MILITARY: Trial recommended in Fallujah killing

Hearing officer says Sgt. Ryan Weemer should face court-martial in detainee slaying case

By MARK WALKER - Staff Writer | Friday, July 18, 2008 10:59 PM PDT

CAMP PENDLETON ---- A Marine sergeant who last year disclosed that he took part in the slaying of four captured insurgents during a battle for the Iraqi city of Fallujah should face court-martial for murder and dereliction of duty, a hearing officer is recommending.

Maj. Glen Hines makes the recommendation in a report to Camp Pendleton's Lt. Gen. Samuel Helland, the convening authority over the case in his role as head of Marine Corps forces throughout the Middle East.

Sgt. Ryan Weemer's attorney, Paul Hackett, said Friday that he wasn't surprised at Hines' finding, which comes following a two-day hearing at Camp Pendleton last week to determine if there was enough evidence to warrant Weemer facing trial.

If Helland does order Weemer to trial, Hackett said he will ask that a jury comprised of Camp Pendleton troops hear the case. That panel could include one-third of its members coming from the enlisted ranks.

Weemer was a corporal during a massive fight for the city of Fallujah in November 2004. On Nov. 9, his squad, led by former Marine Sgt. Jose L. Nazario Jr., captured four insurgents and were holding them in a house.

Nazario is alleged to have shot two of the men, then ordered Weemer and a second Marine, now-Sgt. Jermaine Nelson, to kill the other two men, according to court documents.

Nazario is no longer in the service and faces one count of voluntary manslaughter and related charges. He is being prosecuted in U.S. District Court in Riverside.

Nelson, who also is charged with murder and dereliction of duty, has been ordered by Helland to face court-martial in a trial at Camp Pendleton in December.

The case came to light last year when Weemer told a Secret Service agent during a job interview that he was aware of "unlawful" deaths in Iraq.

During Weemer's hearing last week, Hackett raised the possibility of self-defense.

In doing so, the attorney 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.

Capt. Nicholas Gannon, a Marine prosecutor, rejected that assertion by saying that Weemer had never previously raised that rationale in any statements to the Secret Service interviewer or investigators probing the Fallujah killings.

The 25-year-old Weemer, who joined the Marine Corps in 2001, also faces dereliction of duty charges for allegedly failing to adhere to the military's rules governing the treatment of captured enemy combatants.

Under the military justice system, a formal arraignment on alleged charges and the entering of a plea does not take place until an accused has been ordered to trial.

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

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Jim wrote on Jul 19, 2008 5:42 AM:What a croc! We are talking about the same -don't give a damn people- that cut heads off of innocent civilians to prove how tough they are.
Let the marine go. He did what he was trained to do, and I thank God (my God) he is willing to.
How many were brought up on charges for killing captured enemy during the last sanctioned war (WWII) that they could not deal with?

StrykerMom wrote on Jul 19, 2008 6:07 AM:Sgt. Weemer, we are all praying this nightmare ends in your favor very soon. You are a brave young man and deserve much, much better.

Marine Corps brass are hiding in the tall grass when they should be looking out for the men they send into combat.

Bo wrote on Jul 19, 2008 10:10 AM:Enough of the witch hunts! Charge the REAL war criminals; Bush, Cheney, Rumsfield, and Rice!

Dad wrote on Jul 19, 2008 10:33 AM:Leave this Marine alone. It will never cease to amaze me how many commanders in the military have never combat or had any trigger time. He had a tough option and had to take it. I have the war closely and I cannot believe that so many of our soldiers our getting punished for doing their job. IT IS A WAR! This is not some little conflict. The enemy has no problem torturing our troops and killing them, but we feel it is ok to punish our troops for taking them out. Read the article in the July 2008 "Esquire" magazine. The title is "The Six-letter word that changes everything." It was the saddest story I read about the war and an unjustified prosecution of a soldier. May GOD bless our troops and bring them home safely soon.

DESERT BUG wrote on Jul 19, 2008 11:00 AM:"After such a request [by the accused], the accused may not be tried by a general or special courts-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court,..." 825. ART, 25. WHO MAY SERVE ON COURTS-MARTIAL, UNIFORM CODE OF MILITARY JUSTICE. NCT article says, "That panel could include one-third of its members coming from the enlisted ranks." According to the law the panel could include ALL of its members from the enlisted ranks. Obviously the requirment is that A MINIMUM of one-third enlisted members would be required. A plain English reading of the article's language implies that the panel would be limited to one-third. This may sound picayune, but I cite it only because it illustrates the inaccurate reporting that the media has been giving these cases of the persecuted Marines. It would have been better had the article said, "If Sergeant Weemer requests that enlisted members serve on the panel, AT LEAST one-third of the panel must be enlisted members."

Chris wrote on Jul 19, 2008 2:06 PM:Just the usual. Just cry, cry,cry for the Marines. The Idea is to have a trial in order to see if a crime was committed. But since it may have been committed against and Iraqi then let's just forget it. Cry,cry cry.

AWcryinoutloud wrote on Jul 19, 2008 6:24 PM:To Chris: Skip your next tangent with the ridiculous history lessons and battle strategies and share with all of us how you, in your infinite wisdom, can PROVE whether the deceased were or were not the enemy? Please PROVE how you know these were innocent IRAQI'S and not the enemy. Don't forget to skip the bs routine; go straight to the PROOF.

Krypto wrote on Jul 19, 2008 6:31 PM:Chris, it sounds like You ahven't served, so shut up, When in war, death happens. It's better that the enemy died than our troops.

Desert Slug wrote on Jul 19, 2008 7:35 PM:Freedom of speech people. Without Chris this blogging board would be zzzzzzzzz!
And you call yourselves good Americans!!
There are two people named Chris and one of them is an old Viet Nam war veteran who was called all kinds of names just because his name was Chris.

One blogger even said Chris was persecuting the marines and a flower child and should be ashamed of himself-they did not even bother to read what he said!!

I have heard that our military men and women would and have died to defend you right to free speech.

A few know bloggers-who are full of themselves-profess to be so patriotic and informed of military matters by there words, but do not know, or understand that real military men and women have died so that person they disagee with has a right under our constitution to speak his mind --and NOT TOLD to SHUT UP!!
You then sound and become the "BROWN SHIRT". And,you are no better than a seik heil Brown Shirt you may well be!!

Heffe to Krypto wrote on Jul 19, 2008 7:55 PM:Why dont they print my stuff! KRYPTO-probably none of the bloggers have any military experience except you! If they have they will not say. I would not be surprised if CHRIS was or is military and just pulling our chain-what about that?

John wrote on Jul 19, 2008 8:06 PM:I am tired of hearing Marine Corps Leadership sendng brave Marines into into dangerous areas in Iraq and Afghanistan that put them at grave risk. They are then ham strung with ridiculous rules of engagement. Combat does not allow you the luxury of time in making a decision to use deadly force. Coupled with this and thinking about when to shoot can only lead to dead Marines. There job is to kill the enemy and not to worry about being prosecuted for it. I'm sick of it.

AWwinenoutloud wrote on Jul 19, 2008 8:12 PM:Leave this Marine alone. This is war!

AWwinenoutloud wrote on Jul 19, 2008 9:11 PM:Let Chris talk-freedom of speech. And you all know they will have more trials for Marines because of the Krulak doctrine. You will be liable for your actions-read about what Uncle Sam said. He nailed it!

AWcryinoutloud wrote on Jul 19, 2008 9:14 PM:To Desert Slug: Before you go defending someone and calling others no better than Hitler, so to speak, you should know that I've asked Chris if he was the one who has been blogging for months and if not then he should change his blog name because the Chris that most of us have come to know is NO patriot, NO defender of our troops, and NO lover of America; all evident by his comments. He defends what he refers to as Iraqi's, not knowing who the enemy truly is, and accuses Marines before they ever get to trial. If the Chris you're referring to isn't the one I'm referring to, and you know him, then tell him why some of us can be rude. If you want to call me a brown shirt because I disagree with your friend then have at it but remember we ALL have the same right to freedom of speech, even when you don't like it. As for what we know about this stuff, let me tell you that I watched a good, decent Marine screwed over at his court-martial. He now sits at Leavenworth, so please don't presume to tell me that I'm not informed of military matters. I've learned more in the past two years than I ever wanted to know about military matters. Bottom Line concerning military matters and military justice? There is NO justice!

Chris to AW wrote on Jul 19, 2008 9:22 PM:This is what a trial is all about but I see you don't want one. The reality is you don't care wheather or not this Marine is guilty. Just admit that you don't give one hoot about the Iraqis.

AWcryinoutloud wrote on Jul 19, 2008 11:50 PM:To the Chris at 9:22PM: Of course I don't want a trial. There is no legal or just reason for one. As for reality, you're clueless. The difference between you and me is that I give OUR Marines the benefit of the doubt. They're Americans. YOU, on the other hand, defend people just because they're in Iraq and look Iraqi even though they may not be Iraqi. Geeze Chris, try watching the news once in awhile. Keep up will ya!

AWwinenoutloud wrote on Jul 20, 2008 9:09 AM:AWcryinoutloud
Whoever you are my advise to you is GET A Life. You are making a fool of yourself with you immature comments and lack of understanding about the world in general and military matters.

LET THE MARINE CORPS take care of there own! THIS trial is military business and military procedures are being followed to look at the facts and GIVE THIS MARINE A FAIR TRIAL---SO STOP WHINING ABOUT THINGS YOU REALLY DO NOT KNOW ABOUT. Get a life and lighten up!!

Patriot wrote on Jul 20, 2008 9:37 AM:AWcryinoutloud-You say CHRIS is NO patriot, NO defender of our troops, and NO lover of America; --AND YOU ARE??

Are you the thought police? Dissent in America is our right to free speech. If you want to shut up the press and anyone who expresses an opinion you dislike move to RUSSIA!!

God Bless America, and our Constution granting freedom of the press!!

Read Leatherneck Magazine ( a civilian publication ) to keep yourself informed on current events.! Read the Constution-freedom of the press!

THIS trial is Corps Business -like it or not!!

AWcryinoutloud wrote on Jul 20, 2008 11:11 AM:To AWwinenoutloud: Do you know what's fascinating about bloggers such as yourself, Patriot, and Chris (the one who never supports the troops)? ALL of you jump on someone who "does" support the troops. Now, what's up with that? I could see your animosity if I was yelling for them to be crucified but the three (?) of you choose to gang up on me. Now, cmon' guys, that's a little suspicious. If defending OUR Marines is considered making a fool of myself, then I shall continue, thank you. I'd just love to know why the three (?) of you choose to get all emotional over an American who defends AMERICANS. Again, suspicious! Your defense of the military's system of justice, also suspicious. IF you'd been paying close attention the past two years you'd know it has NOT been taking care of its own. I have a bunch of retired and active duty Marines who will back me up. You can insult me with your ignorant, idiotic comments but it doesn't change the fact that I "do" know what I'm talking about. THAT is what really bothers the three (?) of you.

AWcryinoutloud wrote on Jul 20, 2008 11:42 AM:To Patriot: Good Grief! One would think that you and AWwinenoutloud were joined at the hip...OR...the same person. Answer to your first question: YES! Answer to your second question: NO, just an American doing what you just said I have the right to do. What's your problem? It's good enough for you, AWinen, and Chris but not for me? I Never said I wanted to shut up the press or anyone who expresses an opinion I dislike. I asked Chris (the original one) to PROVE something. Good luck on that. Get a grip! Your emotions seem to be stifling your brain. There you go with your God Bless America and the Constitution granting freedom of the press routine. Sounds like it works for you as long as "I" don't exercise "my" right to it. Oh For Goodness Sake! I SUBSCRIBE TO LEATHERNECK MAGAZINE. As for your ridiculous comment that this is Corp business, WRONG! Not when it affects the futures and very lives of Our Own Sons and fathers, and brothers, uncles, etc. Not when it affects the futures and lives of their families and every citizen in this country. OUR Marines are AMERICANS who have had THEIR Constitutional rights pulled right out from under them; all of the very things you 'say' you care about. You have a strange way of representing. These are my personal opinions and not those of NCT.

DESERT BUG wrote on Jul 20, 2008 2:30 PM:To [false]Patriot, [Insurgent lover]Chris, AWwhineoutloud and all you other misguided souls. The subject of this article, which you don't seem to comprehend, is that a hearing officer has recommended that Sergeant Weemer be tried by Court Martial. It is ALLEGED, I repeat ALLEGED, that he admitted to this and that. In fact, it will be shown at trial that he confessed to NOTHING, but simply responded to an irrelevant question in a job interview about what was his worst experience. OF COURSE it is painful to remember. "This is military business..." Duhhhhh, gee, I never thought of that!! Hey, this is the business of EVERY citizen of this country. The military just happens to be subordinate under our Constitution and is subject to scrutiny by every citizen who values freedom. According to "This is military business" reasoning, the military is a power unto itself. It isn't. Do yourselves a favor and at least learn the FUNDAMENTALS of our system of government. Almost ALL OF THESE PERSECUTIONS of our Marine have fallen apart with the passage of time with either greatly watered down "punishments" or outright dismissals. Time will show that Larry Hutchins, for example, was WONGLY convicted and he will be exonerated, much to the disappointment of those who, like Jane Fonda, tend to sympathize with the enemy and condemn our country and its defenders.

AWcryinoutloud wrote on Jul 20, 2008 2:34 PM:With all due respect to Patriot and Winen, just to appease you I went to the Leatherneck site. My opinion is confirmed. I also subscribe to Leatherneck but it does not mean that every word comes from sources that I'm going to trust just because it's in a certain magazine. I really don't care about you guys and your history of battle strategies but I do care about the trend to persecute Marines and Soldiers for doing what they felt necessary in time of war. I notice that Leatherneck is comprised of "many" news sources, one being the LA Times. Please! No Comment! I'm afraid to ask what "ethicalcorp" is but will check it out. As for Salem-News, they're unaware they once published something not written by the person they thought. So, when you ask DESERT BUG or anyone to accept, without question, what you say an article says or without knowing who truly wrote the article, then you ask the ridiculous. You ask the same the prosecution asks when they Persecute our Marines. You ask everyone to take your word just because you spoke. Oh, and before you start in on me again, my technical comments come from actual Army, Marine Corps, DOD, GAO, and other government publications and documents, not the LA Times. How any of you, including and especially Uncle Sam, could have glossed right over General Krulak's words to all Marines from the lowest to the highest ranks to NOT punish junior members for, in effect, doing their jobs to their best of their abilities, even when there are errors......He did not believe in Senior Marines punishing and persecuting their own. Yet, in all your combined wisdom all you can come up with is the attitude that that's the way it's done or to tell someone who cares to "get a life"? I have news for you, with that remark you are telling hundreds, if not thousands, of Marines that that's just the way it's done and to get a life. This "IS" their life!

DESERT BUG wrote on Jul 20, 2008 4:03 PM:I think AWcryinoutloud focuses on an important factor, and that is THE SOURCE of purported facts and information. I also try to get my facts from as basic a source as I can. That being said, I know from MANY sources that our Marines, and yes Soldiers too, and all our military have been systematically mistreated and abused, not only through these damnable PERSECUTIONS, but by a screwed up Veterans Administration, especially the terrible scandals at Walter Reed and other medical facilities; the denial and/or delay of entitled benefits and on and on. Another focus AW (the real AW, not the sarcastic AWwine..) mentions now and has before is PERSPECTIVE. There are THOUSANDS of Marines, active duty and retired, who KNOW from experience, not from publications, the rigors of the hell hole that is Iraq and Afghanistan. Right here in North San Diego County there are thousands of such Marines. If you haven't talked with a number of them in person and haven't been to Pendleton, for example, you are dealing in speculation and theories. The one's I've talked to agree with those of us who are bitterly opposed to what the DOD has done to our service members, which includes these PERSECUTIONS. Yeah, if some magazine relies on the LA Times or the New York Times for that matter, as a reliable source of information, that magazine isn't worth the paper it's written on. By the way, body counts and battlefield statistics are notoriously unreliable during the period of conflict, as was shown from the action in Viet Nam. The Iraqi Government is the source of much of the info on Iraqi casualties. Now, if you swallow that, you will swallow ANYTHING.

So Smart wrote on Jul 20, 2008 6:54 PM:So when we want the real skinny, forget Leatherneck Magazine, wow all us Marines are in shock. Check for the true facts with AWcryinoutloud and DESERT BUG -but wait--they sound like they are the same person to me. No Marine would use a name like Desert BUG! BUG!-

AWcryinoutloud wrote on Jul 20, 2008 8:07 PM:To So Smart: Not Too Bright is more like it. It depends on what you want the real skinny on doesn't it? Some things things I mention are the real skinny. Everything else is there for you to research the same way I did. All you have to do is read it. It's hard to believe that any Marine would hold animosity toward someone who would defend him. I think there may be a lot of using more than one name on this page but it sure isn't from DB or me. Sorry to disappoint.

Desert Snail wrote on Jul 20, 2008 9:15 PM:AWcryinoutloud --When did anyone on this blog tell hundreds, if not thousands, of Marines to get a life. I think the blogger was telling YOU to get a life. You said you get ALL your news from GAO and DOD? How interesting, I guess everyone should give up the N.Y.Times, Wall Street Journal and that RAG and piece of gossip which cant be trusted- ""THE LEATHERNECK MAGAZINE""- and read the DOD and the GAO.

Sounds like a winner to me. Where do I get a subscription for GAO and DOD, I love accurate news, news I can trust!

BTW you and the Desert Bug sound like the same person---hmmm! Like the last post said no self respecting gung ho Marine would call himself a BUG!!

Wow wrote on Jul 20, 2008 11:39 PM:All these bloggers are nuts. Two of them think they are experts on marines. This is funny. The article is about the trial and those two want to argue with anyone who makes a point. This is hilarious. My 13 year old son has more sense.

enlisted my butt wrote on Jul 31, 2008 11:34 AM:my husband was a sergeant and his trial included some enlisted members, a sergeant major and one other high ranking enlisted, yeah really a jury of his peers. sorry the jury will be hand picked by the command who brought the charges. the jury is made of people who also depend on the command for their raises.

the only thing i can say is that these guys are lucky they are marines, because the marines seem to look out for their own and understand what goes on in a war zone. whereas the army screw their own to.

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