[QODLink]
Americas
Marine acquitted in Fallujah death
US soldier found not guilty despite earlier admission of killing unarmed Iraqi detainee.
Last Modified: 10 Apr 2009 03:16 GMT
Weemer's acquittal marked the government's second loss in its case against his squad [EPA]

A US marine charged with killing an unarmed detainee during a house-clearing operation in the Iraqi town of Fallujah has been acquitted by a military jury in the state of California.

A jury of eight marines who have all served in Iraq or Afghanistan returned the verdict on Sergeant Ryan Weemer on Thursday.

Weemer, 26, was also acquitted of a charge of dereliction of duty over the November 9, 2004, incident.

The case centred on allegations that a marine unit shot a group of unarmed Iraqi captives.

"I'm ecstatic to get back home to my wife and the life that I had, helping chemically-dependent homeless vets," Weemer told reporters after the verdict.

"I have a lot of pride and honour in the Marine Corps."

RELATED STORIES


Obama seeks $83bn more for US wars
 Iraqi protesters call for US exit
 Marine acquitted in Fallujah death
 'Fallujah never leaves my mind'

The court martial marked the government's second loss in its case against members of the squad.

Captain Nicholas Gannon, the prosecutor at the court martial, called Weemer's defence argument "preposterous", saying that the soldier had made no reference to a struggle in interviews with the Secret Service and Naval Criminal Investigative Service.

In his closing argument on Wednesday Gannon said the captives should have been ordered outside to the street instead of being shot, and that Weemer had failed to follow his training on rules of engagement.

"I can't bring you an autopsy report," he said. "I don't have one, but we have a lot of evidence that shows you beyond a reasonable doubt that the accused shot an individual in the chest twice... The killing was unlawful."

Earlier admission

The case came to light in 2006 when Weemer told a US Secret Service agent during a job interview that he had been involved in an unlawful killing in Iraq.

The admission prompted an investigation that led to charges against three marines - Weemer, Jose Nazario, the squad leader, and Sergeant Jermaine Nelson.

Nazario, who had left the Marine Corps by the time charges were brought, was cleared by a civilian jury last year. Nelson is awaiting a court martial.

During the one-week court martial, the defence argued that the government could not prove Weemer was guilty of murder because there were no bodies, no relatives complaining of a lost loved one and no forensic evidence.

Paul Hackett, the defence lawyer, told the jury of officers that Weemer had been "manipulated" during the interview in which he confessed and that the death occurred during the "fog of war".

"My interpretation was that they appreciated the chaos and kinetics of the environment," Hackett told reporters.

"In real simple terms, they believed Sergeant Weemer was justified in shooting in self-defence."

Source:
Agencies
Topics in this article
People
Country
City
Featured on Al Jazeera
In the frozen peaks of Afghanistan's Kunar province, a ferocious clash for supremacy rages amid the mountaintops.
Indigenous community with "third world conditions" sits 90km from diamond mine, prompting fight for resource royalties.
There is a unique and dangerous commerce system at work in Amazonia, where children risk their lives for a few pennies.
Organisations that influence social, cultural and political issues in the US have been hijacked by the far right.
<  > 
join our mailing list

Enter Zip Code
Go