Marine Acted in Self Defense
By Steve Liewer UNION-TRIBUNE STAFF WRITER
July 16, 2007
CAMP PENDLETON – Marine Lance Cpl. Stephen Tatum was following orders and acting in self-defense when he helped kill about 10 people in Haditha, Iraq, almost two years ago, his attorneys said Monday.
“Deadly force was the proper response to a threat to himself and his fellow Marines,” lawyer Jack Zimmerman said during his opening statement in the pretrial hearing for Tatum at Camp Pendleton.
Tatum is one of three Marines from Camp Pendleton's Kilo Company, 3rd Battalion, 1st Marine Regiment accused of murdering 24 civilians in the case. Four officers are charged with failing to properly investigate the killings, which took place Nov. 19, 2005.
Prosecutors said the three murder suspects went on a rampage against civilians after a bomb struck their infantry convoy, killing a fellow Marine. The defendants maintain that those civilians were caught up in legitimate combat between Marines and insurgents.
Tatum is charged with two counts of unpremeditated murder, four counts of negligent homicide and one count of assault. If convicted, he faces life in prison.
The killings involving Tatum took place in two houses near the site of the bomb blast.
Zimmerman said Tatum's squad leader, Staff Sgt. Frank Wuterich, labeled those homes as hostile because he believed insurgents were trying to shoot at Marines from there.
“We would have chaos on the battlefield if every lance corporal questioned every order given by a staff sergeant,” Zimmerman said.
In March 2006, Tatum told investigators that he, Wuterich and other members of the squad stormed into the first home after hearing the metal-on-metal sound of an AK-47 rifle being prepped for firing.
Wuterich and another Marine then shot into a room in that house. Tatum said he joined in and shot at least four people at a distance of about 20 feet. He said he did not positively identify those he shot as insurgents because he considered the entire house to be hostile.
In a second home, Tatum said, he may have shot as many as five people. He determined the dwelling was hostile because Wuterich began firing his weapon.
“Knowing what I know now, I feel badly about killing Iraqi civilians who may have been innocent,” Tatum said. “But I stand fast in my decisions that day, as I reacted to the threats that I perceived at that time.”
Prosecutors contend that Tatum didn't follow his training or the military's rules of engagement when he stormed into the two houses.
Lt. Col. Paul Ware is presiding over the pretrial hearing for Tatum. He will assess the evidence against Tatum and recommend whether the defendant should face trial. The final decision rests with Lt. Gen. James Mattis, commanding general of the 1st Marine Expeditionary Force at Camp Pendleton.
Last week, Ware recommended that another Haditha defendant charged with murder – Lance Cpl. Justin L. Sharratt – not face court-martial.
Ware questioned the credibility of Iraqi witnesses. He also said the government's evidence was insufficient and cited problems with the credibility and interviewing techniques of military investigators.<
Reader comments: By Snapper on 07/16/2007 I'd give him a medal! |