Whether or Not I Know for Sure:
How NCIS Got Its Man in
Fallujah Murder Case
by Nathaniel R. Helms | July
15, 2008
______________________________________________________
Marine Sgt. Ryan Weemer is accused of murdering an enemy combatant
captured a few hours after his squad crossed the line of departure on
November 9, 2004 to attack Fallujah, Iraq.
The
government claims somebody gave Weemer’s squad leader an order over a
radio to kill four prisoners they had just captured and Weemer was one
of the Marines who complied.
Weemer’s former squad leader Jose L.
Nazario, and Sgt. Jermaine Nelson, an assaultman attached to his
squad, are also accused of murder in the affair. After Weemer
and Nelson waived their right to legal counsel they both gave
voluntary sworn statements to the Naval Criminal Investigative Service
attesting to their guilt.
Subsequently, after obtaining legal counsel, Weemer and Nelson were
cited for civil contempt of court by the federal judge presiding over
the case for refusing to testify to a federal Grand Jury hearing the
government’s case against Nazario. Despite spending time in a federal
lockup neither man has agreed to cooperate.
In
November 2004 all three Marines were assigned to 3rd
Platoon, Kilo Company, 3rd Battalion, 1st
Marines, the most maligned group of men in the Marine Corps’ colorful
232-year history.
Six
enlisted men from 3rd Plt, Kilo, 3/1 have been charged with
murder and other serious crimes since November 2004 and several more
face similar treatment if the government gets its way.
Three
of the infantrymen have already been exonerated and four are currently
under indictment for murder and related offenses involving excessive
force that allegedly occurred in Iraq during 2004, 2005, and 2007.
Weemer
moved to center stage last week when the government revealed his
“confession” during his Article 32 preliminary hearing at Camp
Pendleton. During Weemer’s rambling account the former fire team
leader and pistol expert reveals he shot a prisoner twice with his 9mm
automatic pistol after being told to do so – he thinks – maybe, sort
of.
One
interesting exchange begins while NCIS Special Agent Fox is
questioning Weemer about a statement he made to a Secret Service agent
named Dezio while he was trying to obtain employment in the uniformed
branch of the Secret Service almost two years ago. Fox is trying to
figure out why Weemer’s fire team didn’t shoot the insurgents as soon
as they encountered the insurgents inside a house.
Weemer:
That’s the only reason I can think of that I didn’t start shooting and
other people didn’t just start shooting. Uh, it was that we were out
of it.
Fox:
Right, kind of a state of shock.
Weemer:
Definitely.
Fox:
Okay. You then say when we called up to our platoon commander and our
platoon sergeant and asked them what to do.
Weemer:
Yeah, I mean that’s kind of the way it works., as far as, you know, if
you ever have a situation you don’t know what to do it’s called up the
chain of command like that.
Fox:
Okay. Now if you don’t have a radio….
Weemer:
Yeah.
Fox:
Who would have been the person – and when you say we called up, who
actually was it?
Weemer:
It would have had to have been Nazario –if – if he had the radio. But
like I said if he had a radioman then he would have been talking to
them.
Fox:
Did you hear him call up?
Weemer:
I don’t know if I’m making – like I said, if I made up that part of
seeing the guy in the room, I don’t know if I was there when they
talked about it, or when he called it up or not. I don’t know if I
actually heard him say it.
Fox:
Okay. Uhm.
Weemer:
The only thing I do remember is – is they said take care of it.
Fox:
Okay, and you said my squad leader was there as well said, the guy in
charge of our squad. We called up the platoon sergeant, to the platoon
commander and asked them what to do, and – and the response we got
was, are they dead yet.
Weemer:
Or yeah, or did I just say take care of it.
Berg:
Yeah.
Weemer:
Are they dead yet, or yeah, yeah.
Fox: Do
you remember hearing somebody say that?
Weemer:
Someone, I don’t know if I heard it over the radio or if…
Fox: Or
if somebody repeated that to you?
Weemer:
Yeah.
Fox:
Okay. Now think real hard about that. And I know…
Weemer:
Like I said I can – I can try and give you an answer but it’s just
going to be an answer, whether or not I know for sure.
__________________________________________
Nathaniel R. Helms
Defend Our Marines
15 July 2008
Note: Nat Helms is a Contributing Editor to Defend Our
Marines. He is a Vietnam veteran, former police officer, war
correspondent, and, most recently, author of
My Men Are My Heroes: The Brad Kasal Story (Meredith Books, 2007).
