press & Agence France Presse September 13th, 2009 - Closing the Book on a Dark
Chapter in Iraq 1 news
article from North County Times |
|||||||||
|
|
|||||||||
|
Criminal
Proceedings/Recent Filings Case File: Criminal Proceedings against
Jose Luis Nazario |
|||||||||
|
Defendant |
Pleading |
Main Charges |
Trial Verdict |
||||||
|
Jose
Luis Nazario Jr. |
Not Guilty on all Charges |
Manslaughter (Count 1 & 2) |
August 28th, 2008: Not Guilty |
||||||
|
USA v. Jose Luis Nazario Jr. U.S. District Court for the Eastern
Division/Riverside of California Case No.: 5:07-mj-00244-DUTY-1
(Magistrate judge case number) Case No.: 5:07-cr-00127-SGL-1 Recent Proceedings & Filings August 28th, 2008 - Judgment of Discharge “[…] In the presence of the attorney for the government and defendant,
Jose Luis Nazario, Jr., who appeared in person with counsel […] on August 28,
2008. “It appearing that the defendant named in paragraph one above is now
entitled to be discharged on all pending counts of the First Superseding
Indictment for the reason that: “[…] the jury has returned its verdict, finding the defendant not
guilty. […]” August 28th, 2008 - Minutes Of Jury Trial “[…] 6th Day held before Judge Stephen G. Larson as to
Defendant Jose Luis Nazario, Jr. Jury polled. Verdict reached. Jury finds:
Jose Luis Nazario Jr (1) Not Guilty on Count 1s,2s,3s. Bond exonerated as to
Defendant Jose Luis Nazario, Jr. […]” August 26th, 2008 - Minutes of Jury Trial “[…] 5th Day held before Judge Stephen G. Larson as to
Defendant Jose Luis Nazario, Jr. Government and Defendant reast. Motion No. 84
argued by counsel is denied. Motion for judgment of acquittal is denied.
Closing arguent made. Court instructs jury. Bailiff sworn. Alternates
excused. Jury retires to deliberate. Jury Trial continued for 8/28/2008 09:00
AM before Judge Stephen G. Larson. Counsel ordered present for bench
conference on 8/27/08, at 9:00 a.m., regarding Jury Note #1. […]” August 26th, 2008 - List of Exhibits and
Witnesses |
|||||||||
|
|
|||||||||
|
September 30th, 2009 - Marine Pleads Guilty at
General Court-Martial in Fallujah Investigation Report by the U.S.
Marine Corps, Camp Pendleton Media Center “[…] Yesterday at Marine Corps Base Camp Pendleton, Sergeant Jermaine
A. Nelson, plead guilty at a General Court-Martial to violating two
specifications of the Uniform Code of Military Justice Article 92 (dereliction
of duty). “Specifically, Sgt Nelson plead guilty to dereliction of duty for:
failing to follow the rules of engagement by shooting a detained person in
his custody; and, failing to follow basic detainee handling procedures. “Today, the military judge awarded Sgt Nelson the following sentence:
150 days confinement and reduction in rank to E-3. “As part of the Pre-Trial Agreement (PTA), the convening authority
agreed to suspend any adjudged punitive discharge, confinement, and
forfeitures. In addition, the charge to which Nelson plead not guilty to, was
withdrawn and dismissed. “Nelson was charged with unpremeditated murder and dereliction of duty
for the alleged unlawful killing of an unknown unarmed detained person during
combat operations in Fallujah, Iraq Nov. 9, 2004. Nelson was assigned to 3rd
Battalion, 1st Marine Regiment, 1st Marine Division at the time. […]” April 9th, 2009 - Verdict Announced at
General Court-Martial in Fallujah Investigation Report
by U.S. Marines Forces Central Command & Marine Corps Base, Camp
Pendleton “[…] The court-martial panel rendered a verdict today in the case of Sgt. Ryan G. Weemer
for his alleged involvement in the death of an unknown detained person in
Fallujah, Iraq, Nov. 9, 2004. “Weemer was found not guilty of unpremeditated murder and dereliction
of duty. “Weemer was charged with unpremeditated murder and dereliction of duty
for the alleged unlawful killing of an unknown detained person during combat operations
in Fallujah, Iraq Nov. 9, 2004. Weemer
was assigned to 3rd Battalion, 1st Marine Regiment, 1st Marine Division at
the time. Under the Uniform Code of Military Justice, two-thirds of the
court-martial panel must vote guilty to render a guilty verdict. […]” August 8th, 2008 - Charges Referred to
General Court-Martial for Marine in Fallujah, Iraq Investigation Report
by U.S. Marines Forces Central Command & Marine Corps Base, Camp Pendleton “[…] Lt. Gen. Samuel Helland, Commander, U.S. Marine Corps Forces
Central Command referred charges against Sergeant Ryan G. Weemer for the
alleged unlawful killing of an unknown unarmed detained person during combat
operations in Fallujah, Iraq Nov. 9, 2004. “The charges referred against Weemer are unpremeditated murder and
dereliction of duty. Weemer was assigned to 3rd Battalion, 1st Marine
Division at the time. […] “ May 14th, 2008 - Charges Referred to
General Court-Martial for Marine in Fallujah, Iraq Investigation Report
by U.S. Marines Forces Central Command & Marine Corps Base, Camp
Pendleton “[…] Lt. Gen. Samuel Helland, Commander, U.S. Marine
Corps Forces Central Command referred charges against Sergeant Jermaine A.
Nelson to a general court-martial
Monday for the alleged unlawful killing of an unknown unarmed detained person
during combat operations in Fallujah, Iraq Nov. 9, 2004. “The charges referred against Nelson are unpremeditated
murder and dereliction of duty. Nelson was assigned to 3rd Battalion, 1st
Marine Division at the time. […]” March 18th, 2008 - Charges Preferred Against Marine
in Fallujah, Iraq Investigation Report
by U.S. Marines Forces Central Command & Marine Corps Base, Camp
Pendleton “[…] Based on findings of a Naval Criminal
Investigative Service investigation, charges of murder and dereliction of
duty were preferred today against Sgt. Ryan G. Weemer for his alleged
involvement in the death of a detained individual during combat operations in
Fallujah, Iraq on Nov. 9, 2004. “Weemer was assigned to 3rd Battalion, 1st Marine Regiment,
1st Marine Division at the time. […]” December 7th, 2007 - Charges Preferred Against
Marine in Fallujah, Iraq Investigation Report
by U.S. Marines Forces Central Command & Marine Corps Base, Camp
Pendleton “[…] Based on findings of a Naval Criminal
Investigative Service investigation, charges of murder and dereliction of
duty were preferred Thursday against Sgt. Jermaine A. Nelson for his alleged
involvement in the death of a detained individual during combat operations in
Fallujah, Iraq on Nov. 9, 2004. “Nelson was assigned to 3rd Battalion, 1st Marine
Regiment, 1st Marine Division at the time. […]” September 12th, 2007 - Charges Against Marine
Dismissed Report
by U.S. Marines Forces Central Command & Marine Corps Base, Camp
Pendleton “[…] Charges against Sgt. Jermaine A. Nelson for the
alleged unlawful murder of an unknown foreign national were dismissed without
prejudice Monday. Charges were preferred against Nelson Aug. 16, 2007 for his
alleged involvement in the unlawful killing of an unarmed prisoner during
combat operations in Fallujah, Iraq Nov. 9, 2004. “Lt. Gen. James Mattis, Commander, U.S. Marine Corps
Forces, Central Command, was designated Aug. 24, 2007 as the consolidated
disposition authority for cases related to the alleged incident. This was
done to ensure fairness and consistency in the military justice process. Lt.
Gen Mattis dismissed the charges so he could evaluate the ongoing Naval
Criminal Investigative Service investigation and determine appropriate action
as the new consolidated disposition authority for the case “The Marine Corps is committed to a thorough
investigation of what is alleged to have taken place in Fallujah, and every
possible avenue of information will be followed. A Marine, Sailor, or other
service member who is suspected of violating the Uniform Code of Military
Justice is entitled to the presumption of innocence. Due process and the
rights of affected individuals will be protected. Nelson was a member of
Company K, 3rd Battalion, 1st Marine regiment at the time of the alleged
incident. […]” |
|||||||||
|
The Accused |
|||||||||
|
Jose Nazario |
Ryan Weemer |
Jermaine Nelson |
|||||||
|
|
|||||||||
|
Background 1)
Jose Luis Nazario during his federal court appearance - August 16th,
2007 - Press Enterprise/Associated Press; The Accused 1)
Jose Nazario - undated - U.S. Marine Corps; 2)
Ryan G. Weemer - undated - U.S. Marine Corps; 3)
Jermaine A. Nelson - late 2004 - U.S. Marine Corps; |
|||||||||
|
Back to the Second
Gulf War/Iraq Invasion II Back
to the Falluja Chronicles Back to U.S.
Department of Defense |
|||||||||
