Marine: 'I didn't know there was women and children'
By: TERI FIGUEROA - Staff Writer | ∞
CAMP PENDLETON -- A Marine accused of killing women and children in a Iraqi home told a military judge Tuesday that he didn't know at whom he was shooting when he opened fire.
"I didn't know there was women and children in that house until later," Lance Cpl. Stephen Tatum said in a hushed Camp Pendleton courtroom. "Otherwise, I would have physically stopped everybody in that room from shooting."
Tatum and two other enlisted Marines -- Staff Sgt. Frank Wuterich and Lance Cpl. Justin Sharratt -- face homicide charges in what has become the largest prosecution of war crimes to come out of Iraq since the U.S. invaded that country in 2003.
Tatum is charged in the deaths of six of 24 Iraqis killed by Marines on Nov. 19, 2005, moments after a roadside bomb killed a buddy and injured two others less than an hour after sunrise. The deaths took place in the village of Haditha.
Tatum's unsworn, three-minute statement came on the final day of testimony in a military hearing to determine whether he should face a court-martial for murder and other charges.
Prosecutors allege that the troops raided nearby homes and killed civilians in retaliation for the explosion.
Attorneys for the accused Marines have said that they were the target of enemy gunfire right after the explosion, and that they followed combat rules when they entered four homes in pursuit of their attackers.
Last week, a squad mate testified that he told Tatum there were women and children in one of the homes, and that Tatum ordered another Marine to kill them before doing it himself.
Tatum said Tuesday that conversation never happened.
After closing arguments this morning, the fate of the 26-year-old Oklahoma native will be largely in the hands of a military officer who will recommend whether to send Tatum to trial.
Haditha was a known hotbed of insurgent activity at the time of the incident, according to testimony in Tatum's hearing, which is scheduled to wrap up with closing arguments this morning.
On Tuesday, standing at a table with his attorneys, Tatum told Lt. Col. Paul Ware that he had "points I'd like to bring to light."
After the bomb explosion, the Marines were targeted by gunfire coming from the area of a nearby home, Tatum said. He said Wuterich, his squad leader, told him the house was "hostile," which means that enemies were thought to be inside it.
Tatum said he entered the home and heard someone racking an AK-47 gun. He and a second Marine tossed a grenade into a room, he told the officer, and went into the room after the grenade exploded.
"Visibility was horrible," Tatum said.
"I really couldn't make out more than targets," he said of the people in the room.
Tatum is accused of negligent homicide in the deaths of four people in that home, including a 4-year-old boy found with his mother's arm draped over his body He's also charged with unpremeditated murder in the deaths of two others in the second home.
Low visibility was a factor in the shootings in the second home as well, Tatum said.
"It was dark," Tatum said of the second home. "Couldn't make out a whole lot. Just targets."
Tatum said he did not learn until later that the "targets" were women and children, most of whom were found dead on a bed. Some of the children appeared to be between 3 and 5 years old, according to testimony.
"I'm not comfortable with the fact that I might have shot a child," Tatum said, his voice catching. "I don't know if my rounds impacted anybody. That is a burden I will have to bear."
The military has charged Tatum with unpremeditated murder in the deaths of two of victims in the room, both of whom were girls.
One of Tatum's squad mates, Lance Cpl. Humberto Mendoza, gave a different version of events last week, testifying that he told Tatum that frightened women and children were cowering in a bedroom -- and that Tatum ordered Mendoza to kill them. Mendoza said that when he refused, Tatum brushed past him and entered the room. Mendoza said he then heard a noise, but just what it was remains unclear. Mendoza has previously told prosecutors the noise was gunfire, but told defense attorneys it was a grenade explosion.
Mendoza, who admitted to shooting two unarmed men during the raid, was given immunity in exchange for his testimony.
Mendoza acknowledged on the stand that he initially lied to investigators about the incident and did not report the alleged conversation with Tatum for more than a year.
The defense maintains Mendoza is not credible. They also point out that Mendoza is trying to get his application for U.S. citizenship released by the Naval Criminal Investigative Service, which is holding up his papers.
The cases against the accused Marines are built primarily on witness statements.
Families of the dead refused to let investigators exhume the bodies for autopsies, and the bulk of available evidence was photos of the bodies at the killing scenes. Marines took the photos to document the battle scene and to identify the victims. In some cases, the pictures did not show the victims' wounds.
Attorneys on both sides have handed Ware about 200 pieces of evidence to consider, including statements from the surviving children.
Ware is responsible for recommending to Lt. Gen. James Mattis whether Tatum should face a court-martial for his role in the deaths.
The military also charged four officers, including the battalion commander, with failing to investigate the incident properly.
-- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.
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Arlan wrote on Jul 24, 2007 3:58 PM:You know, I think that former President Clinton should be put on trial for bombing the aspirin factory in 1998, thinking that it was a bomb making factory. I am sure that innocent people were killed in that messed up action.
American Mike wrote on Jul 24, 2007 8:22 PM:I believe him. You have to, he is a Marine.
Defend this guy wrote on Jul 24, 2007 9:30 PM:I believe with all that he acted in fear and defense of his life. This is war; sadly and innocent people die. so sad.
Enough Please wrote on Jul 24, 2007 11:36 PM:Some people are still so brain focused on Clinton that they are not paying attention to the present. Our troops are tired, their families abandoned, their mission confused and with that, the ugliness and strain of this war will show its face on our brave Marines and Soldiers. If this war is worth fighting, our entire nation should be totally involved and we should strengthen our forces with a national draft. Our volunteer forces are too small to do this alone as shown by their thrid or fourth tour in a war zone. America should either go all out to win this war, just like world war II, or get out.
To American Mike wrote on Jul 25, 2007 4:59 AM:" I believe him. You have to, he is a Marine. " That has to be the dumbest statement I've ever read. He's believable just because he is a Marine!? So, Marines don't lie, yet the Marine Mendoza admitted to lying previously... but according to you Marines are believable... So both of them are telling the truth? I think both are lying to a certain extent to cover their actions. I think they did know. Don't they have Intelligence and what not. Don't the military have all sorts of gadgets to be able to gather info? If they didn't wouldn't there be many, many more "mistakes"? I wonder, if the situation were reversed and it was American women and children gunned down how many of you would buy this? Look AM, I don't have to believe anyone just because of their job title. I don't, didn't and never will believe the Bush/Cheney Crime Family. I guess you believed there were WMD's in Iraq as well didn't you? I've got a bridge I could sell you cheap too.
Mimi wrote on Jul 25, 2007 5:34 AM:This man and others are scared and interested in staying alive, they, as all soilders in past wars, are in a desperate situation. I agree with Enough about going all out. Other nations already hate Americans because we are a rich nation but if we keep at waring our resources will and probably are already limited. Remember the National Debt, someone probably already owns us, lets hope they don't decide to take over.
Please, Enough wrote on Jul 25, 2007 5:47 AM:Yes, our troops are tired of being second-guessed by our media and democrats. Yes, their families are abandoned by the media and democrats. Yes, the media and democrats have confused their mission in their own minds. The rest of the nation IS involved and supporting the troops AND their mission. If you had an understanding of the region and Islam, you would understand that there will never be a better time to undo what was done under previous administrations that made this nation look weak and vulnerable than right now. We must not leave until the job is done, not only in Iraq but Iran and Saudi Arabia as well. If that means escalating war, so be it. But by fogging up the principles involved, those of you who are focused only on Iraq are aiding and abetting our enemy, extreme Islamists. As for these Marines, they never should have been charged, the fact that they did only indicates that there are liberals and pacifists in the military justice system and Pentagon, not any indication that there was a crime committed.
Please, Enough! wrote on Jul 25, 2007 5:51 AM:Oh, and about the third and fourth tour thing -- in previous wars a tour could be as long as several years. Presently they are much shorter, so it is not surprising that they are being assigned so many tours rather than longer ones to give them a break. They aren't whining, why are you? Go all out like WWII? Who do you want to nuke? Invade? Hmmmm?
To Please, Enough! wrote on Jul 25, 2007 6:51 AM:The fact that the Marines were charged does not indicate that there are liberals and pacifists in the military justice system and Pentagon. It indicates that the military and American people do not tolerate the execution of civilians. How can you say that there was no crime committed? I have been to Iraq multiple times- I never once had to execute anyone.
To America wrote on Jul 25, 2007 8:18 AM:We have conflicting stories from all sides, the only real people who know are the ones who were there, and God. Because of the conflicting stories, who knows who is right, but I know that if I hear grenades going off, all my senses are on alert and if I hear something suspcious, I will be ready to shoot to protect myself and my men/women, why would these women and children not say anything, cry out or anything...at the same time, we are now seeing that women and children are also part of the "insurgent" clan, so how do we know that they were not insurgents. Why don't we let the MC prosectute them and God give them the final judgement. This is war, and sometimes unfortunately innocent people die...look at WTC. Over 3000 INNOCENT people (including women and children) died, and we weren't even at war yet...
AW4cryinoutloud wrote on Jul 25, 2007 10:17 AM:Ignorance is no excuse
ric wrote on Jul 25, 2007 10:21 AM:these are grown men they know what they are doing. he better serve his time for his crimes. If you get caught take responsibility for your actions and accept the consequences.
United wrote on Jul 25, 2007 10:57 AM:I think this Marine is not only innicent but did the best that he could do under the circumstances. America is best when they are united and do what needs to be done. If we had a President that could unite this country, all of our tasks would be easier to achieve, even making sense from Iraq. When we live in the past by blaming either G.H. Bush or B. Clinton, we only spread division in our country which weakens what we are trying to accomplish today. Lets stop whining about yesterday and get focused on today - our troops deserve a united country.
Ben wrote on Jul 25, 2007 11:44 AM:First, the mind set that you should attack the nearest village to a bombing is so flawed I wouldn't know where to start. Second, how could you not know there would be women and children in what amounts to a suburban home in a society that has lots of children per family? Also, what difference does that make? Are the men inside those homes all guilty just for being there? Absurd. These guys ... need to be dealt with as criminals instead of tying them to the vast majority of Marines who act appropriately in spite of the pressures they are under. They have seen their friends killed too and not gone on a rampage. For that matter so have I and I didn't throw grenades into bathrooms of cowering children. As for those of you who defend this action as "total war", you're really stretched the truth. This is an occupation, the result of an illegal and unjustified invasion which has accomplished nothing in the "War on Terror". It's 1939, Iraq is Poland and we are the Nazis
Reardon wrote on Jul 25, 2007 12:24 PM:One of the intellectual exercises practiced in the Wardroom of old diesel boats during weeks submerged in places that International Law says we should not have been, goes something like this: You are the CO of a fast attack submarine on patrol in a hot war. You understand the “Rules of Engagement.” You receive a message from COMSUBPAC. It is brief and to the point. “A heavy will transit your position in about 12 hours. SINK IT WITHOUT FAIL.” The words mean something to a submarine skipper. It means,” Lose your boat and the crew if necessary, but do not let that heavy make port.” You snorkel/charge for 10 hours to make certain you have a full charge. You alert the crew that an attack is imminent, get plenty of rest. You inform the forward and aft torpedo rooms to stand by for action. In 11 hours from the warning, your sonar operator hears heavy cavitations on a constant bearing, decreasing range. You call “Battle Stations Torpedo” on the 1MC, tell the mess hall to prepare battle rations, order “Make ready all torpedo tubes, for and aft.” You plot the middle of the course of the oncoming “Target” as it zigs and zags, maneuver the boat into the middle of the target course, and plot the attack. There are six escort destroyers heard. As the target gets within 2,000 yards, you tell the Diving Officer, “Make your depth 72 feet.” The diving officer yells through the Control Room hatch into the Conning Tower, “72 feet and steady, Sir.” You tell your crowded tower, “One periscope look and we fire. UP SCOPE” As the scope breaks the surface, you make a quick 360 degree sweep as the water drips down your neck. You look at the Target. “45 Port angle on the bow. Bone in its teeth. Bearing MARK! Range, Mark! DOWN SCOPE” There is sweat dripping off your face. You have seen something no one else can see. A big RED CROSS in the middle of the ship! What do you do? You have less than 10 seconds.
To Ben wrote on Jul 25, 2007 1:00 PM:What, specifically, makes this war illegal? Also, comparing Iraq to Poland and us to the Nazis is offensive. For one, I don't think America has started up any concentration camps. To make such a comparison is offensive to the survivors of the Holocaust because you're basically saying what the Holocaust survivors endured at the hands of the Nazis is the same the people in Iraq are enduring. That is only one distinction. Besides the obvious differences between our political system and that of the totalitarian government of the Nazis. There are so many differences between the two, that it's patently clear your arguments are nothing more than inflammatory arguments---without support, offensive, and intended to incite animus in those who don't hold your opinion.
To Reardon wrote on Jul 25, 2007 1:21 PM:Good point....except these Marines didn't have just 10 seconds. These Marines systematically cleared houses for over 45 minutes- plenty of time to figure out that there were women and children in the houses.
LOGICAL wrote on Jul 25, 2007 1:43 PM:To America wrote on Jul 25, 2007 8:18 AM It was easy to tell that women and children were not insurgents because they were unarmed as well as cowering.
Sumbmarine wrote on Jul 25, 2007 1:47 PM:Reardon wrote on Jul 25, 2007 12:24 PM: Sink it. I have not seen any hospital ships in any nation's fleet that would be considered a heavy. So if it is a heavey, it will be sunk regardless of the Red Cross.
seems to me wrote on Jul 25, 2007 2:01 PM:This whole thing is an example of why we should use our military less and our brains more. Maybe we should make our military considerably smaller so that future presidents would be less likely to swagger into another war. Also the money saved on the military could be used for healthcare and education.
Barney Fife wrote on Jul 25, 2007 2:03 PM:Like we said in the military. Kill them all, let God sort them out.
Pieter wrote on Jul 25, 2007 2:15 PM:Maybe we can start putting the WWII generation in prison for killing Germans and Japanese civilians. If my stepson were one of those indicted, I would seek out the prosecuter and then, with a big bat....Oh no, I can't. The poor kid is dead,, thanx to the cooperation of those innocent civilians in Ramadi when they placed the road side bomb on 7/27/07. Free our Marines now!!!!!!!!!!
karla wrote on Jul 25, 2007 3:25 PM:I married to a soldiers, I beleive that they all stress, tired, they don't eat well, among others things! investigate the truth, and don't cover anybody who is high ranck treat everyone the same. Don't Judge the marine until YOU Know the real truth. and do the right thing,remenber God is our judge!!
I Don't wrote on Jul 25, 2007 6:21 PM:Does anyone really believe that he didn't know that he was shooting and killing women and little kids?
To Karla wrote on Jul 25, 2007 8:06 PM:Go back to school and learn to spell.
What? wrote on Jul 25, 2007 8:53 PM:I am staying out of this one in regards to the guilt or innocence of these men and the morality of their actions. But I have got to say two things. While I agree that we need to go all out or get out. I don't think the draft is a good idea. An all volunteer military is the best military. Second, Seems to me's statement is the dumbest thing I have ever read on these blogs. We need to elect smarter politicians that don't swagger into pointless wars not limit our options by castrating our military.
American Mike wrote on Jul 25, 2007 9:50 PM:I did this one short and sweet on purpose. These are not grown men, they are kids, task with a huge responsibility. It's grown men that are dictating the policies these kids must follow. Under the conditions those kids are working under, I stand by what I said. Iraq is NOT America, and a dozen questionable kills by soldiers do not even come close to the tally Iraqs own people are bringing upon themselves. Let God sort them out. You can take your bridge and stick it in your liberal port of call.
rob-of-indy wrote on Jul 26, 2007 12:16 AM:Former Marine myself. It is an all volunteer force. With a draft, as soon as you leave highschool, you're drafted - the army is young. Not so now. The army (Marines included) are older. They have been in the reserves for a while. They rotate in and out of combat zones. I find it amazing that these insurgents can roam the country and no one knows who or where they are. Hmmm. No on knows nothin'. But serious weaponry shows up on the street. This stuff is hard to hide. Could you hide a rocket launcher in your neighborhood? How about several machine guns? Mortars? Explosives? Small arms? No one knows anything. No one sees anything. You're right - this isn't America.
American Jim wrote on Jul 26, 2007 8:17 AM:Hey Mike dispite your facination with "liberal ports of call" you comment was offensive and revealing of your usual level of function. Give it a rest.
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