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CHARGE SHEET: THE TRIAL OF SSGT. WUTERICH

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NOTE: On December 21, 2006, SSgt Frank D. Wuterich was charged with crimes related to the incident at Haditha.

Various charges were dropped between that day and the beginning of his court martial on January 4, 2012 (see the original charge sheet here). 

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United States v. Staff Sergeant F.D. Wuterich

 

Charge I: Three specifications of a violation of the UCMJ, Article 92--Dereliction of Duty

Original specifications under this charge:

Specification 1:  was derelict in the performance of duty by willfully failing to achieve Positive Identification (PID) of targets by engaging one or more unknown persons located near a white car with a loaded M16A4 service rifle. 

Specification 2:  was derelict in the performance of duty by willfully failing to ensure that the Marines under his charge obeyed the Rules of Engagement by ordering the Marines under his charge to “shoot first ask questions later.” 

Specification 3:  was derelict in the performance of duty by willfully failing to achieve Positive Identification (PID) of a person believed to be Yunis Salim Rasif. 

Charge II: Nine specifications of a violation of the UCMJ, Article 119--Voluntary Manslaughter

Original specifications under this charge:

Specification 1 willfully and unlawfully kill a person believed to be Yunis Salim Rasif by ordering Lance Corporal Humberto M. Mendoza to shoot that person with a loaded M16A4 service rifle.

Specification 2:  willfully and unlawfully kill a person believed to be Huda Yasin Ahmed by shooting that person with a loaded M16A4 service rifle.

Specification 3:  willfully and unlawfully kill a person believed to be Aida Yasin Ahmed by shooting that person with a loaded M16A4 service rifle.

Specification 4:  willfully and unlawfully kill a person believed to be Mohmed Yunis Salim by shooting that person with a loaded M16A4 service rifle.

Specification 5:  willfully and unlawfully kill a person believed to be Zainab Yunis Salim by shooting that person with a loaded M16A4 service rifle.

Specification 6:  willfully and unlawfully kill a person believed to be Aishea Yunis Salim by shooting that person with a loaded M16A4 service rifle.

Specification 7:  willfully and unlawfully kill a person believed to be Sebea Yunis Salim by shooting that person with a loaded M16A4 service rifle. 

Specification 8:  willfully and unlawfully kill a person believed to be Noor Yunis Salim by shooting that person with a loaded M16A4 service rifle. 

Specification 9:  willfully and unlawfully kill one or more unknown persons, located near a white car, at or near the intersection of Routes Chestnut and Viper, by shooting them with a loaded M16A4 service rifle. 

Charge III: Two specifications of a violation of the UCMJ, Article 128--Assault with a Dangerous Weapon or Other Means Likely to Produce Death or Grievous Bodily Harm 

Original specifications under this charge:

Specification 1:  commit an assault upon persons in a room in the structure identified as House 1, by shooting at them with a dangerous weapon. 

Specification 2:  commit an assault upon women and children in a room in the structure identified as House 2, by shooting at them with a dangerous weapon. 

 

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