CAMP PENDLETON - A Marine captain testified Tuesday that the first word from the field about the deaths of 24 Iraqi civilians in the city of Haditha in 2005 attributed the fatalities to combat and that he never had reason to believe a war crime had been committed.

Special Report

Capt. Randy W. Stone, 34, made the assertion during a 25-minute address at the conclusion of seven days of testimony in a probable cause hearing that will determine if he is ordered to court-martial for dereliction of duty.

Stone was the legal affairs officer for Camp Pendleton's 3rd Battalion, 1st Marine Regiment in Iraq at the time of the killings, which took place at the hands of troops from the unit's Kilo Company. He is accused of dereliction for failing to order a formal investigation.

"I have never lied and have worked at all times to assist as best I could to shed light on what I knew and when I knew it," Stone told hearing officer Maj. Thomas McCann in a hushed courtroom. "The most frustrating thing is the reality that even looking at this whole matter through 20/20 hindsight, I know I was trying to help.

"My firm belief - that there was no law of armed conflict violation - was the foundation for what actions I did take as well as action I did not take," Stone said as he attempted to save his military career.

In closing arguments after Stone spoke, a prosecutor contended that Stone needed to be held accountable for failure to investigate a suspected violation of law, a suspicion that didn't arise until several weeks later when a Time magazine reporter said he had reason to believe a massacre had taken place.

"The evidence suggests he didn't do anything," Lt. Col. Paul Atterbury said of Stone. "The questions weren't asked (by Stone) of the right Marines."

The prosecutor also contended that Stone needed to serve as a moral compass for the battalion and therefore should have known to conduct at least a preliminary inquiry. The dead included two women and five children.

"He's responsible to make sure his fellow Marines do not become desensitized to the morally bruising environment that is the al Anbar province of Iraq," Atterbury said.

The case boils down to accountability, and Stone failed to carry out his job, the prosecutor said.

McCann also could consider additional charges of filing a false official statement for an e-mail Stone sent in late December to another Marine officer in which some of what he knew wasn't included, Atterbury contended, adding that a charge of conduct unbecoming an officer also could be levied.

Stone's attorney, Charles Gittins, said those suggestions typified the government's case, comparing the charging decision to a dartboard at which prosecutors blindly threw darts and filed criminal accusations on the basis of where the missiles landed

"This entire case is an illusion of the truth," Gittins said during his closing argument. "This whole thing stinks - this can't be the way the Marine Corps does business."

None of the testimony from government witnesses showed that Stone knew anything beyond the first account given by the Marines who would ultimately face murder charges in the killing, Gittins said. That account indicated that the civilians were "collateral damage" killed during the course of a combat action and no investigation was necessary.

The attorney said that if his client is guilty, legal officers and other Marine commanders far up the chain of command are similarly guilty. Three other officers, including the former battalion commander, Lt. Col. Jeffrey Chessani, face similar charges.

Four enlisted men were accused of murder for their roles in the Haditha deaths, but that number dropped to three in early April when prosecutors dropped charges against Sgt. Sanick Dela Cruz, saying his testimony at the court hearings and any subsequent trials outweighed his involvement in the killings.

The slaying followed a roadside bombing that destroyed a Humvee on the morning of Nov. 19. After the bombing, five Iraqis who emerged from a nearby car were shot and killed, as were several civilians in nearby homes.

Maj. Kevin Gonzalez, the executive officer for the battalion in Haditha in 2005, was the last witness to testify before Stone spoke. Gonzalez said the 34-year-old native of Dunkirk, Md., was an able and competent officer who had been instructed to rely on higher-level legal affairs officers to determine when investigations were necessary.

"He was not expected to take affirmative action," Gonzalez said.

When Stone spoke, he delivered his remarks in a calm and clear voice while standing at a lectern. His comments were presented as an unsworn statement, meaning he could not be questioned by prosecutors. At its conclusion, he said he believed that justice will prevail.

"I have faith in this community and the military justice system to which I have devoted the past four years," he said.

The next step is for McCann to write a report to Lt. Gen. James Mattis stating whether he believes the evidence warrants sending Stone to trial. Mattis will make the final decision as head of Marine Corps forces in the Middle East and as commander of Camp Pendleton's I Marine Expeditionary Force.

Similar probable cause hearings for the other six defendants in the Haditha case take place at Camp Pendleton in the coming weeks.

Chessani is due in court at the end of this month.

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