Was the Sentencing of Sgt. Frank Wuterich Just?
Iraqi civilians and many commenters have expressed outrage over the plea deal that has allowed American Marine Staff Stg. Frank Wuterich to walk away from his role in one of the worst attacks on civilians in bloody Iraq war with no jail time.
On Tuesday, a U.S. military judge demoted Sgt. Wuterich to the rank of private - a ruling that also came with a pay cut. The lax sentencing came following a plea deal offered to the Marine by prosecutors on Monday.
Under the terms of the bargain, Wuterich plead guilty to the misdemeanor negligent dereliction of duty, a crime punishable by a maximum of 90 days in prison, a reduction or forfeiture of pay, and a rank demotion.
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On Tuesday, the 26-year-old father of three was handed the most lenient sentence by Lt. Col. David Jones, enabling him to walk away from his role in the 2005 Haditha massacre with no time behind bars.
The Haditha killings occurred on November 19, 2005 and left 24 unarmed Iraqi men, women, and children dead.
The incident occurred after fellow Marine, Lance Corporal Miguel Terrazas, was killed by the detonation of a roadside bomb. In the aftermath of the incident Wuterich ordered his squad to clear houses in the area, admitting to the court that he ordered the squad to "shoot first, ask questions later."
"When I told my team to shoot first and ask questions later, the intent wasn't that they shoot civilians, it was that they would not hesitate in the face of the enemy," Wuterich told the court on Tuesday.
Wuterich, along with seven other Marines, initially faced charges of voluntary manslaughter. Charges were eventually dropped for six of the Marines, and the last was acquitted.
Iraqis have expressed outrage over the sentencing.
Head of the Haditha local council, Khalid Salman, expressed his grief at the decision and proclaimed that the trial indicates that American judicial system is "unjust."
"We have been following this case since 2006 and we were hoping that those soldiers, who killed 24 innocent people, will receive fair punishment," Salman told CNN.
"This is not the end, and we will continue pursuing those soldiers legally through the international courts," the head of the Haditha local council added.
One Iraqi expert who spoke to The Christian Post on the condition of anonymity regarded the ruling as unjust and argued that the deaths were a "tragedy" and "not right under any paradigm."
"I am saddened that innocent people are killed, I'm shocked that it would be at the hands of somebody who bares the name of our country," former Pastor Steve Brown of Key Life Network told The Christian Post.
"I think there needs to be justice, but there needs to be great understanding and great mercy as well," he added.
Neal Puckett, lead defense attorney for the Marine, told the North County Times that his client was remorseful over the deaths.
"No one denies that the events… were tragic, most of all Frank Wuterich," Puckett said, "But the fact of the matter is that he has now been totally exonerated of the homicide charges brought against him by the government and the media."
Others have supported the decision, arguing that Sgt. Wuterich was being used as a scape goat for the killings.
"If it's a gray area, fog-of-war, you can't put yourself in a Marine's situation where he's legitimately trying to do the best he can," Brian Rooney, an attorney who represented a former defendant told the Huffington Post.
Wuterich has expressed his grief over the events, but maintains his belief that nobody in his squad acted dishonorably.
"I will bear the memory of the events of that day forever, and will always mourn the unfortunate deaths of the innocent Iraqis who were killed during our response to the attack," Wuterich has said regarding the incident.
It remains unclear what type of political or diplomatic damage the sentencing of Wuterich may cause, but an Iraqi government spokesperson announced on Thursday that Iraq would be taking legal action to ensure justice for the families of the victims of the massacre.
