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Fact sheet
The accused, SSgt. Frank
Wuterich,
was
26-years-old at the time of the incident, and
was on his first combat tour.
Two months after the Haditha incident, an officer
recommended Wuterich for a medal. In his memorandum, the officer wrote
that Wuterich's "calm and confident decisiveness that day doubtlessly
prevented further injury or death to fellow Marines and innocent
civilians."
Preferred Charges and Specifications:
Charge I:
Violation of the UCMJ, Article 118 (Unpremeditated murder)
(Maximum punishment: such punishment other than death as a
court-martial may direct. [Dishonorable discharge, forfeiture of all
pay and allowances, confinement for life])
Specification 1:
did murder Ahmed Khutar Musleh, also known as Ahmed Fenr Muselh.
Specification 2:
did murder Wagdi Aida Alzawi, also known as Wgedi Aida Abd.
Specification 3:
did murder Kaled Aida Alzawi, also known as Kaled Aida Abd.
Specification 4:
did murder Mohmed Tabal Ahmed, also known as Mohmed Betel Ahmed.
Specification 5:
did murder Akram Hamid Flaeh, also known as Akram Hmid Fluih.
Specification 6:
did murder Huda Yasin Ahmed.
Specification 7:
did murder Aida Yasin Ahmed.
Specification 8:
did murder Mohmed Yunis Salim.
Specification 9:
did murder Aisha Unes Salim.
Specification 10:
did murder Sebea Yunis Salim.
Specification 11:
did murder Zainab Unes Salim.
Specification 12:
did murder Marwan Aiad Ahmed.
(Charge dropped August 30)
Specification 13:
did murder six persons inside a house identified as House 1, by
disregarding the requirement to have positive identification prior to
engaging a target; and participating in clearing House 1 with deadly
force without conducting positive identification prior to engaging
individuals in House 1.
Charge II:
Violation of the UCMJ, Article 134 (Soliciting Another to commit
an offense) (Maximum punishment: Dishonorable discharge,
forfeiture of all pay and allowances, and confinement for 5 years)
Specification 1:
did wrongfully solicit Corporal Dela Cruz to make a false official
statement.
Specification 2:
did wrongfully solicit Corporal Dela Cruz to make a false official
statement.
Charge III:
Violation of the UCMJ, Article 107 (False
official statement)
(Maximum punishment: Dishonorable discharge, forfeiture of all pay
and allowances, and confinement for 5 years)
Specification: did with intent to deceive, make a false official
statement.
Investigating
officer: Lt. Col. Paul J.
Ware.
Convening
authority: Lt. Gen. James Mattis,
commanding general for
the 1st Marine Expeditionary Force and Marine Forces Central Commander
for Afghanistan, Iraq and Africa.
Lead prosecutor: Lt. Col. Sean
Sullivan
Defense
counsel:
Neal Puckett and Mark Zaid (civilian attorneys).
What to expect
at the hearing:
Two Marines will testify against SSgt Wuterich. They are Sgt Sanick
Dela Cruz and LCpl Humberto Mendoza. Both also testified against LCpl
Tatum (in front of the same IO) and their testimony was simply
not believed. Expect headlines from Dela Cruz's testimony, but it
should have little effect on the outcome of the hearing.
The biggest challenge for the defense
will be house 2. They will have to establish that SSgt Wuterich acted
reasonably in continuing to clear the area. To ensure a fair hearing,
it is past time that a key witness, Cpl Hector Salinas be given
testimonial immunity.
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Based on details in
media reports, the four incidents involving Sgt. Wuterich look something like this:
The White Taxi
1. A Marine in the first Humvee in a convoy motions an
approaching taxi to the side of the road.
2. An IED explodes, killing one Marine and wounding two. The
Marines come under fire.
3. SSgt Wuterich is charged with killing the five occupants of
the taxi. What actually happened will be established in SSgt
Wuterich's Article 32 hearing.
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House 1
The Marines identify fire coming from a house about 50
yards from the road. Lt. William Kallop orders a fire team, led by SSgt.
Frank Wuterich, to clear the area.
Cpl Salinas enters house 1 and shoots and kills an
Iraqi in the hallway by the stairs.
LCpl Mendoza moves to the room to the right of the
hallway. He observes an Iraqi male making a movement toward the closet and
kills him.
Cpl Salinas, LCpl Tatum and SSgt Wuterich hear someone
rack an AK-47 rifle. LCpl Tatum and Cpl Salinas throw grenades into the
room. One of the two grenades explode and SSgt Wuterich and LCpl Tatum
enter the room and fire at its occupants.
SSgt Wuterich sees someone run out of the house toward
house 2. SSgt Wuterich orders the Marines to pursue the runner into house
2.
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House 2
SSgt Wuterich, Cpl Salinas and LCpl Mendoza take positions outside
house 2 next to one door. LCpl Mendoza kept watch toward a second
door. One of the Marines knocked or rang a bell at the door.
As an Iraqi male approaches the second door, LCpl Mendoza shoots
through the door and kills him.
SSgt Wuterich, LCpl Mendoza, and LCpl Tatum enter house 2. SSgt
Wuterich orders LCpl Tatum to "frag" the next room in the home.
Unknown to the Marines at that time was that there were two adult
women and six children in the far back corner room of the house 2.
SSgt Wuterich ordered the Marines to continue to clear house 2. At
some point a Marine threw a grenade into the back room but it did not
explode. SSgt Wuterich entered the room and fired at the occupants.
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The charge of murder for the shooting in house 4 was dropped at the
commencement of the hearing on August 30.
House 3 and 4
1. After the assaults to the South were completed and insurgent
activity and firefights had all but ceased, LCpl Sharratt, Cpl Salinas
and SSgt Wuterich man an observation post established by 2ndLt Kallop.
The Marines notice several men peeking over a privacy wall at the
Ahmed houses. The Marines suspect that the men might be forward
observers for another assault or IED attack. SSgt Wuterich takes a
team of Marines to investigate.
2. The Marines approach house 3 and find only women and
children inside. They ask where the men are and discover that there
are two houses within the courtyard. Cpl Salinas stays with the women
and children in house 3 while SSgt Wuterich and LCpl Sharratt go to
search house 4.
3. LCpl Sharratt sees a man with an AK-47 and shoots him. He
notices a second man retrieving the AK-47. LCpl Sharratt shoots him as
well. There were two more men inside the room. LCpl Sharratt shoots
the third man inside the room. The fourth man moves toward the wall
locker (closet) as LCpl Sharratt yells that his weapon is empty. SSgt
Wuterich moves forward and fires his M16 and kills the fourth man.
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A larger file of house 1 and 2 in one diagram:
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Diagram, and overhead map, from the Los Angeles Times:
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