Assault charges dropped against lieutenant in Hamdania case
By: MARK WALKER Staff Writer | ∞
CAMP PENDLETON ---- Criminal assault charges against a Marine Corps officer for his alleged treatment of insurgent detainees in Iraq have been withdrawn but he will face administrative punishment for mishandling interrogations and could be discharged from the service.
Special Report
View the Defense Statement (.doc)
The Marine Corps announced Tuesday that the assault charges against 2nd Lt. Nathan Phan were withdrawn last week by order of Lt. Gen. James Mattis, who is the convening authority over the case as head of Marine Corps forces in the Middle East.
"We are certainly happy this case is being resolved," David Sheldon, Phan's lead attorney said Tuesday during a telephone interview. "Lt. Phan is obviously pleased and relieved."
Phan, 24, commanded a platoon from Camp Pendleton's 3rd Battalion, 5th Marine Regiment in the Iraqi village of Hamdania last year. Eight men under his command were charged in June with the slaying of a retired policeman in Hamdania in April 2006, a killing that Phan was not accused of participating in or having any knowledge of before it occurred.
The investigation of the homicide case led to Phan being charged in August with three counts of assault and filing a false statement. The charges accused the Sacramento-area native of taking part in the beating of three insurgent detainees in the weeks before the homicide and misleading commanders on whether one of the detainees was still in his custody.
Following a five-day hearing at Camp Pendleton in January, Phan was ordered to court-martial on two of the assault charges that have now been dismissed.
Sheldon said he believed the Marine Corps dismissed the criminal complaint because Phan's conduct was intended solely to protect his troops and extract information from known insurgents.
"I think Gen. Mattis looked at all of the circumstances and evidence the government could muster and saw that Lt. Phan's conduct never should have gone to the level of a court-martial," Sheldon said.
Phan wants to stay in the Marine Corps and will resist any effort to have him dismissed from the service, Sheldon said.
As part of his deal with prosecutors, Phan admitted he exceeded "the permissible limits of the official rules of engagement regarding interrogation of insurgents," Sheldon said in a written statement.
He also acknowledged ordering Marine Sgt. Lawrence Hutchins III, a defendant in the homicide case, to use a choke hold on a known insurgent and pointing an unloaded pistol at another detainee.
Phan will be required to testify at upcoming hearings and trials for three remaining defendants in the homicide case if called. Five of the eight men charged have reached plea deals and were sentenced to jail terms ranging from 12 months to eight years.
In addition to the possibility of being dismissed from the Marine Corps, Phan faces up to 30 days restriction to quarters and a forfeiture of one month's pay. He could have been sentenced to 10 years in prison and a dishonorable discharge if convicted of the criminal assault charges.
During a tumultuous hearing in January, several enlisted Marines testified that the Naval Criminal Investigative Service fabricated statements implicating Phan in the assaults.
Sheldon said he views the withdrawal of the criminal case a repudiation of the Naval Criminal Investigative Service. He also said it was a clear rejection of the determination of the Marine Corps officer who presided over Phan's initial hearing and then recommended he be tried for three counts of assault, the false reporting and conduct unbecoming an officer.
The hearing officer, Lt. Col. William Pigott of Yuma, Ariz., will be back at Pendleton next week to preside over a hearing for a Marine officer charged with wrongdoing arising out of the slaying of two dozen Iraqi civilians in Haditha in 2005, an incident unrelated to the Hamdania homicide and assault cases.
That case involves another group of Pendleton Marines, and Pigott will conduct what is known as an Article 32 hearing for Capt. Randy Stone, a battalion legal officer accused of dereliction of duty in how he handled the initial reports of those deaths.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com. Comment at nctimes.com.
More Stories
Advertisement
Great! wrote on May 1, 2007 10:41 AM:Now lets pardon the others! This is nuts! these Marines need to be released!
Yes! Let realease the enlisted guys! wrote on May 1, 2007 10:43 AM:If its good for the Officers, its good for the enlisted! Why are they playing favorites with the officers! Sove the enlisted Marines under the bus, while the oofficers gets nothing! None of them should have been charged! What a waste of tax paper money!
Jock wrote on May 1, 2007 1:01 PM:Spraying a soft drink up someone's nose saying it was acid is not necessarily a minor event. In Mexico, corrupt police were famous for the old soft-drink-sprayed-up-the-nose-trick for their favorite prisoners. I am told when the carbonated bubbles go up into the sinus, the explosions are like bombs going off. After the first treatment the only thing needed to get the cooperation of a prisoner is to walk into the room with a can of soda pop. 2nd Lt Phan is not the type of Marine officer I was used to when I served during the Viet Nam era.
Thanks wrote on May 1, 2007 1:32 PM:Thank you Jock for sharing your experience and insights. There is so much effort to deny and/or minimize the nature of the allegations; it is helpful to have some perspective to put it into context.
AW4cryinoutloud wrote on May 1, 2007 2:30 PM:The prosecution has "accused" Phan of several things unproven. The prosecution has "accused" several Marines of things unproven. Accusations do NOT make it so.
John1 to Jock wrote on May 1, 2007 4:04 PM:Oh puh-LEEZE. Putting Dr. Pepper up someone's nose is NOT akin to putting "bombs" in one's sinus. General Mattis is not known for fairness nor mercy. He dropped the charges because his SJA staff told him the USMC would LOSE this case flat out.
Bulldog wrote on May 1, 2007 4:40 PM:Let's stop crucifying our Marines and let them do their job. One bomb drop from a B-52 wiped out more Iraqis than a few rogue GIs could ever think about doing.
Jaycee wrote on May 1, 2007 5:38 PM:You cannot win a war by being politically correct. Do the terrorists fight fairly? Let's support our military. I wonder how many American "war criminals" there were in WW2. Without them, we would have lost! This government needs a dose of common sense!
Troop Supporter wrote on May 1, 2007 6:46 PM:Thanks at 1:32 wants to put things into his own context and seems ready to give Jock a PhD in Chemistry and a Judge position from Jock's hearsay and non-experience about soft drinks up the nose. To some people, being chased on a playground is torture or being first one out in Musical Chairs. I do not equate soft drinks up the nose with real torture. Where was the outrage by people like Thanks when several of our soldiers, our American sons, were BRUTALLY TORTURED and dismembered? Do they remember that? No, they remember underwear on some terrorist's head.
MorallyRight1 wrote on May 1, 2007 11:05 PM:A step in the right direction (for once). Now that didn't hurt so bad did it? And it actually means that justice might be served here. But don't stop here either. Let's not forget the three remaining heroes from the Hamdania incident still incarcerated. Do the right thing again, and release these men. You might find you will sleep better at night.
To MorallyRight1 wrote on May 2, 2007 8:17 AM:Your right about it being a step in the right direction, but there are more than just three sitting in the brig, even though they have plea deals this is in no way over for them. I pray for all of them. And for those that are yet to face trial,God be with you and your families.
John1 to "To Morally Right1" wrote on May 2, 2007 9:15 PM:MR1's heart is set against the Marines at Miramar's Brig. But as the father of one of those brave grunts, I thank you for your thoughts and prayers. Jackson, Shumate, Pennington and my beloved son JJ are all still strong Marine riflemen. As Chesty Puller said, "Show me the real Marines, take me to the Brig"
First name only. Comments including last names, contact addresses, e-mail addresses or phone numbers will be deleted. Attempts to misrepresent your identity or impersonate any person will not be approved. All comments are screened before they appear online, so please keep them brief. Comments reflect the views of those commenting and not necessarily those of the North County Times or its staff writers. Click here to view additional comment policies.
Today's Stories
Advertisement