Jury ponders case of Marine accused of Iraq murder

Military jurors began deliberating Wednesday whether a Marine sergeant should be convicted of murdering an unarmed detainee during a battle in Iraq.

The jury got the case after closing arguments in which a defense attorney insisted that Sgt. Ryan Weemer acted in self-defense.

Weemer is charged with unpremeditated murder and dereliction of duty in the November 2004 death in Fallujah. He could face a dishonorable discharge and life in prison if convicted by a panel of eight Marines, all of whom served in Iraq or Afghanistan.

The prosecutor, Capt. Nicholas Gannon, recounted that Weemer stated 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.

Jurors adjourned Wednesday night after more than four hours of deliberations. They were to reconvene Thursday.

During the one-week court-martial, the defense argued that the government cannot prove the Marine from Hindsboro, Ill., 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.”