On 17Jul07 the Article 32 Investigation of LCpl Tatum entered its second day. LCpl Humberto Mendoza, a fellow member of 3/1, testified against LCpl Tatum. LCpl Mendoza recounted how he told LCpl Tatum that there were only women and children in the room and later returned to the room to find them dead, all killed by LCpl Tatum.
LCpl Mendoza was testifying under a grant of immunity. Additionally, his testimony contrasted sharply with his prior statements to an Army colonel investigating the incident, and prior statements to NCIS. LCpl Mendoza explained the earlier statements were lies, and he decided to now tell the truth after prompting by his lawyer, in order to receive immunity.
Sgt Sanick P. Dela Cruz also testified. He explained that he disapproved of the conduct of the war, wishing that Marines had more leeway to fire their weapons. Sgt Dela Cruz had his murder and false official statement charges dismissed on 2 April 2007.
The investigating officer is LtCol Ware, who was also the investigating officer in LCpl Sharratt Article 32, wherein he recommended no charges.
Filed under: Crime, Haditha, Iraq, LCpl Stephen Tatum, Law, Military Law, War on Terrorism
I saw a case like this in the Cavalry once.
Cav boys testified against one of their their own troopers, not for immunity, just because they didn’t like him. It was purely self-defense when a German First Sergeant got drunk and placed a locked and loaded pistol to the troopers head. The trooper quickly snatched the weapon away from the kraut, (one round went off striking a nearby tree). He then pistol-whipped the kraut so hard that the kraut lost most of his left ear and had major a concussion and about 70+ stiches to his head.
He could have killed the kraut, but didn’t. Then the troopers own squad (2 boys) testified against him claiming he started the whole thing. Luckily, there was an honest kraut LT. who saw it and told the truth. The trooper still got 6-months but went back to duty. His entire command showed at the CM and asked the judge to let them keep this man. He was a great trooper. A real hard charger.
He did his time, returned to duty, got his E-4 rank back, finished his tour an E-5, finished college, came back in as an officer, and retired an 0-4 with full disability after being badly wounded.
I know him well. His name is Lance…;)
Lance
You motivate. We owe our freedom to men like you.
yojoe