Accused Marine says he acted properly in Haditha shootings

By: MARK WALKER - Staff Writer | Thursday, June 14, 2007 11:44 PM PDT ∞

Lance Cpl. Justin I. Sharratt carrys documentation into his Investigation hearing at Camp Pendleton on Monday. Sharratt is one of four enlisted Marines who were charged with violations of the Uniform Code of Military Justice for the alleged unpremeditated murder of Iraqi civilians following an improvised explosive device and small arms attack on a Marine convoy in Haditha, Iraq on Nov. 19, 2005.
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CAMP PENDLETON ---- A Marine lance corporal accused of murder for his role in the shooting deaths of two dozen Iraqi civilians in Haditha said Thursday that the men he killed were insurgents threatening his life.


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The men he shot were not murdered, Lance Cpl. Justin Sharratt told a hushed Camp Pendleton courtroom, but instead were slain in self-defense as he drew upon his training and responded to an imminent threat.

Sharratt said two of three men he killed were pointing AK-47 assault rifles at him as he searched a house after a roadside bombing on Nov. 19, 2005.

"We did not execute any Iraqi men," Sharratt said in a clear and strong voice as his parents, Darryl and Theresa Sharratt, watched with rapt attention. "When the insurgent pointed at me from behind the door, I shot him in the head."

After that, he said he heard the sounds of an AK-47 being "racked," or prepared for fire, prompting him to enter the room and shoot that man.

A third man died as he emptied his 9mm pistol into the room, Sharratt said.

"I kept firing until I used my magazine because I didn't know if they had body armor on or suicide vests," he said. "As I fired at the other insurgents in the room, I felt as though they were coming toward me."

Backing Sharratt during the attack was Staff Sgt. Frank Wuterich, who is charged with killing a fourth man in the room. All the Iraqis were later determined to be brothers.

Sharratt is charged with unpremeditated murder in the deaths of the three men. His case is the first to reach the hearing stage for three men from the base's 3rd Battalion, 1st Marine Regiment who were charged with murder in December. Four officers from the battalion were charged with dereliction of duty for failing to investigate the incident.

Sharratt's case boils down to a question of whether he was acting in self-defense or whether the slain men were unarmed and executed, as their survivors and prosecutors contend.

His statement came on the fourth day of a hearing that will determine if he is ordered to trial on three counts of what the military calls unpremeditated murder.

'Exactly as I was trained to do'

Sharratt began his remarks Thursday by talking about his 2003 enlistment, his training and the house-to-house combat he faced in the fall of 2004 during a battle for the city of Fallujah. That city, like Haditha, was an insurgent stronghold in the Anbar province west of Baghdad.

A year after the Fallujah battle, Sharratt was sent to Iraq for a second time.

The 22-year-old rifleman said that on the night of Nov. 18, 2005, he and fellow platoon members were told they were going to escort a contingent of Iraqi soldiers to a roadside checkpoint the next morning.

About 10 minutes into the trip, a roadside bomb was detonated, destroying a Humvee in the four-vehicle convoy, killing Lance Cpl. Miguel Terrazas and injuring two others.

Sharratt said he immediately heard small-arms fire being directed toward the convoy. He said the fire was evidence to him of a "complex and coordinated attack."

After establishing security around the site of the bombing, he and two other Marines eventually established a watch post atop the roof of a nearby home, Sharratt said. From that vantage point, he said they saw two Iraqi men darting between two houses, prompting them to go to the house to investigate.

It was while searching for those men that he and Wuterich entered the last of four homes where civilians would die that day.

Sharratt stressed that all of his actions were in concert with his training.

"I am a disciplined Marine," he said. "On Nov. 19, I did exactly as I was trained to do."

After determining all the Iraqis in the room were dead, he and Wuterich removed two AK-47s and a suitcase containing Jordanian passports, Sharratt said. He said he gave those items to a fellow Marine and never again saw the weapons or suitcase.

Sharratt also quoted what he said is an oft-heard remark among the Marines in Iraq when they talk about possible consequences of their actions.

"I'd rather be tried by a jury of 12 of my peers than carried in a casket by six of my friends," he said.

He said he thinks about what happened every day and questions whether he made the right choices.

"In the end, no matter how much I second-guess myself, I would not change any of the decisions that I made that afternoon."

He concluded his remarks by thanking his parents for all their support, drawing tears from each as they watched their son from the front row of a base courtroom.

Sharratt's remarks were made in the form of an unsworn statement, meaning it was not under oath and he was not subject to questioning by prosecutors.

Forensics may bolster Marine's story

The first Iraqis who died that day were five men who emerged from a car that drove up moments after the bomb explosion. Wuterich is charged in those men's deaths.

An additional 15 civilians, including several women and children, died inside three houses that were assaulted by Wuterich and other Marines. Wuterich also is charged with murder in those men's deaths.

Sharratt's account of the shootings in which he took part seemed to be bolstered by two government witnesses who testified Thursday.

Lt. Col. Elizabeth Rouse, a forensic pathologist and medical examiner, testified photographs of the four slain Iraqis show head wounds from shots that came from at least 2 feet away. No autopsies were conducted on any of the bodies, and relatives would not allow U.S. authorities to exhume any remains for examination.

Rouse's testimony would seem to controvert statements given to investigators by survivors of the men, who contend they were herded into the room and killed execution-style.

A Naval Criminal Investigative Service forensic reconstruction specialist also testified that from his examination of the room and bullet holes in the walls and a curtain, he could not discount the version of events told by Sharratt.

The hearing ends today with summations by the prosecution and defense. After that, the hearing officer, Lt. Col. Paul Ware, will decide whether he thinks there is sufficient evidence to order Sharratt to trial.

Sharratt's parents have repeatedly expressed anger that their son was charged with murder. The Canonsburg, Pa., couple have attended each day of his hearing.

"Those men were trying to kill my son," his mother, Theresa, said outside the hearing room. "I'd rather have him (facing a criminal prosecution) than have two Marines come to my door telling me my son is dead."

Sharratt is due to get out of the Marine Corps at the end of July unless ordered to trial by court-martial. If he is ordered to trial and convicted, he faces up to life in prison and a dishonorable discharge.

Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.

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38 comment(s)[-]Go to Top

Molly wrote on Jun 14, 2007 12:31 PM:This Marine's account makes sense to me. This entire situation probably happened in a matter of seconds, minutes. I can only imagine the rapid gunfire, searching & clearing of the homes while facing death. They are trained to shoot insurgents and yes folks, they can be women and children. War stinks. Doesn't mean the guys should be charged with murder. This just send a clear message..Gee, should I shoot this guy or worry if I am going to be tried for murder when I get home...collateral damage is just that. Its just a fact of war, just like friendly fire. It happens.

NCLOCAL wrote on Jun 14, 2007 12:47 PM:My God, this is war. What do you want from these Marines? Has anyone on the court marshall fought in this type of warfare? Doubt it.

James wrote on Jun 14, 2007 12:56 PM:Of course the surviving combatants are going to claim they were 'herded into a room' and executed. They aren't very well going to simply come out and admit they were firing at the soldiers or in some way trying to harm or hinder them now are they? Incidentally there is no reason why the families would refuse to allow autopsies unless they were concerned their lies might be uncovered. If you pay attention to the news you see that the corpses of slain insurgents, etc. are often paraded around, and legitimate accusations of brutality are often proven through autopsies. So this is no 'sanctity of the dead' thing. Thankfully the forensic evidence will most likely prove the soldiers' innocence.

Surfingdude wrote on Jun 14, 2007 2:26 PM:This is just a simple fact of war. He may have made the best choice possible under the circumstances but that does not mean he shouldnt be held accountable. Innocent people were killed. If I were in that situation ofcourse I would but myself and my people ahead of all else and not take chances, but that does not mean I shouldnt be held accountable. Whats so hard to understand? I don't get it.

James wrote on Jun 14, 2007 6:34 PM:Surfingdude: I'll try to help you out here. 1) The forensic evidence disproves the allegation of an 'execution'. 2) This, in turn, calls into credibility the statements by the 'survivors' 3) Furthermore the families of the 'victims' will not release the bodies for autopsy which they would surely do if the evidence would bear out their falsehoods 4) Thus we are left with the Marine's story, which accurately fits the evidence. What's so hard to understand? I don't get it...

Temecula Josh wrote on Jun 14, 2007 8:41 PM:James -- Your #1 and #3 points are irreconcilable. You can't have it both ways with regards to forensic evidence. He should be held fully accountable. Incidents like this one have fueled the insurgency and lost the war.

A Veteran wrote on Jun 14, 2007 10:57 PM:All there is between us and those that wish to destroy us, are those few brave Americans willing to give their life if necessary to protect our way of life. It is bad enought that we sent them into a war that can't be won, now we are again destroying our own - just like Korea and Viet Nam. If all Americans were to be held accountable like we are trying to hold our brave military accountable, then each of you would be in Iraq with your finger on the trigger trying to make the right decision in a split second. In using the rationale of those that are quick to judge, One little mistake, and those you are trying to protect, will hang you out to dry and take the self rightious position of accountability. Nobody is perfect, especally in a war. When are we going to learn that....

SSGTsSweetie wrote on Jun 14, 2007 11:34 PM:Temecula Josh - What part of forensic evidence does not match the claim of 'survivors' that the victims were shot execution style do you not understand? IF the Iraqi's (or Jordanians or AQI or whatever these people were) were shot in a closet execution style by US Marines - there wouldn't be 'survivors'. The survivors the MEDIA is referring to - are the women who were guarded in the house next door. They did not witness what happened. They will not give the bodies over for autopsy - because then there would be no trial - no outrage dividing the American public on the war and strengthening the insurgency. No American dollars to amend for the families losses. I appreciate your opinion and your right to speak it freely. My husband fights along side these HERO's to make sure you keep that right. You can't be a HERO and a criminal at the same time. These men are hero's and the IO needs to clear them of all charges.

Doug wrote on Jun 15, 2007 12:09 AM:Josh, pay close attention here. Stop listening to Harry Reid and Nancy Pelosi. Doing so can be very hazardous to your health and well being.

Ron of Knightwatch on youtube wrote on Jun 15, 2007 1:34 AM:A US Marine was justified in defending himself?!! Boy, are the Democrats gonna be mad.

HelloKitty wrote on Jun 15, 2007 3:31 AM:If this Marine felt his life was in danger he had every right to do what he did. Our Marines are in a foreign country and going into a house not knowing who is inside and what kind of danger lurks behind those closed doors that right there would make me feel my life is in danger, any seconds I can be shot. Poor guy, I wish him the best.

MizzVikki wrote on Jun 15, 2007 3:47 AM:There is no such thing as an "Innocent Civilian" in a war zone. You are either helping us or fighting us. Those Iraqis need to stand up and fight their own home grown terrorists or they deserve anything they get.

Surfingdude to SSGTsSweetie wrote on Jun 15, 2007 7:43 AM:Yes you can be a hero and a criminal at the same time. Mistakes happen but that does not mean there should not be accountability. Each and every person that joins the military knows that and are willing to take that chance.

Surfingdude to MizzVikki wrote on Jun 15, 2007 7:45 AM:That is a false statement and you know it.

Not amused wrote on Jun 15, 2007 8:18 AM:Where is all of the outrage over the terrorists killing our defenseless POWS? Many of you need a wake up. We dwell upon being politically correct and sacrificing our own to make the crazies happy, meanwhile we turn away from the enemy who use no rules and have no worries. Again, wake up!!

Ellen wrote on Jun 15, 2007 8:27 AM:Why is this young marine being tried for an act of war? This is an abomination for our country to have these young men on trial when it is the governments orders for them to be there. If our servicemen were allowed to fight this war the way they were trained, it would have been over a long time ago and these young men would not be on trial for doing as they have been trained to do. I hope that all of them are found NOT GUILTY!

Karen wrote on Jun 15, 2007 9:42 AM:Sharratt, we're praying for you. Hoowah!

Gayle wrote on Jun 15, 2007 10:18 AM:As a military mom I've been reading the books "On Combat" and "On Killing" by Lt. Col. Dave Grossman--research on the physiological/mental/emotional changes that occur during combat and shootings (police work). This article brought to mind much of what I'd read so far--differing testimony concerning small arms fire could be caused by the auditory exclusion that happens physiologically during shootings/combat. This soldier has been trained to react in specific ways to threats and appears to have done so. There will always be a rogue who commits atrocities and these should rightly be prosecuted but overall how can we expect our soldiers to do their jobs if they are then "held accountable" for deaths in situations such as this one? They are there to fight and win a war. As distasteful and heartbreaking as that is, that involves death. I pray that those who are responsible for making a decision on cases such as these, are diligent enough to research the literature on the human response in combat and killing and apply it to these cases. And may the defense attornies do their work to use this material in these soldier's defense.

To Not amused wrote on Jun 15, 2007 10:32 AM:These people killed were not the enemy. YOU wake up!!

To Ellen wrote on Jun 15, 2007 10:36 AM:He is on trial because the people killed were not enemy combatants. This is NOT abomination. What you said is an incorrect statment.

not amused wrote on Jun 15, 2007 12:11 PM:I am glad that you critics have already determined the gulit of this marine. I assume you were there. Innocent until proven guilty right? Only when it is to your advantage. How hypocritical of you left tilted people. Again, wake up or at least give your military the same level of presumtion of innocence you would give your own past and present mascots.

not amused wrote on Jun 15, 2007 12:12 PM:I am glad that you critics have already determined the guilt of this marine. I assume you were there. Innocent until proven guilty right? Only when it is to your advantage. How hypocritical of you left tilted people. Again, wake up or at least give your military the same level of presumtion of innocence you would give your own past and present mascots.

Hello wrote on Jun 15, 2007 12:44 PM:To: to not amused. They are the enemy because they harbor the terrorist and let them hide in their homes and shoot at our marines and then lie about what happened. AWAKE ENOUGH TO KNOW BETTER THAN TO BELIEVE AN INSURGENT.

AW4cryinoutloud wrote on Jun 15, 2007 1:13 PM:To Not amused: That's amusing! Who proved the deceased weren't insurgents? When? I keep asking but nobody knows. Therein lies the problem. PROVE IT!!!

Bucky wrote on Jun 15, 2007 1:18 PM:It is impossible for anyone sitting in a room in San Diego to have any idea of what life is like in a battle zone, unless you’ve been there. These Marines are in danger of being killed 24 hours a day 7 days a week. Killed by people who look like civilians and purposely mingle with civilians. All charges should be dropped against these fine Marines. In war unfortunate things happen, it is wrong for brave Marines who are in harms way every moment of every day to be judged in this way. Drop the charges and return these Marines to duty with the thanks of a grateful nation.

RU wrote on Jun 15, 2007 2:54 PM:These Marines deserve better for giving so much to our country. Have we become so lethargic as a nation that we will send our own men into harms' way to die and then hang them out to dry after they proceed to do what they are told? Ludicrous. How can we win this war and get out of Iraq if we continue to limit our soldiers' ability to fight back. People should not talk about what they do not know- and all Americans who have never served their country and been shot at in a war zone have no idea what its like and should not criticize these marines. Why is it that no Americans are criticizing the methods of the COWARDLY Terrorists who are hiding behind civilians and children ON PURPOSE. The terrorists are the true muderers in this case.

US Marine wrote on Jun 15, 2007 4:39 PM:We are taught to be brave, and careful. We are trained to identify our targets before we fire. But when the ... hits the fan, we are trained to protect first our fellow Marines, and then ourselves. If you aren't happy with how we are defending you, then ... go defend yourselves.

To US Marine: wrote on Jun 15, 2007 5:54 PM:As the mother of another Marine...here, here!! And I agree with your educated assesment which many of these blogger DO NOT HAVE! Thank you for your service. Take care of yourself!!

A Cop wrote on Jun 15, 2007 5:57 PM:To US Marine, as a retired Gunnery Sergeant, I completely agree with your post. And as a cop, I also think the same way....if you don't like the way we perform our duties, go somewhere else......PERIOD

AW4cryinoutloud wrote on Jun 15, 2007 5:58 PM:To Not amused: Big apologies! My comment at 1:13PM was to..."TO" Not amused. Yoiks! I feel bad about that. Going to try again.

AW4cryinoutloud wrote on Jun 15, 2007 6:21 PM:To "To" Not amused: I sure hope you aren't called for jury duty in a murder case. Heaven help the accused if he's innocent because apparently you don't require PROOF! And what I said at 1:13PM was for you; which is answered already by the fact that you have no proof have you?

AW4cryinoutloud wrote on Jun 15, 2007 6:26 PM:To 'To' Ellen: You and 'To' Not amused must be best buds. You apparently don't require proof either. Were the two of you there in Haditha during the firefight? If anyone needs to Wake Up that would be you. When you come up with Proof of the innocence of the deceased, then you can tell Ellen to wake up. Somehow I think it's going to be a really long time. Go back to sleep.

AW4cryinoutloud wrote on Jun 15, 2007 6:36 PM:To US Marine: You represent well. You are definitely One of the Few, The Proud, 'OUR' Marines. We have bumper stickers on our cars that say "Bring Them Home Safe." The majority of us remember that those words also mean that every single one of you has the right to do whatever it takes to accomplish that. We respect you, we honor you, and we stand by you. AW4.

Daniel wrote on Jun 15, 2007 6:57 PM:Other news accounts from today's proceedings provide additional and enlightening information. Clearly there is doubt as to why charges were brought in this case...

THOU SHALT NOT KILL wrote on Jun 15, 2007 9:23 PM:Remember the 6th Commandment which was given by God Himself according to the Holy Bible. I believe that whomsoever violates God's command shall be condemed to the fiery pit forever and a day. It is written. Therefore this man faces a punishment far greater than any that can be meted out here on earth!

Impromptu Bible Scholar wrote on Jun 15, 2007 11:28 PM:@ THOU SHALT NOT KILL: If you're going to read the Bible, make sure you have studied it well: Genesis 9:6 "Whoever sheds man's blood, by MAN his blood shall be shed, For in the image of God man was made." (emphasis added) The USMC are just takin' out the world's garbage... LET them.

AW4cryinoutlod wrote on Jun 15, 2007 11:40 PM:To THOU SHALT NOT KILL: Given by God Himself according to the Holy Bible: 9th Commandment; "Thou Shalt Not Bear False Witness Against Thy Neighbor". It forbids perjury while testifying in a courtroom. In ancient Israel, a person who lied in court received the same penalty as one found guilty. The Westminster Larger Catechism includes the sins of passing unjust sentence, etc. SOoooo, I'm thinkin' some people might want to try finding out whether or not their neighbor is really guilty of anything before passing judgment on them. Lance Cpl. Pennington was unjustly sentenced to 8 years without Proof of Anything. Wonder how that will play out on Judgment Day.

Patriot 101 wrote on Jun 18, 2007 3:55 PM:Let us recall the Jordanian passports found. Abu Musab al-Zarqawi had just attacked Jordanian wedding party. His followers (insurgents) were in the area of Haditha---hiding on their way to Damascus, Syria. Our Marines Rock and they are innocent.

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