Ex-Marine pleads not guilty in Iraqis’ deaths

A former Marine sergeant, who until last week was serving as a Riverside police officer, pleaded not guilty Thursday to voluntary manslaughter charges in the killing of unarmed prisoners in Iraq in 2004.

Jose Luis Nazario Jr., 27, who appeared Thursday in a U.S. District Court in Riverside, is accused of killing two unarmed men in Fallouja on Nov. 9, 2004, during a battle to clear the city of insurgents.

Flanked by his lawyers, Nazario, in a stiff black suit, appeared somber as he spoke briefly to reporters outside the federal courthouse.

“I’d just like to say that I’m a United States Marine who fought honorably for my country and I’m innocent of these charges,” Nazario said.

The criminal complaint against him states, “Defendant Jose Luis Nazario Jr., in the heat of passion caused by adequate provocation, unlawfully and intentionally killed two unarmed male human beings, without malice.”

One of Nazario’s attorneys, Kevin McDermott, said he suspected the charges were a strong-arm tactic by the government to get Nazario to talk to military investigators.

“They’re looking to intimidate this kid into somehow cooperating with their investigation,” he said. “There’s no bodies, no forensic evidence, and no names of any decedents. This is strictly some guy and somebody else saying ‘Hey, we think this guy did this.’ ”

The Naval Criminal Investigative Service is looking into allegations against other members of Nazario’s squad, who are still in the Marine Corps. Nazario’s case was referred to the U.S. attorney’s office in Los Angeles because he has left the military.

The investigation involves the Kilo Company, 3rd Battalion, 1st Regiment, 1st Marine Division, the same company at the center of what is considered the worst alleged atrocity in Iraq: the killing of 24 civilians in Haditha on Nov. 19, 2005.

Military investigators first became aware of the Fallouja incident when a former member of the squad, Cpl. Ryan Weemer, spoke of the killings during a polygraph examination he took when applying to join the Secret Service. His answer came in response to a routine question -- whether he had been involved in an unjustified killing.

Rear Adm. Mark Fox of the Naval Criminal Investigative Service said he interviewed three Marines -- two of whom were colleagues of Nazario in the 3rd Squad, 3rd Platoon, Kilo Company -- who substantiated the allegations, according to an affidavit he filed in federal court.

According to Fox’s affidavit, Nazario’s squad was engaged in heavy fighting in Fallouja, with orders to move toward the city center and clear insurgents as the troops advanced.

Early on the morning of Nov. 9, 2004, a member of the squad was killed in hostile fire. Later, the squad came under fire from a nearby house and searched it, finding as many as five men as well as assault rifles and ammunition there.

Nazario, the squad leader, then placed a radio call to an unidentified Marine official stating they had detained the men and found weapons and ammunition.

During the radio conversation, according to the affidavit, Nazario said he was asked, “Are they dead yet?” -- to which he responded, “Negative.” Nazario said he was then told to “make it happen.”

He then allegedly grabbed one of the men, took him into the next room and shot him. Afterward, Nazario emerged and said, “Who else wants to kill these guys, because I don’t want to do it all myself,” according to one Marine squad member interviewed by Fox.

Nazario ordered other squad members to kill the remaining detainees and shot a second detainee himself, the affidavit alleges.

Steven Frasher, a spokesman for the Riverside Police Department, confirmed that Nazario’s employment was terminated Aug. 7 but declined to comment further because it was a personnel matter. Nazario had been with the department since November 2005, Frasher said.

Federal Magistrate Judge Oswald Parada set Nazario’s bail at $50,000. A preliminary hearing was set for Sept. 5. Nazario faces a maximum penalty of 10 years if found guilty of one count of voluntary manslaughter, said Assistant U.S. Atty. Jerry Behnke.

Nazario enlisted in the Marines when he was 17 and served two four-year tours. He is married and has a son, 1-year-old Gabriel Marquee.

“He’s frustrated,” defense attorney McDermott said. “This is a kid who wanted to make Riverside County his home and it’s going to be a lot more difficult for him now.”

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sara.lin@latimes.com

Times staff writer Joe Mozingo contributed to this report.