The Article 32 hearing is proceeding for the murder probe of U.S. Staff Sft. Frank Wuterich for the murder of Iraqi civilians in November 2005. Wuterich is charged with 18-counts of murder during a “clearing operation” following in IED – improvised explosive device – on a military convoy of the U.S. Marine's Kilo Company in the town of Haditha. 24 Iraqi civilians were killed in what prosecutors say was an example of collateral damage in a violent insurgent campaign. Wuterich admitted to shooting a group of Iraqi's at the onset of the engagement, but claims he was within rules of engagement when he did so.
Sgt. Sanick Dela Cruz testified that Wuterich's account was not as he had experienced the events. Cruz stated that he was present during the initial engagement with the Iraqi men, noting
“They were just standing, looking around, had hands up. Then I saw one of them drop in the middle. I don't know what was going on, sir. Looked to my left, saw Staff Sgt. Wuterich shooting.”
Cruz also stated in May that Wuterich ordered him to lie about the event, telling him to say the Iraqi's had tried to escape. However, defense attorneys for Wuterich have countered that Cruz had varid his account several times during the hearing Cruz was also charged with murder, but was granted immunity to testify against Wuterich.
Lance Cpl. Humberto Mendoza testified yesterday that did not witness Wuterich fire his weapon during the clearing operation, which consisted of house-to-house combat operations. Mendoza acknowledged that he was engaged with Iraqi's during the operation, noting one incident; “I got scared thinking he was trying to get a weapon so I started shooting.” Mendoza, however, has not been charged with any crimes in the Haditha case. Asked by the defense about Mendoza's opinion of his squad leader, Wuterich, Mendoza replied “I think he's a great Marine, sir.”
Murder charges were dropped against Lance Cpl. Justin Sharratt and Capt. Randy Stone in the case earlier this month. Cruz was granted immunity for his testimony, leaving four Marines yet to be prosecuted. Wuterich faces a life sentence if convicted, as well as a dishonorable discharge.
