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U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE
Violent
Crimes Division
Forensic Consultant Unit
Report
of Forensic Reconstruction
Title:
S/WUTERICH, Frank /SSGT USMC (et al)
CCN:
13MAR06-MEBJ-0164-7HMA
Prepared by: Michael S. Maloney, MFS, Forensic Consultant
Date of
Report: 01SEP06
Incident: House 4, Haditha, Al Anbar Province, Iraq
1.
Background: On 19NOV05 Marines from 1st Squad, 3rd Platoon, Kilo
Company, 3rd Battalion, 1st Marine Division (3/1), 1st Marine
Expeditionary Force, responded to a coordinated ambush against their
convoy consisting of the detonation of an Improvised Explosive Device
that hit the fourth vehicle in the convoy, killing the driver and
injuring two others. The explosion was followed by small arms fire
reported from multiple locations. The fire team consisting of S/WUTERICH,
X/SALINAS, X/MENDOZA, X/TATUM and X/SHARRATT reportedly engaged in
actions that resulted in the death of 24 Iraqi nationals, though not
all fire team members were present at each location.
2.
Methodology: This forensic reconstruction consisted of an analysis
of the evidence, photographs, and medical reports to indicate the most
likely sequence of events and actions during the assault on House 4.
In those circumstances where specific actions or movements are
attributed through statements to an individual, that individual is
identified in the reconstruction, in those areas where contradictory
statements from the Marines and Iraqi's involved occurred, an analysis
of their statements in light of the forensic evidence was made to
resolve contradictory points.
3.
Victim Identification: All victims will be primarily referred to
through the DNA designation provided by the USACIL reports. Their
position at the time they received injuries was ascertained through
bloodstain pattern analysis that directly correlates to these DNA
designations. Though the victims are also visibly marked in
photographs with Damage Assessment (BDA) numbers, they are known
to have been moved from their original location by family members
prior to photography.
4.
Analysis Of Critical Statement Segments:
a. S/WUTERICH and X/SHARRATT stated that X/SHARRATT shot the man at
the doorway with his 9mm handgun.
1) The Marines' account of encountering a man at the door is supported
by bloodstain patterns consistent with Man #2 being positioned in the
open doorway to the bedroom.
2) It cannot be forensically determined if Man #2 was armed at the
time he was shot.
3) A Marine in the reported position of X/SHARRATT may have logically
engaged this position. X/SHARRATT stated that he engaged a second
armed man during his initial approach and entry into the room.
4) The Marines' account of encountering a second man at the door is
supported by bloodstain patterns consistent with Man #3 being
positioned just behind the open doorway to the bedroom.
5) It cannot be forensically determined if Man #3 was armed at the
time he was shot.
6) A Marine in the reported position of X/SHARRATT may have logically
engaged this position.
b. X/SHARRATT stated that two other men in the bedroom were moving
towards the weapons when they were engaged and shot
1) Man #4 was most likely located in the southeast corner of the room
when he was shot. He would have been sitting or crouched down at the
time and would have been obscured, partially or fully, from sight by
the open closet door. This would contradict the statement that he was
moving towards his "comrades" when he was shot.
2) The location of Man #1 in the closed closet at the time he was shot
would contradict the statement that he was moving towards his
"comrades" when he was shot. It is likely that the Marines in the room
may have observed him moving into the closet.
3) It cannot be forensically determined if Man #4 or #1 were armed at
the time they were shot.
c. By X/SHARRATT's account, S/WUTERICH did not enter the room until X/SHARRATT
had already shot all four men. He also that S/WUTERICH shot the 4 men
where they were positioned on the floor.
1) The shot fired through the closed closet door resulting in the
death of V/AHMED, Marwin Aiad was almost certainly fired from S/WUTERICH's
M-16.
2) S/WUTERICH is the only person reported to have fired an M-16 in
this room.
5.
Reconstruction Of Events: This reconstruction focuses on the
actions of S/WUTERICH, and X/SHARRATT in clearing House 4. This action
led to the death of 4 Iraqi men.
a. After entering House #4, X/SHARRATT fired his weapon from the
hallway at Man #2. At the time he shot, Man #2 was standing in the
doorway to the bedroom.
b. X/SHARRATT then entered the room where he shot Man #3 just inside
the doorway and behind Man #2.
c. X/SHARRATT then fired across the room towards the south wall where
Man #4 was crouched down or sitting against the wall. X/SHARRATT may
have been able to see Man #4 in this position or observed him moving
to this position. At the time X/SHARRATT shot, Man #4 was behind an
open closet door and would have been partially concealed from view.
d. S/WUTERICH or X/SHARRATT may have observed Man #1 move past Man #4
(already shot) getting into the small wardrobe section, likely pulling
the door dosed behind him (the same door that when opened, partially
obscured Man #4 from view), S/WUTERICH then shot through the closed
closet section from a position in the room and to the south side of
the bed. The bullet penetrated the closet door, striking and passing
through Man #1's head.
e. No determination could be made forensically to support or refute
the presence of Iraqi controlled weapons in the room.
6.
Conclusions: The recounting of events by the Marines is neither
entirely accurate nor entirely false. It would appear that the Marines
did engage a man in the doorway and another just inside the doorway of
the bedroom with small arms fire. It is unlikely that it appeared to
X/SHARRATT that the other two men in the room were moving towards
their fallen "comrades" and their weapons. One of these men was shot
while crouched or sitting against the far bedroom wall and the other
was shot while crouched or sitting in the closed wardrobe/closet.
7.
Reports and Documentation Used: The following information was used
in preparing this report:
a. Death Scene Examination: Conducted on 29MAR06 by NCIS. This
includes Firearms/Trajectory Documentation and Blood Stain Pattern
Documentation
b. Photographic Documentation: Provided by NCIS; Civil Affairs Group;
3rd Battalion, 1st Marine Division Battle Damage Assessment
Photographs; USMC Human Exploitation Team; USMC Explosive Ordnance
Disposal; Photographs obtained through Iraqi Lawyer representing the
families of the victims; and an Iraqi journalism student who
indirectly provided videotape to Time Magazine.
c. Death Certificates and Medical Reports prepared by Iraqi Health
Care personnel.
d. Forensic Pathologist Consultation by the Office of the Armed Forces
Medical Examiner
e. USACSL DNA and Firearms Reports
8.
Caveat: This report is based upon the documentation available to
date. Should additional investigative developments result in the
recovery of photographs, statements or evidence, further
reconstruction analysis may be indicated.
9.
Peer Review: The methodology, analysis and conclusions of this
report were reviewed by a Forensic Reconstruction Peer Review Board
chaired by Division Chief Don Housman, MFS, Violent Crimes Division,
NCISHQ, and staffed by Division Chief Burt Nakasone, MFS, Death
investigations Division, NCISHQ, Special Agent Kris Peterson, MFS,
Assistant Special Agent in Charge, Norfolk Field Office, VA, and Mr.
Ross M. Gardner, Certified Senior Crime Scene Analyst, Gardner
Forensic Consulting, Lake City, GA. On 30AUG06, this final report was
reviewed by Division Chief Housman and Mr. Gardner.
Attachments:
1.
House 4: Victim Identification (Presumptive)
2.
House 4: Victim and Shooter Positions in Bedroom
______________________________________________________
Attachment 1
House 4: Victim Identification (Presumptive)
All
victims will be primarily referred to through the DNA Identification
Number provided by the USACIL reports. Their position at the time they
received injuries was ascertained through bloodstain pattern analysis.
The bodies were moved by family members prior to photography and a
number being assigned to each through the Damage Assessment (BDA).
This BDA number is visibly marked on the body of the deceased in red
marker. The victim's names, certificate numbers, age and sex are
derived through de-confliction of available statements by family
members concerning the location of the deceased prior to their bodies
being moved as well as documented and visible (photographically)
physical injury.
DNA
Identification Number: 1
Photographic Identification: 24
Name: Marwan Aiad AHMED
Death Certificate: 748026
Sex: M
Age: 27
DNA
Identification Number: 2
Photographic Identification: 22
Name: Khatan Aiad AHMED
Death Certificate: 748827
Sex: M
Age: 25
DNA
Identification Number: 3
Photographic identification: 21
Name: Jasib Aiad AHMED
Death Certificate: 748225
Sex: M
Age: 28
DNA
Identification Number: 4
Photographic Identification: 23
Name: Jamal Aiad AHMED
Death Certificate: 748224
Sex: M
Age: 39
______________________________________________________
Attachment 2
U.S.
NAVAL CRIMINAL INVESTIGATIVE SERVICE
Investigative Action
16NOV06
Control: 12MAR-6-MEBJ-0164-7HMA/T
S/WUTERICH, FRANK D/SSGT USMC ET AL
RESULTS
OF FORENSIC ANALYSIS, HOUSE # 4
1. On
09NOV06 Special Agent Michael S, MALONEY, MFS, Forensic Consultant,
Violent Crimes Division, NCIS completed the Forensic Analysis for the
events that occurred on 19NOV05 at the location designated as House
#4. This forensic analysis was conducted in order to apply the
disciplines of bloodstain pattern analysis, firearms/trajectory
analysis, explosive/post blast analysis, and evidence of injury/wound
dynamics in documenting this scene. This Report of Forensic Analysis
is attached as Enclosure (A) .
ENCLOSURE
(A) Report of Forensic Analysis/09NOV06
PARTICIPANT
Special Agent Thomas BRADY, Senior Forensic Consultant, SEFO
REPORTED BY: Michael S. Maloney, Special Agent
OFFICE: NCISRA Okinawa, Japan
1.
Background: In the early morning hours of 19NOV05, Marines from 1st
Squad, 3"1 Platoon, Kilo Company, 3rd Battalion, 1st Marine Division
(3/1), 1st Marine Expeditionary Force, responded to a coordinated
ambush against their convoy. The attack consisted of the detonation of
an Improvised Explosive Device that struck the fourth vehicle in the
convoy and killed the driver and injured two others. Small arms fire
was also reported from multiple locations. The fire team consisting of
S/WUTERICH and X/SHARRATT reportedly engaged in actions at House 4
that resulted in the death of four (4) adult Iraqi men.
2.
Methodology: A Forensic Analysis of the Death Scene was conducted in
order to apply the disciplines of Blood Stain Pattern Analysis,
Firearm/Trajectory Analysis, Explosive/Post Blast Analysis and
Evidence of Injury/Wound Dynamics in documenting this scene. This
analysis will be used to support a Forensic Reconstruction of the
events.
3.
Reports Used: The following information was used in preparing this
report:
a. Death Scene Examination: Conducted on 29MAR06 by NCIS. This
includes Firearms/Trajectory Documentation and Blood Stain Pattern
Documentation
b. Photographic Documentation: Provided by NCIS; 3rd Battalion. 1st
Marine Division Battle Damage Assessment Photographs; USMC Human
Exploitation Team Photographs; Photographs obtained through an Iraqi
Lawyer representing the families of the victims; and an Iraqi
journalism student who indirectly provided videotape to Time Magazine.
Select photographs were incorporated into this report. Those
photographs included in this report as well as all photographs
reviewed have been published via previous reporting or are maintained
in the case file.
c. Death Certificates and Medical Reports prepared by the Iraqi Health
Care Personnel.
d. The Office of the Armed Forces Medical Examiner Pathological
Consultation.
4.
Caveat: This Forensic Analysis was conducted utilizing the
documentation available to date. Should additional investigative
developments result in the recovery of photographs, statements or
evidence, additional analysis may be indicated. It should be noted the
following limitations were in effect concerning information utilized
in this analysis:
a. Stains viewed in photographs that have the appearance of blood
through color and dispersion, and are located in an area that would
logically be bloodstained from the injuries to the victims were
considered and referred to as blood for the purposes of this report.
b. Those instances where specific biological material was collected
and either identified as blood or individualized to a DNA profile are
so noted within this report,
c. In this investigation the bodies of the 24 victims are not
available for autopsy or evidence recovery. Investigative personnel
did not photograph the bodies of the victims in situ nor were they
examined at the scene.
d. The bodies were externally examined at the morgue by a licensed
nurse and not by the medical doctor that would ultimately release a
coroners report and death certificates.
e. The forensic examination of House 4 was conducted in excess of four
months after the incident occurred. (19NOV05-29MAR06)
5.
Explosive/Post Blast Analysis:
a. There is no visible indication of the impact and subsequent
explosion of M203 Grenades against the exterior of this building.
b. There is no visible indication of a grenade from an M203 having
penetrated the exterior of the building through a doorway or window
and having exploded on the inside.
c. There is no indication of the detonation of a fragmentation grenade
or other explosive or incendiary device within house #4.
6.
Firearms/Trajectory Analysis: There is evidence of small arms fire
both 9mm and 5.56mm within the home, specifically the bedroom where
the 4 men were killed. The location and documentation of all defects
suspected to have been caused by bullets and bullets recovered from
the walls is documented through the previously published Investigative
Action: Death Scene Examination and Forensic Analysis of House
Designated #4. The specific defects listed below were used to
assist in ascertaining victim identification, shooter positions and
sequence of fire.
a. A bullet passed through the open closet door and was recovered from
the south wall within a bloodstain pattern. This bullet is from a 9mm.
The biological evidence present on the bullet and within the
bloodstain was insufficient for identification. The bullet was
sufficiently deformed and could not be determined which weapon fired
it.
b. A bullet was removed from the east wall behind the second closet
section of the bedroom. The bullet passed through a closed closet door
and struck an individual within the closet. The bullet than passed
through the back of the closet and into the wall where it was
discovered by investigators. The blood on the bullet is associated
with the laboratory DNA identification as unknown man #1. Laboratory
analysis identified it is a 5.56 bullet consistent with a bullet that
could have been fired from S/WUTERICH's weapon through
individualization could not be made due to the bullet’s deformity.
This bullet was definitely not fired from the weapons of any of the
other Marines in the fire team.
c. A projectile of unknown caliber was most likely fired from an area
near or just outside of the bedroom window. The projectile passed
through the curtains and glass window in the south wall and was not
recovered.
7.
Bloodstain Pattern Analysis: Bloodstain Pattern Evidence: A multitude
of bloodstain patterns were present within the room. Several of these
patterns could be identified with a single genetic make-up. Several
others could be attributed to one of several people or were a mixture
of the several people's blood. The location and documentation of all
bloodstain patterns is documented through the previously published
Death Scene Examination and Forensic Analysis of House Designated
#4. The specific patterns listed below were used to assist in
ascertaining victim identification, shooter positions and sequence of
fire.
a. Blood stains at the door frame and on the walls just inside the
door are projected blood and are consistent with impact spatter
commonly associated with gunshot wounds. At least one victim was shot
as he stood in the open doorway. These bloodstains are associated with
the laboratory DNA identification as unknown man #2. Bloodstains on
the North wall behind the open door are projected blood and are
consistent with impact spatter commonly associated with gunshot
wounds. At least one victim was shot as he stood against the North
wall just behind the open door. These bloodstains are associated with
the laboratory DNA identification as unknown man #3.
b. The bloodstains within the closed closet are both projected blood
and passive blood flow. There are discrete areas of projected stains
of both low and higher volume. These stains are consistent with a
gunshot wound to the head with an exit wound from which tissue and
large volume of blood are evacuated. These stains are within and at
the margin of a large passive bloodstain with indications of downward
flow. This area of staining is associated with the laboratory DNA
identification as unknown man #1. The same DNA, is also found on the
bullet that passed through the closed closet.
8. Additional blood slain patterns have been identified on the north,
south and east walls of the bedroom. These patterns consist of varying
numbers of droplets within the patterns but have the appearance of
projected blood and are consistent with impact spatter commonly
associated with gunshot wounds. In addition there are several
biological stains noted that consist of tissue adhering to the wall.
9.
Victims Identification, Location and Evidence Of Injury/Wound Dynamics
Analysis: The initial position of the victims as reported in the death
scene analysis describes the bodies as they appeared at the time of
the Battle Damage Assessment (BOA) documentation phase. It is known
that the bodies had been moved at that time. From the statements of
the family members that first entered the room prior to the bodies
being moved, additional possible locations of the bodies were
established. Blood stain pattern analysis and DNA analysis were used
with the descriptions to, as closely as possible, approximate the
position of the deceased at the time of the incident.
Note from Defend Our Marines: Photographs of the deceased
accompany the identifications below in the report. The photos have
been withheld by the publisher of this website.
a. Identification: From the statements of the family members
who first entered the room prior to the bodies being moved, unknown
man #2 is most likely V/AHMED Khatan Aied.
1) Photographic Identification : BDA #22
2) DMA Identification: Man 2
3) Death Certificate: 748027
4) Sex: Male
5) Age: 25
6) DOB:1980
7) Injuries Described in Death Certificate: Shots to the back of the
head causing the head to be cracked open.
8) Location at Death: House #4
9) Clothing Description: Maroon and White Track Suite
10) Wound Description From Photographs: Gunshot entrance wound to the
left cheek by the lower margin of the nose. No visible exit wound
however, blood saturation staining indicates the possibility of a gun
shot exit wound to the back of the head that is not visible in the
photographs.
11) Location When Photographed: On the floor of the bedroom beside the
north side of the bed, supine with his feet towards the West wall. He
is positioned beside BOA 21.
12) Probable Location/Position at Time of Incident: In the doorway of
the bedroom.
b. Identification: From the statements of the family members
who first entered the room prior to the bodies being moved, unknown
man #3 is most likely V/AHMED, Jasib Aiad.
1) Photographic Identification: BDA #21
2) DNA Identification: Man 3
3) Death Certificate: 748225
4) Sex: Male
5) Age: 28
6) DOB: 1977
7) Injuries Described in Death Certificate: Several shots in the
head.
8) Location at Death: House #4
9) Clothing Description: Green and White Track Suite
10) Wound Description From Photographs: Gunshot wound to the bridge of
nose. Gunshot exit wound at the left side of the head. Probable
additional gunshot exit and entry. Blood stains on right shoulder
indicate a possible wound to the back of the head that cannot be seen
in the photograph.
11) Location When Photographed: On the floor of the bedroom along the
North wall, supine with his feet towards the West wall. He is
positioned beside BDA 22.
12) Probable Location/Position at Time of Incident: Standing near the
north wall, just behind the open door. Behind and to the side of BDA
#22.
c. Identification: From the statements of the family members
who first entered the room prior to the bodies being moved, unknown
man #4 is most likely V/AHMED, Jamal Aiad.
1) Photographic Identification: BDA #23
2) DNA Identification: Man 4
3) Death Certificate: 748224
4) Injuries Described in Death Certificate: Shots in the head.
5) Sex: Male
6) Age: 39
7) DOB: 16JUL66
8) Location at Death: House #4
9) Clothing Description: Blue and White Track Suite
10) Wound Description From Photographs; Blood at his left ear
consistent with a gun shot wound.
11) Location When Photographed: On the floor of the bedroom beside the
East end (foot) of the bed, supine with his feet towards the North
wall.
12) Probable Location/Position at Time of Incident: Against the South
wail of the room. Most likely sitting or crouching against the wall
behind the open door of closet section #2.
d. Identification: From the statements of the family members
who first entered the room prior to the bodies being moved, unknown
man #1 is most likely V/AHMED, Marwin Aiad.
1) Photographic Identification: BDA #24
2) DNA identification: Man 1
3) Death Certificate: 748026
4) Sex: Mate
5) Age:27
6) DOB: 1978
7) Injuries Described on Death Certificate: Several shots in head.
8) Location at Death: House #4
9) Clothing Description: Gray and White Track Suite
10) Wound Description From Photographs: Gun shot entrance wound on the
lower portion of the right cheek. Gunshot exit wound at the left
temple with protruding brain matter and tissue.
11) Location When Photographed; On the floor of the bedroom at the
East end (foot) of the bed, supine, with his feet against the south
wall.
12) Probable Location/Position at Time of Incident: In the second
closet unit, back against the North wall of the unit, feet and knees
towards the South wall. The closet door was closed at the time he was
shot.
10.
Sequencing Of Shootings And Shooter Positions: Sequencing of victims
in the order that they were shot and assignment of likely shooter
position was accomplished through analysis of photographs and
videotape footage of the bodies within the death scene. These
photographs were examined in light of the Blood Stain Pattern
Analysis, Trajectory Analysis and Wound Dynamics. The victims within
the bedroom were most likely shoot in the following order:
a. It is probable that V/AHMED, Khatan Aiad was positioned just inside
the open door when he was shot. He was forward into the doorframe
allowing his blood to strike both the wall inside the room as well as
the facing of the doorframe.
b. It is likely that V/AHMED, Jasib Aiad was behind and slightly to
the side of Khatan when shot. The bloodstain patterns behind the open
door indicate that Jasib was most likely just behind the open door
when he was shot.
c. V/AHMED, Jamil Aiad was likely to have been crouched down or
sitting against the south wall near the closet. The closet door was
open at the time he was shot. He would have been at least partially
obscured from view as the bullet passed through the open closet door
and then struck him continuing on to the wall. He was shot with a 9mm
round. This is consistent with X/TATUM [Note: Should be X/SHARRATT]
stating that he fired all of his 9mm rounds before S/WUTERICH entered
and fired his M-16.
d. V/AHMED, Marwan Aiad was most likely observed moving into the
closet section and pulling the door closed. He was then shot through
the closed closet door by S/WUTERICH. The 5.56 round recovered from
this projectile path is consistent with having been fired from S/WUTERICH's
M-16 and was defiantly [Note: Should be “definitely”.] not
fired from any of the other M-16's from the co-suspects.
11.
Conclusion: Sufficient Forensic Information may be gleaned from the
cited reports and this analysis to support a Forensic Reconstruction
of the Events surrounding the death of the eight Iraqi's in House 4.
12.
Peer Review: The methodology, analysis and conclusions of this report
were reviewed by a Forensic Reconstruction Peer Review Board chaired
by Division Chief Don Housman, MFS, Violent Crimes Division, NCISHQ,
and staffed by Division Chief Burt Nakasone, MFS, Death Investigations
Division, NCISHQ, Special Agent Kris Peterson, MFS, Assistant Special
Agent in Charge, Norfolk Field Office. VA, and Mr. Ross M. Gardner,
Certified Senior Crime Scene Analyst, Gardner Forensic Consulting,
Lake City, GA. On 30AUG06. This final report was reviewed by Thomas
Brady, MFS, Senior Forensic Consultant. NCIS Violent crimes Division
on 08NOV06.
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