A U.S. military judge recommended on Tuesday that an American Marine who earlier admitted involvement in the killings of 24 unarmed Iraqi civilians in the town of Haditha in 2005 be spared of jail term in line with the plea agreement the accused had reached with the prosecution.
Judge Lt. Col. David Jones of the military court at Camp Pendleton, California, said his decision was forced by Staff Sgt. Frank Wuterich's plea agreement. The judge, however, said he would recommend that the defendant's rank be reduced to private. Tuesday's ruling must be approved by the commander of the Marine Corps Forces Central Command for it to take effect.
Wuterich had earlier pleaded guilty to one charge of negligent dereliction of duty over the 2005 massacre of Iraqi civilians. But the more serious charges of involuntary manslaughter and aggravated assault were dismissed as part of Wuterich's plea deal, which cut short his court martial and ended the final prosecution.
Prosecutors had demanded a maximum sentence of three months' confinement for Wuterich, along with reduction in rank and forfeiture of two-thirds of his pay. But the judge said that he decided against forfeiting the defendant's pay as he was a single parent with sole custody of his three children.
During earlier hearings, witnesses had testified that the Marine unit led by Wuterich had carried out the massacre after one of their colleagues was killed in a roadside bomb attack. Wuterich had earlier admitted to instructing Marines under his command to "shoot first and ask questions later."
Wuterich's unit members had testified earlier they were not fired upon and denied finding any weapons at the scene of the killings. He was one of the eight Marines charged over the killings. While charges against six of them were either dropped or dismissed later, one was acquitted.
In his pre-sentencing statement, Wuterich expressed sorrow over the killings to relatives of the victims and said: "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 November 19, 2005."
However, Wuterich's sentencing on Tuesday stirred an outrage across Iraq, with relatives of the victims expressing shock and despair at the plea deal that spared him of jail term despite his admission of guilt. Most of them consider Wuterich as the mastermind of the 2005 massacre. They expressed disappointment at the U.S. legal system for its failure to provide justice over the killings.
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