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July 2nd,
2008 - Accused of Manslaughter, Marine Says He’s Eager to Return to Iraq News article by the Los
Angeles Times |
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Accused of
Manslaughter, Marine Says He’s Eager to Return to Iraq The Camp Pendleton sniper, at a hearing on his actions that led to the
deaths of 2 Syrians in Iraq, says he's eager to return ‘and serve my
country.’ A superior testifies he shot too quickly. By Tony Perry Los Angeles Times July 2, 2008 Camp Pendleton - In a clear,
strong voice, a Marine sniper accused of manslaughter and assault for killing
two Syrians and wounding two others told a hearing officer today that he
wants to return to Iraq for a fifth deployment. "I'm eager to actually
get back in the fight and serve my country," Sgt. Johnny Winnick said at
the conclusion of military proceeding akin to a preliminary hearing. Winnick, 24, of San Diego,
was the leader of a six-man sniper team when he gave an order to open fire on
a group of men that he thought were planting a roadside bomb near Lake
Tharthar in Iraq. A cursory investigation
after the shooting discovered no bomb and no weapons either on the four men
or in their truck. The truck disappeared a day after the June 17, 2007,
incident, before Marines could conduct a more thorough search, a point
Winnick's defense attorneys have stressed. Winnick killed one man from
several hundred yards away with a rifle shot. Then, as Marines rushed toward
the truck, he killed another with a close-in blast from a shotgun as the man
was crawling toward a cellphone. Winnick did not testify. His
statement to Capt. Jeffrey King, the hearing officer, was unsworn. King will
provide a recommendation to Lt. Gen. Samuel Helland on whether the case
should go to a court-martial. A sniper in Winnick's team
testified that all of the team members felt the four men were planting a
roadside bomb because they stopped their truck in a location that Marines had
been warned was a likely location for such a bomb. The men also seemed to be
digging a hole, Cpl. Alexander Wazenkewitz said. But Capt. Oliver Dreger, an
intelligence officer whose assignment was to oversee Winnick and other
snipers, said he believed Winnick acted too quickly and without sufficient
information to conclude that the men were showing "hostile intent." "I wasn't pleased with
the judgment exercised by Sgt. Winnick," said Dreger, who order Winnick
relieved of duty the day after the incident. Dreger said that a Marine
has to be "pretty damn sure" before firing at a target and has to
realize "that decision will be scrutinized by outsiders." But under tough questioning
by Winnick's attorney, Gary Myers, Dreger conceded that there is a subjective
element to determining "hostile intent" and "positive
identification," phrases contained in the official rules of engagement. Myers suggested that Dreger,
who was questioned as part of the investigation into the 2005 killing of 24
civilians in Haditha, was thinking of his own career by immediately relieving
Winnick. "The first thing you
did and your battalion commander did was to get as far away from these
Marines as possible," Myers said, an accusation Dreger denied. External link: http://www.latimes.com/news/local/la-me-sniper3-2008jul03,0,196554.story Marine sniper defends his
actions Hearing concludes in case of Sgt. John 'Johnny' Winnick II By Mark Walker North County Times July 2, 2008 Camp Pendleton - A Marine
sniper charged with two counts of manslaughter in the shooting deaths of men
he suspected of planting a roadside bomb in Iraq said Wednesday that he was
doing his best to protect his troops. "I did this action in
defense of my Marines," Sgt. John "Johnny" Winnick II said at
the conclusion of a two-day investigative hearing that will help determine if
the charges against him stand. An officer who presided over
the hearing will now write a report to a general, who will decide if Winnick
should face trial. Winnick, 24, a veteran of
four Iraq deployments, said he decided to shoot when he suspected the men
were about to place a bomb at an intersection about a mile from a Marine
outpost in the Anbar province. Winnick said he had seen too
many Marines killed and injured by roadside bombs and he acted to protect his
fellow service members. "I didn't want them to
end up like other Marines I have seen," the 2002 graduate of Del Mar's
Winston High School said in a clear, calm voice. Winnick faces as much as 40
years in prison if tried and convicted of the two counts of manslaughter,
assault and failure to follow the military's rules of engagement. Winnick headed a sniper team
that was watching an intersection near an outpost on June 17, an area that
had been hit with two roadside bomb attacks. As he and his five men watched,
two vehicles stopped and the men inside appeared to be preparing the surface
of the roadway for a bomb, according to testimony during the hearing. A short time after those
vehicles departed, an 18-wheel semi-truck stopped in the same spot. The
driver got out, according to testimony, crawled under the truck and appeared
to be preparing to place a jug on the roadway. At that point, Winnick fired
at the man, killing him. His men also began firing at the truck and three
other men who emerged from its two-seat cab. As Winnick and another
Marine from his squad ran up to the truck, a second man who had been shot was
crawling toward a cell phone, prompting Winnick to fatally wound him with a
shotgun blast, according to the undisputed testimony. The two other men were
evacuated by U.S. forces and treated for their wounds. A subsequent search of the
truck cab and cursory search of the trailer did not turn up any weapons,
bomb-making material or shovels. Testimony showed that the truck went
unguarded after the incident and disappeared within a day. Capt. Oliver Dreger, the
intelligence officer for Camp Pendleton's 3rd Battalion, 1st Marine Regiment
that included Winnick's platoon, testified Wednesday that he believed Winnick
and his men has been sufficiently briefed over the rules of engagement. Much of the hearing focused
on confusion about those rules with the platoon commander, Lt. Dominic
Corabi, testifying Tuesday about a general confusion over their meaning.
Corabi said snipers did not have a clear understanding about when they could
shoot a suspected insurgent at long range. Senior commanders, he said, were
unable to define terms such as hostile intent and positive identification. Under questioning from
Winnick's lead attorney Gary Myers, Dreger acknowledged that failure to secure
the truck for a full-scale search left a hole in the investigation. "It would have been
nice to know precisely what was in the back," Dreger said. Dreger said roadside bombs
in the area were considered a "significant threat" and that the
types of jugs Winnick reported seeing were increasingly being employed by
insurgents to transport chemical compounds for roadside bombs. But when questioned by lead
prosecutor, Capt. Nicholas Gannon, Dreger said he was disappointed in
Winnick's decision to shoot rather than call for help. "I would have preferred
he call the (quick reaction force) as it didn't appear to be an immediate
threat," he said. The officer who conducted
the hearing, Capt. Jeffrey King, asked Dreger of his overall view of
Winnick's actions. "I think he was acting
honestly out there and trying to do the right thing," Dreger responded. King 's report due the
middle of this month goes to Lt. Gen. Samuel Helland, head of Marine Corps
forces in the Middle East and the convening authority over the case. King has
the option of stating whether he believes the evidence would result in a
conviction. During his statement
Wednesday morning, Winnick said he appreciated the review the shootings are
undergoing. "I understand it has to
go forward in the name of justice, but sir, I am eager to get back in the
fight and serve my country," he said. The prosecution and the
defense agreed there are no disputed facts about what occurred and that no
closing arguments were necessary. External link: http://www.nctimes.com/articles/2008/07/02/military/z22e0dc3c78e803238825747a00523ad9.txt |