CAMP PENDLETON - A Marine battalion commander whose troops killed 24 Iraqi civilians in Haditha following a 2005 roadside bombing should face trial because he "failed to do his duty" by not fully investigating the deaths, according to a military hearing officer.

Col. Christopher Conlin makes the recommendation in a report - obtained by The Associated Press on Wednesday - that calls for Lt. Col. Jeffrey Chessani to face court-martial for two counts of dereliction of duty and one count of violation of a lawful order.

"He failed to thoroughly and accurately report and investigate a combat action that clearly needed scrutiny," Conlin wrote in his recommendation.

Whether Chessani stands trial is up to Lt. Gen. James Mattis, the convening authority over the case as head of Marine Corps forces in the Middle East and commander of Camp Pendleton's I Marine Expeditionary Force.

During a two-week hearing conducted by Conlin at Camp Pendleton in late May and early June, Chessani maintained that he reported what he knew to his superiors and never ordered a full-scale probe because he believed the Iraqi deaths stemmed from combat action.

The Haditha town council had presented Chessani with a written demand for an investigation eight days after the killings. Chessani's failure to go to the scene of the deaths and conduct a personal inspection were points that Conlin keyed in on during the hearing.

The 43-year-old Chessani, a Colorado native, commanded the 3rd Battalion, 1st Marine Regiment when the incident occurred Nov. 19, 2005.

The civilians were killed after a roadside bomb destroyed a Humvee, killing a lance corporal and injuring two other Marines.

Chessani's attorneys issued a written statement Wednesday calling Conlin's recommendation disappointing.

"If we are forced to go to a general court-martial, Lt. Col. Chessani will be judged by a true jury of his peers - many will be combat veterans themselves," wrote Brian Rooney. "We are very comfortable with that scenario."

Chessani is the highest-ranking officer among four charged by the Marine Corps with dereliction of duty. Two have yet to have court hearings. The case of a third officer, Capt. Randy Stone, should be handled administratively and not as a criminal matter, according to the recommendation of the hearing officer in his case.

In their statement, Chessani's attorneys contend the recommendation he face trial "deals more with political correctness than criminality."

"Col. Chessani is chastised in the report because he had more confidence in his men than in insurgent propaganda," they wrote.

The Haditha investigation arose three months after the incident when Marine commanders in Iraq were questioned by a Time magazine reporter.

If convicted, Chessani faces up to three years in jail, loss of retirement benefits and dismissal from the service, the officer's equivalent of a dishonorable discharge.

The Associated Press contributed to this report.

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