NORTH COUNTY - Citing insufficient evidence, a military hearing officer is recommending that all charges be dropped against a Camp Pendleton Marine accused of murdering three of 24 Iraqi civilians slain in Haditha in 2005.

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The recommendation is contained in a written report prepared by Lt. Col. Paul Ware, who presided over a five-day hearing last month where the case against Lance Cpl. Justin Sharratt was aired.

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Sharratt, a 22-year-old rifleman from the base's 3rd Battalion, 1st Marine Regiment, contended that the Iraqi men he confronted were insurgents and that two were holding AK-47 assault rifles when he shot them inside a home.

Ware's recommendation to Lt. Gen. James Mattis to drop the case supports Sharratt's version of his role in what became the largest single Iraqi civilian death case of the war. As head of Marine Corps forces in the Middle East, Mattis is responsible for deciding whether to accept the recommendation or take some other action.

"The government version is unsupported by independent evidence," Ware wrote in the 18-page report released late Tuesday by Sharratt's attorneys. "To believe the government version of facts is to disregard clear and convincing evidence to the contrary."

Ware also said that further prosecution of Sharratt could set a "dangerous precedent that … may encourage others to bear false witness against Marines as a tactic to erode public support of the Marine Corps and its mission in Iraq."

Sharratt's two civilian attorneys, Gary Myers and James Culp, said in a written statement that they believe Ware's recommendation was the only logical course based on the evidence heard during the hearing.

"This stands in stark contrast to the hysteria of some elements of the press and certain members of Congress," their statement said.

Reached at her Pennsylvania home, Sharratt's mother, Theresa Sharratt, said her son was speechless when he first learned of the recommendation during a telephone call.

"He didn't say anything at first," she said. "He is very happy and we are very, very happy and 99 percent sure that everything is working out in Justin's favor. We always had faith in our son."

Sharratt is one of eight men charged in the Haditha incident. The two dozen civilians were killed by the Marines after a roadside bomb destroyed a Humvee, killing a lance corporal.

Five Iraqi men who drove up in a car moments later were killed, and 19 others, including several women and children, died inside four homes stormed by the Marines.

The four Iraqi brothers Sharratt shot were inside the last of the four homes that were assaulted that day. Sharratt and Sgt. Frank Wuterich confronted the men inside a bedroom and shot them after they said two of the four Iraqis appeared to be preparing to fire at them.

The Iraqi men's survivors had contended the men were herded into the room and shot, a version that Ware found unbelievable.

"Whether this was a brave act of combat against the enemy or tragedy of misperception born out of conducting combat with an enemy that hides among innocents, Lance Cpl. Sharratt's actions were in accord with the rules of engagement and use of force," Ware wrote.

Wuterich faces 13 counts of murder and will be the subject of a probable cause hearing later this summer that will determine if the charges against him move forward.

Two other enlisted men also were accused of murder at Haditha - Lance Cpl. Stephen Tatum and Sgt. Sanick Dela Cruz. A probable cause hearing for Tatum begins Monday, and charges against Dela Cruz were dropped in April in exchange for his testimony.

Four battalion officers face dereliction of duty charges alleging that they failed to properly investigate and report the Haditha deaths.