Lawyer: Charges dropped against Marine

Military prosecutors have agreed to withdraw criminal charges against a Marine accused of beating of Iraqi detainees in exchange for testimony against three subordinates, his lawyer said Tuesday.

Marine 2nd Lt. Nathan P. Phan will acknowledge the assault at a less-serious administrative hearing and has agreed to testify against three Marines under his command who are accused of killing an Iraqi man. Phan is not accused in the slaying.

Phan, 26, is accused of beating, choking and threatening two men in March or April 2006 in the town of Hamdania during an interrogation.

Attorney David Sheldon said Phan will "accept responsibility for his actions" and "testify truthfully" against the three Marines in his platoon.

Sheldon said Phan acknowledges telling one of his men to place a detainee in a choke hold because he believed it was necessary to gather information from suspected insurgents, and pushing an unloaded pistol against the mouth of another detainee to frighten him.

"The information he gained from these terrorists was highly important and valuable in saving Marines' lives," Sheldon said.

Phan faced up to 10 years in prison had he been found guilty of assault at trial, Sheldon said. At the administrative hearing, he faces a reprimand, such as forfeiture of pay. He could also be referred to a separate hearing at which he could be discharged.

Lt. Col. Sean Gibson, a Marine spokesman, confirmed that criminal charges were withdrawn and would be dealt with at the nonjudicial level. But he declined to say whether there was an agreement.

The administrative hearing will be held at Camp Pendleton in coming weeks and led by Lt. Gen. James Mattis, the commanding general in the case, Sheldon said.

Phan was "extremely happy" criminal charges were dropped, his attorney said.

An entire eight-man squad was originally accused in the killing; five of those enlisted men have cut deals to plead guilty to lesser charges and testify against the remaining three.

Prosecutors say the men dragged an 52-year-old Iraqi civilian from his home, fatally shot him in a ditch, then tried to cover it up by saying the man was an insurgent planting a roadside bomb.

Phan, of Sacramento, was not part of the squad and was not present when the killing occurred.