Accused Marine Veteran Speaks
This is bullshit…fukn bullshit…they need to drop this case NOW. Anybody that was in Fallujah when the Marines went in were either terrorists, or terrorist sympathizers because that city had been given lots of warning and tens of thousands of people left before we even went in.
If you were in Fallujah when the Marines kicked ass there, you were a fucking terrorist that needed to be killed, period.
Hang in there, Nazario.
OCEANSIDE, Calif. — When Jose L. Nazario Jr. enlisted in the Marine Corps a decade ago at age 17, he wanted to join the elite warriors he revered as “the honorable ones.”
“I wanted to be a fighter. I didn’t want to be a pencil pusher,” said Nazario, who ultimately became an infantry squad leader. “I wanted to be one of the heroes you see in the movies.”
In 2005, after fighting in Iraq and spending eight years in the Corps, Nazario joined the police department in Riverside, Calif., a growing city east of Los Angeles, where he and his wife settled with their new baby.
But today, from his parents’ house in upstate New York, his future, his finances and his freedom are in doubt.
Nazario, 28, was ending his police shift Aug. 7, 2007, when he was called into his supervisor’s office for bad news: He was facing federal felony charges of voluntary manslaughter for his part in shooting several men to death. Nazario and his infantry squad allegedly encountered the men inside a house during combat operations in Iraq.
Nazario spoke to Marine Corps Times on the condition from defense attorneys that he wouldn’t discuss specifics about the case and incident in question.
Government prosecutors, prompted by a Naval Criminal Investigative Service probe, contend the male victims were detainees, not combatants, when the Marines shot them.
The allegations stemmed from the squad’s actions Nov. 9, 2004, during the pivotal Battle of Fallujah that crushed a stubborn, dangerous insurgency that threatened one of Anbar province’s heavily populated cities.
Then-Sgt. Nazario was a squad leader in Kilo Company with the Camp Pendleton, Calif.-based 3rd Battalion, 1st Marines, which was engaged in intense fighting in the city’s densely built Jolan district.
More than 1,200 suspected insurgents were killed and 1,000 others detained in the battle’s first 10 days, the Defense Department reported at the time. Dozens of Marines and other service members since have been heralded for bravery and heroics during the intense house-to-house combat, which Marines and historians have described as the fiercest urban fighting since 1968 during the Battle of Khe Sanh in Vietnam.
Nazario, still in his probationary year on the police force when he got the news, was stunned. He thought it was a joke. He couldn’t believe what he heard about the incident, nearly three years old.
“I was like, ‘Which people are you talking about?’” he recalled, speaking by telephone from New York. “It was obvious all of it was hearsay.”
His life that day took a 180-degree turn.
“They said I couldn’t work there anymore, and they fired me,” he said of the police department. They told him to hand over his badge and his weapon, and “they cuffed me in front of my peers, my captain.
“They just threw me out. A wife and kid, expenses. They didn’t care,” he said. “They just threw me out. They didn’t ask for an explanation.”
Because Nazario had completed his military obligation on Oct. 11, 2005, and had no pending Reserve commitment, the Corps had no legal avenue to charge him under the Uniform Code of Military Justice. Instead, NCIS contacted the U.S. Attorney’s Office, which filed federal charges under a little-known law, the Military Extraterritorial Jurisdiction Act. A federal grand jury indicted him on two counts of voluntary manslaughter.
MEJA, which Congress approved and which took effect in 2000, extends military jurisdiction to members of the armed forces who “engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States.”
The government decided the law applied to Nazario’s situation.
“The killings in this case were unlawful because they violated clearly established law of war,” U.S. Attorney Thomas P. O’Brien and assistant U.S. attorneys Sheri Pym, Jerry Behnke and Charles J. Kovats wrote in a brief to the court, citing the handling and killing of detainees. Since Nazario “was not acting ‘in conformity with [the president’s] orders’ the political question doctrine is inapplicable.”
Nazario’s defense attorneys asked U.S. District Court Judge Stephen Larson in Riverside to dismiss the case on grounds that included a lack of jurisdiction and inapplicability of MEJA to combat actions. The government objected, arguing the alleged actions against “detainees [who] were unarmed” represent “a defined criminal violation.”
On April 28, the judge rejected the defense’s motion and ordered the case to trial beginning July 8.
“The express language of this statute provides federal courts with jurisdiction to hear criminal cases where, as here, the alleged crime was committed prior to discharge from the Armed Services,” Larson wrote in his ruling.
Nazario’s defense attorneys contend that MEJA doesn’t address or apply to conduct during any combat action. Such prosecutions, they warn, would subject any service member to investigation and prosecution many years after alleged combat-zone crimes. Kevin B. McDermott said a comment made by a combat veteran self-medicating himself with alcohol at a bar “15 to 20 years from now … ends up in federal court.”
“There is no end to this war for any veterans,” said McDermott, a Tustin, Calif., attorney representing Nazario. “You are on the hook forever.”
Nazario isn’t the sole member of his squad facing charges in the alleged incident.
The Corps has charged Sgts. Jermaine Nelson and Ryan Weemer separately with murder and dereliction of duty charges in connection with the alleged shootings, and those cases are expected to go to general courts-martial. It was Weemer’s admission during a polygraph examination that originally prompted an NCIS agent to look into the allegations.
Nazario and his defense attorneys dispute the charges. In court briefs seeking the dismissal, they noted the squad, while clearing buildings of insurgent fighters, had taken fire from a house and encountered the men during a search of the house where “the Marines found AK47 rifles, ammunition and four military-age males.”
“The government, however, chooses to gloss over these allegations in its response because it recognizes that any inquiry into Sgt. Nazario’s conduct on November 9, 2004, will necessarily implicate military decision-making and combat orders.”
Amid the charges and legal wrangling, Nazario has lost 30 pounds and battles depression as he tries to keep his head high. His unemployment benefits have run out. His defense attorneys are working pro bono, and a defense fund is helping raise money to offset some of the legal expenses. His wife, Diette, returned to work while he cares for their son, Gabriel, 2.
“I’m a former sergeant of Marines, and I can’t even provide the basic necessities for my family,” he said. “It’s depressing.”
Nazario has sent out numerous resumes and job applications, but no one will hire him. Most job forms ask whether any legal actions are pending against him.
“Of course, I’ve got to say ‘yes,’” he said. “After that, it’s pretty much ‘OK, we’ll call you back.’ And they don’t call back.”
From an article by Gidget Fuentes, Marine Corps Times.
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Mother Fucker. Who are the pencil pushing cocksuckers who are in the NCIS? U.S. Attorney Thomas P. O’Brien and assistant U.S. attorneys Sheri Pym, Jerry Behnke and Charles J. Kovats are fucking shit eating, un-American scum.
Cocksuckers, crush skulls.
May 12th, 2008 at 7:35 amDoes this mean WW2 vets could be prosecuted for killing the enemy at Normandy because we had no facilities available for POW’s at that time ?
May 12th, 2008 at 7:37 am[[Does this mean WW2 vets could be prosecuted for killing the enemy at Normandy because we had no facilities available for POW’s at that time ?]]
No because those killed at normandy were only europeans, no one there was an islamo-fascist and thus a protected special class with special rights.
May 12th, 2008 at 7:40 amFuck this shit. Everyone in that city had a price on their head. If you were there after weeks of Americans blasting warnings about how anyone still there by invasion would be considered hostile, then you are considered a combatant. Why the fuck would they bring this up? We’re having a hard enough time with the Libs talking about howe we’re a bunch of fascist baby killers without some fucking attorney bringing up a bullshit charge.
May 12th, 2008 at 7:41 amHTF do you get charged with murder in a war? Fuck NCIS, CID, and all the faggot news agencies that exploit our troops who are the ones fighting not sitting behind a desk. They have no purpose in a combat zone and shouldnt be allowed outa the base. Funny how a dead insurgent becomes a civilian once his ak47 is taken out of his hands by another haji.
May 12th, 2008 at 7:50 amI’d love to see one of he Marines involved in this bring libel and slander suits against that rat bastard Murtha.
Marines don’t lie, cheat or steal and apparently the word of the previously exonerated Marines isn’t enough then you know the lawyers are just dragging this out as long as they can because they don’t want all the effort to go to waste and leave a bad mark on their conviction record.
I want to see the decision makers who pushed this nonsense punished and fined for lost wages and damages. This garbage is WHY the enemy thinks Americans are weak, there is no reliable evidence against this Marine and still some careerist insists on ruining his life.
Hey jackass guess what it means when you find someone in a house and a warm AK in the house less than a minute after you were being shot at? Could they be a non-uniformed enemy combatant? At BEST they’re aiding the enemy at worst they’re the ones who were shooting at you. Either way they’re the ENEMY!
May 12th, 2008 at 8:01 amStand by all, Chandler’s Watch is getting into this fight!!
Semper Fi all but those involved in charging this Devil Dog!!
May 12th, 2008 at 8:24 amIs there any way we can help out this Jarhead?
May 12th, 2008 at 8:25 amWhat is really sad is when this Marine is found innocent it won’t matter, he is fucked for life. So instead of fixing the problem all the government has done is fix the blame. Good job congress you fucking worthless pieces of shit.
May 12th, 2008 at 8:32 amThis is legalism gone wild. I can’t believe this is happening in the US of A. He needs a legal defense fund immediately, he needs to hire a better lawyer/law firm.
May 12th, 2008 at 8:39 amNCIS and CID bite. I had a buddy who was NCIS and he told me they are the most incompitent group of tards this side of John Murtha.
You send a soldier or Marine to war to kill the enemy. Once you make that decision, you don’t tie their hands behind their backs and say “go get em tiger”. You leave them alone to do their job.
F*cking lawyers got nothing better to do with their time but to drink lattes and make shit up.
We ought to pack these cocksuckers up and drop them over Islamistan somewhere and get rid of their useless asses.
May 12th, 2008 at 8:52 amWTF?…This is a godamned injustice. Who is the Congressional Rep for this guy?…Call Chuckie Schumer too, Billary’s to busy flying around on her broom…Lawyers - f’ing leeches
May 12th, 2008 at 9:44 amI too want to know who it is we can contact to voice our anger.
May 12th, 2008 at 10:06 amHow the fuck do they expect us to fight a war if they do shit like this?
I also second who to contact. The only location they refer to is upstate New York.
May 12th, 2008 at 10:22 amAny address for the defense fund?
May 12th, 2008 at 10:51 amwww.marinedefensefund.com
Why should we even need it?
May 12th, 2008 at 11:00 amJust damn…this is… aw fuck. You’ve all said it. This will only get “press” until he is found innocent or the case is dismissed and that will never, ever get reported.
May 12th, 2008 at 11:27 amWhat a bunch of shit.
May 12th, 2008 at 11:27 amI swear we Americans are on the road to extinction.
When those that serve and protect you, you make your enemy by second guessing life and death decidions on a battlefield, I am disgusted and I feel sorry for my son who is there in Iraq and when he told me his job, boy am I afraid everyday is all I can say. The thought that he may have to someday contend with some pompus ass makes my blood boil.
oh for crying out loud
May 12th, 2008 at 12:25 pm…”Nazario’s lead attorney, Kevin McDermott of Orange County, has said his client does not acknowledge such an incident ever occurred. ”
http://www.freerepublic.com/focus/f-news/1936784/posts
go here for cty gov’t:
http://www.co.orange.ny.us/orgMain.asp?orgid=1&custom=contact&sid=
congressman - http://johnhall.house.gov/
May 12th, 2008 at 12:31 pmAh, those brave, brave NCIS/CID/JAG guys. Most would shit their pants if they were ever shot at.
May 12th, 2008 at 1:45 pmRob Reiner will have a field day with this, make another liberal Marine Corps bashing movie and call it “A Few Good Men II.”
May 12th, 2008 at 1:56 pmThis has got to stop! I will forward this all over and we have got to do like Chris Hill of The Gathering of Eagles has said,We have got to start taking our country back!
I am livid and my heart aches for this Marine. Tell me what you want me to do Howie. It is time to let the dogs out!!! We’ve got to help this Marine.
Beverly Perlson
May 12th, 2008 at 2:40 pmThe Band of Mothers
some people with the means and contacts should start crawling up these attorney’s asses. im sure after a few years in the “bureaucracy” they’ve some “bones” in their closets that should be dragged out and displayed. their lives need to be made more uncomfortable and much more difficult. so that the next batch of ass-sucking attorneys that would advance their careers at the expense of U.S. servicemen would be just a bit more afraid. every bit of dirt and suspicious dealings any of them have had should be aired. every rumor. god im sick of these arrogant self-serving bastards. drag them thru the mud, tar and feather them and run them out of town.
May 12th, 2008 at 5:35 pmThanks for the link to the defense fund … Time to ante up
May 12th, 2008 at 5:56 pmI’ve anted, I hope everyone does, please forward this everywhere.
See Steve m’s post up above. Let’s email, email, email! We’ve got to be there for Nazario, he put his life on the line for us. We cannot let this happent to him.
May 12th, 2008 at 6:28 pm“All that is required for evil to prevail is for good men to do nothing.”
http://www.lancastereaglegazette.com/apps/pbcs.dll/article?AID=/20080511/NEWS01/805110310
I just returned from Ohio after burying my sons best friend, LCP James Kimple this past Saturday. He was one of four Marines that were killed in Anbar Province on 5/2/2008.
This is outrageous!! What has this country come to….Its one thing to explain to my son and “adopted sons” to ignore the mass media’s inacurate reporting of the war, because the anti-war zealots of the 1960’s are and have been in charge of the media, but God help us when these cowards are now in power at the Justice Department.
My son and his fellow Marines lost Sgt. Glen Martinez,their leader (who was on his second tour)and the younger Marines respected him not because of rank, but because he was the epitomy of a Marine SGT that wanted to be with his troops had the prior experience to pass on to them. Sgt. Martinez graduated college with two degrees and could have easily been an officer. My son asked him why he was enlisted instead of officer, and he replied that he wanted to “work his way up” My son then responded O.K. then why did you just reinlist as an NCO. He smiled and acknowledged the “gotcha”. Sgt. Martinez told he if would rather be with his enlisted Marines because he felt he could better serve them.
If this continues, how many Sgt. Martinezs’ will become so pissed that they leave the military? Political correctness has already seeped into boot camp, ask any CPL or SGT.
I for one will forward this article to everyone I can and donate to this defense fund!
SEMPER FI
May 12th, 2008 at 7:09 pmPlease make a donation and write to those at the links from Steve M.
May 12th, 2008 at 7:23 pmHere’s what I wrote to the politicians:
Do not let your constituent Jose L. Nazario Jr. hang out to dry! He is an honorably serving US Marine that is now charged at home 3 years after the battle of Falujah for killing the enemy. I beg of you to do what is right and fight for this young man as he fought for this country. Do not turn your back on him after he survived the fiercest fighting anyone has been asked to engage in so that political points can be made. Do not make him collateral damage. If you decide not to fight for him as he fought for you look him in the eyes and tell him so.
Because Jose Nazario was working in Riverside County, California he is a constituent of either the Honorable Ken Calvert(44th District), in the U.S. House of Representatives or the Honorable Mary Bono(45th District).
Here is Calvert’s contact info:
Member
http://www.house.gov/calvert
Washington Office
2201 Rayburn House Office Building
Washington, DC 20515
202-225-1986
Fax: 202-225-2004
Riverside Office
3400 Central Avenue, Suite 200
Riverside, CA 92506
951-784-4300
Mr. Calvert is a Republican and has belonged to the:
Navy League of Corona/Norco
National Guard & Reserve Caucus
Correctional Officers Caucus
Law Enforcement Caucus
Here is Congresswoman Mary Bono info:
707 E. Tahquitz Canyon Way, Ste 9
May 12th, 2008 at 7:58 pmPalm Springs, CA 92262
T (760) 320-1076
F (760) 320-0596
or
1600 E. Florida Ave, Ste 301
Hemet, CA 92544
T (951) 658-2312
F (951) 652-2562
this shit has to stop. these men and women have been through enough. quite frankly it will kill morale and cause soldiers and mariens to start questioning orders or outright refusing orders in order to be sure they areent prosecuted later. In fact , I could see marines beginning to refuse orders on this basis. I wouldnt blame them at all. Bush ought to exonerate these men immidiately
May 12th, 2008 at 9:07 pmI feel sorry for this guy. I honestly don’t think he deserves any of this crap I mean just let the guy be and stop being fucking asshole I mean really.
May 12th, 2008 at 9:51 pmThis is unbelievable. I am a Police Officer and it shocks me that he was not given a fair shake. War is Hell, it aint pretty and shit happens. I mean come on, How would you like to have to kick in a door knowing that chances are pretty good you are going to get your face shot off. And he is supposed to wait to evaluate if the Fucker is going to shoot…….This is crazy. I cant even believe this could happen to an American Hero….Its war, get the media out of there and let our guys do what they need to in order to win. We cant send our men and women over there and then tie their freaking hands behind their back and make them scared to fucking shoot. As a Police Officer, I know a moment of hesitation could be the difference between Life or Death…..These cowards should be named and ran out of this country. Don’t judge them unless you are willing to kick in that same door with an unknown fate. My prayers are with all the troops that could face a similar situation.
May 12th, 2008 at 11:59 pmCmon back to Cali, we will give you a job, fuck em, Obrien you piece of shit!
May 13th, 2008 at 2:08 amWow! This solider steps up, does his job, comes home and then gets rammed up the ass. Let me walk a NCIS or JAG pussy into a firefight and see if they change thier tune! I will ante up!
May 13th, 2008 at 7:50 amHaving just completed reading David Bellavia’s book “House to House” about the Battle of Fallujah, I have nothing but the utmost respect for anyone who fought there. There were no civilians in that city by the time we attacked. There were only illegal combatants. Any attempt to give illegal combatants a legal status to prosecute our warriors is aiding and abetting the enemy. That is the definition of treason. Perhaps those NCIS pukes should go back and read that definition again, because what goes around comes around.
Dan Maloney
May 13th, 2008 at 8:34 pmNY State Coordinator
Gathering of Eagles