Lawyer: Charges dropped against Marine
By THOMAS WATKINS, The Associated Press | Tuesday, May 1, 2007
SAN DIEGO (AP) — Military prosecutors have agreed to withdraw
criminal charges against a Marine accused of beating of Iraqi detainees
in exchange for testimony against three subordinates, his lawyer said
Tuesday.
Marine 2nd Lt. Nathan P. Phan will acknowledge the assault at a
less-serious administrative hearing and has agreed to testify against
three Marines under his command who are accused of killing an Iraqi
man. Phan is not accused in the slaying.
Phan, 26, is accused of beating, choking and threatening two men
in March or April 2006 in the town of Hamdania during an interrogation.
Attorney David Sheldon said Phan will "accept responsibility for
his actions" and "testify truthfully" against the three Marines in
his platoon.
Sheldon said Phan acknowledges telling one of his men to place
a detainee in a choke hold because he believed it was necessary to
gather information from suspected insurgents, and pushing an unloaded
pistol against the mouth of another detainee to frighten him.
"The information he gained from these terrorists was highly important
and valuable in saving Marines' lives," Sheldon said.
Phan faced up to 10 years in prison had he been found guilty
of assault at trial, Sheldon said. At the administrative hearing,
he faces a reprimand, such as forfeiture of pay. He could also be
referred to a separate hearing at which he could be discharged.
Lt. Col. Sean Gibson, a Marine spokesman, confirmed that criminal
charges were withdrawn and would be dealt with at the nonjudicial
level. But he declined to say whether there was an agreement.
The administrative hearing will be held at Camp Pendleton in coming
weeks and led by Lt. Gen. James Mattis, the commanding general in the
case, Sheldon said.
Phan was "extremely happy" criminal charges were dropped, his
attorney said.
An entire eight-man squad was originally accused in the killing;
five of those enlisted men have cut deals to plead guilty to lesser
charges and testify against the remaining three.
Prosecutors say the men dragged an 52-year-old Iraqi civilian from
his home, fatally shot him in a ditch, then tried to cover it up by
saying the man was an insurgent planting a roadside bomb.
Phan, of Sacramento, was not part of the squad and was not present
when the killing occurred.
