Wuterich described as calm, competent
CAMP PENDLETON ---- Staff Sgt. Frank Wuterich was described Wednesday as a respected squad leader who interacted well with Iraqi civilians and seemed to have a good grasp of the Marine Corps' rules of engagement.
Special Report
That testimony came on the third day of Wuterich's hearing, which will decide whether the 27-year-old father of three will face trial in the deaths of 17 civilians killed in the city of Haditha following a Nov. 19, 2005, roadside bombing that claimed the life of one Marine and injured two others.
"He was the least aggressive," said Staff Sgt. Travis Fields, a member of the Kilo Company platoon from Camp Pendleton's 3rd Battalion, 1st Marine Regiment involved in the Haditha killings. "He was the calmest in the squad in interacting with Iraqis."
Wuterich is accused by prosecutors of ignoring the rules of engagement in leading members of his squad in a "house clearing" operation that led to 19 Iraqis being killed, including six children and two women.
Five other Iraqis killed on a day of battles throughout the Anbar province city died when they emerged from a white car that drove up immediately after the bombing.
Fields said killing those men would not have been proper if they had simply exited the car and did not pose any threat.
"If they are running, if you believe there is a threat you can engage," Fields told the Marine officer presiding over the hearing, Lt. Col. Paul J. Ware.
Wuterich has told investigators that those men were running and he interpreted that as a threat, resulting in his decision to shoot.
The assault on the homes began with Marines shooting a man who came to the door of a house and was followed by the shooting of a second man inside a room. The shooting continued as a grenade was thrown inside a room, followed by a member of the squad entering and shooting any person he encountered.
That tactic was not endorsed by Fields, who said some form of positive identification of a person as an enemy combatant was required before shooting.
Asked about a statement Wuterich made to investigators saying he had told his men to "shoot first and ask questions later," Fields said such a command is improper.
"It goes directly against what the rules of engagement say," he said.
The first witness to testify this morning was Capt. Alfonso Capers, Jr., an instructor who teaches Marines about the rules of engagement.
Under sharp questioning from Ware and Wuterich's attorneys, Capers said there was no standard instruction given on how to clear rooms in homes where Marines believe insurgents are hiding. A Marine who took part in the assault on the first home has testified he heard the sound of what he believed was an AK-47 assault rifle being prepared to fire from inside the room where the women and children died.
"If there's a threat in there, your first job to eliminate the threat," Capers said.
Three men besides Wuterich initially faced murder charges in the Haditha incident. One has since had his charges withdrawn in exchange for his testimony, charges were dismissed against second and charges against the third have been recommended for dismissal.
Four officers were charged with dereliction of duty for failing to fully investigate the Haditha deaths. Charges against one of those men have since been dropped.
Wuterich's hearing continues this afternoon and is expected to conclude on Thursday. See tomorrow's North County Times for a full report on today's testimony.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.