Letters of censure impede future promotions and may result in a demotion in rank when considering future compensation and retirement benefits. There is no appeal for letters of censure, though the officers can submit rebuttals to be entered into their official records.
Staff Sft. Frank Wuterich testified in military court yesterday in a preliminary hearing for his Article 32 tribunal – the military equivalent of a grand jury. Wuterich testified that he was operating according to military rules of engagement when he lead the Marines of Kilo Company in a house-to-house raid in response to an IED attack on their convoy that killed Lance Corporal Miguel Terrazas. The raid resulted in the deaths of Iraqi civilians, including woman and children.
Wuterich stated that he “advised the team something like shoot first and ask questions later or don't hesitate to shoot.” Captain Alfonso Capers, Wuterich's reporting officer, stated that “shoot first, ask questions later means everyone's expendable. You can't do that.” Wuterich has admitted to killing five Iraqi's he claims were fleeing from a white vehicle shortly after the IED attack. Wutherich claims that the men “were not complying and, in fact, they were starting to run.” Sgt. Sanick Dela Cruz, who was granted immunity in exchange for his testimony, stated that the Iraqi men were in custody and had their arms raised when Wuterich shot them.
Wuterich responded that “based on the information I had at the time, based on the situation, I made the best decision I could have at the time.”
Four Marines have been charged with murder for the events in Haditha, and four were charged with dereliction of duty. Charges against three others were dropped. Wuterich faces a life sentence if convicted on all charges.