Prosecutors say Ramon Hernandez and two other Marines based at Camp Pendleton killed David Pettigrew in September 2007.
The four Marines, assigned to squadrons under the 3rd Marine Aircraft Wing, were killed in action Oct. 26.
Capt. Kyle Van De Giesen, 29, was originally from North Attleboro, Mass. He left behind a family that includes a pregnant wife and an 18-month old daughter.
Fleury's grandfather said the Marine was well-known for telling jokes and loved the outdoors. Fleury received several military awards, including the Marine Corps' Good Conduct Medal.
Two other Camp Pendleton-based Marines were hurt in that crash.
The deadly crash happened on the same day as another crash in Afghanistan that killed 10 other Americans.
In that incident -- seven U.S. servicemen and three DEA agents died after their chopper crashed in Western Afghanistan. They were targeting a suspected drug and weapons trafficker who supplies militants including theTaliban.