x Abu Dhabi, UAEMonday 24 July 2017

US soldier accepts plea deal in Haditha civilian deaths during Iraq war

A US soldier who told his troops to "shoot first, ask questions later" in a raid that killed unarmed Iraqi women, children and elderly has pleaded guilty in a deal that will carry no more than three months confinement.

Marine Corps Staff Sgt Frank Wuterich, centre, pleaded guilty to negligent dereliction of duty for leading his troops to disregard rules of combat during the Iraq war.
Marine Corps Staff Sgt Frank Wuterich, centre, pleaded guilty to negligent dereliction of duty for leading his troops to disregard rules of combat during the Iraq war.

CAMP PENDLETON, CALIFORNIA // A US soldier who told his troops to "shoot first, ask questions later" in a raid that killed unarmed Iraqi women, children and elderly has pleaded guilty in a deal that will carry no more than three months confinement and end the largest and longest-running criminal case against US troops from the Iraq war.

The agreement marked a stunning and muted end to the case once described as the Iraq War's version of the My Lai massacre in Vietnam. The government failed to get one manslaughter conviction in the case that implicated eight marines in the deaths of 24 Iraqis in the town of Haditha in 2005.

Marine Staff Sargeant Frank Wuterich, 31, who was originally accused of unpremeditated murder, pleaded guilty to negligent dereliction of duty for leading his troops to disregard rules of combat when they raided homes after a roadside bomb exploded near their convoy, killing one Marine and wounding two others.

The Haditha incident is considered among the war's defining moments, further tainting America's reputation when it was already at a low point after the release of photos of prisoner abuse by US soldiers at Abu Ghraib prison.

"The case doesn't end with a bang, it ends with a whimper and a pretty weak whimper at that," said Gary Solis, a former Marine Corps prosecutor and judge. "When you have 24 dead bodies and you get dereliction of duty, that's pretty good defense work."

Wuterich, his family and his attorneys declined to comment after he entered the plea that halted his manslaughter trial at Camp Pendleton before a jury of combat marines who served in Iraq.

Prosecutors also declined to comment on the plea deal. Marine Corps spokesman Lieutenant Colonel Joseph Kloppel said the deal was not a reflection or in any way connected to how the prosecution felt their case was going in the trial.

Wuterich had faced the possibility of life behind bars when he was charged with nine counts of manslaughter, among other charges. The prosecution implicated him in 19 of the 24 deaths.

The manslaughter charges will be dropped now that Wuterich has pleaded guilty to the minor dereliction of duty charge. As a result, he faces a maximum of three months in confinement, two-thirds forfeiture of pay and a rank demotion to private when he's sentenced.

Both sides were to present arguments yesterday during a sentencing hearing. Seven other Marines were acquitted or had charges dismissed in the case.

The killings still fuel anger in Iraq after becoming the primary reason behind demands that US troops not be given immunity from their court system.

Kamil Al Dulaimi, a Sunni lawmaker from the Anbar provincial capital of Ramadi, called the plea deal a travesty of justice for the victims and their families.

"It's just another barbaric act of Americans against Iraqis," Mr Al Dulaimi told The Associated Press. "They spill the blood of Iraqis and get this worthless sentence for the savage crime against innocent civilians."

The issue at the court martial was whether Wuterich reacted appropriately as a marine squad leader in protecting his troops in the midst of a chaotic war or disregarded combat rules and ordered his men to shoot and blast indiscriminately at Iraqi civilians.

Prosecutors said he lost control after seeing the body of his friend blown apart by the bomb and led his men on a rampage in which they stormed two nearby homes, blasting their way in with gunfire and grenades. Among the dead was a man in a wheelchair.

Wuterich has said he regretted the loss of civilian lives but believed he was operating within military combat rules.

During Monday's hearing, he acknowledged he told the squad before the raids to shoot without hesitation, leading them to believe they could ignore the rules of combat. He told the judge that caused "tragic events."

"I think we all understood what we were doing so I probably just should have said nothing," Wuterich told the judge, Lieutenant Colonel David Jones.

He admitted he did not positively identify his targets, as he had been trained to do. He also said he ordered his troops to assault the homes based on the guidance of his platoon commander at the time.

Wuterich also acknowledged in his plea that the squad did not take any gunfire during the 45-minute raid on the homes or find any weapons.

After Haditha, marine commanders ordered troops to try and distinguish between civilians and combatants.

The prosecution had several squad members testify, but many said they do not believe to this day that they did anything wrong because they feared insurgents were inside hiding. Several also acknowledged lying to investigators in the past, leaving doubt about their credibility.

The prosecution was further hurt by the testimony of former Lieutenant William Kallop, Wuterich's former platoon commander, who said the squad was justified in its actions because the house was declared hostile. From what was understood of the rules of combat at the time, that meant Marines could attack without hesitation, Mr Kallop said.