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September 5th, 2007 - Former Marine Indicted in Iraq Detainee Deaths

News article by the Riverside Press-Entreprise

Summary of the Falluja Killings

Former Marine Indicted in Iraq Detainee Deaths

 

By Sonja Bjelland

Riverside Press-Enterprise

September 5, 2007

 

A federal grand jury has indicted an Iraq war veteran and former Riverside police officer accused of killing two unarmed detainees while on duty in Fallujah.

 

The indictment comes as the next step in the federal case against Jose Luis Nazario Jr., a former Marine. He and another Marine are accused in the deaths of detainees in November 2004, when U.S. and Iraqi military forces were attempting to clear the city of insurgents.

 

Nazario is being charged in federal court rather than a military court because he is no longer in the armed forces, according to the indictment. He was discharged Oct. 11, 2005, the indictment said.

 

After leaving the military, Nazario joined the Riverside Police Department. He was still a probationary officer when the department let him go the day he was arrested.

 

The same week that federal charges were filed against Nazario, Marine Sgt. Jermaine Nelson was charged in military court with murder of an unknown foreign national.

 

The investigation involved the same company of Camp Pendleton Marines accused in the killings of 24 civilians in Haditha, Iraq, on Nov. 19, 2005. Murder charges remain against two Marines in that case, according to The Associated Press.

 

The grand jury indictment against Nazario, filed late Tuesday, listed two counts of voluntary manslaughter.

 

He is scheduled to return to federal court in Riverside on Wednesday to enter a plea. He remains out of custody on $50,000 bond. He has previously said he is innocent of the allegations.

 

Douglas Applegate, one of Nazario's attorneys, said he had not seen the indictment. He said the case would be interesting because a civilian court would be asked to rule on "what occurred in a combat firefight three years ago -- presumably without any physical evidence."

 

Last month, a Naval Criminal Investigative Service agent filed an affidavit and criminal complaint in federal court that included witnesses saying that Nazario either killed the insurgents or ordered their deaths. The witnesses' names were not released.

 

According to witness statements in federal court documents, Nazario's squad searched a home on Nov. 9, 2004, because people in the home had been shooting at Marines. They detained four insurgents and found AK-47 rifles and ammunition, according to the affidavit.

 

During a radio conversation with a superior, Nazario said the four insurgents were not dead. He was told to "make it happen," and all four detainees were shot to death, the documents stated.

 

External link: http://www.pe.com/localnews/inland/stories/PE_News_Local_H_nazario06.3fdc13d.html

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