A military jury acquitted Marine Sgt. Ryan Weemer on Thursday of all charges in the fatal shooting of an Iraqi prisoner during a 2004 battle in Fallouja.
At Camp Pendleton, a jury of eight officers, all of whom had served in Iraq, Afghanistan or both, deliberated for seven hours over two days before announcing its decision.
Weemer was charged with unpremeditated murder and dereliction of duty, which could have brought a life sentence. The court-martial judge had also given the jury the option of finding him guilty of voluntary manslaughter or assault, which would have brought lesser penalties.
Weemer's sister, mother and high school English teacher broke down in tears when the verdict was read. His lead civilian attorney, Paul Hackett, embraced Weemer, whose eyes appeared to glisten with tears. Marines in the courtroom did the "knuckle-bump" as a sign of joy.
Three Marines were charged in the killing of four prisoners; two have now been acquitted. Whether the third case will proceed to court-martial is unclear. "I was justified in what I did over there," Weemer told reporters after the verdict. Hackett said the prisoners were insurgents intent on killing Americans and "got what they deserved."
Weemer, 26, was charged with killing a prisoner on the first day of the U.S. assault on insurgent strongholds, the bloodiest combat the Marine Corps had experienced since the battle for Hue City during the Vietnam War. His squad, like many others, had been ordered to clear houses of insurgents, many of whom were barricaded and heavily armed.
Even before the sweep could begin, Weemer's best friend, Lance Cpl. Juan Segura, was fatally wounded by a sniper. In a 90-minute interview with a Naval Criminal Investigative Service agent in 2006, Weemer told of being covered with Segura's blood when his squad burst into a home and found four "military-age" males and several weapons.
A superior, informed about the prisoners, asked over the radio, "Are they dead yet?" according to Weemer's statement. Weemer said he initially resisted an order from his squad leader, Sgt. Jose Nazario, that he help in killing the four so that the Marines could continue to the next house.
But he said he relented because Nazario was a superior. In his interview with the Naval Criminal Investigative Service agent, Weemer said he shot the insurgent twice in the chest and instantly felt remorseful. No mention was made of self-defense in that interview.
