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Killing of Iraqi Civilians Index

Killings Database – Year 2004

 

 

The Falluja Killings of November 9th, 2004

 

Background

Media Reports

Court Documents

Military Reports

Photo Credits

 

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)

 

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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 2009 Media Reports File

The 2008 Media Reports File

The 2007 Media Reports File

The Jose Nazario Criminal Case File

 

 

Recent Media Reports

 

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

 

The 2009 Media Reports File

The 2008 Media Reports File

The 2007 Media Reports File

 

 

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

 

The Jose Nazario Case File

 

 

Military Trials & Reports

 

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

 

Photo Credits

 

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;

 

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