MILITARY: Prosecutor says Fallujah killing about 'right and wrong'

Weemer faces charges of murder, dereliction in detainee slaying

By TERI FIGUEROA - Staff Writer | Friday, July 11, 2008 7:09 PM PDT

CAMP PENDLETON ---- A military prosecutor on Friday asked a Marine officer to recommend that a veteran of a key battle in the Iraqi city of Fallujah be tried for murder for his admission that he killed a prisoner under his control.

"While he is a remarkably sympathetic figure," the prosecutor, Capt. Nick Gannon, said of Sgt. Ryan Weemer, "this is not a gray area. It's black and white. It's right and wrong."

Gannon pointed to testimony that Marines who took prisoners during a massive 2004 offensive in Fallujah were told to treat captives humanely and safely transport them to a detention facility.

Even in the chaos of the first day of house-to-house fighting, Marines were told they could not fire freely at anyone, Gannon said.

"These are incredibly challenging cases because of the rigors of combat," he said. "It's very difficult to sit here and attack him (Weemer) and talk about criminality."

But, Gannon continued, in the moment of truth, Weemer opted to "unlawfully kill" a detainee under his control.

The arguments in a Camp Pendleton courtroom came at the close of an investigative hearing into the allegations against Weemer, who is charged with murder in the death of one of four captured enemy fighters on Nov. 9, 2004.

Weemer's lead attorney, Paul Hackett, argued that the detainee had been reaching for Weemer's gun.

"He (Weemer) acted in self-defense," Hackett contended, asking that the case be dismissed.

Weemer, of Hindsboro, Ill., firmly pressed his lips together as he listened to the arguments. The 25-year-old Marine faces a possible life sentence and dishonorable discharge if he is convicted of murder.

The killings came to light in 2006 when Weemer referred to them during a polygraph examination for a job with the Secret Service.

His admission spawned an investigation that landed him and two other men in court.

Authorities allege that the slayings came on the first day of the fight for Fallujah, the largest urban battle since the Vietnam War.

Weemer and his squad mates searched a home, finding men and a cache of weapons. The men were under the control of the Marines and were not armed when they were killed, according to authorities.

Weemer's squad leader, then-Sgt. Jose Nazario, is said to have shot two of the men, then ordered Weemer and a second Marine to kill the other two men, according to court documents.

The officer who presided over Weemer's two-day hearing, Maj. Glen Hines, is investigating whether Weemer should be ordered to trial for murder, face lesser charges or whether the case should be withdrawn.

Hines will make his recommendation to Camp Pendleton's Lt. Gen. Samuel Helland, head of Marine Corps forces throughout the Middle East. A final decision rests with Helland.

On Friday, Hines said he was "struggling" and conflicted about recommending a lesser charge than murder. He asked the defense to point him to evidence that might support a less-severe charge.

Hackett cited statements attributed to Pfc. Cory Carlisle, a Marine in the house at the time of the killings who spoke to Weemer seconds after the shot was fired.

According to testimony from a naval investigator, Weemer told Carlisle that he shot the detainee after the man tried to grab his gun. Neither side called Carlisle to the stand during Weemer's two-day hearing that concluded Friday afternoon.

Gannon rejected the self-defense assertion, saying Weemer had never previously cited that rationale.

Nazario, who left the military, is being tried for voluntary manslaughter in a federal court in Riverside. His trial is set to begin Aug. 19.

Weemer and Sgt. Jermaine Nelson are being prosecuted in military court. Nelson is scheduled to go on trial in December.

The two Marines also are charged with dereliction of duty for allegedly failing to protect the detainees.

A few days after the purported slayings, for which the Marine Corps has no named victims, Weemer was shot three times in what became known as the "Hell House" fight in Fallujah.

Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.

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11 comment(s)[-]Go to Top

Beth-San Marcos wrote on Jul 11, 2008 3:14 PM:Meanwhile Judicial Tyranny continues unabated. I think that all these charges are WRONG! It's a War Stupid!!!

DESERT BUG wrote on Jul 11, 2008 3:57 PM:Same old hooey, same old baloney about violation of the ROE and how a young Marine "murdered" an enemy combatant. A combatant who had weapons, access to weapons and reached for the Marine's weapon. All of this transpired during combat and where only a short time before an enemy killed a buddy of the Marine now being prosecuted. Sgt Weemer thought that if he, UNDER THE CIRCUMSTANCES, released the "detainee" he would be killed. His so called confession during a job interview is not a confession at all, but simply an honest answer to a question about the worst thing he had experienced. Not to forget that part of the terrible stress of combat for these young Marines was the killings on both sides. Sgt Weemer is a human being who was replulsed by what he had to do, but he had no choice, he was defending himself and his buddies and second guessing him from a distance of years and space is ridiculous and outrageous. The prosecutor says that Sgt Weemer is a "remarkably sympathetic figure." Hello Mr Prosecutor, hello, knock, knock, is anybody home up there in your caranium? Sgt Weemer is more than that sir, he is an innocent and wrongly prosecuted Marine! Let him go!

Rachel- San Diego wrote on Jul 11, 2008 4:52 PM:This is sickening and ridiculous. No wonder why this war is such a mess. Let the soldiers do their jobs without fear of malicious prosecution. Afterall, it is a war.

Robin wrote on Jul 11, 2008 5:43 PM:This is truely amazing!!! How can you be fighting a WAR....and be guilty of murder????? He is an agent of the United States Government. So then the Government should be on trial. He would not have even been there if it was not for the WAR!!!

I wonder... wrote on Jul 12, 2008 1:54 AM:Let's get Capt. Gannon's record...How many tours in Iraq as an infantry man has he done?????? Any tours ANYWHERE as an infantry man or even close? Ever been to Iraq? Ever been in a humvee?? Ever been shot at? Ever been IED'd? My guess would be...None, none/no, No, maybe, NO and NO. I think it's only fair that one should have to go through that which he is trying to prosecute someone else for as something other than doing their job. What is his job?? Trying to fry his own...Now that is commendable, eh? This is war...not a playground scuffle. Wake up!!! As Patton would say..."You don't win wars by dying for your country, you make the other poor SOB die for his!!

to I Wonder wrote on Jul 12, 2008 9:39 AM:Your argument is silly. Capt Gannon is a prosecuter for the Government-he is doing his job. To say that he should have to have gone through what Sgt Weemer did to prosecute him is like saying that all prosecuters should have to have been in a gang to prosecute gang members; or had to have been raped to prosecute a rapist.

for to I wonder wrote on Jul 12, 2008 10:18 AM:No your statements are silly I agree with I wonder because I bet if you were one of our marines out there fighting defending us people defending capt. Gannon defending this country of ours you would realize that cases such as these are RIDICULIOUS.

Enough wrote on Jul 12, 2008 11:09 AM:with persecuting and prosecuting our Marines. They are doing what they were trained to do. Maybe you want them to stop someone and say "Excuse me, but are you carrying a weapon, planning to blow yourself up or trying to hurt me?" Now doesn't that sound silly? This is not an ordinary war where the opposition is clearing wearing military uniforms. I for one would shoot now and ask questions later. By the way I am not a male, I am a 70 year old grandma who is sick of reading all this crap. God Bless the Marines and all the other military serving.

to I wonder wrote on Jul 12, 2008 3:32 PM:For to I wonder wrote that if I was one of the Marines fighting for our country I would realize that this is ridiculous. I am a Marine (infantry for that matter) and have deployed 4 times to Iraq- in fact I just returned. The case may be ridiculous but that is not Capt Gannon's fault. Re-read my argument as it hasn't and wont change. A prosecuter isn't required to walk in every defendant's shoes in order to prosecute him. Having fought through Al Fajr (Fallujah, 2004-2005) I understand Sgt Weemer's actions- they may or may not be right- but I still understand. It doesn't mean that a Law of War violation wasn't committed.

Les wrote on Jul 12, 2008 3:33 PM:There are more than a thousand WW2 era veterans dying every day. If the Marine Corps had conducted the same types of witch-hunts, with the same vigor, in the Pacific during World War II, as they now pursue these brave Marines fighting in Iraq, how many of those WW2 Vets would be dying in prison. Get a grip Marine Corps Brass, you are at war! You are treating our fighting men worse than the hippies in the 60’s who spat upon them and called them “baby killers”, how dare you. Hang your heads in shame for the lives you ruin.

I wonder... wrote on Jul 12, 2008 10:49 PM:To the person who commented at 9:39 am, who said my argument is silly???? I beg to differ. The mistake YOU made is that Capt. Gannon is not "just" a prosecutor doing his job...HE IS A FELLOW MARINE. Perhaps if he had experienced even one iota of what all these Marines he is and has prosecuted had been through...(up close and personal) he would not be so quick to bring charges in these ridiculous cases where Marines are DOING THEIR JOBS!! No doubt he has no clue.

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