San Diego – An investigating officer has recommended that the Marine at the center of the biggest prosecution of U.S. troops in the Iraq war should not stand trial on murder charges, a defense attorney said Thursday.
Staff Sgt. Frank Wuterich, 27, of Meriden, Conn., is charged with the unpremeditated murder of 17 Iraqis in Hadithah in 2005. The former squad leader allegedly directed his Marines in an assault that left 24 men, women and children dead.
Lt. Col. Paul Ware recommended that Wuterich should be tried for the lesser offense of negligent homicide in the deaths of five children and two women, said Neal Puckett, Wuterich’s attorney.
Ware reviewed evidence against Wuterich in a hearing known as an Article 32. His recommendation is nonbinding; the decision about whether Wuterich should stand trial rests with Lt. Gen. James Mattis, commanding general overseeing the case.
If Mattis accepts the recommendation for Wuterich and a similar one for one of his corporals, which appears likely based on past practice, no one will face murder charges in the biggest case involving civilian deaths in Iraq.
If tried and convicted of murder, Wuterich would face a maximum sentence of life in prison. Puckett said negligent homicide carries a maximum sentence of three years for each count.
Of four enlisted Marines initially accused in the case, charges have been dropped against Sgt. Sanick Dela Cruz and Lance Cpl. Justin Sharratt. Ware has also recommended that charges be dismissed against the third alleged shooter, Lance Cpl. Stephen Tatum.
Charges also have been dropped against two of four officers accused of dereliction of duty for failing to investigate the incident. Lt. Col. Jeffrey Chessani of Rangely, Colo., the highest-ranking of the officers, has been recommended for a court-martial, but Mattis has made no final decision.
