Marine ordered to trial

By Chelsea J. Carter, AP Military Affairs Writer
Sunday, August 10, 2008 | 2 comment(s)

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SAN DIEGO — A Camp Pendleton Marine sergeant was ordered Friday to stand trial on charges of unpremeditated murder and dereliction of duty in the killing of an unarmed detainee in Fallujah, Iraq.

Lt. Gen. Samuel Helland ordered the court-martial of Sgt. Ryan Weemer after finding there was sufficient evidence to send him to trial.

Weemer is one of three current and former Marines accused of breaking rules of engagement and killing four men they had captured after a platoon commander radioed to ask whether the Iraqis were “dead yet.”

A telephone message left by for Weemer’s attorney, Paul Hackett, was not immediately returned.

The killings happened in November 2004 during the invasion of Fallujah, one of the fiercest ground battles of the Iraq war.

The case came to light in 2006, when Weemer volunteered details to a U.S. Secret Service job interviewer during a polygraph screening that included a question about the most serious crime he had ever committed.

Weemer, of Hindsboro, Ill., is charged with one count of murder and six counts of dereliction of duty encompassing failure to follow the rules of engagement in Fallujah and to follow standard operating procedures.

Helland’s decision to order the court-martial follows an Article 32 hearing, similar to an evidentiary hearing, where prosecutors argued that Weemer, a burly 25-year-old honored with a Purple Heart, should be tried for unpremeditated murder because he knew the rules of engagement forbade harming anyone in his custody.

During the hearing last month, prosecutors played a tape recording of the Secret Service interview where Weemer recounted arguing with his squadmates about what to do with the detainees — all military-age males captured in a house where weapons were also found. The squad was under pressure from the platoon to get moving.

Marine Corps spokesman Lt. Col. David Griesmer said Weemer next faces arraignment on the charges at Camp Pendleton. A date has not been set.

Weemer’s attorney has put much of the blame on Weemer’s former squad leader, saying Jose Nazario Jr. escalated the situation inside the house by beating one detainee with the butt of a rifle after the weapons cache was found.

Nazario, 27, of Riverside, Calif., has been charged with two counts of voluntary manslaughter in the killing of two captives. The former sergeant is scheduled to be tried Aug. 19 in federal court because he has already completed his military service.

Another Marine, Sgt. Jermaine Nelson, 26, of New York, is slated to be court-martialed in December on charges of unpremeditated murder and dereliction of duty for his role in the alleged killings.
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Samuel wrote on Aug 10, 2008 9:16 AM:

You know I honestly do not get it! If this Sgt went ahead on his own accord and murdered the guy, then I can see the court martial being needed, but when the order comes down from the upper eschelons to carry out something, you had better do it or else you yourself will be shot. Even though Congress did not officially declare a war, the military is treating this as if they did and are forcing lower ranking people to commit crimes with in the rank and file and then not backing their troops when they get caught with their pants down. What a shamm!!! I was in the Marines during the first Gulf Conflict and that is what the brass in my unit was forcing troops to do. And most of us had not been deployed yet! They wonder why the GI's are going AWOL and leaving the US for Canada and other points of no return.

former soldier wrote on Aug 9, 2008 8:24 PM:

could you be any more stupid than to talk about this in a taped interview?

i mean if the question was what's your most serious crime why would you mention it if your in a war zone doing your job? if you think that you commited a crime over there, why not just answer that your most serious crime was smoking pot and if you dont pass, you dont get the job but you also dont go to jail.

hope you dont end up at the usdb over this. all i can say in your favor is the marines look after their own 100 times more than the army. good luck


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