Investigator Urges Haditha Charges Be Dropped

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

SAN DIEGO — An investigating officer has recommended dismissing murder charges against a Marine accused in the slayings of three Iraqi men in a squad action that killed 24 civilians in Haditha, according to a report released Tuesday.

The government’s theory that Lance Coporal Justin L. Sharratt had executed the three men was “incredible” and relied on contradictory statements by Iraqis, Lieutenant Colonel Paul Ware said in the report, released by Mr. Sharratt’s defense attorneys.

“To believe the government version of facts is to disregard clear and convincing evidence to the contrary, and sets a dangerous precedent that, in my opinion, may encourage others to bear false witness against Marines as a tactic to erode public support of the Marine Corps and mission in Iraq,” Mr. Ware wrote.

Defense attorneys James Culp and Gary Myers said in a statement that he was pleased with the report and that it “reflected the value of the calm of a courtroom and the adversarial process.”

Mr. Sharratt’s mother Theresa said she was overjoyed.

“This is a huge result, that report is a declaration of Justin’s innocence,” she said. “This is very, very good news.”

The recommendation is nonbinding. A final decision about whether Mr. Sharratt should stand trial will be made by the commanding general overseeing the case Lieutenant General James Mattis.

It is the second time an investigating officer has recommended charges not continue to trial in the killings. In the case of Marine lawyer Captain Randy W. Stone, the investigating officer recommended his dereliction of duty charge be dealt with administratively.

Three enlisted men are charged with murder and four officers are accused of failing to investigate the killings. On Nov. 19, 2005, a roadside bomb blast killed one Marine and in the aftermath other members of his squad killed two dozen Iraqis, including women and children in their homes.

Prosecutors at Mr. Sharratt’s preliminary hearing introduced several accounts from Iraqis that said Mr. Sharratt had separated four men from a group of women and children and ordered them into a house. There, in a bedroom, he shot three of them and when he ran out of bullets the squad leader Staff Sergeant Frank Wuterich allegedly shot the fourth.

Mr. Sharratt’s case is the first of the three men who are charged with murder to go to a hearing known as an Article 32 investigation, the military equivalent of a grand jury.


The New York Sun

© 2025 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  create a free account

or
By continuing you agree to our Privacy Policy and Terms of Use