Jose Luis Nazario, Jr.

Sergeant Jose Luis Nazario, Jr. (born 1980) is the first American to be tried in a civilian court for war crimes which were allegedly committed while he was on active duty. Nazario was charged with voluntary manslaughter, assault with a deadly weapon and discharging a firearm during a crime of violence for his role in the death of four unarmed Iraqi. The Iraqis were killed on November 9, 2004, in Fallujah, Iraq, when Nazario was leading a squad of 13 Marines on house to house searches as part of Operation Phantom Fury, during the Second Battle of Fallujah.

Nazario, a former Marine, was charged under the 2000 Military Extraterritorial Jurisdiction Act for the killing of unarmed Iraqi detainees in the city of Falluja. His trial began on August 19, 2008.

Nazario retired from the Marine Corps in 2005. After his retirement he was to become a Police officer in his home-town of Riverside, California.

The incident became known publicly when one of Nazario's subordinates, Sergeant Ryan Weemer applied for a job with the United States Secret Service. During his interview he was asked to identify the most serious crime he had participated in, and he described his role in the killing.

Nazario's attorneys told CNN in July 2007 that Nazario totally denied the charges. Nazario was released on bail, after his arrest. But, because he was still in his probationary period with the Police when he was arrested, he was dismissed. In 2010, Nazario sued the Riverside Police, to try force them to re-hire him.

During his trial five of the thirteen subordinates in his squad testified that they were not eye-witnesses to the killings, but they heard the shots fired. Two of Nazario's subordinates, Sergeant Weemer and Sergeant Jermaine Nelson, faced contempt of court charges for their refusals to testify. The contempt charges were dropped a month later.

Although he refused to testify during Navario's trial, in September 2009, Jermaine Nelson would later apologize for his role in the killings during his own trial, and place the blame for all the killings on Nazario. According to The Guardian, during Nelson's trial a tape of a confession Nelson made in 2007 was played, that offered: "a grisly account that Nazario beat detainees, killed two of them by shooting them in the forehead and ordered squad members to kill the other two."

Nazario's trial was held in his home town, Riverside, California, where he was formerly a police officer. He was acquitted on August 28, 2008.

Nazario's defense team included Joseph Preis, Jared N. Klein and David Foberg,lawyers from the firm Pepper Hamilton, a firm that had worked previously on behalf of Guantanamo detainees.