Sgt. Frank Wuterich was the senior Marine present when a platoon allegedly killed as many as 24 Iraqi civilians without cause in 2005 after losing a comrade to a roadside bomb. If a military judge at Camp Pendleton follows the investigating officer’s recommendation, none of the Marines allegedly involved would be charged with murder, CNN reported.

Several officers face charges of failing to supervise Marines under their command. No officers were present during the killings.

In addition to participating in unjustified killing, Wuterich allegedly lied in his report, claiming 15 of the Iraqis had been killed by the roadside bomb.