2 Marines face trials in killings of Haditha civilians

A Marine lieutenant colonel and a lance corporal have been ordered to stand trial on charges stemming from the 2005 killing of 24 civilians in Haditha, Iraq, the Marine Corps announced Friday.

Of eight initial defendants in the case, they are the only two who have been ordered to court-martial. The case involves the largest number of civilian deaths of any alleged abuse case involving Marines in Iraq.

Lt. Col. Jeffrey Chessani, a former battalion commander, will face a court-martial on charges of dereliction of duty and failing to obey a direct order in not ordering a full-scale investigation into whether the killings constituted a war crime.

Lance Cpl. Stephen B. Tatum will face charges of involuntary manslaughter, reckless endangerment and aggravated assault.

Lt. Gen. James N. Mattis, who made the court-martial decisions, followed the recommendation of a hearing officer and dismissed charges of murder against Tatum.

Three other enlisted Marines were initially accused of murder in the case, but charges were dropped against two and remain pending against another. Of three other officers initially charged with dereliction of duty, charges have been dropped against two and remain pending against a third.

Chessani, 42, of Colorado, was commander of the 3rd Battalion, 1st Marine Regiment. Tatum, 26, of Oklahoma was a veteran of the bloody fighting in Fallouja in late 2004.

Mattis, who will leave Camp Pendleton soon to assume another command, has yet to announce his decision about Staff Sgt. Frank D. Wuterich, who was the squad leader and initially charged with 12 counts of unpremeditated murder. A hearing officer has recommended that Wuterich face a lesser number of negligent homicide charges, but Mattis is not bound by the recommendation.

In fact, in sending Tatum to court-martial, Mattis rejected a recommendation by Lt. Col. Paul Ware, the hearing officer, to dismiss the entire case against him.

During his preliminary hearing, Tatum made a tearful statement of regret for the deaths of Iraqi civilians, but said he was firing only at “shapes” in a dimly lighted room and was unaware that there were women and children in the line of fire.

Tatum’s attorneys issued a statement saying that sending the case to trial “imperils every young Marine and soldier who faces a split-second decision in combat.”

The Haditha incident began when a roadside bomb exploded beneath a Marine convoy, killing one Marine and injuring two. When a car came upon the scene, five young men were ordered out and fatally shot under circumstances that remain disputed.

Marines then killed 19 other Iraqis -- including three women and seven children -- while searching houses for insurgents. No insurgents were found.

After a cursory review, Marine officers, including a two-star general, concluded that the civilian killings, though tragic, had been the result of a battle between Marines and insurgents.

But months later, Time magazine quoted Iraqis as disputing the Marines’ version and suggesting that the Marines had gone on a vengeful rampage. The military launched investigations.

In December, four enlisted Marines were charged with murder, and four officers with dereliction of duty for not conducting a more thorough investigation to see whether the killings amounted to war crimes.

Of the four enlisted Marines, Sgt. Sanick P. Dela Cruz had charges dropped. After a preliminary hearing, Mattis dropped charges against Lance Cpl. Justin L. Sharratt.

Mattis also dismissed dereliction of duty charges against Capt. Lucas McConnell, the company commander; and Capt. Randy Stone, a Marine lawyer.

Charges are pending against Lt. Andrew A. Grayson, who is accused of telling an enlisted Marine to destroy pictures of the dead Iraqis before the pictures fell into investigators’ hands.

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tony.perry@latimes.com