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Second Marine charged in Fallujah detainee deaths
By: MARK WALKER - Staff Writer | ∞
CAMP PENDLETON ---- The Marine Corps announced Monday it has charged a sergeant with unpremeditated murder for the killing of an Iraqi detainee in Fallujah in 2004.
Sgt. Jermaine A. Nelson is the second person charged in the case in which four detainees were killed. The incident was first reported in the North County Times in late June.
A Marine Corps spokesman stressed that Nelson is considered innocent until findings show otherwise, adding that leadership at Camp Pendleton is committed to fully investigating alleged acts of wrongdoing in Iraq.
"Our message is to tell the citizens of the United States and the citizens of Iraq that we will fully investigate these matters and hold our own people accountable," Lt. Col. Chris Hughes said. "But we also stress that this Marine is innocent until proven guilty."
Although Nelson was charged last week, the Marine Corps did not announce the action until Monday for reasons that were not immediately clear.
Last week, the Los Angeles U.S. attorney's office filed a voluntary manslaughter charge against a former member of the same unit Nelson is from, alleging that Jose L. Nazario Jr. shot and killed two of the detainees.
After his appearance in U.S. District Court in Riverside, the 27-year-old Nazario maintained his innocence.
"I would just like to say that I am a U.S. Marine who fought for his country and I am innocent of these charges," he told reporters.
Nazario was a sergeant when he led a platoon of Camp Pendleton troops under investigation for the slaying of four Iraqi detainees on Nov. 9, 2004.
A criminal complaint included in charging documents filed against Nazario alleges he shot two detainees "in heat of passion caused by adequate provocation unlawfully and intentionally killed two unarmed male human beings."
The complaint includes an affidavit from Naval Criminal Investigative Service Special Agent Mark Fox, who wrote that Nazario and other Marines from Camp Pendleton's 3rd Platoon, Kilo Company from the base's 3rd Battalion, 1st Marine Regiment detained the insurgents during a house search.
The document contends that Nazario shot the two in the head at close range and that he directed other Marines to shoot two other Iraqis.
"Who else wants to kill these guys, because I don't want to do it all myself?" Nazario is quoted in the Fox affidavit as saying to his Marines.
The affidavit also states that Nazario told an unidentified Marine that the squad needed "to take care of them" so the unit could complete its assignment of moving to the center of the city, according to the affidavit.
A probe into the incident launched several months ago also is targeting one other former Marine as well as another man still in the service, according to a source with intimate knowledge of the investigation.
Nazario, who is free on a $50,000 property bond, is being prosecuted in federal court because he no longer is in the service and therefore the military does not have legal jurisdiction.
The fight for Fallujah was one of the major battles of the Iraq war.
On Nov. 6, 2004, a main group of troops from Camp Pendleton's 3rd Battalion, 1st and 5th Marine Regiments, along with supporting Marine units and U.S. Army forces, launched an assault to wrest control of the city from insurgents.
Intense fighting took place during the next week, with the final resistance cleared by late December. Several Camp Pendleton Marines were later honored with awards, including two Navy Cross citations for valorous actions during the fighting.
Ninety-five U.S. service members were killed and more than 600 were wounded. An estimated 1,350 insurgents were killed and 1,000 captured.
The rules of engagement were loosened during the battle because U.S. and Iraqi authorities had spent a week telling residents to leave and dropping leaflets over the city warning that a battle was coming.
Despite that, the law of armed conflict that governs the military forbids the shooting of any enemy combatant who has been disarmed and does not pose a threat.
See Tuesday's North County Times for more on the latest developments in the case.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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Joke wrote on Aug 20, 2007 1:09 PM:How can LT COL HUGHES make his statement with a straight face? What a joke! "...we (USMC) will hold our own accountable." Right...just like the General held the CP8 accountable. Eight Ex-Marines confess to the planning and murder of an innocent civilian and only one of them is still behind bars where he belongs. And, I am sure that "one" will be out of jail before too long after the General commutes his sentence to time served. The USMC is not even close to the great fighting force it once was. These are sad times for an institution with such a great history. This Marine will be convicted of murder and then released by the General...just like the CP8. LT COL HUGHES' statement is nothing short of a joke!
chris wrote on Aug 20, 2007 1:25 PM:call it liberalism or whatever but there seems to be an awful lot of this type of stuff going on . yes it's a bad situation but i'm still at a loss to see how these actions and the courtmartial proceedings they create represent some form of progress . maybe the conservative mindset of any dead Iraqi is progress and therefore good is what is needed to make sense of these types of incidents . one can only surmise
esteban wrote on Aug 20, 2007 1:44 PM:To Chris and Joke....I'm just curious as to exactly when you attended Al Queda training camps?
semper fudge wrote on Aug 20, 2007 1:48 PM:why even bother to charge them? that holier than thou general is only going to set them free anyhow.
McGee wrote on Aug 20, 2007 2:15 PM:I have absolutely ZERO CONFIDENCE in the USMC to discipline its own; it seems to be incapable. It is able to conduct the investigation, it is able to get an impartial panel, it is able to conduct a court martial, it is able to review the evidence and make a finding, BUT it is unwilling to allow the convicted marine to be punished. I don't expect this to be any different.
AW4cryinoutloud wrote on Aug 20, 2007 3:19 PM:Makes no sense to prosecute, the brass will only play the political correctness card and grant clemency
Harry wrote on Aug 20, 2007 4:16 PM:We know that is the counterfeit AW4! They have neither the rhythm or the content.
NCIS wrote on Aug 20, 2007 6:15 PM:All of this is based on an affidavit from an NCIS agent. So we know it's worthless. How much is THIS going to cost? Or are the Marines trying to justify their precious Media Center???
Reggie wrote on Aug 20, 2007 7:27 PM:Stop allready with the court cases against our soldiers!!! This is war,kill them before they kill you.
cts wrote on Aug 20, 2007 8:18 PM:It looks like the public is getting wise to what is happening in our armed services sector these days. Based on what I'm seeing here. Personally, I think some of these folks are jumping to conclusions. This article is about someone being "charged" with something.
To Lt. Col. Chris Hughes wrote on Aug 20, 2007 8:44 PM:I'm sorry but I have to agree with Joke. Please get informed before you do a press release you did not make yourself or the USMC look good.
AW4cryinoutloud wrote on Aug 20, 2007 9:04 PM:Comments at 3:19PM were NOT mine. Since the cyberstalker who uses my blog name operates like a cowardly Jihadist I imagine it must cover its face in shame. It doesn't seem to have the intelligence to speak for itself therefore doesn't deserve respect or to be distinguished from he or she. To show my disrespect I'll continue to refer to it as "it". AW4cryinoutloud
McGee wrote on Aug 20, 2007 9:09 PM:shooting young men in the head at close range who are cooperating and not resisting or threatening, and inviting others to kill some, and killing women and children hiding in a bathroom crying, don't exactly fit the picture of "kill them before they kill you." it sounds like ATROCITY!
AW4cryinoutloud wrote on Aug 20, 2007 9:54 PM:I'll speak for myself if the Jihadi who uses my blog name doesn't mind. It definitely was too short! The only political correctness card being played is the Persecution of our Marines. A Pardon is the only thing that makes sense where an unjustly convicted defendant is concerned. NCIS' ability to coerce and intimidate plea deals from defendants to create a crime and gain a conviction, and the lack of corroboration or any actual evidence that lead to the Sergeant's conviction, can only be corrected and made "Just" by clemency or a Pardon. For a panel of Marines to turn their back on another and not even credit him with any of the time he'd already served was Morally Bruising, Vindictive, and lacked any semblance of Justice. This Marine Corps has not lived up to its own teachings such as General C.C. Krulak's admonishing Marines to NOT have a Zero Defects Mentality if errors are made by junior leaders. The Corps has taught that such errors should be dealt with "LENIENTLY"...NOT "THROUGH THE THREAT OF PUNISHMENT". Sergeant Hutchins is a good and honorable Marine and deserves to be set free. Others have gained their freedom at His expense...through His sacrifice! He has suffered enough. His family has suffered enough. This country could at least have the humanity to give something back to him for the years of honorable service to it. End this persecution of OUR Marines!!!
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