Marine Cleared in Fallujah Killing

John Murtha was unavailable for comment.

A military jury on Thursday acquitted a Marine sergeant on charges of murdering an unarmed detainee during battle in Fallujah, Iraq.

The jury also acquitted Sgt. Ryan Weemer of dereliction of duty in the November 2004 death.

Weemer hugged and thanked his attorney after the verdict, and his wife, sister and high school English teacher wept from front-row seats.

The panel of eight Marines who served in Iraq or Afghanistan got the case Wednesday and deliberated more than four hours.

Weemer, of Hindsboro, Ill., could have faced a maximum sentence of life in prison and dishonorable discharge if convicted of murder. The maximum sentence for dereliction is six months in prison and a bad conduct discharge.

In closing arguments Wednesday, a defense attorney said the 26-year-old Weemer acted in self-defense.

The prosecutor, Capt. Nicholas Gannon, recounted that Weemer said in recorded interviews that he shot the man and told a squadmate that he would have to live with that for the rest of his life.

Weemer also said in interviews that he and other Marines shot a total of four men in a house after their squad suffered its first fatality.

"I can't bring you an autopsy report," Gannon said. "I don't have one, but we have a lot of evidence that shows you beyond a reasonable doubt that the accused shot an individual in the chest twice.... The killing was unlawful."

The prosecutor told jurors they should convict Weemer of lesser charges of voluntary manslaughter or assault if they acquit him of murder.

During the one-week court-martial, the defense argued that the government could not prove Weemer killed the unarmed captive because there are no bodies, no relatives complaining of a lost loved one and no forensic evidence.

Weemer's civilian attorney, Paul Hackett, said in his closing argument that Weemer fired while he and other Marines were trying to seize a house from insurgents. He recounted testimony and statements of Weemer's squadmates that portrayed a confusing scene.

"This was chaos!" he said. "(The detainees) were not cooperating. If they're not cooperating, they're not under control. If they're not under control, they pose a threat to these Marines."