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Semper Fi
All charges against Lance Cpl. Justin Sharratt dropped
By Thomas Watkins
ASSOCIATED PRESS
9:23 a.m. August 9, 2007
LOS ANGELES – All charges were dropped Thursday against Marine Lance Cpl. Justin L. Sharratt, who had been accused of killing three Iraqi brothers in response to a roadside bomb attack in Haditha in 2005.
“The evidence does not support a referral to a court-martial,” Lt. Gen. James Mattis wrote in his written decision. Under military law, a commanding general has total jurisdiction over a case.
Sharratt, 22, of Canonsburg, Pa., had been charged with murder in the deaths of three of those killed after the bomb attack on Nov. 19, 2005.
The decision to drop the charges followed an earlier recommendation from a hearing officer who listened to evidence in the case.
In his recommendation, Lt. Col. Paul Ware said murder charges brought against Sharratt were based on unreliable witness accounts, insupportable forensic evidence and questionable legal theories.
“The government version is unsupported by independent evidence,” Ware wrote in an 18-page report. “To believe the government version of facts is to disregard clear and convincing evidence to the contrary.”
Prosecutors alleged Sharratt and other members of his battalion engaged in a revenge-motivated assault on Iraqi civilians after a roadside bomb killed a fellow Marine. Sharratt contended the Iraqi men he confronted were insurgents and at least one was holding an AK-47 rifle when he fired at them.
Ware said prosecution of Sharratt could set a “dangerous precedent that ... may encourage others to bear false witness against Marines as a tactic to erode public support of the Marine Corps and its mission in Iraq.”
“Even more dangerous is the potential that a Marine may hesitate at the critical moment when facing the enemy,” Ware said.
Mattis said he made his decision after looking at all the evidence presented at the Article 32 evidence hearing, much like a preliminary hearing in criminal courts.
“You have served as a Marine infantryman in Iraq where our nation is fighting a shadowy enemy who hides among the innocent people, does not comply with any aspect of the law of war, and routinely targets and intentionally draws fire toward civilians,” Mattis wrote.
“Operational, moral and legal imperatives demand that we Marines stay true to our own standards and maintain compliance with the law of war in this morally bruising environment,” he said.
“With the dismissal of these charges, you may fairly conclude that you did your best to live up to the standards ... in the face of life or death decisions made by you in a matter of seconds in combat.”
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