The Article 32 investigation was called to order at 1301,13 June 2007.

IO: This hearing is called to order.

TC[Maj Erickson]: Okay. We are ready for him.

The telephonic connection was made with the witness.

TC[Maj Erickson]: Lance Corporal Prentice, this is Major Erickson, can you hear me okay?

WIT[LCpl Prentice]: Yes, sir.

TC[Maj Erickson]: Lance Corporal Prentice, are you there by yourself, right now?

WIT[LCpl Prentice]: Not at this time, sir.

TC[Maj Erickson]: Who is all there?

WIT[LCpl Prentice]: Myself and Major Tolar, sir.

TC[Maj Erickson]: And Major Tolar is the Judge Advocate for your Battalion?

WIT[LCpl Prentice]: Yes, sir.

TC[Maj Erickson]: Okay. Lance Corporal Prentice, could you please stand and raise your right hand?

WIT[LCpl Prentice]: Yes, sir.

Lance Corporal James Prentice, U.S. Marine Corps, was called as a witness by the prosecution, was sworn, and testified as follows:

DIRECT EXAMINATION

Questions by Major Erickson:

Q. Lance Corporal Prentice, can you still hear me okay?

A. Yes, sir.

Q. Could you please state your full name and spell your last?

A. James Waynesdale Prentice, P-R-E-N-T-I-C-E.

Q. Okay. Lance Corporal Prentice, I am going to ask you to speak up a little bit if you can because everybody is trying to hear you, and you are coming across, kind of, soft on us. Okay?

A. Okay.

Q. All right. Are you a Lance Corporal in the Marine Corps right now?

A. Yes, sir.

Q. And obviously, you are on active duty. How long have you been on active duty?

A. Nearly four years.

Q. What unit are you currently with?

A. 3d Battalion, 1st Marines.

Q. And are you still with Kilo Company?

A. Yes, sir.

Q. And you are currently deployed; correct?

A. Yes, sir.

Q. You have been deployed for a couple of months?

A. Yes, sir.

Q. And do you anticipate this -- what happens after you come back from your deployment; are you getting out?

A. Yes, sir.

Q. Okay. How long after your deployment is over with do you leave active duty?

A. About two months, sir.

Q. Two months. And there is approximately five months left on your deployment?

A. Yes, sir.

Q. Okay. Lance Corporal Prentice, how many deployments does this make for you in your four-year enlistment?

A. This would be my third deployment, sir.

Q. And your first two deployments, can you tell the IO what the first two deployments were?

A. My first deployment was to Shahavi, Iraq, as well as Fallujah, Iraq.

Q. And what was the time frame for that deployment?

A. The first appointment was from, I believe, July of 2004 to January of 2005.

Q. That was over a year and a half deployment, or did you misspeak on the years there? No, I'm sorry. My math is bad. That was my mistake. You are right, I am wrong. All right. How about your second deployment?

A. The second deployment was in Haditha, Iraq.

Q. Okay.

A. And that was from September 2005, to I believe, March of 2006.

Q. Okay. And Lance Corporal Prentice, do you know Lance Corporal Sharratt?

A. Yes, sir.

Q. And how do you know Lance Corporal Sharratt?

A. We were in the same platoon on both my first and second deployment. In the first deployment towards the end of it, we ended up being in the same squad, and we were roommates in the barracks after the first deployment.

Q. Now, how would you describe your relationship with Lance Corporal Sharratt?

A. I would considered us being pretty good friends. We have been through quite a lot together.

Q. Now, Lance Corporal Prentice, do you remember in March of this year having an interview with me?

A. Yes, sir.

Q. And that interview you was a -- swore to tell the truth in that interview, and we had a court reporter there transcribing your answers to my questions?

A. Yes, sir.

Q. And that happened before you deployed; correct?

A. Yes, sir.

Q. Okay. Lance Corporal Prentice, we are going to go over a little bit what happened during that -- well, not what happened during that interview, but what we talked about during that interview.

The first part of that would be, do you remember where we were on 19 November 2005?

A. Yes, sir.

Q. And that was in Haditha, Iraq; right?

A. Yes, sir.

Q. Okay. Can you, kind of, let the IO know what happened starting from about 0730 that morning?

A. At about 0730, I was a QRF runner, and we heard an explosion, and immediately after that we were called out on -- to go on QRF. So we got all of our -- or squad got all of our gear on, and we headed out down to where the IED had exploded at.

Q. Do you remember where the IED had exploded at, or can you give me the roads -- the names of the roads?

A. It was on Chestnut and it was at the intersection of Viper and Chestnut, I believe.

Q. Okay. Please continue. Let us know what happened after you got to that IED site?

A. Once we got there, we dropped. I was in the first vehicle on the turret. And in that vehicle it was myself, Solano was driving, Corporal Sanchez was the A-driver, and Lieutenant Kallop was in the back. Once we got to the IED sight, Corporal Sanchez and Lieutenant Kallop got out of the vehicle. And Corporal Sanchez told us to go down about 50 meters and post security. Actually, it was about 150 meters, and post security on the intersection of River Road and Chestnut.

Q. And River Road, in what direction was that from the IED site, if you remember? Was it east, was it west, was it north, was it south?

A. I believe it was to the west, sir.

Q. And that's where you were parked?

A. Yes, sir.

Q. Okay. And then what happened after Corporal Sanchez and Lieutenant Colonel Kallop left the vehicle that you were in?

A. Both myself and Solano posted security on the intersection of River Road and Chestnut. And after about, say, 15 minutes, Corporal Sanchez yelled for us to turn the vehicle around. We turned around and came back to where we originally dropped Corporal Sanchez and Lieutenant Kallop off at. Corporal Sanchez got back in the vehicle, and we immediately went to the LZ with both Terrazas and Guzman.

Q. And Terrazas and Guzman were the two injured Marines from the IED blast?

A. Yes, sir.

Q. Okay. So just foundationally, I know you covered it earlier, about what time did you actually arrive at the IED site?

A. I would say that we got there within, like, five or eight minutes.

Q. After you were called that morning?

A. Yes, sir.

Q. So you were with what has been known as the first QRF to arrive on the scene?

A. Yes, sir.

Q. Okay. Now, can you tell us what happened after you went to the LZ and you dropped off Lance Corporals Guzman and Terrazas, what happened next?

A. Once the helicopter came in and picked up both Terrazas and Guzman, we immediately went back to the firm base and we stayed there until around 1200, 1300 time frame.

Q. And that's Firm Base Sparta?

A. Yes, sir.

Q. Okay. Go on.

A. And then around that time, we got called out again to go to that same area in Chestnut and pick up some detainees. And at that time, I was in the same position in the first vehicle in the turret. We got there around the intersection of Chestnut and Viper, once again. We picked up the detainees we had and then took them back to the firm base.

Q. Okay. While you were there around 1200 and 1300 at Chestnut and Viper, did you talk to anybody while you were there?

A. I didn't talk to anybody then, no.

Q. Okay. Continue?

A. Once we got back to the firm base, we dropped the detainees off, and we stayed there for the rest of the day until about 1900 or 2000. And then we were called out again to go to that same area to go pick up the body.

Q. Okay. Now, take us through that. You went back around 1900 or 2000 for a different mission to pick up bodies. Where did you end up when you went back there?

A. At that time, I was in the third vehicle. I was in the back of that, and we ended up going down to Chestnut, and then we went down to Zebra from there. We went to one of the houses. And we dismounted from there, and then I was told to post security across the street from the house facing the east.

Q. Okay. Now, during your time at that particular portion of your journey back to the Route Chestnut area, did you talk to anybody then?

A. No, sir.

Q. Okay. Now, after you set up, you said you posted security by house one and two, or what's been referred to as house one and two in this investigation?

A. Yes, sir.

Q. Okay. And then how long were you in that position?

A. I was probably there between 30 and 45 minutes.

Q. Okay. And after that 30 or 45 minutes, what did you do?

A. After that I was told to pick up and go back to Chestnut. And then that's when I ended up running into Lance Corporal Sharratt.

Q. Okay. Now, where exactly did you run into Lance Corporal Sharratt?

A. He was on Chestnut Road.

Q. And kind of give us an idea about where you were in relation to the IED site?

A. I believe we were, maybe, about 30 meters east of the intersection of Chestnut and Zebra.

Q. Is that 30 meters closer to River Road, or 30 meters going the other way?

A. 30 meters going the other way.

Q. Okay. And tell us what happened during your encounter with Lance Corporal Sharratt.

A. I basically asked him what happened at the time, because all we knew is that the IED went off and that they cleared some of the houses. And he basically -- he had told me that he was originally in the turret, I believe, in the first vehicle that they had. And that he dismounted and he took the 240 Gulf with him that was originally mounted on the vehicle. And that he basically took it because it would have done no good to sit there not being used for anything. And then he ended up, I guess, breaching a door with the240 Gulf, and that they had basically cleared some houses and killed some people.

Q. Okay. Can you remember anything specific that he said that caused you any concern?

A. He had told me that -- that he used his pistol that he had at the time, and he never really used the SAW that he had.

Q. And what did he say he did with the pistol?

A. What's that, sir?

Q. What did he say he did with the pistol?

A. The only thing that he told me was that they went into one house, which I believe was on the south side of Chestnut, which I'm not sure what road that was on, and that there was a -- that basically, he had shot somebody in the head with the pistol in that house.

Q. And did he describe that person; was it a woman, was it a man, was it a kid?

A. It was an older male, I believe.

Q. And what else did he say about that incident?

A. He basically said that it was him and Staff Sergeant Wuterich who were in the house.

Q. Okay.

A. And he said that they basically were going to say that the man in the house pointed an AK-47 at him, his SAW jammed, so he used the pistol.

Q. Okay. This is important, Lance Corporal Prentice: As best as you can remember here today, what did he exactly say to you about that encounter?

A. He said that he originally entered the house and that he had just shot the guy in the head. But the story with the AK-47 was what they were going to use.

Q. And did he offer any explanation on why they needed to use a story about a guy pointing an AK-47 at them?

A. He never really gave me explanation why.

Q. How did he say -- did he say it was just a story, or did he say that they were going to come up with a story? There is a big difference, Lance Corporal Prentice.

A. He said it was just a story.

Q. Did he say anything else with regard to that particular incident with the nine millimeter and that man?

A. No, sir.

Q. Had you ever had a conversation with Lance Corporal Sharratt after this moment, after this time on the road there at 1930, 2000 about the incident that happened on Chestnut and Viper?

A. I had also asked him about the white taxi that was on Chestnut.

Q. Um-hum?

A. And he said that Staff Sergeant Wuterich and Corporal Dela Cruz had stopped that vehicle, and that Staff Sergeant Wuterich had shot -- I am not exactly sure what the number was, but he shot someone in the chest. And that Corporal De la Cruz basically put someone down on their knees and shot them in the back of the head.

Q. Did he say anything -- did Lance Corporal Sharratt tell you anything with regards to what he, Lance Corporal Sharratt, had done?

A. Just with that one incident with the pistol.

TC[Maj Erickson]: Just one second, Lance Corporal Prentice.

All right, lance Corporal Prentice. I think the defense is going to have some for you, now.

IO: Stand by for just a minute.

CROSS-EXAMINATION

Questions by Mr. Culp:

Q. Lance Corporal Prentice?

A. Yes.

Q. Can you hear me?

A. Yes.

Q. My name is Jim Culp. I'm a defense attorney, and I am going to ask you some questions. Okay?

A. Good to go.

Q. Do you remember that you were first spoke to by NCIS in May of 2006?

A. Yes.

Q. And in May of 2006, you were asked to tell the truth about what happened on 19 November?

A. Yes.

Q. And they asked you to describe everything that had happened that day. Correct?

A. Yes.

Q. And you didn't tell NCIS anything about this conversation -- this alleged conversation that you had with Lance Corporal Sharratt on 12 May 2006?

A. No, I didn't.

Q. You were again re-interviewed on 18 October 2006. Correct?

A. Yes.

Q. This was after your second deployment?

A. Yes.

Q. When did you meet the person who is now your wife?

A. I met her April 10th of 2005.

Q. And it would be correct to say that you talked to NCIS the second time on 18 October 2006. Correct?

A. Yes.

Q. And then you got married in the beginning of November 2006?

A. Yes.

Q. Would it also be fair to say that NCIS told you when they interviewed you in October of 2006 that the testimony that you would have concerning Lance Corporal Sharratt was very important?

A. They told me that after I had done the interview.

Q. They told you that your testimony against Lance Corporal Sharratt would be very important; correct?

A. Yes.

Q. And they told you it was so important that you might not go on deployment; correct?

A. Yes. But that's what they said after the interview was over.

Q. In October -- on 18 October, you told NCIS that you had actually lied on your statement in May of 2006. Isn't that correct?

A. Yes.

Q. Now, when you were interviewed by NCIS in May of 2006they asked you to tell the truth?

A. Yes.

Q. And you told them that we were telling them the truth?

A. Yes.

Q. You even swore that you were telling the truth in May of 2006?

A. Yes.

Q. And one of the things that you lied about in October that you admitted that you lied about was hearing small arms fire exchanged between M-16's and AK-47's. Correct?

A. Yes.

Q. And you lied to help your friends?

A. Yes.

Q. Would you lie to help yourself?

A. I guess it would depend on the situation.

Q. No one told you to lie in May of 2006 to NCIS. Correct?

A. Yes.

Q. That was a decision that you made on your own?

A. Yes.

Q. For purposes that you had developed in your own mind?

A. Yes.

Q. If in October of 2006 NCIS told you that you may not go on deployment, when did you actually learn that you would be going on deployment?

A. They had told me that I was not going to go on deployment after I had my interview in October of 2006. And I had other interviews with the prosecutor, and they told me that I was going to deploy, maybe, about a month before I actually did.

Q. And what day did you deploy?

A. It was April 9th of this year.

Q. Lance Corporal Sharratt never told you that the man he shot in the head was unarmed, did he?

A. No.

Q. He never told you that the man was not acting aggressively towards him, did he?

A. No.

Q. And in fact, just to make this clear, he did not say he was making up a story, or would make up a story, or had made -- made up a story; but rather that was his story?

A. Yes. He did say that was his story.

Q. In May of 2006, when you talked to NCIS, you talked to them about a computer. Correct?

A. Yes.

Q. You had received some images from a Lance Corporal Wright. Correct?

A. Yes.

Q. And you had put those on your computer. Correct?

A. Yes.

Q. And four days before you went to NCIS for your first interview, you destroyed that computer, didn't you?

A. Yes.

CC[Mr. Culp]: No further questions, sir.

EXAMINATION BY THE INVESTIGATING OFFICER

Questions by the investigating officer:

Q. Lance Corporal Prentice, this is Lieutenant Colonel Ware, the Investigating Officer. Can you hear me?

A. Yes, sir.

Q. I am trying to reconcile a couple of exhibit I have. One is a statement you made in October of 2006 to NCIS, and the other document that I have is a transcript of a question and answer session you had with Major Erickson and Captain Hur. I don't know if you have the benefit of those documents. Do you have those documents with you?

A. No, sir.

Q. All right. I will try to keep it simple. In your statement of October 18, 2006, was this typed by an NCIS agent after you discussed the events, or was it typed contemporaneously as you dictated it?

A. It was typed as I dictated it.

Q. And so you would speak these words and the agent would type down what you were speaking, or was here-summarizing it and put it in a proper paragraph and attempting to put grammar in?

A. Yes. He would -- re-summarized it, and made it sure it had proper grammar.

Q. In that statement, it says a line that Lance Corporal Sharratt and Sergeant Wuterich had made up a story. And now based on your testimony today and on the transcript of your conversation with Major Erickson, you said "story" not using the word "make up." Is that an inaccurate description of the October 18th statement that the agent typed up for you?

A. Yes, sir.

Q. So that's something that an agent may have inserted in your statement, but you do not, at this point, believe that Lance Corporal Sharratt said they made up a story?

A. Yes, sir.

Q. Now, again, another difference is that in the statement written by NCIS that you swore to, it says that Lance Corporal Sharratt told you that he received a magazine for his nine millimeter pistol from Lieutenant Kallop. Do you remember him telling you that he received ammunition from the Lieutenant in order to use in his nine millimeter pistol?

A. Yes, sir.

Q. Now, did you know -- did Lance Corporal Sharratt, was he issued a nine millimeter pistol to go along with his SAW?

A. Not at that time, sir.

Q. Do you know where he would have gotten a nine millimeter pistol from if that's not his normal weapon?

A. I believe he got it from the Corpsman, sir.

Q. All right. And it's your understanding that this Lieutenant would give up his rounds to another Marine so that Marine could continue to use a nine millimeter pistol; is that what I am to understand you believe happened?

A. Yes, sir.

Q. Now, there is some discussion in this October 18^th statement that Lance Corporal Sharratt indicated that if anyone thinks a nine millimeter doesn't work, it does. Was there debate within the unit whether to use a nine millimeter pistol to clear a room?

A. There is, I mean -- some people, like, I guess, believe that, I guess, a nine millimeter really isn't that powerful, or that it doesn't work as well.

Q. So my question was is it your belief that a nine millimeter pistol is best used to defend yourself, but not to be used to clear a building?

A. Well, personally, I never used it, sir, to clear a building.

Q. So I guess my question is a long way of saying is it unique that a person would use a nine millimeter pistol to be their primary weapon if they are going into an area to clear it?

A. Well, in the operations that I have done, I have never really seen it used as a primary weapon.

Q. Now, you know that counsel make whatever points they want out of the fact that you said that you believe Sergeant Wuterich had a surprised look on his face, but why do you believe he looked surprise that Lance Corporal Sharratt was talking to you about the fact that there were so many people killed and women and children?

A. I guess, it's kind of hard to describe, but I mean, I just got that feeling that when Staff Sergeant Wuterich walked up that he, kind of, had a look on his face, like, what are you doing.

Q. Do you think that type of conversation might be inappropriate during the operation that you were undergoing?

A. No, sir.

Q. I am just asking because it seems like you were on a security mission, yet your are talking about things that don't seem to pertaining or germane to making sure the area is secure?

A. Yes, sir.

Q. So I'm asking if you think maybe a Sergeant might be surprised that you weren't focussed on your mission when he walked up, or do you think he was surprised by the nature of the conversation? I am just trying to figure that out.

A. It could be a little of both, sir.

Q. All right. Now, if I put all of this together correctly, you were present when the house, and I know you might not have the benefit of knowing the numbers, but the house to the north was engaged by a 203 round, and you described two different rounds being fired, and one you don't know who fired it. Is that correct?

A. Yes, sir.

Q. And the second round, was that also a training round that didn't have an explosive on it, or it was just thumping on the house?

A. They were both explosive rounds.

Q. So you don't believe either were training rounds?

A. No, sir.

Q. And then you saw a group of Marines, a fire team, takeoff towards that home?

A. They went toward the direction north, but I never saw actually what building they went into.

Q. But sometime subsequent to that, you heard gun fire that you believe sounded like M-16 gun fire?

A. I said that in my original statement.

Q. Actually, I have the benefit of reading the section while I am talking to you. I just want to make sure that when you say you heard M-16 gun fire from that building, did you recognize that as distinct from hearing a nine millimeter pistol rounds being fired?

A. No, sir.

Q. So why would you say it was M-16 fire, and not necessarily just small arms fire in general?

A. Because in my past deployments, I have heard what it sounds like for an M-16 to be shot inside of a building from being outside of the building when it happened, and it just, kind of, had more of the distinctive popping sound.

Q. Okay. So from your belief, it sounded like M-16 gunfire from the general direction of the building that was engaged by two M-203 rounds?

A. Yes, sir.

Q. When you had this conversation with Lance Corporal Sharratt about shooting the male in the head, did you know what building he was talking about that occurred at?

A. One of the buildings to the north.

Q. All right. So you knew it was to the north, but not in one of the buildings where the woman and children were found?

A. I'm sorry. It was the building to the south, but I don't think it -- I don't think it had any woman and children in it.

Q. All right. When you say "south," is that south in relation to where you were sitting at the time, or south of the road that's -- Chestnut?

A. South of Chestnut.

Q. Did you inquire as to what house this occurred in, or did you just leave that conversation in the air?

A. I left that conversation in the air.

Q. And finally, about this conversation, this -- you said that Lance Corporal Sharratt told you all of this in response to you simply asking what happened?

A. Yes, sir.

Q. You didn't ask any follow up questions or direct that conversation to any specifics?

A. No, sir.

Q. And when you described -- at one time you had a friendship with Lance Corporal Sharratt, and is that friendship strained now; is that what I am to believe?

A. It may or may not be.

Q. All right. Well, my question then would be you have never discussed the fact that you provided a statement to NCIS with him?

A. I mean, he knew that I went to NCIS, originally. We never really discussed anything after that.

Q. And you never went, before you went to NCIS to change the statement, to ask him if he could explain to you what he meant by what he said?

A. I didn't talk to him, no.

Q. So this is your friend. You heard some information from him. You didn't exactly know what it meant, but you didn't ask him to clarify it before you went to NCIS?

A. Yes, sir.

Q. Now, there has been some questions that seem to indicate that you may have thought you were getting some kind of benefit from putting yourself in the middle of this investigation, and you went back to NCIS. What did you believe would happen when you told NCIS this information?

A. I wasn't thinking anything was going to happen, and after the interview is when they told me that there was a possibility I might not deploy.

Q. And why did you go back to NCIS, then, if you didn't think anything was going to happen or a benefit for yourself?

A. They called me back up there to go talk to them again.

Q. So your name came up, and you were just directed to go talk to them a second time?

A. I was told I had to go talk to them the second time.

Q. And what kind of questions were they asking you before you decided to provide additional information?

A. Well, they asked me if I had any specific conversations with Sharratt. And they said that they had information and that they know that I have had conversations with Sharratt about the event that happened.

Q. So they led you to believe that they had already known about these conversations?

A. Yes, sir.

Q. Did they suggest to you what was the context of those conversations that you had with Lance Corporal Sharratt?

A. They just said that they knew that I had conversations with Lance Corporal Sharratt about the events that had happened that day.

Q. Did they tell you that Lance Corporal Sharratt said certain things were communicated between the two of you, or they just said they knew that from someone else?

A. They just said that they knew.

Q. And my last question for you, you described, again, when you were looking at Staff Sergeant Wuterich's face that you see his expression because of the street lights, and in looking at the imagery that I have, it doesn't give any indication where there would be street lights. It seems to look rather rural. Were there street lights along these roads?

A. There were some. I mean, they weren't like they are on the base or they were all over the place, but there were street lights.

Q. And how far were you from a street light when you were sitting in the vehicle when you had this conversation?

A. Maybe about 15 meters.

IO: Counsel, any follow up?

TC[Maj Erickson]: No, sir.

CC[Mr. Culp]: No, sir.

IO: Lance Corporal Prentice, you've already told us your status on your deployment. I am going to advise you not the discuss your testimony with anyone, except for the government counsel, the defense counsel in the case, the accused in this case, or any related cases and their defense counsel if they are to call and coordinate that discussion with you. Do you understand that?

WIT[LCpl Prentice]: Yes, sir.

IO: The bottom line is: I don't want you discussing this among the other Marines or talking to other Marines about what you've testified to today, and to leave that for official communication with counsel, or through NCIS. Do you understand that?

WIT[LCpl Prentice]: Yes, sir.

IO: Thank you for your testimony today. You may return to your duties.

The witness was excused and the connection was terminated.

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