Update: Reader Cro pointed this out which I didn't connect last night and which puts wuterich's assault of the first building in a much better light. He is still in trouble for the taxi shootings depending on what other witnesses (American) say, and he madde a horrible witness for himself. Allah at Hotair has the CBS video of the interview.
Comment below written by: Chickenhawk Warmonger
Wuterich's superior, Lt. William Kallop, gave the okay to assault the first house - according to the CBS transcript of the interview.
I wrote a detailed piece about what rules govern incidents just like this and it is reproduced here. Before that a little commentary on the 60 Minutes piece with SSG Frank Wuterich.
He is asked.
They were running away from you? You shot them in the back?
He answered "Yes"
Wuterich said that the people in the white car didn’t comply and then ran. Running from the car, given the possibility it is a car bomb, and then being able to detonate it once they were clear is potentially a hostile act. They should have gotten on the ground. If they didn’t run, or commit a hostile act, then it was an unlawful act.
He is way too evasive about what was in the first house, about the bodies. A little remorse would have seemed more natural, he was very matter of fact. But one thing he said is the most important item for his defense.
There, at that time, there was a threat
He said that about the first building they assaulted, and his frame of mind is what makes the difference between an awful mistake and an illegal massacre. If a jury believes Wuterich believed there was a threat, then he is not guilty of murder.
The mistake he made was assaulting the first house without being certain that is where the fire they took came from. Once the decision was made that those buildings represented the threat they were facing, the rest of the actions they took were brutal but proper. If Wuterich’s story is true he may be guilty of a horrendous decision to assault the first building, and that may be Dereliction of Duty, but it is not Murder.
The in depth look at what rules determine- What makes a shooting a massacre?