The War Profiteers - War Crimes, Kidnappings, Torture and Big Money

 

March 18th, 2008 - Marine Charged with Murder over Fallujah Death: Military

News article by Agence France Presse

News article by North County Times

Summary of the Falluja Killings

Marine Charged with Murder over Fallujah Death: Military

 

By Agence France Presse

March 18, 2008

 

Los Angeles - A third US Marine has been charged with murdering a prisoner during fierce fighting in the Iraqi town of Fallujah four years ago, military officials said Tuesday.

 

Sergeant Ryan Weemer has been charged with murder and dereliction of duty following a report by the Naval Criminal Investigative Service, the US Marines announced from their base at Camp Pendleton near San Diego, California.

 

The charges relate to Weemer's alleged involvement in the death of a detainee in Fallujah on November 9, 2004.

 

Another Marine from Weemer's unit, Sergeant Jermaine Nelson, was charged with murder last year in connection with the death of a detainee.

 

A third soldier, Jose Nazario, is being tried in civilian courts in California on manslaughter charges in connection with the shooting deaths of two Iraqi prisoners. Nazario, who denies the charges, is awaiting trial.

 

While few details about the Fallujah case have been revealed by the military, media reports said Marines shot dead several Iraqi prisoners during the battle for the city.

 

Newspaper reports have said as many as eight insurgents were shot dead after being captured. Under military law, the killing of a captured enemy combatant who does not pose a threat is treated as murder.

 

The probe is the third high-profile war crimes case involving Marines from the corps' Camp Pendleton base.

 

Four Marines face charges ranging from manslaughter to dereliction of duty in connection with the killing of 24 Iraqi civilians in the town of Haditha in November 2005.

 

In a separate investigation, seven Marines and a Navy medic have faced charges over the murder of an Iraqi in the town of Hamdania in April 2006.

 

Copyright © 2008 AFP. All rights reserved.

 

External link: http://afp.google.com/article/ALeqM5jJf7GPGmS9lYUF-wTHCNI4_t3NGQ


Marine charged in 2004 insurgent killings

He’s the third man accused in shooting of unarmed detainees

 

Mark Walker

North County Times

March 18, 2008

 

Camp Pendleton - A reservist who told the Secret Service that he knew of unlawful killings during a fight for the city of Fallujah in 2004 has been charged with murdering an insurgent detainee, the Marine Corps announced Tuesday.

 

Sgt. Ryan Weemer is the third man facing homicide charges in the incident that allegedly occurred during the height of the battle for the insurgent-held city on Nov. 9, 2004.

 

Weemer, an Illinois native, was recalled to duty earlier this month and served with the charges on Monday, officials said.

 

Already facing charges in the case are Marine Sgt. Jermaine Nelson and former Marine Sgt. Jose Nazario Jr.

 

Nazario's attorney, Kevin McDermott, said he believed recalling Weemer from reserve status and charging him with murder was an attempt to get Weemer to testify against his client and Nelson in exchange for having the charges against him dropped.

 

"They're trying to squeeze a deal out of him," McDermott said of Marine Corps prosecutors during a telephone interview Tuesday. "They don't have any forensic evidence whatsoever, so they have to do something that will make their case look halfway credible and convincing."

 

Efforts to reach Weemer's attorney, Paul Hackett of Ohio, were not immediately successful.

 

The case emerged last year after Weemer made his comments to a Secret Service interviewer during a job interview, authorities have confirmed. The Secret Service reported what Weemer said to the Justice Department, which in turn notified the Department of the Navy.

 

In August, the U.S. attorney in Riverside County filed two counts of involuntary manslaughter against Nazario for allegedly killing two of the detainees his Camp Pendleton squad had captured.

 

Nazario is being prosecuted as a civilian under a little-used federal statute. The case is being handled in civilian court because he was no longer subject to being recalled to active duty as was Weemer. Nazario, who faces up to 10 years in prison if convicted, is slated to go on trial in July.

 

One month after Nazario was charged, Sgt. Jermaine Nelson was charged with unpremeditated murder. Nelson faces a hearing at Camp Pendleton within a few weeks to determine if the case against him will move ahead to court-martial.

 

In a heavily redacted affidavit released last summer, Naval Criminal Investigative Service Special Agent Mark Fox wrote that the investigation showed Nazario and other Marines from the 3rd Battalion, 1st Marine Regiment's Kilo Company captured the insurgents during house-to-house fighting.

 

Fox alleged that Nazario shot two insurgents in the head and directed Marines under his command to shoot two other Iraqis.

 

"Who else wants to kill these guys, because I don't want to do it all myself," Nazario is quoted as telling his Marines, according to the Fox affidavit.

 

The affidavit also states that Nazario told an unidentified Marine the squad needed "to take care of them" so the unit could complete its assignment of moving to the city center.

 

"We can't be here all day," he allegedly said. "You know what has to be done."

 

A Marine Corps spokesman, Lt. Col. Sean Gibson, said Tuesday the incident remains under investigation. Neither Weemer nor Nelson is in custody and each must report for daily duty at the Camp Pendleton, Gibson said.

 

McDermott said prosecuting the killing of unknown insurgents on the basis of a statement of one man sends a dangerous message.

 

"You would think in this day and age of a 'CSI' nation that a statement alone would be insufficient," he said, refererring to the popular TV crime drama. "Since there is no statute of limitations, a grandfather could be sitting around in 2028 talking about what his experiences were in Afghanistan or Iraq in 2008 and wind up facing charges."

 

Fallujah became a flash point after insurgents ambushed and killed three Blackwater Security civilian contractors, later hanging their corpses from a bridge in March 2004. U.S. forces left the city shortly thereafter at the request of the Iraqi government.

 

Six months later, U.S. troops returned and launched a massive fight to retake the city. The resistance was overcome by late December and several Camp Pendleton Marines were later honored with awards, including two Navy Cross citations for valorous actions during the fighting.

 

Ninety-five U.S. servicemen were killed and more than 600 were wounded. An estimated 1,350 insurgents were killed and 1,000 captured.

 

While the military's rules of engagement were loosened during the battle, the law of armed conflict makes it a crime to kill captured enemy combatants.

 

External link: http://www.nctimes.com/articles/2008/03/19/news/top_stories/14_29_963_18_08.txt

Back to news & media - year 2008

Back to main archive

Back to main index