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Marine to serve no time in Iraqi killings case

Chris Carlson / AP

Marine Corps Staff Sgt. Frank Wuterich, left, arrives with his attorney for a court session at Camp Pendleton in Camp Pendleton, Calif., Tuesday, Jan. 24.,

Updated at 6:45 p.m. ET:  Prosecutors asked judge Lt. Col. David Jones to give Staff Sgt. Frank Wuterich the maximum sentence of three months confinement, a reduction in rank and forfeiture of two-thirds of his pay.

They said his knee-jerk reaction of sending the squad to assault nearby homes without positively identifying the threat went against his training and led to the deaths of the 10 women and children.

"That is a horrific result from that derelict order of shooting first, ask questions later," Lt. Col. Sean Sullivan told the court.

The judge said he would recommend that Wuterich's rank be reduced to private.

He said he decided not to dock his pay because he is the divorced father of three young daughters with sole custody.

Updated at 6:20 p.m. ET:  A Marine sergeant who led a squad that killed 24 unarmed Iraqis will spend no time in confinement.

Military judge Lt. Col. David Jones said he wanted to send Staff Sgt. Frank Wuterich to the brig, but his hands were tied by a plea agreement that prevents any jail time.

Jones was not aware of the stipulation until he opened the plea agreement in court after recommending 90 days confinement.

Wuterich pleaded guilty to negligent dereliction of duty, a charge that carried a maximum sentence of 90 days. But because of the way the military system works, the terms of the deal with prosecutors weren't known to the judge until after he made his sentencing recommendation in court on Tuesday.

Earlier:
CAMP PENDLETON, Calif. -- A Marine sergeant whose squad killed 24 unarmed Iraqi civilians in assaults after a bomb killed a fellow Marine has told a judge he never fired his weapon at any women or children that day.

Staff Sgt. Frank Wuterich addressed a Camp Pendleton, Calif., court during sentencing for negligent dereliction of duty in the 2005 attacks in Haditha, Iraq.


A plea deal Monday ended a manslaughter case against the Marine from Meriden, Conn. Prosecutors implicated Wuterich in 19 of the 24 deaths.

Wuterich's statement also addressed surviving members of families who were attacked, saying he knows nothing can ease their pain and that they are the real victims.

Wuterich said that when he told his squad to shoot first and ask questions later, he did not intend they shoot civilians, but to not hesitate in the face of the enemy.

"The truth is: I never fired any weapon at any women or children that day," Wuterich said in a statement during his sentencing hearing.

'Sorrow' for loss of loved ones
He began by telling the family members of victims, "Words cannot express my sorrow for the loss of your loved one. I know there is nothing I can say to ease your pain. I wish to assure you that on that day, it was never my intention (to) harm you or your families. I know that you are the real victims of Nov. 19, 2005."

He went on to say he went to Iraq to do his duty, serve his country, and do the best job he could.

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"When my Marines and I cleared those houses that day, I responded to what I perceived as a threat and my intention was to eliminate that threat in order to keep the rest of my Marines alive," he said. "So when I told my team to shoot first and ask questions later, the intent wasn't that they would shoot civilians, it was that they would not hesitate in the face of the enemy."

Military prosecutors worked for more than six years to bring Wuterich to trial on manslaughter charges that could have sent him away to prison for life.

But only weeks after the long-awaited trial started, they offered Wuterich a deal that stopped the proceedings for the squad leader who ordered his men to "shoot first, ask questions later" and resulted in one of the Iraq War's worst attacks on civilians by U.S. troops.

The 31-year-old Marine, who was originally accused of unpremeditated murder, pleaded guilty Monday to negligent dereliction of duty for leading the squad that killed the civilians.

Wuterich, who was indicted in 19 of the 24 deaths, now faces no more than three months in confinement.

It was a stunning outcome for the last defendant in the case once compared with the My Lai massacre in Vietnam. The seven other Marines initially charged were exonerated or had their cases dropped.

'Insult to all Iraqis'
"This sentence gives us the proof, the solid proof that the Americans don't respect human rights," Ali Badr, a Haditha resident and relative of one of those killed, told Reuters. "This is an insult to the victims and an insult to all Iraqis."

One of the survivors, Awis Fahmi Hussein, told The Associated Press in Haditha: "I was expecting that the American judiciary would sentence this person to life in prison and that he would appear and confess in front of the whole world that he committed this crime, so that America could show itself as democratic and fair."

Military judge Lt. Col. David Jones began hearing arguments from both sides Tuesday at Camp Pendleton, Calif., before making a sentencing recommendation to be considered by the commander of Marine Corps Forces Central Command.

Legal experts said the case was fraught with errors made by investigators and the prosecution that let it drag on for years. The prosecution was also hampered by squad mates who acknowledged they had lied to investigators initially and later testified in exchange for having their cases dropped, bringing into question their credibility.

In addition, Wuterich was seen as taking the fall for senior leaders and more seasoned combat veterans, analysts said. It was his first time in combat when he led the squad on Nov. 19, 2005.

Brian Rooney, an attorney for another former defendant, said cases like Haditha are difficult to prosecute because a military jury is unlikely to question decisions made in combat unless wrongdoing is clear-cut and egregious, like rape.

"If it's a gray area, fog-of-war, you can't put yourself in a Marine's situation where he's legitimately trying to do the best he can," said Rooney, who represented Lt. Col. Jeffrey Chessani, the highest-ranking Marine charged in the case. "When you're in a town like Haditha or Fallujah, you've got bad guys trying to kill you and trying to do it in very surreptitious ways."

The Haditha attack is considered among the war's defining moments, further tainting America's reputation when it was already at a low point after the release of photos of prisoner abuse by U.S. soldiers at Abu Ghraib prison.

Anger lingers in Iraq
It still fuels anger in Iraq today.

"We wonder about such a sentence issued against the defendant. We called upon U.S. to be fair in passing sentences. Regrettably, we are disappointed about the issuance of such sentences," said Khalid Salman Rasif, a member of the Provincial Council in Haditha, adding he would contact the lawyer for victims' families for an explanation.

Kamil al-Dulaimi, a Sunni lawmaker from the Anbar provincial capital of Ramadi, called the plea agreement proof that "Americans still deal with Iraqis without any respect."

"It's just another barbaric act of Americans against Iraqis," al-Dulaimi told The Associated Press. "They spill the blood of Iraqis and get this worthless sentence for the savage crime against innocent civilians."

Wuterich, the father of three children, had faced the possibility of life behind bars when he was charged with nine counts of manslaughter, which will be dropped. Along with facing a maximum of three months in confinement, he could also lose two-thirds of his pay and see his rank demoted to private when he's sentenced.

Khalid Salman, a lawyer for the Haditha victims' relatives, told Reuters he could not believe the sentence and had to check that it was true.

"This is not a traffic felony," said Salman, who had a cousin killed in the massacre.

Wuterich, his family and his attorneys declined to comment Monday after he entered the plea. Prosecutors also declined to comment on the plea deal.

During the trial before a jury of combat Marines who served in Iraq, prosecutors argued he lost control after seeing the body of his friend blown apart by the bomb and led his men on a rampage in which they stormed two nearby homes, blasting their way in with gunfire and grenades. Among the dead was a man in a wheelchair.

In the deal, Wuterich acknowledged that his orders misled his men to believe they could shoot without hesitation and not follow the rules of engagement that required troops to positively identify their targets before they raided the homes.

He told the judge that caused "tragic events."

"I think we all understood what we were doing so I probably just should have said nothing," Wuterich told the judge.

He said his orders were based on the guidance of his platoon commander at the time, and that the squad did not take any gunfire during the 45-minute raid.

Many of his squad mates testified that they do not believe to this day that they did anything wrong because they feared insurgents were inside hiding.

Haditha prompted commanders to demand troops be more careful in distinguishing between civilians and combatants.

Former Navy officer David Glazier said the case shows such rules are essential to helping the United States prevail in an armed conflict.

"The reality is that this incident has had significant consequences for the U.S. in Iraq," said Glazier, a professor at Loyola Law School in Los Angeles. "It probably fueled the resistance and so it probably ended up costing additional soldiers and Marines their lives later on."

The Associated Press and Reuters contributed to this report.