The Article 32 investigation was called to order at 0939,13 June 2007.

Mr. Francis W. Wolf, a civilian, was telephonically called as a witness by the defense, was sworn, and testified as follows:

DIRECT EXAMINATION

Questions by Captain Hur:

Q. Mr. Wolf, would you please state your full name for the record?

A. Yes, sir. Francis William Wolf.

Q. And what is your current status with regards to being in the military or not?

A. I am currently a civilian.

TC [Maj Erickson]: All right, Mr. Wolf. The defense has called you, and it is their direct now.

IO: Lieutenant Colonel Cosgrove.

Questions by Lieutenant Colonel Cosgrove:

Q. This is Lieutenant Colonel Cosgrove. Can you hear me?

A. Yes, sir.

Q. Okay, you are coming in clear. Let me just get one thing straight as a formality. Is it okay if we call you Sergeant Wolf, or what would you like to be called?

A. Whatever is easier, sir. It doesn't matter to me.

Q. I am going to call you Sergeant Wolf, that is what you are referred to in the documents, okay?

A. Yes, sir.

Q. Let's get started. First of all, you were a member of Kilo Company in 19 November 2005?

A. Yes, sir.

Q. We have heard testimony earlier from a Sergeant Laughner. Do you know who that is?

A. Say, again.

Q. Staff Sergeant Justin Laughner?

A. Was that the NCIS?

Q. Sergeant Laughner, and perhaps you don't remember him. He was the NCO of the HET Team?

A. Oh yes, yes, yes.

Q. Do you know who I am talking about now?

A. Yes, sir.

Q. He described going out on a second QRF from the firm base at about 0800 with you and Captain McConnell. Do you recall that?

A. Yes, sir.

Q. You were a member of that team?

A. Yes, sir.

Q. Were you the squad leader then of second squad?

A. Yes, sir.

Q. And that would be 3d Platoon?

A. Yes, sir.

Q. The same platoon that Lance Corporal Sharratt was a member of?

A. Yes, sir.

Q. Who were the other squad leaders?

A. Of my platoon?

Q. Well, no. The other platoon, and you recall Sergeant Wuterich was a squad leader?

A. Yes, sir.

Q. And Corporal Sanchez was another squad leader?

A. He was the squad leader of 3rd squad.

Q. Do you recall launching out with that second QRF?

A. It's been a long time, sir. Pretty much, I remember getting called out on -- there was an IED, followed by an ambush and we were to step off and reinforce that squad and basically help in that area.

Q. Can you approximate how long after the IED that you gathered up everyone and launched out on foot?

A. My guys were premature to just the actual detonation. I would say, probably, no more than five to ten minutes by the time we actually stepped off.

Q. Again, when Sergeant Laughner testified and we had a diagram that showed that your squad took, generally, a route that went West of the IED site. Do you recall that?

A. Yes, sir.

Q. As you were traveling West down towards the IED site, do you recall hearing any small-arms fire?

A. I remember as we were moving South, we could hear small-arms fire, sir.

Q. You are out of the Marine Corps, now, but you obtained the rank of Sergeant. How long had you been in the Marine Corps?

A. I have been in the Marine Corps for 4 years with a voluntary extension.

Q. How many deployments did you participate in?

A. That was my second.

Q. And the first one was in Fallujah?

A. Yes, sir.

Q. So you had seen a lot of combat?

A. More than most, sir.

Q. Can you tell the difference between AK-47's and M-16fire?

A. Yes, sir.

Q. How so?

A. How so? There is a distinct sound from an AK-47, sir. You can establish which is which. I can't really explain it, I guess.

Q. So when you say you heard small-arms fire as you were travelling South from base, can you describe what weapon system you recognized?

A. I remember hearing -- I can't tell you, exactly. I remember it sounded like, to me, that there was AK fire, and that was the first shots that I heard. That is pretty much -- and I heard, like, a MAG firing what sounded like a grenade.

Q. Okay. Let me read you a line from an NCIS interview that you gave on 27 July 2006 and tell me if it refreshes your recollection at all?

A. Yes, sir.

Q. Specifically, you, Sergeant Wolf, heard AK-47's and M-16fire. Wolf also thought that he heard RBK and RPG fire. Is that accurate?

A. Yes, sir.

Q. Did you have the radio in the squad?

A. Yes, sir.

Q. You could hear the traffic?

A. Yes, sir.

Q. In that same statement, you described it as being of high intensity. Can you describe what you mean by that?

A. There was just a lot of chatter coming from 1st Squad, sir. And also there was another squad that had been launched out right before us, because we had the secondary QRF. They were also trying to make their way down to the site, and they were on the radio, also. There was a lot of traffic going on between the two squads at the time.

Q. Now, do you recall receiving more fire as you got closer to Chestnut?

A. Like, when we were heading down there, from the best I can remember, yes. We had heard fire.

Q. Specifically, do you recall hearing what you thought was sniper fire?

A. Yes, sir. We had what I thought was sniper fire coming at us.

Q. Describe that in more detail. How would you think, or how would you know that you were receiving sniper fire?

A. Whenever the rounds come at you, sir, the sound of a Dragonov sniper rifle is pretty clear that it is coming towards your direction. And when we were moving south probably about two blocks from, I think it was Route Chestnut, which was the road that 1st Squad was on, we had fire that was intended in our direction, which caused me to put my guys in roof top positions.

Q. Again, in that same statement, you mentioned a Dragonov sniper rifle. Is that a weapon that you heard fired before?

A. Yes, sir.

Q. Fired at you?

A. Yes, sir. That is what I believed it to be at the time.

Q. That is what you believed was firing at you at the time?

A. Yes, sir.

Q. Do you recall seeing rounds impacting in your vicinity?

A. There was one round, sir, I though might have been an impact. I am not positive because it happened so fast. Once I heard the round, I started moving my guys into position. It's been a long time.

Q. I understand. Just testify to the best of your recollection, okay?

A. Yes, sir.

Q. Regardless, you deployed your Marines to take cover in two separate houses?

A. Yes, sir.

Q. And that was based on your belief that you were taking fire?

A. Yes, sir.

Q. At some time thereafter, did you see and engage two military age Iraqi males?

A. Yes, sir.

Q. That was when you were still with Sergeant Laughner and Captain McConnell?

A. Yes. They were with my other team. I was with a different team at the time.

Q. Those two military age males, what was suspicious about them and their movement?

A. They way they were moving, sir. I remember this part clearly. They were bounding just like we would if we were under fire to break contact. They were bounding and over lapping like, kind of, a leapfrog measure away from, kind of, in a south-western direction, which put them right at us. Where they were coming from was exactly where we had heard the shots.

Q. Okay. Anything about the way that they were dressed gave you suspicion?

A. Sir, the way they were dressed, you can't use that as a significant way to pick out an enemy over there. They all dressed the same, and that's their whole deal. They dressed the same to blend in.

Q. What about anything that either of them were holding?

A. One man was holding -- this was about 600 meters out when I first started to notice. One man was holding a gun, or what looked like one from the length of it, and that probably is what it was.

Q. So you, yourself, fired five or six shots at these two individuals?

A. Yes, sir.

Q. And others within your squad fired at these two individuals?

A. Say again?

Q. Others within your squad fired as well?

A. One other man, sir.

Q. And you thought your action and the other that fired, that it was reasonable to fire at these two?

A. Say again?

Q. You thought it was reasonable to fire at these two?

A. Yes, sir.

Q. Why?

A. Because of the moving, and also movement towards the individuals. We had also laid down about three or four warning shots in their direction in the situation, just to try to get them to stop for their own safety, and for our safety. And once they continued to come, I thought we had no choice but to engage the individuals. So myself and one other man engaged the two individuals.

Q. After that engagement, did you find yourself in a house with an injured Iraqi male?

A. Say again?

Q. I am just trying to do it sequentially. Did you find yourself in a house with an injured Iraqi male that eventually was Med Evac'd?

A. Yes, sir. That was one of the individuals that we engaged.

Q. That was one of the individual that we just talked about, the two Iraqi males?

A. Yes, sir. We moved down there to check the individual out.

Q. And the other one continued to run on?

A. Yes, sir. We never found anything as far as where the other individual went.

Q. While you were at the house waiting for Med Evac did you hear or did you witness the air assault on the insurgent house in the East?

A. Say it one more time for me, sir.

Q. At some point, did you see the helicopters and fixed wing drop assets on an insurgents house to the East?

A. Yes, sir. That was Weapons Platoon.

Q. Weapons Platoon was being engaged to the East of your position?

A. Yes, sir. To the Southeast.

Q. Did you actually see or hear the hell fire missiles being fired?

A. Yes, sir. They dropped two or three because the first two did not detonate.

Q. Did you also hear or see the fixed wing aircraft drop500-pound bombs on that house?

A. I heard they dropped 500-pound bombs, but I can't remember if I saw the actual aircraft. But I do know they dropped five hundred pound bombs on them.

Q. Now, while you were there, you were still on the radio. Is that right?

A. Yes, sir.

Q. Did you hear the radio traffic about the Scan Eagle and what they had seen by way of additional insurgent activity?

A. Yes, sir.

Q. What did you hear?

A. Are you talking about before weapons or after weapons, sir?

Q. Before.

A. Before weapons?

Q. Yes.

A. I'm sorry. I had so much going on that I wasn't really looking too much into that. I just knew they released Weapons Platoon or a squad from Weapons Platoon to move up North towards where 1st Squad was to help out. And at that time, they got engaged on their way up. And then I remember Scan Eagle saying they saw three or four insurgents running to the Southwest.

Q. Now at some point, were you tasked with joining Lieutenant Kallop and other Marines to accompany tanks that had been dispatched?

A. Say that one more time for me, sir.

Q. Did you end up with Lieutenant Kallop and a couple of tanks to pursue those insurgents?

A. Yes, sir, I did.

Q. And that took you away from Chestnut?

A. Yes, sir.

Q. Now again, you have been in combat before in Fallujah. Is that true?

A. Yes, sir.

Q. How would you describe, sort of, the pace of that morning there in Haditha on 19 November?

A. Say it one more time, sir.

Q. How would you describe the pace of the action in Haditha on 19 November?

A. It was definitely a hostile environment, sir. There was no question about that. I think anybody that was in that city would agree with me. That was probably one of the worst days. I would put that day up there with Fallujah, as far as how much -- and we had every squad that was being sent out was getting IED's or they were getting hit by some kind of small-arms ambush. It was violence everywhere around you.

Q. Okay. Let me talk about Fallujah with you a little bit, okay?

A. Yes, sir.

Q. You were Lance Corporal Sharratt's squad leader in Fallujah?

A. Squad leader, no, sir. I was his team leader.

Q. How well, then, do you think you now know Lance Corporal Sharratt?

A. I know Sharratt pretty good, sir.

Q. Certainly as his superior in the military, you have a lot of experience?

A. Yes, sir.

Q. What is your opinion of Lance Corporal Sharratt as a Marine?

A. As a Marine, sir, I think he is one of the better ones out there, no doubt about it.

Q. Why do you say that?

A. He is willing to learn. He never bitches, he never moans, he doesn't need help, and as far as knowing his weapons system, as far as employing his weapons system, as far as helping other Marines out, and as far as not being scared and doing what he needs to do, he is, by far, up there.

Q. You had the opportunity to clear numerous houses with Lance Corporal Sharratt?

A. Yes, sir.

Q. You had the opportunity to take and return fire with Lance Corporal Sharratt?

A. Yes, sir.

Q. Did you ever know him to act in an unprofessional or untactical way?

A. No, sir. Sharratt is one of those guys on a mission you tell him to get on it, whether it be a knock the top or it be a full-blown off the wall type of mission, he is always on the right level where he should have been.

Q. He has good judgment?

A. Yes, sir. Great judgment as a Marine.

Q. Okay. Let me talk about two specific instances in Fallujah. There was a situation where Lance Corporal Sharratt was able to repair your weapon that had jammed and malfunctioned?

A. He was always repairing my shit, sir.

Q. But do you recall one situation that you described as he saved your life?

A. Say again?

Q. Can you describe one specific situation where its been described, or you described, that he saved your life?

A. The more I think about it, sir, there is a lot more. The one main one that sticks out in my mind was we were going down Route Henry about two days before the Hell House, and I was walking along. Me and PFC Nichols were walking along the left-hand side of the road heading South, and there was an antitank mine that was rigged to blow for antipersonnel. And as I went to step, Lance Corporal Sharratt yelled and grabbed me. And if he hadn't of done that, I probably would have killed four  or five of my own guys there.

Q. You mentioned in that account, that Hell House. You were apart of that with Sergeant Major Kasal and Mitchell, Nichol?

A. Yes, sir.

Q. Lance Corporal Sharratt was in that house as well?

A. Yes, sir. He was.

Q. Can you please describe your participation and Lance Corporal Sharratt's participation? And I am not sure if everyone knows what the Hell House is. Can you describe that, as well, briefly?

A. The Hell House, basically, sir, was the core house of the neighborhood, basically, than just any other house in the area because there was a lot of resistance in that area. So we were hitting every house in the area that was in resistance. It was kind of risky going out, because you knew you were going to create a pattern, but there was nothing you could do about it. And we ended up that one of the last houses we had to clear was set up as an internal ambush for our guys. And I think a total of seven to ten Marines were injured, one KIA in one house, and it was a pretty bad house.

Q. And you were tasked with getting some Marines together to go and rescue those that were trapped?

A. Yes, sir. 3d Squad originally hit the house. They had three or four guys hit and two guys trapped on the inside. And so me and my guys went in to try to help out.

Q. When you say "your guys," does that include Lance Corporal Sharratt?

A. Yes, sir.

Q. Can you describe just briefly, again, Lance Corporal Sharratt's action inside of the house?

A. I don't really exactly remember. It was pretty chaotic. I was coordinating Mark 19 and fire support positions. I can't exactly tell you what I had Sharratt doing, but I know damn well he was doing exactly what I told him to do with no hesitation. That's all I can pretty much say, because I can't remember where I exactly had him at.

Q. Is it fair to say, though, that at that time the surviving Marines were eventually pulled out of that house?

A. Say again, sir?

Q. The Marines were pulled out of that house?

A. Yes, sir.

Q. Including then First Sergeant Kasal?

A. Yes, sir.

Q. That's the photograph we have all seen before?

A. Say again?

Q. That is the photograph we have all seen before?

A. Yes, sir.

Q. In Fallujah, you had a Marine under your watch by the name of Lance Corporal Prentice. Is that true?

A. Yes, sir.

Q. Do you believe you know him well?

A. Yes, sir, I do.

Q. And do you know him as his superior?

A. Say again?

Q. You know him as his superior?

A. Yes, sir.

Q. You are not friends with him, right?

A. No, sir. I mean, I am friends with all of my Marines, sir, but nothing like, you know.

Q. Understood. What is your opinion of Lance Corporal Prentice as a Marine?

A. As a Marine, sir, I don't think he is -- he's not a very good Marine, sir.

Q. Why do you say that?

A. He is just one of those guy that you look at that should have never joined the Marine Corps. He is pretty lazy. He is that Marine that you can't trust to go out there and police call cigarette butts unless you are right there on top of him, and that is pretty bad.

Q. Do you know him to lie to you?

A. He doesn't lie. Not that he lies a lot, sir, but he definitely does work to benefit him.

Q. You said earlier, at least to me, that he is always out for himself. What do you mean by that?

A. Exactly what I said, sir. He is always going to do what is benefitting to him. If it doesn't hurt him and it works for his schedule better, he is going to do it, regardless of who he screws over in the process.

Q. I am sorry. I should have told you I walked away for a second. Give me 10 more seconds, all right?

A. All right.

Q. Let me circle back for a second to Lance Corporal Sharratt?

A. Okay.

Q. Again, you know Lance Corporal Sharratt pretty well?

A. Yes, sir.

Q. Spent a lot of time with him in Fallujah, as well asHaditha?

A. Yes, sir.

Q. Would you characterize Lance Corporal Sharratt as somebody who likes to tell stories and exaggerate things?

A. I think all Marines exaggerate some stories. I don't think anybody is innocent of that.

Q. In particular, have you heard, or do you know by reputation or directly, Lance Corporal Sharratt doing that type of thing?

A. No, sir. No.

Q. Generally though, do you believe that all Marines are guilty of that?

A. I think everybody is, especially Marines. We all have egos.

Q. Like to make themselves more important?

A. Not so much that. I think everybody just tries to outdo each other, you know what I mean? That is good about the Marine Corps. We are all competitive.

Q. Did Lance Corporal Sharratt tell you, or did you hear back on 19 November in Haditha that as a squad of Marines was clearing South to where they were taking fire, that he went back to the first vehicle and took the 240 Gulf off of the turret?

A. Yes, sir.

Q. Tactically, do you feel that was the right move?

A. At that time, I think it was an absolute awesome move, sir.

Q. Why do you think it was an absolute awesome move?

A. Because they were down to about a six or seven man squad, at the time, and they had three men hurt. You had a HMMWV out there with a 240 Gulf on it, and you are taking fire. If you just got hit with an IED that day, you have to look out for secondary IED's, plus you are an open target out there. If you get the 240 down and you get down there quick enough, it's safer for you, and it's safer for your guys because now you're out of the kill zone and you'll be able to suppress the fire.

Q. So to you, is that an example of Lance Corporal Sharratt doing what is tactically right?

A. Yes, sir.

Q. And that has always been your experience with Lance Corporal Sharratt?

A. Yes, sir. He is tactically -- he is above his pay grade by many levels.

Q. Again give me ten more seconds, all right?

A. Okay.

DC[LtCol Cosgrove]: Sir, no further questions.

IO: One minute. Captain Hur may have some questions for you.

TC[Capt Hur]: Yes, sir.

CROSS-EXAMINATION

Questions by Captain Hur:

Q. Good morning, Mr. Wolf. This is Captain Hur.

A. Yes, sir.

Q. For consistency, would you mind if I keep calling you Sergeant Wolf?

A. That's fine, sir.

Q. Now, you have been given testimonial immunity to testify today. Is that correct?

A. Yes, sir.

Q. And you have been given this testimonial immunity so you can testify without fear of prosecution based on your testimony?

A. Yes, sir.

Q. Were you given this immunity because on your way out to the IED sight on 19 November, you engaged some Iraqi males that were unarmed?

A. It wasn't just that, sir. It was the combination of how everybody was going down, just for my own good, and to protect me.

Q. What were the other reasons that you were given testimonial immunity?

A. I don't want to get caught up in this shit to be quite honest with you.

Q. Had you given some statements before that you later on had to correct?

A. No, sir. Everything that I have known, I told from the beginning because I believe the Marines did the right thing.

Q. So your understanding of why you received testimonial immunity was because: One, you had killed an unarmed man while you were heading out to the IED site; and two, you didn't want to get in trouble for whatever testimony you could offer about the event?

A. Say it again, now.

Q. You were given testimonial immunity, to your understanding, because: One, you killed an unarmed man while you were heading out to the IED sight on November 19; and two, you didn't want to get in trouble based on whatever testimony you might offer?

A. Sir, my main thing for getting immunity was I did everything by my ROE when I did engage that man, and I also did Med Evac him. But considering the situation and how everything was going down, and considering you had already put me in the paper as having murder charges against me, I got the immunity.

Q. Now, when you arrived at the IED sight, you didn't see any small-arms fire hit the actual deck while at the actual IED sight?

A. Say again?

Q. Let me get a little bit closer. I know it is difficult to hear me over the phone. When you arrived out to the IED sight, Sergeant Wolf, you did not actually see any small-arms fire while you were at the IED sight?

A. When I was at the IED sight with Staff Sergeant Wilders?

Q. Yes.

A. No. By that time, everything had calmed down.

Q. It was fairly quiet while you were at the IED sight?

A. No, sir. They had some stuff going on with a lot of Marines that got hurt down there. I mean, as far as the radio -- the shooting was done, sir. But as far as the radio and everything that was going on, it was still pretty chaotic.

Q. I understand it was chaotic in other parts of the city, but at the IED site and the houses surrounding the IED site, would it be your opinion that it was fairly quiet?

A. At that time, yes, sir. When I made the link up, yes, sir.

Q. How long were you out at the IED site for?

A. I guess, no more than probably ten to fifteen minutes, sir.

Q. And while you were out at the IED site, you never actually saw any enemy weapons recovered from any of the supposed dead enemy that happened at the IED site?

A. No, sir. I went straight to Staff Sergeant Wilder and requested my guys give his guys a little bit of time to get some chow and water. I didn't walk around and survey the area, no, sir.

Q. And Staff Sergeant told that you his squad had cleared houses where insurgents used people as shields?

A. Sir, at that time, he just said that they took fire. Captain McConnell was there, sir, so I laid back and let them do their thing. It wasn't time for me to get involved. I just wanted to make sure everybody was okay -- make sure, mentally, that he was okay.

Q. But Sergeant Wolf, you said in your -- let me rephrase. You recall making a July 2006 interview with NCIS. Correct?

A. Yes, sir.

Q. And everything you said in that interview was true and accurate to the best of your knowledge?

A. To the best of my knowledge, yes, sir.

Q. So in your July 2006 quote, "Staff Sergeant Wuterich's squad cleared houses where insurgents had used people as shields." That would be a correct statement?

A. Yes, sir. I mean, as far as -- there was a lot on my mind when I made that statement there. So that would be the statement that is going to be more accurate, because now it has been so long. I have tried to forget about all of this.

Q. I understand. It's been almost three years since the incident. Correct?

A. Has it been that long? It's been a while.

Q. So would it also be correct if in your July 2006interview with NCIS, you said quote "Wuterich also told me that they found multiple weapons on 19 November 2005?"

A. Yes, sir.

Q. Do you recall Staff Sergeant Wuterich telling you that, too?

A. If I said it then, sir, then it is probably more accurate. I don't remember much of it anymore, to be honest with you. It was more fresh in my mind then, so I do remember talking about weapons they had recovered, yes, sir.

Q. Earlier, you testified that you remembered Lance Corporal Sharratt had told you that he had used his 240Gulf machine gun to gain fire superiority while at the IED site?

A. Yes, sir.

Q. Do you also remember that Lance Corporal Sharratt told you that he had to use his nine millimeter pistol because he ran out of rounds?

A. I remember him saying that he had to clear out the houses. To the best of my knowledge, sir, I don't remember him saying specifically he used a nine millimeter pistol.

Q. But if you had said it in your July 2006, quote "Sharratt also told Wolf he had to use his nine millimeter pistol at some point because he ran out of rounds," that would be accurate?

A. If it is in that statement, sir, it is more accurate than right now, yes.

Q. And Lance Corporal Sharratt also told you that they had found weapons on 19 November 2005?

A. I can't recall. It's been forever.

Q. But again, if you said it in your statement, that would be correct?

A. Yes, sir.

Q. Let's discuss Lance Corporal Prentice for a little bit. Lance Corporal Prentice was in Hell House too with yourself and Lance Corporal Sharratt?

A. Yes, sir.

Q. And at Hell House, Lance Corporal Prentice did his job, too?

A. He was in there before I got there, sir. He was in the actual squad that went in, the original squad that was actually the squad that got hit.

Q. He behaved appropriately under fire, though, to the best of your knowledge?

A. His team leader was one of my good friends just moved about 15 minutes away from me, sir, and we were actually talking about him the other day. And he had told me that he had actually pushed him and Carlisle into the house with them. I don't know, sir. I wasn't there. So I shouldn't say. It's not really my place to say, because I wasn't with them in the Hell House.

Q. Well, it didn't benefit Prentice to risk his life inside Hell House, did it?

A. Say again?

Q. Well, you say Lance Corporal Prentice, to your knowledge, always does what benefits his interest?

A. Yes, sir.

Q. But it didn't benefit Prentice to risk his life?

A. That would not benefit anybody that arrived in Fallujah. Everybody was there because we didn't have a choice.

Q. Well, to your knowledge, Sergeant Wolf, would it benefit Lance Corporal Prentice to make up stories on how to get Lance Corporal Sharratt in trouble?

DC[LtCol Cosgrove]: Objection.

WIT[Mr. Wolf]: Would it benefit him? I think with the situation pending, I don't think it is going to hurt him much.

Questions by Captain Hur continued:

Q. But you can't see how that would benefit Lance Corporal Prentice?

A. As far as him --

Q. As far as him making up stories to get Lance Corporal Sharratt in trouble?

A. Yeah. I think it is going to keep his ass home off of deployment. That is how it is going to benefit him. I know that is how that kid thinks.

Q. So to your knowledge, Lance Corporal Prentice has avoided deployment because of his testimony against Lance Corporal Sharratt?

A. That is exactly how I see it, sir.

Q. Would it surprise you to learn that Lance Corporal Prentice is currently deployed in Iraq right now?

A. Would it surprise me? It would surprise the shit out of me, because he's that type to do anything he could to get out of it.

Q. Sergeant Wolf, would your opinion of good military character for Lance Corporal Sharratt change if you learned that Lance Corporal Sharratt had executed three unarmed Iraqi males?

A. No, sir, it wouldn't.

TC[Capt Hur]: One moment, please. Let me review my notes. Sergeant Wolf, that is all the questions I have for you right now. Please stay on the line as the Investigating Officer, Colonel Ware, may have some questions, as well as other parties, I'm sure.

EXAMINATION BY THE INVESTIGATING OFFICER

Questions by the investigating officer:

Q. Sergeant Wolf, you are out of the Marine Corps, now. Is that correct?

A. Yes, sir.

Q. Are you staying in the Reserves, or just severed the relationship in thinking about Reserves?

A. I am actually thinking about going back in.

Q. This immunity that you received is from whom?

A. Say what?

Q. You described your testimonial immunity. My question is, who is it from?

A. I don't know, sir. My lawyer is taking care of that.

Q. Is it in the capacity of civilian? Do you know if the attorney general is involved in that, or something you were told by the military that you had immunity?

A. I want to say it was something to do with General Mattis, sir. My lawyer has copies, sir. He would know more that than I do.

Q. So you have to say you are answering the question to the best of your knowledge without any other problems. Is that correct?

A. Yes, it is. I mean, it's been a long time. I am trying to remember as much as I can, and I really don't want to remember it, but, I'm trying.

Q. I want to just ask you a couple of questions relating to your experience that you described. You said that you were taught some rules of engagement and you used them. You follow the rules, but you needed immunity because of what was happening. I guess there's been some notoriety of your name in the paper. Is that correct?

A. Yes, sir.

Q. So you are concerned that even thought you followed the rules, that members of the media and other people are going to try to make you a criminal?

A. Yes, sir.

Q. Now, you also described you engaged, what you believed, were two enemies, and you said you fired warning shots?

A. Yes, sir.

Q. Why did you fire warning shots when that is not normally part of rules of engagement?

A. Warning shots are not even authorized, sir, and that's why when we had done that, it was just to try to get them to stop where they were at.

Q. Did you fire warning shots because you were concerned that others wouldn't believe you were applying rules of use of force appropriately?

A. Say again.

Q. Did you fire warning shots because you were concerned that if you didn't that others might second guess your use of force?

A. No, sir. I just thought it was the right thing to do.

Q. So even though you were taught not to fire warning shots, you did it because you were trying to avoid having to kill those people?

A. I was trying to avoid, at all cost, trying to kill those people, sir.

Q. But under your understanding, the rules of engagement and the use of force, you were authorized to kill them because they posed a threat?

A. Yes, sir, I am. That is why we did kill them.

IO: That is all the questions I have. Any follow up?

DC[LtCol Cosgrove]: No, sir.

TC[Capt Hur]: None from the government, sir.

IO: Mr. Wolf, thank you for your testimony. I have just one last question. If you are required to testify at any further proceedings, are you planning on leaving the country with employment, or are you going to be available to be contacted?

WIT[Mr. Wolf]: I will be right here.

IO: Thank you. Have a good day.

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