Marines ponder if "shoot first" justified

By Adam Tanner

CAMP PENDLETON, California (Reuters) - Does a U.S. Marine serving in Iraq have the right to shoot first and ask questions later if hostile forces could be nearby?

The question is at the heart of the case against Staff Sgt. Frank Wuterich, 27, the U.S. Marine accused of leading a November 19, 2005, massacre of 24 Iraqi civilians in Haditha.

Witnesses who were on patrol with Wuterich in Iraq have testified that he told them to "shoot first and ask questions later" as they followed up the killing of a popular Marine in their unit.

"This is not what we do," Wuterich's former commanding officer, Capt. Alfonso Capers, testified on Wednesday when asked about the "shoot first" remark attributed to Wuterich that day. "It says everybody is expendable."

"It also puts a bad stain for people who believe in us at home," Capers said.

Wuterich is charged with murdering 18 Iraqi civilians in Haditha after a member of his unit was killed by a roadside explosion. The incident, one of a series in which U.S. forces mistreated or killed Iraqi civilians, has sparked international anger since it was first reported last year.

In a number of those cases, military courts have imprisoned lower-ranking soldiers while officers faced administrative sanctions. On Wednesday, the U.S. Navy censured three Marine officers for failing to investigate the Haditha incident promptly, punishment that could end their careers.

The Wuterich proceedings go into their fourth and likely last day at Camp Pendleton north of San Diego on Thursday to determine whether prosecutors have enough evidence to bring the case to trial. If convicted, Wuterich could be sentenced to life in prison.