Remaining is the case of Staff Sergeant Wuterich, who was apparently the senior Marine on the scene at the time of the incident. As such, he will be held to a higher standard as to what sort of judgment he should have exercised. As an NCO myself, I have to agree to that higher standard. It's a serious responsibility to lead American Soldiers in combat--and with both the increased professionalism of the NCO Corps and decentralization of decision-making, frequently we are making decisions that a Captain or Major would have made in World War II or earlier. It is only reasonable that we be held to the same standards. Now, if they'd pay us like it. . . but that's a separate gripe, gospodin.
Now we come down to the real issue. If Staff Sergeant Wuterich is cleared of the accusations, then there will be precisely one recommendation for further legal action, against the Battalion Commander. The BC will have the excellent defense that you can hardly prosecute a man for inadequately investigating an incident when after years of investigation and legal maneuvering, no one else has found enough evidence to take to trial. Ooops. Failing to adequately investigate a non-crime is a far cry from the accusations of "massacre" hurled reckless around by a certain Semper I Senator.