U.S. Marine spared from jail time in Iraq killings

CAMP PENDLETON, Calif (Reuters) - A U.S. Marine accused of leading a 2005 massacre of 24 civilians in the Iraqi city of Haditha was spared jail time when he was sentenced on Tuesday for his role in killings that brought international condemnation on U.S. troops.

The harshest penalty Staff Sergeant Frank Wuterich, 31, now faces for his guilty plea on Monday to a single count of dereliction of duty is a demotion to the rank of private, the lowest rank in the service, as recommended by a military judge.

More serious charges of involuntary manslaughter and aggravated assault were dismissed as part of a plea deal that cut short Wuterich's court-martial.

The outcome appeared certain to stoke outrage among Iraqis, adding to anger over other abuses by U.S. soldiers or private security contractors, including the 2004 Abu Ghraib prison scandal, during the more than eight years troops spent in Iraq since the U.S.-led invasion that toppled Saddam Hussein in 2003.

Even before it became clear that Wuterich would be spared from serving time in jail, relatives of the victims decried the results of his court-martial as a disgrace.

The head of the Iraqi parliament's human rights committee, Saleem al-Jubouri, said terms of the plea deal were "a violation of Iraqis' dignity" and vowed to convene his panel on Wednesday to discuss the matter.

Wuterich, whose guilty plea had carried a maximum possible penalty of three months in jail, showed no emotion as a military judge pronounced his sentence.

But in a pre-sentencing statement he read in court earlier in the day, Wuterich expressed remorse for the slayings and said he realized his name would always be associated with "being a cold-blooded baby-killer, an out of control monster."

As part of his guilty plea, Wuterich accepted responsibility for giving negligent verbal instructions to the Marines under his command when he told them to "shoot first and ask questions later," orders that resulted in the deaths of civilians.

In his court statement on Tuesday, Wuterich added that when he gave that order, "the intent wasn't that they should shoot civilians. It was that they would not hesitate in the face of the enemy."

He said that he and his fellow Marines behaved honorably under extreme circumstances, and that he "never fired my weapon at any women or children that day."

A final decision on a demotion of rank for Wuterich is up to the commander of the Marine Corps Forces Central Command, Lieutenant General Thomas Waldhauser, who had ruled out any confinement as part of the punishment.

Any discharge process faced by Wuterich, a father of three girls, will be separate from his sentencing.

OUTRAGE IN IRAQ

Wuterich was accused of being the ringleader in a series of shootings and grenade attacks on November 19, 2005, that left two dozen civilians dead in Haditha, a city west of Baghdad that was then an insurgent hotspot.

The killings were portrayed by Iraqi witnesses and military prosecutors as a massacre of unarmed civilians -- men, women and children -- carried out by Marines in anger after a member of their unit was killed by a roadside bomb.

Defense lawyers argued the deaths resulted from a chaotic, fast-moving combat situation in which the Marines believed they were under enemy fire.

Jeffrey Dinsmore, an intelligence officer with Wuterich's battalion, testified on Tuesday that insurgent forces "had complete control over the city (of Haditha) at the time" and the unit had received word that an ambush was likely.

He said insurgents were known to commandeer homes as places to launch attacks and to use civilians as human shields.

Six of the seven other Marines originally accused in the case had previously had their charges dismissed by military judges, while another was cleared of criminal wrongdoing.

Even before sentencing, word of a plea deal that carried a jail term of no more than 90 days for Wuterich sparked indignation in Iraq, where Ali Badr, a Haditha resident and relative of one of the victims, called it "solid proof that the Americans don't respect human rights."

"This is not a traffic felony," said Khalid Salman, a lawyer for the Haditha victims' relatives and a cousin of one of those killed, expressing his shock at the plea ahead of sentencing.

Wuterich, in his statement on Tuesday, directed an apology to family members of those killed in Iraq, but said civilians were not singled out for attack.

"Words cannot express my sorrow for the loss of your loved ones," he said. "The truth is, I don't believe anyone in my squad ... behaved in any way that was dishonorable or contrary to the highest ideals that we all live by as Marines."

"But even with the best intentions, sometimes combat actions can cause tragic results," he added, reading calmly and deliberately.

In his own remarks to the judge before sentencing, Wuterich's civilian defense lawyer, Neal Puckett, said his client had unfaltering integrity and was "not evil," but knew that his Marine career was at its end.

After the proceedings, his lawyers said Wuterich planned to pursue a post-military career in information technology.

Wuterich enlisted in the Marines after his 1998 graduation from high school, where he was an athletic honor-roll student and played with the marching band. He was serving his second tour of duty in Iraq when the Haditha incident occurred.

(Writing by Steve Gorman; Editing by Cynthia Johnston)

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Marine tape reaction sets Taliban fighters against commanders

KABUL (Reuters) - Taliban fighters in Afghanistan have been enraged by a video which shows U.S. marines urinating on three corpses, believed to be insurgents, and some say they do not understand their leadership's relatively measured response to the tape.

News of the clip spread fast across Afghanistan, even though only a minority of people have electricity and the internet is restricted to a tiny urban elite.

Radio can reach remote militants and villagers and mobile phones are used by many Afghans, on both sides of the war, for storing and sharing videos even in remote areas with little communications infrastructure.

"I heard from some friends about this shameful act of the U.S. forces but could not see it at first," said one militant who called himself Qari Babar, explaining that a Pashto-language radio broadcast first alerted him to the tape's existence.

The video, posted on YouTube and other websites, shows four Marines in camouflage combat uniforms urinating on three corpses. One of them jokes: "Have a nice day, buddy." Another makes a lewd joke.

Afghan President Hamid Karzai has condemned the video, describing the men's actions as "inhuman" and calling for an investigation. U.S. and NATO military commanders condemned the actions of the men, and Pentagon has acted quickly to respond to the video, in a bid to limit the fallout.

Although a Taliban spokesman criticized it last week, he said it would not harm nascent efforts to broker peace talks.

For some insurgents, their leadership's muted response to the Marines' actions was unwelcome, particularly after reports the Taliban had agreed to open a political office in Qatar to ease possible negotiation with the United States and allies.

"Our leaders overlooked this degrading and inhumane act of American soldiers because they are interested in peace talks," said Mullah Mohammad Gul, a local Taliban commander in southern Helmand province, where the video is believed to have been made.

"Our duty is to defend our sacred religion and our people and we will keep fighting, no matter what."

Insurgent fighters in other parts of the country said the video could undermine discipline and push foot soldiers to ignore orders from higher ranked fighters.

"Until now, we were following guidelines and principles laid down by our senior commanders for us to follow while fighting," said Babar, active in Afghanistan's eastern Nangarhar province.

Young insurgents might ignore orders in future, he added.

U.S. General John Allen, who commands international troops in Afghanistan, accused the Taliban's one-eyed leader, Mullah Muhammad Omar, this week of having "lost all control" of his frontline fighters after several suicide bombings in the restive south killed almost 20 people, mostly civilians.

Babar said he watched the video with around 70 fighters, and said it shocked them even though previous cases of abuse by foreign soldiers in Afghanistan, including the murder of innocent civilians, had been well publicized.

"Every one is now desperately trying to find U.S. soldiers to take revenge for the desecration of the bodies," he added.

HATE WILL GROW

Several commanders also thought the Marines' actions would also help bolster the group's standing with the rural Afghans they fight among.

"It helps us to win the support and sympathy of the Afghan people," Abdul Basit, who fights in eastern Khost province where insurgents have a strong presence, told Reuters.

"You see now the entire nation, even so many people in the government and armed forces, have turned against them because of the atrocities," Basit said.

Basit added that they had been advised by their leaders not to kill their prisoners and spies but after seeing the video, many of them might not control themselves in future.

In the southern town of Marjah, a part of Helmand that has seen heavy fighting and was the centre of a U.S.-led campaign to displace the Taliban in early 2010, another commander agreed.

"It is good that such video has emerged which showed Americans' inhumane acts," Mullah Abdullah told Reuters by satellite phone. He disagreed it would sap discipline, and instead saw a groundswell of greater support.

"From now on, hate against the foreign troops will grow in the hearts of every Muslim, especially in Afghanistan."

(Additional reporting by Jibran Ahmad in PESHAWAR, writing by Emma Graham-Harrison)

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1 Marine killed, 5 injured in helicopter crash

The crash occurs around noon at Camp Pendleton Marine Corps baseOfficials are investigating the cause

Los Angeles (CNN) -- One of the Marines injured in a helicopter crash in southern California has died, authorities said.

The Marine, whose name was not released, was among six who were rushed to hospitals after a UH-1Y (Huey) helicopter crashed in the northern section of Camp Pendleton on Wednesday, a Marine Corps statement said.

The other five were recuperating early Thursday morning.

The helicopter, belonging to the 3rd Marine Aircraft Wing, crashed shortly before noon Wednesday in the San Mateo Area of Camp Pendleton, southeast of San Clemente.

Officials are investigating what caused the mishap.

CNN

Report: Marine never fired on SWAT officers who fatally shot him

Deputies fire more than 70 shots during a drug raid near TucsonJose Guerena is hit more than 20 timesHe never took his weapons off safety, report saysOfficers remain on active duty; no legal action has been takenFor more on this story, see CNN affiliate KGUN9.com

Tucson, Arizona (CNN) -- A U.S. Marine who died in a flurry of bullets during a drug raid near Tucson never fired on the SWAT team that stormed his house, a report by the Pima County Sheriff's Department shows.

The revelation was contained in an internal investigation released by the department Thursday.

Jose Guerena died May 5 after a SWAT team descended on his home in a Tucson suburb with a search warrant. His home was one of four believed to be associated with a drug smuggling operation in the area.

A video released Thursday by the sheriff's department shows the uniformed SWAT team pulling up outside his house, sounding their sirens, banging on the front door -- before kicking it in -- and opening fire shortly after entering the home.

Watch video on CNN affiliate KGUN9

Officers fired more than 70 shots, the investigation showed. Deputies said they opened fire after Guerena, 26, gestured at them with an AR-15 -- a semiautomatic rifle.

Some of the officers said they believed that Guerena fired on them, but the investigation showed that no shots were fired from the weapon and it was never taken off the safety position.

Initial news reports indicated that he had been struck by more than 60 bullets. However, CNN has seen an initial report from the medical examiner that details 22 bullet wounds.

A lawyer representing the deputies defended their actions.

"They absolutely responded how they were trained. They responded within Arizona laws, within the law throughout the nation," attorney Mike Storie said.

"If you are faced with that type of deadly threat, you're allowed to respond."

Guerena served in Iraq and was discharged from the Marines five years ago. He was working for a mining company in the Tucson area.

But authorities allege he also was involved in drug smuggling, strong-armed robberies and human smuggling.

A search of the home after the shooting revealed nothing illegal, although officers found weapons and body armor.

The five deputies involved in the shooting remain on active duty. No criminal charges have been filed and no disciplinary action taken.

The findings of the investigation are detailed in a five-inch thick report, including a 60-page statement from Guerena's wife, Vanessa, who was in the home at the time of the shooting along with a young son.

In addition to the video, the sheriff's department also released audio of Guerena calling 911 to get medical attention for her husband. Audio of the SWAT team's radio conversations was also included.

She has retained a lawyer, but no legal action has been taken.

"We just learned that the sheriff's department has released voluminous amounts of information in respect to this incident," said Guerena attorney Chris Scileppi. "We will review the documents and CDs, and will make ourselves available for comment in the near future."

CNN's Ed Payne contributed to this report.

CNN

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