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Marines accused of murder

Coloradan among 8 prosecuted in killing of 24 Iraqi civilians

Dick Foster, Rocky Mountain News

Published December 22, 2006 at midnight

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A Colorado Marine officer was among eight Marines charged Thursday in connection with the killings of 24 civilians in the western Iraqi town of Haditha on Nov. 19, 2005.

Lt. Col. Jeffrey R. Chessani, 42, of Rangely, was charged with two counts of dereliction of duty and one count of violating a lawful order in connection with the killings.

Chessani, a 1988 graduate of the University of Northern Colorado and commander of the 3rd Battalion, 1st Marine Regiment, is a career officer who now could face dismissal from the Marine Corps and up to two years' imprisonment.

Multiple counts of murder and negligent homicide were filed against four enlisted Marines, who could face maximum penalties of life imprisonment and dishonorable discharges.

The charges announced Thursday at Camp Pendleton, Calif., followed nine months of multiple investigations by both the Marines and the Navy.

The most serious charges were filed against Staff Sgt. Frank D. Wuterich, the leader of the squad that allegedly swept from house to house through the western Iraqi town killing men, women and children after a roadside bomb killed one of the squad's members and wounded two others.

Wuterich was charged with 12 counts of murdering individual Iraqis and an additional charge of the murder of six others by telling his Marines to "shoot first and ask questions later," according to documents released Thursday to The Associated Press by Wuterich's attorney Neal Puckett.

Wuterich, of Meriden, Conn., also was charged with making a false statement to investigators regarding the killings, and soliciting another member of the squad, Sgt. Sanick P. Dela Cruz, to lie to investigators.

Puckett told The Associated Press that his client is not guilty and acted lawfully.

Chessani was not with the squad that was on patrol in Haditha when the killings occurred, but was charged with violating a lawful order by failing to report or thoroughly investigate a possible "violation of the law of war by Marines under his command."

Charges state that he failed to ensure that a possible violation of the law of war was reported to higher headquarters, and that he "willfully failed to direct a thorough investigation."

Chessani has not commented publicly on the charges since they surfaced earlier this year.

But in a sworn statement to military officials acquired by The Washington Post earlier this year, Chessani said, "I thought it was very sad, very unfortunate, but at the time I did not suspect any wrongdoing from my Marines.

"I did not have any reason to believe that this was anything but combat action."

Chessani's brother and sister, as well as several acquaintances in Rangely and other parts of Colorado, did not return calls Thursday from the Rocky Mountain News.

In the aftermath of the roadside bomb that killed Humvee driver Lance Cpl. Miguel Terrazas of El Paso, Texas, five Iraqi men were shot as they approached the Marines in a taxi and others - including women and children - died as Marines went house to house in the area, clearing homes with grenades and gunfire.

The Marines considered themselves in an ambush and defense attorneys have said their clients were doing what they had been trained to do: responding to a perceived threat with legitimate force. The Marines remained in combat for months after the killings.

Suspects and charges stemming from Haditha

• Sgt. Frank Wuterich, 26, squad leader at, is accused of murdering 12 civilians and ordering the murders of six more.

• Sgt. Sanick P. Dela Cruz, 24, unpremeditated murders of five people and making a false statement.

• Lance Cpl. Justin Sharratt, 22, of Carbondale, Pa., unpremeditated murder of three Iraqis.

• Lance Cpl. Stephen Tatum, 25, of Edmund, Okla., unpremeditated murder of two Iraqis, negligent homicide of four Iraqis and assault.

• Lt. Col. Jeffrey Chessani, 42, accused of failing to obey an order or regulation, encompassing dereliction of duty.

• 1st Lt. Andrew Grayson, 25, failures in investigating and reporting the deaths.

• Capt. Lucas McConnell, 31, failures in investigating and reporting the deaths.

• Capt. Randy Stone, 34, a military attorney, failures in investigating and reporting the deaths.