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June 30th, 2008 - Hearing in Marine Sniper Case Set

News article by North County Times

Summary of the Thar Thar Killings (I)

Hearing in Marine Sniper Case Set

Session will help determine if charges against Sgt. John ‘Johnny’ Winnick move forward

 

By Mark Walker

North County Times

June 30, 2008

 

Camp Pendleton - A hearing to help determine if a Marine sniper should face trial for killing two Iraqi civilians and wounding two others last year is scheduled to begin at Camp Pendleton on Tuesday morning.

 

Sgt. John "Johnny" Winnick II is accused of voluntary manslaughter, aggravated assault and failing to follow the military's rules of engagement in the incident that took place in Iraq's Anbar province June 17, 2007.

 

A charging document alleges Winnick used a shotgun to kill an Iraqi civilian named Raid Ahmed. He also is alleged to have killed or caused another to kill Rayson Muhammad on the same day.

 

Specific details about the shootings that took place at or near Combat Outpost Golden near Lake Tharthar in Iraq's western Anbar province were not available.

 

The charging document also alleges Winnick fired or directed fire at two other Iraqis without first making a positive determination that those men posed a threat, resulting in what the Marine Corps says was "grievous bodily harm." The wounded Iraqis are identified as Hosham Motar Ibrahim and Abdullah Akhmed Hussein.

 

Winnick was a member of Camp Pendleton's 3rd Battalion, 1st Marine Division working with the base's 13th Marine Expeditionary Unit when the shootings took place during his fourth combat deployment. It is the fourth cases involving local Marines accused of unlawful civilian killings in Iraq.

 

On a Web site his family has established to raise money for Winnick's defense, www.johnnywinnick.com, his father, John Winnick, writes that his son pre-enlisted in the Marine Corps at age 17.

 

"His dedication to excellence is paramount in his nature," his father wrote. "Johnny has been a very moral person with extremely ethical and just actions."

 

He goes on to write that his son has a high regard for the Iraqi people and "wanted to help set them free."

 

"He did his duties without any complaints," he wrote. "On the first tour, when food was scarce, he even donated his MREs to Iraqi civilians and soldiers, staying hungry with his men."

 

Winnick, a San Diego native, took part in the 2004 fight for the city of Fallujah, the largest urban battle for the Marine Corps since the Vietnam War.

 

His actions there were noted in a passage by Bing West in his book, "No True Glory: A Frontline Account of the Battle for Fallujah."

 

The passage reads: "As they moved up the alley, Lance Corporal John Winnick, a machine-gunner, ran toward (Lt. Jesse) Grapes with an RPG launcher and a bag full of rockets. 'Sir, can I shoot these back at them?'

 

Winnick, who had fired a rocket-propelled grenade on only one other occasion, was given permission to do so and was able to blow open a gate and ignite a fuel drum, causing insurgents to flee, according to the passage.

 

Winnick is being represented by Gary Myers, an experienced military attorney who last year successfully defended Camp Pendleton's Lance Cpl. Justin Sharratt in the killing of Iraqi civilians in Haditha in 2005. At the end of an investigative hearing in that case, charges were dismissed based on a determination that Sharratt's actions were within the rules of engagement.

 

The hearing to determine if charges against Winnick go forward is scheduled to last two days and he is expected to make an unsworn statement about the incident. In the military justice system, defendants can make unsworn statements which are not subject to cross-examination by prosecutors.

 

Prosecutors at Camp Pendleton are bound by a policy directive from commenting on pending cases.

 

Capt. Jeff King, a Camp Pendleton attorney, will preside over Winnick's hearing. After it concludes, King will write a report to the convening authority, Lt. Gen. Samuel Helland, stating whether he believes the charges should stand.

 

The Winnick case is the most recent of four alleged unlawful civilian killing cases involving Camp Pendleton troops since the invasion of Iraq in 2003.

 

In one case, seven Marines and a Navy medical corpsman were found guilty of offenses related to the kidnapping and killing of an Iraqi man in 2006.

 

The highest-profile case is the slaying of 24 civilians in the city of Haditha in November 2005. To date, six Marines charged in that incident have seen their cases resolved by dismissal, withdrawal or acquittal. A seventh Marine, Lt. Col. Jeffrey Chessani, had charges against him dismissed two weeks ago. Prosecutors are appealing that decision.

 

Another ongoing case involves three Marines accused of killing four captured insurgents during the battle for Fallujah in November 2004.

 

External link: http://www.nctimes.com/articles/2008/06/30/military/zb46b1b6590c61844882574780055d840.txt

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