Investigating officer recommends dropping murder case against Lance Cpl. Stephen B. Tatum

By Michelle Malkin  •  August 23, 2007 09:48 PM

tatum.jpg

Following up on another Haditha Marine slandered by Rep. John Murtha:

An investigating officer recommended Thursday dismissing all charges against a Marine accused of murdering two girls in an assault that killed 24 civilians in the Iraqi town of Haditha.

Lance Cpl. Stephen B. Tatum, 26, is charged with unpremeditated murder of two girls and negligent homicide on suspicion that he unlawfully killed two men, a woman and a boy. He is also accused of assaulting another boy and a girl.

Investigating officer Lt. Col. Paul Ware said the evidence was too weak for a court-martial. Tatum shot and killed civilians, but “he did so because of his training and the circumstances he was placed in, not to exact revenge and commit murder,” Ware wrote.

“I believe (Lance Cpl.) Tatum’s real life experience and training on how to clear a room took over and his body instinctively began firing while his head tried to grasp at what and why he was firing,” Ware wrote. “By the time he could recognize that he was shooting at children, his body had already acted.

Washington Post coverage here:

“What occurred in house 1 and house 2 are tragedies,” Ware wrote. “The photographs of the victims are heart wrenching, and the desire to explain this tragedy as criminal act and not the result of training and fighting an enemy that hides among innocents is great. However, in the end, my opinion is that there is insufficient evidence for trial. LCpl Tatum shot and killed people in houses 1 and 2, but the reason he did so was because of his training and the circumstances he was placed in, not to exact revenge and commit murder.”

Jack B. Zimmerman, a civilian attorney for Tatum, said he is pleased with the report and will await Mattis’s ruling before commenting further. Should Mattis dismiss the charges, it would leave pending murder charges in the case against one enlisted Marine, Staff Sgt. Frank D. Wuterich.

“On 19 November 2005, in the mere seconds LCpl Tatum had to make a decision, he acted in accord with training, to engage targets that a fellow Marine was firing at, without time to fully assess the situation and reflect on what SSgt Wuterich was doing,” Ware wrote. “It is only in hindsight that we can start to question why SSgt Wuterich was firing his weapon at children and conclude that LCpl Tatum should have deemed such actions were unwarranted.”

For background and all the latest, go to Defend Our Marines.

The LCpl. Stephen B. Tatum Article 32 Fact Sheet is here.

The USMC Iraq investigations page is here.

Paging Rep. Murtha

Contact info for office of John Murtha:

Phone:

800-289-2642 from Western PA
814-535-2642
202-225-2065

Fax:

814-539-6229 — District
202-225-5709 — Washington

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Posted in: Haditha,John Murtha

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Comments


  1. #1
    On August 23rd, 2007 at 10:04 pm, Schweggie said:

    Tatum shot and killed civilians, but “he did so because of his training and the circumstances he was placed in, not to exact revenge and commit murder,” Ware wrote.

    Hooray common sense!

    “Knowing what I know now, I feel badly about killing Iraqi civilians who may have been innocent, but I stand fast in my decisions that day, as I reacted to the threats that I perceived at the time,” Tatum said. “I did not shoot randomly with the intent to harm innocent Iraqi civilians.”

    God Bless you LCpl Tatum.

  2. #2
    On August 23rd, 2007 at 10:11 pm, puhiawa said:

    The Haditha case is one such that if one is guilty, all are guilty of a crime. this case is unraveling. And it will not get easier for the prosecutor. To the contrary, as charges are dropped, those defendants will commence to offer testimony for the defense.

  3. #3
    On August 23rd, 2007 at 10:53 pm, PBoilermaker said:

    Murtha is a disgrace.

  4. #4
    On August 23rd, 2007 at 11:11 pm, trinitytim said:

    Been there, Done that a long time ago in a place far far away. Hang in there Marine. You did the right thing and you will be okay.

    God bless you son and Thank you for your service and your sacrifice

  5. #5
    On August 23rd, 2007 at 11:13 pm, thirteen28 said:

    On August 23rd, 2007 at 10:53 pm, PBoilermaker said:

    Murtha is a disgrace.

    So is the NCIS. Given when the accusations were first made, they’ve had to have known for a long time that they didn’t have the goods on these Marines. Still they’ve held this over their head in true Nifong-esqe fashion.

    The prosecutors in this case should be investigated.

  6. #6
    On August 23rd, 2007 at 11:40 pm, swj719AWG said:

    I don’t wish harm to Murtha, and I’d try to help if he was being attacked, or in true danger…

    But I sure wouldn’t go out of my way tp point out the icey patch of ground infront of him…

    The man is scum, and if he’s an respected Dem, it’s 100% telling about the lot of them…

  7. #7
    On August 24th, 2007 at 12:12 am, gunslingerpatriot said:

    LCPL Stephen Tatum is an example of how to act honorably when your enemies attempt to smite your reputation. My prayers and heart felt appreciation go out to the “Haditha Marines”.

    If murtha had just a small amount of honor that these MARINES have in their trigger finger, then murtha would be equal with McCain and worth listening too. Problem is; murtha and mccain are cut from the same cloth (white flag variety!)

    “When it absolutely, positively has to be destroyed overnight-call Americas 9-1-1 force-The MARINES!”

  8. #8
    On August 24th, 2007 at 1:16 am, blues said:

    Hey ,

    J.Cass Murtha,if you’re not part of the solution,you’re part of the problem{ and in your case a big part}.So let the real Marines do their thing…and shut the f*** up you f****** a**hole.

  9. #9
    On August 24th, 2007 at 4:12 am, TBinSTL said:

    Murtha remains one of only two confirmed “ex-Marines”, he shares that honor with Oswald. How’s that feel you faithless traitor to the Corps?
    On the other hand, I don’t bear any ill will toward the investigators and prosecutors in this. Can you imagine the fire storm that would have come down from the MSM if this had not been fully pursued and investigated? It’s a sad state that we are in but unfortunately the traitors in our midst force righteous men to prove their righteousness by defending their every action before a national audience. If anything, the only reaction beyond joy for these heroes can be further despair because it will all happen again in short order. CYA is the order of the day and this fight, for these fine young Marines has been a fight for the honor of The Corps and they remained true unlike a certain Congressman.

  10. #10
    On August 24th, 2007 at 4:18 am, BrianG1979 said:

    Murtha remains one of only two confirmed “ex-Marines”, he shares that honor with Oswald. How’s that feel you faithless traitor to the Corps?

    You might want to add Charles Whitman to that list.

  11. #11
    On August 24th, 2007 at 8:31 am, sausage said:

    his body instinctively began firing while his head tried to grasp at what and why he was firing,” Ware wrote. “By the time he could recognize that he was shooting at children, his body had already acted.

    Oh that’s all right then.

  12. #12
    On August 24th, 2007 at 8:35 am, Wade said:

    Murtha remains one of only two confirmed “ex-Marines”, he shares that honor with Oswald. How’s that feel you faithless traitor to the Corps?

    I would take this one step further. Murtha was never a Marine. Wearing of the uniform does not a Marine make.

  13. #13
    On August 24th, 2007 at 8:43 am, Regulus said:

    Well, chalk up a victory for common sense. Unlike Murtha and a lot of Democrats, the investigators understand that what our servicemembers are engaged in is called “combat,” and not an episode of “Cops.”

    Or, as a fellow young 2nd Lieutenant exclaimed a quarter century ago when we were being subjected to a form of “sensitivity training” at Ft. Benning:

    “I don’t get it. You want us to fight like tigers, yet act like p*ssies!”

    To which the entire room of 122 infantry lieutenants roared their concurrence.

  14. #14
    On August 24th, 2007 at 9:14 am, James Felix said:

    Oh that’s all right then.

    No one said “it’s all right”, in fact everyone involved and every decent person who reads about it thinks it’s a tragedy. What it is not is a criminal act.

    Of course, that’s not a distinction I’d expect you to grasp. The “we love nuance” crowd is notoriously blind to it.

  15. #15
    On August 24th, 2007 at 9:16 am, swj719AWG said:

    Rusty doesn’t understand the difference between “wrong” and “criminal”.

    Even the marines who did the shooting feel bad.

    But they’d feel worse if they halted their trained responses and a fellow marine had been killed because of hesitation.

  16. #16
    On August 24th, 2007 at 9:18 am, USMCgramma said:

    Grandson is in Iraq for tour #2 and everyone is doing the job they are trained to do. Congressmen go there for a “little visit” and they all come home safe and sound … not in wheelchairs or body bags.

    Murtha and Haditha are an outrage and an insult to everyone and everything our military serves to protect.

  17. #17
    On August 24th, 2007 at 9:26 am, Boomer said:

    Having been in harms way myself in another life I understand why the Marines acted the way they did. When stuff hits the fan you react with your training first after everything is over with then you try to piece together what just happened. Provided you acted correctly resulting in the saving of your life and the lives of those around you can second guess yourself. Once the shaking stops.

    This incident is a terrible tragedy, but I believe these young men acted correctly under very stressful conditions relying on their combat training adhering to the Rules of Engagement and the Law of Armed Combat.

  18. #18
    On August 24th, 2007 at 10:11 am, JWS said:

    Thank God.

    There is NO punishment too awful for that bum Murtha. His actions were traitorous, and he will rot in hell…

  19. #19
    On August 24th, 2007 at 10:43 am, swampleg said:

    What a maroon. Perhaps someone should start giving soldiers, “I was falsely accused of war crimes by John Murtha” t-shirts.

    Does John Murtha view these guys anything but props in his quest for power and pork?

  20. #20
    On August 24th, 2007 at 11:07 am, Schweggie said:

    Anyone going to call or fax today? Let’s see how many we can get…

  21. #21
    On August 24th, 2007 at 11:43 am, Brian72 said:

    Not only is Rep. Jack Murtha(D-PA) a disgrace to the Marine Corps, he’s a disgrace to the U.S. House of Representatives as well. I’m sure many of you know this, but it’s worth a reminder (post on it, Michelle?).

    Rep. John Murtha (D-PA)

    John Murtha is an eighteenth-term member of Congress, representing the 12th district of Pennsylvania. His ethics issues stem from abuse of his position as Ranking Member of the Defense Appropriations Subcommittee of the House Appropriations Committee to benefit clients of his brother, Robert “Kit” Murtha, a registered lobbyist.

    KSA Consulting

    In 2002, Kit Murtha was hired by KSA Consulting, a firm that lobbies the Defense Appropriations Subcommittee on behalf of defense contractors. Mr. Murtha joined the firm at the invitation of top KSA official Carmen Scialabba, who had worked for Rep. Murtha on the House Appropriations Committee for 27 years.

    In 2004, Congress passed a $417 billion defense appropriations bill that went through Rep. Murtha’s subcommittee. The bill benefitted at least 10 companies represented by KSA and KSA directly lobbied Rep. Murtha’s office on behalf of seven of those companies, which received a total $20.8 million in earmarks.

    PMA Group

    Paul Magliocchetti worked with Rep. Murtha as a senior staffer on the Appropriations Committee Subcommittee on Defense for 10 years. After leaving the committee, Mr. Magliocchetti founded the PMA Group, which has become one of the most prominent Washington, D.C. defense lobbying firms. In the current campaign cycle, the PMA Group and 12 of the firm’s clients rank in the top 20 contributors to Rep. Murtha, having made campaign contributions totaling $274,649. In turn, many of PMA’s clients have benefited significantly from Rep. Murtha’s earmarks. In the 2006 Defense appropriations bill, PMA clients received at least 60 earmarks, totaling $95.1 million.

    House ethics rules prohibit members from taking any official actions for the prospect of personal gain for themselves or anyone else. In addition, Rule XXIII of the House Ethics Manual requires all members of the House to conduct themselves “at all times in a manner that reflects creditably on the House.” By earmarking funds for companies represented by Kit Murtha and Paul Magliocchetti, Rep. Murtha has violated House rules.

    Murtha Calls Ethics Bill ‘Total Crap’

    By John Bresnahan, Roll Call

    November 15, 2006

    Rep. John Murtha (D-Pa.) told a group of Democratic moderates on Tuesday that an ethics and lobbying reform bill being pushed by party leaders was “total crap,” but said that he would work to enact the legislation because Speaker-to-be Nancy Pelosi (D-Calif.) supports it.

    “Even though I think it’s total crap, I’ll vote for it and pass it because that’s what Nancy wants,” Murtha told the Blue Dogs, according to three sources who were at the meeting.

    beyonddelay.org

    Abscam investigation

    Main article: Abscam

    In 1980, during his third term as a Congressman, Murtha became embroiled in the Abscam investigation, which targeted dozens of congressmen. The investigation entailed FBI operatives posing as intermediaries for Saudi nationals hoping to bribe their way through the immigration process into the United States. Murtha met with these operatives and was videotaped; ultimately, he was named an “unindicted co-conspirator”[1] but he was never indicted or charged. He did agree to testify against Frank Thompson (D-NJ) and John Murphy (D-NY), the two Congressmen mentioned as participants in the deal at the same meeting and who were later video taped placing the cash bribes in their trousers. The FBI videotaped Murtha responding to an offer of $50,000, with Murtha saying, “I’m not interested… at this point. [If] we do business for a while, maybe I’ll be interested, maybe I won’t”, right after Murtha had offered to provide names of businesses and banks in his district where money could be invested legally.[5] The U.S. Attorneys Office reasoned that Murtha’s intent was to obtain investment in his district. Full length viewing of the tape shows Murtha citing prospective investment opportunities that could return “500 or 1000″ miners to work.

    Wikipedia

    He’s a disgrace to the nation all together, if you ask me.

  22. #22
    On August 24th, 2007 at 11:52 am, radio relay said:

    Thank God!!

    This is an enemy that deliberately puts innocents in the line of fire. So, that scum sucking traitors like that s.o.b. Murtha, and the communist media can use innocent, unintentional deaths to help further the anti-American propaganda war.

    Murtha is NOT a Marine. Murtha was NEVER a Marine. To even suggest that he was a Marine is a vile insult to actual Marines.

    LCpl Tatum, and the other fine young Marines who were with him in that fight are the heart and soul of the Corps. The life blood of our nation. Thank the Lord God Almighty, and Jesus Christ, our Savior, that we have such young people to stand at the gate and bar these islamic, jihadist devils!!!

    I hope I never come in close physical contact with Murtha. It will be all I can do to keep from punching that low-life bastard right in his fat, pompous face!!

    Semper Fidelis!
    Out…

  23. #23
    On August 24th, 2007 at 11:52 am, feebiebabe said:

    Murtha looks like a mean Uncle Billy from “It’s a Wonderful Life”. Inept and angry.

    As well as being a lunatic with zero conscious.

  24. #24
    On August 24th, 2007 at 1:37 pm, tgillian said:

    There are hundreds of buildings, bridges and streets named after him. He’s scum, but popular; like Specter.

  25. #25
    On August 24th, 2007 at 2:58 pm, Pickle said:

    So, Murtha doesn’t have the guts to take responsibility for his comments.

    Is it time to apologise to Jean Schmidt for hanging her out to dry yet?

  26. #26
    On August 24th, 2007 at 3:24 pm, sausage said:

    Thank the Lord God Almighty, and Jesus Christ, our Savior, that we have such young people to stand at the gate and bar these islamic, jihadist devils!!!

    Ironic religious fundamentalism quote of the day.

  27. #27
    On August 24th, 2007 at 4:14 pm, PRCalDude said:

    Called his office. The ROE are suicidal for our troops and they still follow them. This is what they get for obeying orders. You’ve gotta be freaking kidding me.

  28. #28
    On August 24th, 2007 at 4:40 pm, sherlock said:

    I think the Republicans and any Democrats who have any honor should “freeze” Murtha until he sincerely apologizes. That means “I was wrong, and I am ashamed of what I said.” It does not mean “I am sorry if anyone misunderstood what I said and was offended.”

    What do I mean by “Freeze”? Ignore him. Do not shake his hand or utter his name. Do not speak to him. Do not make eye contact with him. Do not return his calls or answer emails from his office.

    You honorable men and women in Congress – my advice is to show us who you are now, because there are going to be a lot of incumbents going missing after this election!

  29. #29
    On August 24th, 2007 at 4:51 pm, Schweggie said:

    Ironic religious fundamentalism quote of the day.

    What’s ironic is that it’s actually not ironic.

    But of course if you believe Christian fundamentalists are equivalent to Jihad headchoppers, then sure.

  30. #30
    On August 24th, 2007 at 5:49 pm, Rick Moran said:

    Sausage:

    Please refrain from denigrating other people’s religious beliefs on this site and maintain civility.

  31. #31
    On August 24th, 2007 at 6:05 pm, JWS said:

    On August 24th, 2007 at 4:40 pm, sherlock said:

    That’s a start (good luck finding any honorable people in congress). I maintain what he said makes him a traitor. He betrayed those he slandered, and his words helped the enemy, and weakened us. He should be put to death, and in another time he would have been…

  32. #32
    On August 24th, 2007 at 6:07 pm, JWS said:

    On August 24th, 2007 at 3:24 pm, sausage said:

    Where is the irony?

  33. #33
    On August 24th, 2007 at 6:48 pm, swj719AWG said:

    On August 24th, 2007 at 5:49 pm, Rick Moran said:
    Sausage:

    Please refrain from denigrating other people’s religious beliefs on this site and maintain civility.

    That’s funny… Several regular posters do it on a regular basis… Haven’t seen one of them called on it yet…

  34. #34
    On August 26th, 2007 at 9:34 pm, Americangranny11 said:

    Our Young Men and Women have been sent over there to that land of savagery, and they are seeing such brutality that they would never see at home. I cannot ever blame our soldiers if they do shoot to fast or make mistakes in this situation, What we are asking of them is monumental. I am so proud of them and what they are doing. God Bless them.
    Jack Murtha is a Traitor to them and his country. He should be ashamed. He is doing all of this for political reasons. He cares not for the lives of our young men and women, only for himself.

  35. #35
    On October 30th, 2007 at 8:49 pm, Jonathan said:

    Politics…the last refuge of a scoundral! Mark Twain

    He’s looking more like Ted Kennedy everyday.

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