[NYTr] Marine Corps charges sergeant with Iraq murder

[All the News That Doesn't Fit]

sent by rick kissell

Los Angeles Times - Aug 20, 2007
http://www.latimes.com/news/local/la-ex-marine21aug21,1,7688411.story?coll=la-headlines-california&ctrack=1&cset=true 

Marine Corps charges sergeant with Iraq murder

By Tony Perry
Los Angeles Times /Staff Writer

CAMP PENDLETON --- The Marine Corps announced today it has charged a 
Marine with murder in connection with the killing of an Iraqi prisoner 
in Fallouja in late 2004.

Sgt. Jermaine A. Nelson was charged with one count of unpremeditated 
murder Thursday, the same day that a charge was unsealed in federal 
court in Riverside against former Marine Jose Luis Nazario in the same 
incident. Nazario pleaded innocent to voluntary manslaughter in the 
alleged killing of two prisoners.

Both Marines were part of Kilo Company, 3rd battalion, 1st regiment. 
Nelson is still part of the 1st Marine Division; Nazario has left the 
Marine Corps and was a probationary police officer in Riverside when he 
was charged. He was terminated by the department the same day.

Prosecutors allege that Marines killed unarmed, bound prisoners rather 
than take the time to process them in accordance with rules involving 
captives. The Marines had been given orders to rush to the aid of 
comrades who were pinned down during the house-to-house fighting in 
Fallouja.

After being ordered to help other Marines, the Marines from Kilo
Company told superiors that they had prisoners. An unidentified Marine
then allegedly asked over the phone, "They're still alive?"

According to an affidavit filed in federal court, Nazario, a squad 
leader, killed one Iraqi prisoner and then yelled to fellow Marines, 
"Who else wants to kill these guys, because I don't want to do it all 
myself."

The Fallouja case arose when a former Marine mentioned the killings 
while taking a lie-detector test while interviewing for a job with the 
Secret Service. The case is being investigated by the Naval Criminal 
Investigative Service.

Nazario was charged by the U.S. attorney because he is now a civilian; 
Nelson was charged by the Marine Corps because he is still on active
duty.

The Fallouja case is the third set of war-crime allegations levied 
against troops from Camp Pendleton.

Seven Marines and a Navy corpsman were charged with kidnapping and 
killing an Iraqi in Hamandiya in April 2006. Five of the eight squad 
members pleaded guilty and three were convicted at court-martial. Only 
the squad leader, Sgt. Lawrence Hutchins, is still behind bars,
although his 15-year sentence is being reviewed by Lt. Gen. James N.
Mattis, commanding officer of Marine Forces Central Command.

Also, four enlisted Marines and four officers were charged in the 
killing of 24 civilians in Haditha in November 2005. Murder charges 
against two of the enlisted personnel have since been dropped; 
dereliction of duty charges against one of the officers has been
dropped.