Report suggests dropping charges against officer in Haditha case

By: TERI FIGUEROA - Staff Writer | Sunday, June 10, 2007 7:50 AM PDT

Capt. Randy W. Stone

CAMP PENDLETON ---- A military hearing officer has recommended that a Marine captain accused of failing to probe the deaths of 24 Iraqis in Haditha should not face court-martial, the captain's attorney said Saturday.

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Capt. Randy W. Stone is charged with dereliction of duty for failing to investigate the Nov. 19, 2005, deaths that came in the aftermath of a roadside bomb attack that destroyed a Humvee, killing one Marine and injuring two others.

Charles Gittins, the civilian attorney representing Stone, said Maj. Thomas McCann is recommending dismissal of the criminal charges because the evidence does not support them.

McCann oversaw Stone's Article 32 hearing, which is akin to a preliminary hearing or a grand jury investigation in civilian courts.

Gittins said McCann also suggested that Stone's case be handled administratively, instead of through military criminal courts.

McCann's report is only a recommendation. It will be sent to Lt. Gen. James Mattis, who will make the final decision in the case as head of Marine Corps forces in the Middle East and as commander of Camp Pendleton's I Marine Expeditionary Force.

McCann's recommendation comes slightly more than three weeks after the conclusion of Stone's seven-day hearing.

On May 15, near the end of that hearing, Stone in an unsworn statement to McCann, said he attributed the fatalities to combat, and that he never had a reason to believe a war crime had been committed.

"My firm belief ---- that there was no law of armed conflict violation ---- was the foundation for what actions I did take as well as action I did not take," Stone told McCann.

The 34-year-old native of Dunkirk, Md., was the legal affairs officer for Camp Pendleton's 3rd Battalion, 1st Marine Regiment in Iraq at the time of the killings, which took place at the hands of troops from the unit's Kilo Company.

Stone faces more than two years in jail if he is sent to court-martial and convicted.

If his case is handled with an administrative, or nonjudicial, punishment, it would not result in a criminal conviction. Punishments could include having his pay cut in half for two months, 60 days restriction to the base, 30 days home confinement and a formal reprimand.

In closing arguments at the end of the investigative hearing three weeks ago, prosecutor Lt. Col. Paul Atterbury contended Stone needed to be held accountable for failure to investigate a suspected violation of law, a suspicion that didn't arise until several weeks later when a Time magazine reporter said he had reason to believe a massacre had taken place.

Atterbury also argued that Stone needed to serve as a moral compass for the battalion and therefore should have known to conduct at least a preliminary inquiry.

During his closing summation, Stone's attorney, Gittins, argued that none of the testimony showed Stone knew anything beyond the first account given by the Marines who would ultimately face murder charges in the killings. That account indicated that the civilians were "collateral damage" killed during the course of a combat action and no investigation was necessary.

The first civilians to die that day were five men who drove up in a car immediately after the bombing. An additional 19 civilians ---- including two women and five children ---- died afterward, when the Kilo Company troops stormed three nearby homes because of suspicions the bomb triggerman and other insurgents were inside.

The Marine Corps initially said that 15 civilians died in crossfire and that eight insurgents had been killed.

Despite that first report, when the Marines were charged nine months later, the service said that 24 civilians were killed and did not identify any of the victims as suspected insurgents.

On Monday, an Article 32 gets under way for Lance Cpl. Justin Sharratt, one of three Marines accused of being triggermen in the slayings.

Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.

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6 comment(s)[-]Go to Top

AW4cryinoutloud wrote on Jun 10, 2007 1:46 AM:How in the world would investigators know NINE MONTHS LATER whether or not any of the dead were insurgents? Among all the qualities of NCIS, who is accountable to NO one, I guess now we're to believe they're psychic. TIME magazine, May 29, 2006, report from Baghdad, says the Iraqi's; one (a journalist and Human Rights worker) who took the video of bodies "days after" the incident, and the hospital's Iraqi Doc (who couldn't keep his own story straight), were especially impressed with NCIS, who took all the survivors to the homes and did a mock-up (from Iraqi's) of the Marines movements. Fascinating that NCIS would rely on these people and not the word of the Marines. These so-called witnesses wouldn't allow bodies to be exhumed. With NO corroborating evidence (Required under the UCMJ) I guess NCIS decided to just "wing it". My favorite statement is from one of the so-called witnesses who said that a Marine said to him, "I have been sent here personally by President Bush to make sure that justice is done." Wonder if the President is aware that he is supposed to have personally sent a Marine? The best part of it all is that the "insurgents" put out pamphlets in Haditha congratulating those who participated in exposing the dirty deeds of the Americans. Name of the insurgent group: Islamic Resistance - a cover for the terrorist group Ansar al-Sunnah. All public record. TIME's story was cited in websites and Internet bulletin boards known to be used by insurgent groups. So, those who have already judged our Marines, you can thank Iraq, Hammurabi Human Rights, NCIS and TIME magazine. Oh shucks! Let's not forget to give old Murtha his due. Why is there no investigation into the leaks from the Pentagon and into Murtha's inflammatory, unlawful comments? The Iraqi journalist says at the end of TIME's article that a Marine apologized to him and said (of the accused Marines) that, "Even among the Marines, they are known as the 'Dirty Force'. Then he said, "For myself, I don't think killing 15 Iraqi's is a fair response for the death of one Marine". Someone please tell me just WHO had the slip of the tongue in that last quote? Did anyone notice that he said "15" Iraqi's? Six months later and a Marine doesn't know by then that there were 24 dead? So, who do you believe? The Iraqi telling us a Marine said that, or could it be that a Marine never said any such thing? NO PROOF of ANY thing. Never should have come to this. NCIS needs to be investigated. They are abusing their power, ruining lives, and dividing the country in the process. It's time for them to be held accountable for their failed practices in the way they investigate and the coercive techniques thy use to interrogate those who fight for us. Wake up folks! The enemy is selling it and too many are buying it. For those who hate the military, go ahead and smile, but when they reinstae the draft you'd better hope your kids are too cottonpickin' young or too old to go because you now know what they have to look forward to.

DaisyCutter wrote on Jun 10, 2007 9:42 AM: AW4cryinoutloud said it all. and I agree!! Where is the outrage towads terrorists who are plotting or have killed civilian Americans and Iraqi ? Where is the outrage over the 476 innnocent civilians killed by insurgents in one week in Iraq.? The Islamic Fascists kill their own...men women and children. Beheadings are a hobby with these Islamics. Why would they be truthful about anything yet the American media and these politicians buy into it. Propagandists all working together. Let the military do their job . Support our defenders and protectors. Support the Marines!

AEQUITAS ET VERITAS wrote on Jun 10, 2007 12:50 PM:At one time I was of the opinion that these Marines were properly charged. After reading more about the issues, I have changed my mind. What I think is of no importance, but I do hope that Lt. Gen. Mattis will change his opinion also. Not only should Captain Stone be exonerated, but so should all the Marines charged in these cases, including the Pendleton 8. Some of them have been pressured into plea bargains, but when all is said and done no matter what Monday morning quarterbacking may suggest, they did what they did under the extreme pressure of hot combat. I now believe that those Marines sincerely believed they were destroying the enemy, even if later it would appear that some were killed who were innocent. The Marines believed it AT THE TIME and in very proximate time to a roadside bomb blowing one of their squadmates to pieces. LET THEM ALL GO & let's move on. In any case our continued presence in Iraq is a disgrace and a hopeless mess. We have made our point long ago and Saddamm is dead. This campaign to socially engineer Iraq into a clone of the United States is stupid and will continue to kill our troops needlessly. And we will have more of our troops charged as these have been as a political sop to foreign governments and those who are just plain antimilitary.

AW4cryinoutlod wrote on Jun 10, 2007 1:59 PM:I just came back to check the comments, re-read what I typed, and something occurred to me regarding what the Iraqi (Thabet) quoted the Marine as having said: "Even among the Marines, they are known as the 'Dirty Force'." Those do not sound like the words an American would use. Forget the Koolaid; I'm thinkin'Thabet needs a good slug of Metamusil.

Troop Supporter wrote on Jun 10, 2007 3:19 PM:I agree with most of above comments, except don't think the draft will be reinstated, hope it never is, the military is better off as an all volunteer force, and also know there is and always will be alot of pride and honor in serving in our military. These cases have been brought forth by political correctness gone insane, media bias, lies and agenda, lowlife Murtha and his bottom feeding cronies, and shrill, incessant, clueless voices of the Left. The military keeps shifting the Rules of Engagement,

robert wrote on Jun 11, 2007 11:43 PM: " NCIS needs to be investigated. They are abusing their power, ruining lives, and dividing the country in the process. Funny .I thought it was The President who was abusing The Rule of Law.

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