CAMP PENDLETON -- A lance corporal accused of killing three Iraqi civilians in 2005 was described by his attorney Monday as a heroic Marine and not a murderer.

The attorney, Gary Myers, told a hearing officer that the deaths were the result of a legitimate combat action involving his client, Lance Cpl. Justin Sharratt. "The forensics in this case dispel entirely the notion that this was an execution," Myers told the hearing officer, Lt. Col. Paul Ware.

"He is not a murderer, he is in fact an extremely brave Marine," Ware said.

Myers' comments came as a hearing got under way in a Camp Pendleton courtroom that will determine whether Sharratt will be ordered to trial on three counts of unpremeditated murder for his role in the incident.

Sharratt is one of three enlisted men facing homicide charges in the deaths of two dozen Iraqi civilians in Haditha on Nov. 19, 2005. Marines there that day said that they were taking small arms fire from houses near the site of the bombing resulting from a subsequent house-clearing operation.

The men from the base's 3rd Battalion, 1st Marine Regiment are accused along with four officers from the same battalion who are charged with dereliction of duty for failing to order an investigation into the civilian deaths.

Sharratt, 22, was accompanied into court by his parents, Darryl and Theresa Sharratt.

The hearing is expected to last throughout the week, after which Ware will write a report with his assessment as to whether the evidence warrants ordering Sharratt to trial.

See Tuesday's North County Times for a complete report on Monday's proceedings.

Chessani Case

Defense attorneys for the highest-ranking Marine officer accused in the case, Lt. Col. Jeffrey Chessani, are expected to present closing statements Monday in Chessani's own hearing.

An attorney for Capt. Randy Stone, a military lawyer facing charges in the case, said on Saturday that an investigating officer recommended dismissing charges and handling the case administratively.

A final decision will be made by commanding general Lt. Gen. James Mattis.