MILITARY: Self-defense asserted in Fallujah killing

By MARK WALKER - Staff Writer

CAMP PENDLETON ---- A Marine charged with slaying an unarmed prisoner during the opening hours of a brutal fight in 2004 for the Iraqi city of Fallujah killed the man in self-defense, his attorney said Tuesday.

The attorney, Paul Hackett, said then-Cpl. Ryan Weemer was attempting to gain control of a situation that his sergeant had let deteriorate and killed the suspected insurgent when the man tried to grab his client's gun.

"This is a tragic story that represents the reality of war," Hackett said during his opening statement to the eight combat-experienced Marine officers who make up the jury.

But prosecutor Capt. Nick Gannon said Weemer was one of three men from Camp Pendleton's 3rd Battalion, 1st Marine Regiment squad who executed four prisoners who posed no threat.

"This is a case about following the rules and doing the right thing at the most important time," Gannon said during his opening statement.

Weemer, 26, is charged with unpremeditated murder and four counts of dereliction of duty for allegedly failing to adhere to the military's rules for handling prisoners. He has pleaded not guilty.

Hackett used much of his opening statement to place the blame on former Marine Sgt. Jose L. Nazario Jr., who headed the squad that included Weemer, Sgt. Jermaine Nelson and several other Marines.

"Nazario lost control of the situation and conveyed an unlawful order in ordering Marines to shoot insurgents," Hackett told a hushed courtroom as Weemer sat ramrod-straight, listening to his attorney's presentation.

The case emerged when Weemer, who had left the Marine Corps, told a Secret Service agent during an October 2006 job interview that he had shot a detainee.

In a taped recording of that interview, Weemer tells the agent that he and Nazario debated what to do after reporting they had captured the suspected insurgents inside a home. The debate stemmed from what Weemer and others have said was a directive by an unnamed superior in a radio call to "take care of it" and who a short time later asked, "Are they dead yet?"

That led to Nazario's decision to shoot two prisoners and to order his men to kill two others in violation of the rules of engagement, authorities allege.

"It's not something you want to do, it just happened," Weemer told the Secret Service agent.

The agent reported what Weemer said to the Naval Criminal Investigative Service, which interviewed Weemer on Nov. 9, 2006, precisely two years after the incident.

During the November interview, Weemer said he was frustrated that morning in Fallujah because his best friend had been shot and killed a few hours before the squad captured the insurgents.

"I remember being in a frantic state," he told the Naval Criminal Investigative Service agent, adding he disagreed with Nazario's order to shoot the prisoners.

"I didn't want to do that," he told the agent.

Hackett said Weemer's decision to take a prisoner into a separate room was an effort to regain control of the situation.

Weemer told investigators the story of what happened inside the house "because he is an honest guy and he does feel guilty," Hackett said. But Hackett stressed the man Weemer shot had "lunged" for his gun, resulting in the man being shot in the chest.

Other Marines will testify the three other insurgents were shot in the head, something more consistent with the prosecution's theory that those men were executed, Hackett said.

Nazario, who is expected to appear as a government witness Thursday, was tried as a civilian last year with killing two of the insurgents. The jury that heard his case in federal court in Riverside acquitted him, saying it did not believe it was equipped to second-guess battlefield decisions.

The company commander at Fallujah, Maj. Tim Jent, one of two government witnesses to testify Tuesday, said he considered Weemer to be an outstanding Marine.

"He carried his load and much more," Jent said. "Marines were able to depend upon him, and through his leadership he was able to save fellow Marines."

Unlike Weemer, Nazario was not subject to recall into the service to face charges in military court. The third accused man in the case, Sgt. Jermaine Nelson, faces trial later this year on the same charges as Weemer.

A few days after the Nov. 9, 2004, incident, Weemer was shot three times in the legs as his squad continued to fight to rid Fallujah of insurgents in what was the largest urban combat for U.S. troops since the Vietnam War. Weemer, who was awarded a Purple Heart, was later promoted to sergeant.

The prosecution is relying on Weemer's statements and those from other troops there that day. Investigators found no bodies and have not been able to name any of the men Weemer says were shot.

Investigators also failed to find any forensic evidence, including shell casings, spent bullets or blood, during two examinations of the home.

To convict Weemer, who joined the Marine Corps in 2001 shortly after graduating from high school in Oakand, Ill., two-thirds of the jury must agree.

The trial continues at 8 a.m. Wednesday morning and is expected to last for several more days.

Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.

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