Marine: Some civilian slayings were to be blamed on Iraqi army
By: MARK WALKER - Staff Writer | ∞
CAMP PENDLETON -- The first five of 24 Iraqi civilians killed in Haditha by a squad of Camp Pendleton Marines in 2005 were repeatedly shot by two sergeants who then agreed to blame the slayings on the Iraqi army, one of the shooters testified Wednesday afternoon.

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Sgt. Sanick Dela Cruz said he fired at the five men moments after Staff Sgt. Frank Wuterich unleashed a barrage of bullets at the group being held at gunpoint with their arms raised in the air.
"He made a mistake," Dela Cruz testified about Wuterich's actions. "He told me that if anyone asked, they were running away and the Iraqi army shot them."
That shooting took place shortly after a roadside bomb destroyed a Humvee, killing Lance Cpl. Miguel "TJ" Terrazas and injuring two other Kilo Company Marines from Camp Pendleton's 3rd Battalion, 1st Marine Regiment.
The five Iraqis had emerged from a car that drove up shortly after the bombing and were making no effort to flee, Dela Cruz said.
"They were just standing, looking around, had hands up," Dela Cruz said. "Then I saw one of them drop in the middle. I didn't know what was going on."
Dela Cruz said he decided to shoot because he assumed from Wuterich's actions that the men were a threat and he wanted to make sure they were dead.
Nineteen more civilians inside nearby homes also would die that Nov. 19 morning after the Marines concluded that insurgents were using them as a base of attack.
The appearance by Dela Cruz came on the second day of a hearing to determine if Capt. Randy Stone should stand trial on dereliction of duty charges for failing to fully investigate a suspected violation of the law of armed conflict in the aftermath of the slayings. Stone was the battalion's legal affairs officer.
Wuterich is charged with 13 counts of homicide for the men shot by the car and the deaths of eight people inside the homes.
Wuterich's attempt to cover up the shooting did not end with him, Dela Cruz testified. Wuterich later told his entire squad to say it was done by Iraqi forces, Dela Cruz said.
Dela Cruz, 24, also acknowledged urinating on one of the slain men several hours after the shooting and before the bodies had been removed, an act he said was borne out of rage.
"I know it was a bad thing," Dela Cruz testified. "I shouldn't have done it. But at that time I was angry because TJ had died and I pissed on one of their heads."
Prosecutors had charged Dela Cruz with five counts of murder but dropped the charges last month, saying his testimony outweighed his involvement. Lance Cpls. Stephen Tatum and Justin Sharratt also face murder charges for their roles in the killings inside the homes.
The high number of civilian deaths at Haditha was shocking to Kilo Company's first sergeant, Alberto Espinosa, who testified Wednesday morning that he believed an immediate investigation was required.
Espinosa said he became increasingly frustrated that no formal review appeared to be taking place.
"I just couldn't believe it, sir," Espinosa said in response to a question from Lt. Col. Paul Atterbury, one of three prosecutors handling the case against Stone. "It was just too many casualties."
Stone, 34, is one of four officers charged with dereliction of duty. The former battalion commander, Lt. Col. Jeffrey Chessani, faces similar charges.
Espinosa testified that one week after the incident, he initiated a conversation with Stone at the battalion's command center in Haditha because "I wasn't happy with the answers I was getting. I thought we needed to do an investigation."
Stone told him that a probe was taking place at the battalion level, Espinosa said, later adding that a sergeant major also said it was being addressed at a higher level.
Under questioning from Stone's attorney Charles Gittins, Espinosa said he was unaware of what reports were being filed at the battalion level.
Gittins also said a regimental commander had determined that the civilian deaths, which prompted worldwide condemnation when they came to light several months later, were "collateral damage" and that no investigation was necessary. The defense attorney's statement went unchallenged by prosecutors.
Outside of court, Gittins said several officers far above Stone's rank agreed in the days after the incident that no investigation was necessary. Asked why his client was charged and those men were not, the attorney suggested Stone is a scapegoat.
"They have no stomach to charge colonels and generals," he said.
Another witness who testified Wednesday, battalion Sgt. Maj. Edward Sax, said he was taken aback when he saw a March "60 Minutes" television interview of Wuterich in which the staff sergeant said he was uncertain that the people inside the homes ever fired at the Marines or were harboring insurgents. Wuterich's comments made it clear to him, Sax said, that the Marines had crossed a line.
"He had no reason to do it," Sax testified.
The case against Stone is the first to reach court in the Haditha incident. At the conclusion of the hearing, the Marine Corps officer presiding over the testimony will write a report recommending whether he believes Stone should stand trial.
This morning, Maj. Gen. Richard Huck, former commander of the 2nd Marine Division who commanded the Marines in Haditha in 2005, will testify via videoconference from the Pentagon where he is now working.
Hearings for the other Haditha defendants will take place at Camp Pendleton in the coming weeks.
-- Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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Concerned-1 wrote on May 9, 2007 10:39 PM:Now I guess we are going to hear a chorus of apologists who are going to make all sorts of excuses about how anything goes in war time. Sick, just Sick.
AW4cryinoutloud wrote on May 9, 2007 10:41 PM:This behavior by the military is unacceptable. This war was wrong from the start, and it is only getting worse. The sooner we leave Iraq the better off America and the rest of the world will be.
AW4cryinoutloud wrote on May 10, 2007 12:32 AM:Well, here we go again. This happened several weeks ago. The post at 10:41PM was NOT made by me. I don't know who the coward is who doesn't have the guts to speak for himself. Apparently he has no life of his own. If he has to live through me, that must mean that the truth gets to him and he can't handle it. Wouldn't mind if his thoughts were the same as mine, but they aren't. I guess the drill will be the same as before; he'll do it a few more times and I'll respond the same way I did before. How pathetic can this guy get?
been there done that wrote on May 10, 2007 4:23 AM:What a waste of life and my tax money Iraq is, both for us and the natives. Is Bush blind and deaf to what is going on there? I voted for him both times and regret it. Not one terrorist from 9/11 came from Iraq. There were no weapons of mass destruction there, they can't even maintain their tanks. No wonder the world hates us, we stick our nose in places it should not be. We have more than enough problems here in our own country, why do we try to fix other countries problems? Iraq vet just venting.
WAKE UP THIS IS WAR wrote on May 10, 2007 4:41 AM:When are people going to realize that this is War. Innocent people will die.My Son is there now and i hope that he also will fire first (if he thinks he is in danger) and asks questions later. Those people dont fight fair why should we. God Bless our Soldiers and God Bless the USA. In the end God will sort them out anyway. Lets stop having bleeding hearts. When they chopped off heads and when they place roadside bombs they dont care so why should we. Shoot and ask questions later. And for Gods sake quit prosecuting our Troops.
Rocky wrote on May 10, 2007 4:53 AM:How can anyone expect military soldiers to make flawless police in a war zone? I believe these charges should be droped. The larger crime could be found by tracking US tax money trail in and out of Iraq. It would be interesting to see what members of CMAT have now bursting bank accounts. How much and from what contractors did money come from to end up with al-Sader? How much US tax money is paying politicians, military leaders, construction owners and others to continue and expand this endless war?
Antidipwitchit wrote on May 10, 2007 5:14 AM:Let the Marines handle this. They will certainly hand out the appropriate punishment(s) for the crime(s), if any. For those who misguidedly believe that America will be "better off" once "we leave", I can only offer this last statement. Right now today we (the U.S. Military) are living and working in the enemy's country. This arrangement gives us some benefits that may not be readily apparent. One of those benefits is that we are tapped into the enemy's daily affair's. We know where, or if, they are training their soldiers, pilots, sailors, technicians, etc.. There is also invaluable collateral intelligence our enemy collects on their enemies. We get to learn volumes of info from that as well. For me to go any further would not be prudent, so I will end with this. To take our collective head out of the Iraqi sand, only to shove it right back into our own American sand.
harrowwoman wrote on May 10, 2007 6:17 AM:The acts of atrocity carried out by the forces occupying Iraq must never be condoned. The Iraqies trusted you with their lives and their country, which you then proceeded to destroy for the ultimate gain OIL.Their blood is on your hands for all time, live with it-they do.
Steve wrote on May 10, 2007 6:46 AM:Let me queue in on this one. As a former Marine I can tell you that when you are on guard 24 hours a day, wondering when you are going to step on something and get blown up. Wondering when one of these cowards will shoot you or come driving up in a car loaded to the gills with munitions. After a while your mind and patience just reaches its end and snaps. Anger then sets in on a level that is indescribable. You people forget one thing. Bottom-line the Marine Corp trains their people to kill the enemy. You can't expect these people to act rational when they are in a situation like this. If you do then you should do them a favor and take their place. I agree that killing without reason is dishonorable. These men should stand up and take the punishment. However we should not set judgment until we have walked a mile in their boots.
lastgraf wrote on May 10, 2007 7:56 AM:. This morning, Maj. Gen. Richard Huck, former commander of the 2nd Marine Division who commanded the Marines in Haditha in 2005, will testify via videoconference from the Pentagon where he is now working.
RedRover wrote on May 10, 2007 8:54 AM:To Concerned-1 No, I'm just going to say, let's wait for the cross-examination, and the defense's case.
OBSERVATON wrote on May 10, 2007 9:49 AM:This case is very interesting. Allegations of up close and personal murder of women and children need verification and investigation. New charges of conspiracy, negligence and dereliction of duty need to be made and investigated. The Armed Forces of the United States have always previously held themselves to higher moral standards and behaviors. The idea that things happen during war and that they are our lads means no culpability and no responsibility is unacceptable.
OBSERVATION wrote on May 10, 2007 11:26 AM:To: Antidipwitchit wrote on May 10, 2007 5:14 AM: from Observation. You state that we are working in the enemy's country and that we know how and when they are training their soldiers, sailors and pilots. Firstly, I thought that Iraq was now our ally. Secondly, we better know about the military. After all, are we not trainig them. As far as intel is concerned, if we know so much, why is so little produced?
Concerned-1 wrote on May 10, 2007 11:36 AM:The Marines are prosecuting their own in this trial. Who better understands what the troops go through. The outcome of this trial will be fair and just, and the truth will rule the day. To the clown using my name, your an ...
o2cool1 wrote on May 10, 2007 12:23 PM:To all Marines,Sailors and Army personel, don't re-enlist. You can go back to Iraq get paid 4 or 5 times what you currently make by being a contractor. Think of the up side, not only do you get paid a 6 figure income you're also not going to be put on trial or face prison time for killing innocent Iraqi civilians. Only those that serve this country in the armed services are subject to prosecution by the very government that put you smack in the middle of hell.
AW4cryinoutloud wrote on May 10, 2007 12:26 PM:This thing with Dela Cruz reminds me of the Ilario Pantano case. TOO many people had Pantano convicted before the defense ever got to present its case. It was later proven that the two men under him were lying. Now we have Dela Cruz who faced charges for 5 counts of murder, and the prosecution dropping all of the charges for his testimony. Does anyone really believe there's no coercion going on in this case? In all fairness to Dela Cruz, I'm NOT accusing. I just know that things are not always as they seem. I also know the abusive power of those over him. There has been a "pattern" in these cases from the start. When I go back to TIME Magazine, March 27, 2006, in McGirk's report he says, "The available evidence does not provide conclusive proof that the Marines deliberately killed innocents in Haditha. BUT -my caps- the accounts of human-rights groups that investigated the incident and survivors and local officials who spoke to TIME do raise questions....." Excuse me; BUT local officials didn't speak to McGirk. He was safe elsewhere while IRAQI's who were hired by TIME did the investigating and it then was sent or phoned in to McGirk. TIME stated there was no way to positively assure that they could trust those hired Iraqi's. Well, Hello! In the name of Truth and Justice, that right there should be a wake-up call to all of us when believing reports by the mainstream media in these cases. Our government failed miserably in understanding the enemy, but have no doubt; the enemy understands US. Hell! They don't have to attack us. We're doing it for them by acknowledging their propaganda and allowing our troops to be persecuted, by not standing up for our own countrymen. The pattern is the same in every case. It begins with accusations by the Iraqi 'so-called' witnesses, local officials, and there the Human Rights groups are nearby waiting like vultures to do their own unconfirmed investigation. Of course the FACT that the so-called witnesses reside in insurgent controlled towns makes no difference. Our leaders ignore the word of our Marines and jump right on the Human Rights group bandwagon, and then here it comes, team two of the vulture brigade... NCIS, always faithful (pardon the pun) and predictable with its inefficient, predetermined investigation and coercive interrogations. A gift to the American people all wrapped up, taped together by Congressman Murtha, and the Marine Corps' system of justice; the ribbon that ties it all together. One nice tidy package delivered to us, the American people.
Well, sure. wrote on May 10, 2007 12:59 PM:It's all the Iraqi's fault.
AEQUITAS ET VERITAS wrote on May 10, 2007 4:26 PM:The rants of 'AW4' are a web of fiction and hysteria based on some things she has read in the papers or saw on TV. It's just emotional raving and is not worthy of the slightest consideration. Let the Courtsmatial sort out the REAL facts and weigh the evidence. Certainly the outcome will not depend on the content of irrational blogs on here!!
AW4 is OK with Me wrote on May 10, 2007 6:27 PM:I'll take AW4 anytime over some of the moonbats who chant the mantra of the day of the Left...! She's feisty and does her homework and springs back from the sucker punches from the ID thief (maybe its idea of bravery? LOL.. weird but typical) We've had the prosecution viewpoint crammed down our throats by the media and Murtha and his cronies. Tainted witnesses, Iraqi stringers...it is a crock.
To Aequitas wrote on May 10, 2007 6:41 PM:Ha! Most newspapers (present company of NCTimes excluded)and TV are some of the worst offenders of relaying hysteria based, biased, false reports. But I agree with you that the real facts must come out!
Still faithful wrote on May 10, 2007 9:27 PM:I am still amazed by the amount of comments people leave convicting the Marines before they are proven guilty. You cannot judge what happened there by the standards of what happens here in America on a daily basis. Men, women and children are known to shoot, throw & carry bombs to kill servicemembers. It is a different world there. Ordinary Americans in ordinary lives cannot possibly understand the stress, conditions of living or working in a war zone. Some people go days without true sleep, months without being in a "real" world enviornment other than sand, extreame heat & cold, no true shower, clean clothes, talking to family, in a constant state of alertness for danger...for your death or your friend's death....these are just a few things that would make me weary. Some of these servicepeople are now going back 4 times or more. Do you seriously think these guys would have killed them for no reason? We are talking split second reactions. The officers obviously did not think so. They believed in their men, as they should. I would think that is why there was no investigation started in the "incident". The officers trusted the enlisted men to do their job. Is that not how things are supposed to work in battle? I'm not even in the military and that makes sense to me. But I also think there will be scapegoats and hell to pay...there are too many people who have been wanting to offer up these Marines and the Pendelton 8 as "peace" offerings for all the "war is wrong", military bashers, and Iraqi human right groups.
AW4cryinoutloud wrote on May 11, 2007 2:06 AM:To AEQUITAS ET VERITAS: Well; if it isn't someone using my blog name to misrepresent what I say, it's someone who has nothing more to do than insult me. No Big! I have a question for you; Why did you change Veritas et Aequitas to Aequitas et Veritas? It's supposed to be Verity and Equity or Truth and Justice. Perhaps in one's haste to insult another, one got turned around. My My, what hostility. As for the things I say; I hate to burst your tiny little bubble but, I get my information from the same sources as everyone else on these blogs. At least, those who really care about the truth. Do you read TIME, Newsweek, Military internet publications; Not Code Pink garbage. Have you researched the UCMJ, Warfighting, Manual for Courts-Martial, NCIS, Coercive Interrogation Techniques, Supreme Court Rulings, Plea Bargaining, Roe's, Counterinsurgency, Military Rules of Evidence, the Corroboration Rule, Article 32 Hearings, etc, etc...OH! Do you know that prior to convening a general court-martial, a pretrial investigation must be conducted? I know what you're thinking! Of course you know that. Good! Then answer me, in the Hamdania cases; why it is that if prior to convening a general court-martial, a PRETRIAL INVESTIGATION must be conducted...AN ARTICLE 32 HEARING...which is meant to assure there's a basis for prosecution, and if the accused is supposed to be afforded the opportunity to examine the evidence against him and to cross-examine witnesses (IRAQI's) and present his own arguments... WHEN has that happened??? All I've seen is the convening authority sitting on his butt allowing the prosecution and military judge to trample over the defense, who is denied every request necessary for that defense. All I've seen are plea deals made through coercion. All I've seen are sentences handed down. Pennington made a plea deal and got screwed into an 8 year sentence; far too excessive as compared to the others. What I have NOT seen is PROOF of anyone's guilt. You must have studied the UCMJ, right? then you know that there is supposed to be proof BEYOND A REASONABLE DOUBT. NOT ONE of the accused has been to trial. You call that VERITAS??? Explain it to me before I become hysterical and emotional please. Now the Haditha accused' get to go through the same thing. You said to let the court-martial sort out the real facts. OH, that's got to be a joke. Something derived from a stand-up comedy routine perhaps. There is no such thing as the FACTS being considered in any of these cases. There is no such thing as Veritas et Aequitas in this farce of military justice. There is only SHAME. I'll stop now before I get emotional!!!
AEQUITAS ET VERITAS wrote on May 11, 2007 11:44 AM:The pedantic and emotional diatribes of AW4 are a word salad of bits and pieces she has picked up here and there. Of course those Marines are presumed to be innocent at this point. The general court-martial is the proper and legal forum to determine the TRUE facts. The charges against the Marines constitute accusations of war crimes and if true, call for severe punishment. No more My-Lais, no more Abu Gharebs, no more atrocities at the hands of our own troops! We should not summarily dismiss such serious charges because of some animus held for the military hierarchy or because of a misplaced sympathy for the accused.
ONLY THE FACTS wrote on May 11, 2007 12:19 PM:Apparently this "AW4" person takes umbrage and flies into a rage with anyone who disagrees with her (him?). Those who react to others who disagree with them by hurling invective and personal insults degrade themselves causing most people NOT to take them seriously, but to dismiss them as disturbed and malicious. The accused Marines are being properly tried by a proper and legal court of law and have the right of appeal. More need not be said, except let the facts come out, whatever they may be!
CHALLENGED wrote on May 11, 2007 2:35 PM:Probably AW4 is developmentally challenged, receives public assistance and has uncontrolled anger issues. So it's best to not respond to her abrasive rages. Her need for mental health care is obvious.
AW4cryinoutloud wrote on May 11, 2007 3:14 PM:To aequitas: I used small type for a reason. It's called, lack of respect. My comments at 12:26PM on the 10th; all 18 lines of them, had NO personal insults or "diatribes" to you or any blogger. Yet, you; who accuse ME of it, seem to do it all too well. At 4:26PM you attack me personally. You had nothing constructive to say. The "diatribes" are coming initially from YOU. As I expected, you are always unable to answer my questions. You go off on a tangent of insulting me and calling me the one who "rants". Geeeze! Go back and read your crap. You are the Master of diatribe. You also seem to be related to "ONLY THE FACTS". Notice the amazing similarity in diatribe. It must be difficult to have nothing more to contribute than insults. When someone disagrees with me they're free to ask me to back up anything technical. Haven't seen you doin' that. FYI: There was never 'animus' for the military hierarchy before this sham of a military justice system became clear. There is no misplaced sympathy for the accused. There is great pride and faith in the accused. There is an overwhelming desire to see the accused treated with respect and dignity and fairness. I have not seen any of that since the first reports of the incidents in Hamdania and Haditha. Not by our assnine media (NCT excluded), our own military hierarchy, our politicians, and worst of all...citizens like you who salivate and lie in wait to see these Marines persecuted. YOU, and those like you, with your prejudging and hate of the ones who fight for us. You're all like a record with the needle stuck, over and over again, comparing these cases to Abu Ghraib or what happened in Nam. If you want to dwell on Abu Ghraib so much then why don't you read "The Lucifer Effect" and you'll have a better understanding of the reasons why. Read it and you'll understand NCIS and its abusive practices. Now are you happy? How's that "diatribe" for you???
AW4cryinoutloud wrote on May 11, 2007 3:19 PM:To:AEQUITAS, ONLY, and CHALLENGED: It's a little obvious that one idiot is having a Schizophrenic episode. SEEK HELP!!!
AW4cryinoutloud wrote on May 11, 2007 3:28 PM:To ONLY THE FACTS: Don't want your part of the Schizzo Trio to feel left out. If you go back to my comments at 12:26PM yesterday you'll see that I insulted NO one personally. The only insults that came from me were at 12:32AM. Those were directed at the retard who uses my blog name to misrepresent my views. Strange how you and your other two personalities come out of nowhere with your hysterical, paranoid comments to me. What's the problem. TRUTH too much for you to handle?
Jim wrote on May 13, 2007 7:53 AM:What is honorable or heroic about planning to blame your crimes on someone else? Believe me there are just too many here who would accept that crock without even gagging. These guys are real "low life" not heroes.
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