page_title: Haditha massacre
section_title: Pre-trial hearings
hierarchical_section_title: Haditha massacre / Legal proceedings / Pre-trial hearings
caption_attribution_description: English: Original Caption: A photo contained in a Naval Criminal Investigative Service report obtained by The Washington Post shows a Marine inspecting a roadside scene near Haditha, Iraq, where five unarmed civilians were killed on Nov. 19, 2005. Earlier that day, Marines stopped the white taxi in which the men had been riding, then allegedly shot them after a bomb exploded nearby. The incident was the first on a day of violence in Haditha that left 24 civilians dead, among them women and children, and four Marines charged with murder.
context_page_description: The Haditha massacre was a series of killings on November 19, 2005, in which a group of United States Marines killed 24 unarmed Iraqi civilians. The killings occurred in Haditha, a city in Iraq's western province of Al Anbar. Among the dead were men, women, elderly people and children as young as 1, who were shot multiple times at close range while unarmed. It was alleged that the killings were a response to the attack on a convoy of Marines with an improvised explosive device that killed Lance Corporal Miguel Terrazas.
  An initial Marine Corps communique reported that 15 civilians were killed by the bomb's blast and eight insurgents were subsequently killed when the Marines returned fire against those attacking the convoy. However, other evidence uncovered by the media contradicted the Marines' account. A Time magazine reporter's questions prompted the United States military to open an investigation into the incident. The investigation found evidence that "supports accusations that U.S. Marines deliberately shot civilians", according to an anonymous Pentagon official. Three officers were officially reprimanded for failing to properly initially report and investigate the killings.
context_section_description: Testimony in an Article 32 investigation for Capt. Randy W. Stone, equivalent to a civilian grand jury proceeding, began on May 8, 2007.
  At the hearing, Marine Lt. William Kallop, the platoon commander who ordered Marines to "clear" four houses, testified that the rules of engagement were followed and that no mistakes had been made. He stated that a Marine on the scene had reported seeing a suspected insurgent in the vicinity. Kallop also believed that small arms fire was being directed from the first house attacked by the Marines.
  On May 9, Sergeant Sanick De la Cruz, who received immunity in return for testimony, testified that he watched Staff Sergeant Frank Wuterich shoot five Iraqis who were attempting to surrender. Cruz further testified that both he and Wuterich fired into the bodies of the five after they were dead, and that he had urinated on one of the dead Iraqis.
  No weapons were found in the white taxi.
  The US military attempted to subpoena material from a 60 Minutes interview with Staff Sergeant Wuterich, specifically material where Wuterich admitted to ordering his men to "shoot first and ask questions later." The interview includes Wuterich insisting he perceived a threat from house 1, but saw no gun fire from that house and that he saw no insurgent enter that house. He suggests he saw the dead family in house 1 and proceeded to assault house 2 based on a guess that the gunman may have entered that house. The Marines knocked on the door of house 2 and when someone came to answer they fired through the door killing what they saw to be an unarmed man. They then assaulted the house and killed the family inside. Wuterich later said he believed there was probably no threat to begin with.
  The Article 32 investigation recommended Capt. Randy W. Stone's criminal charge be dismissed, but that he face a new lesser charge that would be handled administratively for failing to investigate the incident properly.
  The charges against Stone were dropped on August 9.
  Lt. Col. Jeffrey Chessani was recommended to face court-martial for having "failed to thoroughly and accurately report and investigate a combat action that clearly needed scrutiny." On June 17, 2008 Military Judge Colonel Steven Folsom dismissed all charges against Lt Colonel Jeffrey Chessani on the grounds that General James Mattis, who approved the filing of charges against Chessani, was improperly influenced by an investigator probing the incident. The ruling was without prejudice, which allows the prosecution to refile.
  Lt. Col. Paul Ware, the Investigating Officer for several of the enlisted Marines, recommended on July 11, 2007, that LCpl. Justin Sharratt be cleared of these charges. Ware stated, "[t]he government version is unsupported by independent evidence... To believe the government version of facts is to disregard clear and convincing evidence to the contrary." The charges against Sharratt were dropped on August 9.
  Article 32 hearings for LCpl. Stephen Tatum began July 16, and for SSgt. Frank Wuterich began in August. The investigating officer recommended charges be dropped against Tatum.
caption: Several victims lying on the ground
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