Marine Says Rules Were Followed

An image from a video appears to show a morgue where Iraqi civilians were taken after the Nov. 19 shootings.
An image from a video appears to show a morgue where Iraqi civilians were taken after the Nov. 19 shootings. (Hammurabi Human Rights Group Via Associated Press)

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By Josh White
Washington Post Staff Writer
Sunday, June 11, 2006

A sergeant who led a squad of Marines during the incident in Haditha, Iraq, that left as many as 24 civilians dead said his unit did not intentionally target any civilians, followed military rules of engagement and never tried to cover up the shootings, his attorney said.

Staff Sgt. Frank D. Wuterich, 26, told his attorney that several civilians were killed Nov. 19 when his squad went after insurgents who were firing at them from inside a house. The Marine said there was no vengeful massacre, but he described a house-to-house hunt that went tragically awry in the middle of a chaotic battlefield.

"It will forever be his position that everything they did that day was following their rules of engagement and to protect the lives of Marines," said Neal A. Puckett, who represents Wuterich in the ongoing investigations into the incident. "He's really upset that people believe that he and his Marines are even capable of intentionally killing innocent civilians."

Wuterich's detailed version of what happened in the Haditha neighborhood is the first public account from a Marine who was on the ground when the shootings occurred. As the leader of 1st Squad, 3rd Platoon, Kilo Company, 3rd Battalion, 1st Marine Regiment, Wuterich was in the convoy of Humvees that was hit by a roadside bomb. He entered the house from which the Marines believed enemy fire was originating and made the initial radio reports to his company headquarters about what was going on, Puckett said.

The reports that Marines wantonly shot unarmed civilians in Haditha, including women and children, allege one of the most shocking, and potentially damaging, incidents of the Iraq war. A criminal investigation looking into possible charges of murder against half a dozen Marines is underway. A separate probe is examining whether Marines tried to cover up the shootings, and whether commanders were negligent in failing to investigate the deaths.

Three Marine officers have been relieved of command. In the absence of a public response from Marine Corps officials -- who are declining to comment to preserve the integrity of the investigation -- reports of what happened in the western Iraqi town have been leaking out piecemeal from the Haditha neighborhood and in Washington.

Wuterich's version contradicts that of the Iraqis, who described a massacre of men, women and children after a bomb killed a Marine. Haditha residents have said that innocent civilians were executed, that some begged for their lives before being shot and that children were killed indiscriminately.

Wuterich told his attorney in initial interviews over nearly 12 hours last week that the shootings were the unfortunate result of a methodical sweep for enemies in a firefight. Two attorneys for other Marines involved in the incident said Wuterich's account is consistent with those they had heard from their clients.

Kevin B. McDermott, who is representing Capt. Lucas M. McConnell, the Kilo Company commander, said Wuterich and other Marines informed McConnell on the day of the incident that at least 15 civilians were killed by "a mixture of small-arms fire and shrapnel as a result of grenades" after the Marines responded to an attack from a house.

McConnell was relieved of his command in April for "failure to investigate," according to McDermott. But the lawyer said McConnell told him that he reported the high number of civilian deaths to the 3rd Battalion executive officer that afternoon and that within a few days the battalion's intelligence chief gave a PowerPoint presentation to Marine commanders.

"It wasn't a situation that dawned on him as the captain of Kilo where it was like, 'Okay, guys, we need to conduct a more thorough investigation,' " McDermott said. "Everywhere up the chain, they had ample access to this thing."

Gary Myers, a civilian attorney for a Marine who was with Wuterich that day, said the Marines followed standard operating procedures when they "cleared" the houses, using fragmentation grenades and gunshots to respond to an immediate threat.


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