A U.S. Marine charged with premeditated murder for shooting two Iraqis may face the death penalty, although one of the men he shot appeared to be preparing to attack the Marines or detonate nearby explosives, says the Marine's attorney.
Second Lieutenant Ilario G. Pantano was charged Feb. 1 in connection with the April 15, 2004, shooting incident, according to a Marine Corps statement released yesterday.
Maj. Gen. Richard Huck, commanding general of the 2nd Marine Division, convened an investigation to determine if the 33-year-old Pantano should stand trial, but no further details were released.
But Charles Gittens, Pantano's civilian attorney, said Pantano has "made it pretty firmly clear that he is not guilty," according to a Reuters report.
The Marine platoon Pantano commanded had been tasked with searching a suspected terrorist hide-out south of Baghdad last April. After finding weapons, ammunition and bomb-making material in the building, they observed two men fleeing in a sport utility vehicle, Gittens said, according to the wire report.
Upon shooting out the vehicle's tires to stop it, the Marines took the two Iraqi men into custody, ordering them to search for booby traps and secret compartments in the vehicle by ripping out its interior and seats, Gittens told Reuters.
Then, according to Gittens, one of the suspects turned suddenly toward Pantano "as if to attack." When Pantano ordered them to stop, they kept moving toward him, Gittens said.
"He (Pantano) thought he was in danger and he fired and he killed them and that's what we do to terrorists who don't listen to orders. ... It's a combat situation, kill or be killed," the attorney told Reuters.
Fearing the two suspects may have been attempting to detonate explosives remotely, Pantano shot them, Gittens said.
"What's he supposed to do, wait until he's standing in the inferno?" the attorney added.
