The lone US marine to face sentencing for the killing of two dozen unarmed Iraqis in one of the Iraq War’s defining moments walked away with no jail time after defending his squad’s storming of the homes of Haditha as a necessary act “to keep the rest of my Marines alive”.
Staff sergeant Frank Wuterich’s sentence ends a six-year prosecution for the 2005 attack that failed to win any manslaughter convictions.
Eight marines were initially charged; one was acquitted and six others had their cases dropped.
Wuterich, who admitted ordering his squad to “shoot first, ask questions later” after a roadside bomb killed a fellow marine, ended his manslaughter trial by pleading guilty on Monday to a single count of negligent dereliction of duty.
The deal that dropped nine counts of manslaughter sparked outrage in the besieged Iraqi town and claims that the US did not hold the military accountable.
“I was expecting that the American judiciary would sentence this person to life in prison and that he would appear and confess in front of the whole world that he committed this crime, so that America could show itself as democratic and fair,” said survivor Awis Fahmi Hussein, showing his scars from a bullet wound to the back.
Military judge Lieutenant Colonel David Jones recommended three months of confinement, which prosecutors said Wuterich deserved; but after learning the terms governing the plea agreement, Lt Col Jones said the deal prevented any jail time for the Marine.
Lt Col Jones recommended that the sergeant’s rank be reduced to private, but not to dock his pay because the divorced father has sole custody of his three daughters.
The rank reduction has to be approved by a marine general, who already signed off on the plea deal.
Wuterich read a statement apologising to the victims’ families and said he never fired on or intended to harm innocent women and children. But he said his plea should not be seen as a statement that he believes his squad dishonoured their country.
“When my marines and I cleared those houses that day, I responded to what I perceived as a threat and my intention was to eliminate that threat in order to keep the rest of my Marines alive,” he said.
“So when I told my team to shoot first and ask questions later, the intent wasn’t that they would shoot civilians, it was that they would not hesitate in the face of the enemy.
“The truth is I never fired my weapon at any women or children that day,” Wuterich told Lt Col Jones.
The contention by Wuterich (31) of Meriden, Connecticut, contradicts prosecutors and counters testimony from a former squad mate who said he joined Wuterich in firing in a dark back bedroom where a woman and children were killed.
Prosecutors argued that Wuterich’s knee-jerk reaction of sending the squad to assault nearby homes without positively identifying a threat went against his training and caused needless deaths of 10 women and children.
“That is a horrific result from that derelict order of shooting first, ask questions later,” said Lieutenant Colonel Sean Sullivan, who also asked the judge to reduce Wuterich’s rank and require forfeiture of two-thirds of his pay.
Defence lawyer Neal Puckett said Wuterich has been falsely labelled a killer who carried out a massacre in Iraq and insisted he only intended to protect his Marines in an “honourable and noble” act.
“The appropriate punishment in this case, your honour, is no punishment,” Mr Puckett said.
Wuterich directly addressed family members of the Iraqi victims, saying there were no words to ease their pain.
“I wish to assure you that on that day, it was never my intention to harm you or your families. I know that you are the real victims of November 19th, 2005,” he said.
AP