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Originally published Saturday, March 29, 2008 at 12:00 AM

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Charges dropped against corporal in Haditha killings

The Marine Corps dropped charges and gave full immunity Friday to a serviceman who was accused of involuntary manslaughter in a squad's...

The Associated Press

CAMP PENDLETON, Calif. — The Marine Corps dropped charges and gave full immunity Friday to a serviceman who was accused of involuntary manslaughter in a squad's killing of 24 Iraqis in Haditha in 2005.

The case against Lance Cpl. Stephen Tatum, 26, of Edmond, Okla., was dismissed as jury selection was about to begin for his court-martial. The government has been seeking Tatum's testimony against the squad leader, Staff Sgt. Frank Wuterich of Meriden, Conn.

Prosecutors say Wuterich directed the assault immediately after a roadside bomb killed one Marine and wounded two others in a convoy. Wuterich and another Marine shot five men nearby before the squad leader ordered his men to clear homes with grenades and gunfire, killing unarmed civilians.

In February, Tatum received an order to testify against Wuterich and an unrequested immunity order that said anything to which he testified would not be used against him in his court-martial. On Friday, a new immunity order was issued, along with the dismissal of charges.

"Lance Cpl. Tatum will testify truthfully if called as a witness," said his attorney, Jack Zimmerman.

Tatum was the third enlisted Marine to have all charges dismissed.

Four enlisted Marines were initially charged with murder, and four officers were charged with failing to investigate the deaths. Over time the case has shrunk, including removal of all murder charges. Only two officers remain charged.

The highest-ranking defendant is Lt. Col. Jeffrey R. Chessani of Rangely, Colo., commander of the Camp Pendleton-based 3rd Battalion, 1st Marine Regiment at the time of the Nov. 19, 2005, Haditha killings. He is scheduled to face court-martial in April.

Chessani, accused of dereliction of duty and violation of a lawful order, has said he didn't order a formal investigation because he believed the deaths resulted from lawful combat.

Wuterich is the only enlisted man still facing prosecution. He faces nine counts of voluntary manslaughter, aggravated assault, reckless endangerment and obstruction of justice. There is no date set for his court-martial.

Copyright © 2008 The Seattle Times Company

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