Former Marine Acquitted For Killing Unarmed Iraqi Detainees In Benchmarking Case

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In a Riverside, California courtroom, jurors acquitted the ex-Marine Jose Nazario on charges of voluntary manslaughter for killing Iraqi detainees, assault with a deadly weapon and discharging a firearm during a crime of violence during a 2004 incident. This was the first trial of a veteran in a civilian trail for charges associated with combat under the Military Extraterritorial Jurisdiction Act.

The decision took less than six hours to reach a decision. Had they found him guilty, he had faced up to ten years in prison.

The prosecution had alleged that Nazario either directly killed or his actions caused others to kill several unarmed detainees in Iraq during Operation Phanton Fury. A news report described the juror's decision over the 2004 battle:

Jurors took less than six hours over two days to find the former sergeant not guilty of charges that he killed or caused others to kill four detainees in Fallujah, Iraq, on Nov. 9, 2004. The detainees were shot during a battle — marked by house-to-house fighting — that was considered one of the fiercest of the Iraq war.
Prosecutors had urged the jury to convict Nazario, saying he violated his duty as a Marine and must be held accountable for his actions in Fallujah.

Yesterday's benchmarking decision elicited cheers and tears from those in the courtroom as well as Nazario and those who sat on the jury. The jurors even shook hands with Nazario and his mom.

The acquittal was reportedly based upon lack of witness testimony and evidence. Nazario's Marine comrades testified that they heard gunshots but did not see anything. Two of his squad leaders, Ryan Weemer and Jermaine Nelson, both of whom are still in the US Marine Corp, refused to testify against Nazario and were held in contempt. Both Weemer and Nelson are currently awaiting military trial in conjunction with the shootings.

The act allows civilian prosecutors to bring to trial ex-military, civilians working for the U.S. overseas and dependents who are accused of committing crimes outside of US boundaries.

Nazario, a former Riverside, California police officer was fired from his job after his arrest. As reported by the Associated Press, the former Marine said that "I just want my life back. I want my life to be how it was before this all started."