OTOH ( speaking strictly in a merely hypothetical situation) I might have been similarly prosecuted under the UCMJ, if one of my subordinates ignored my privately offered friendly advise, that they seriously consider deserting their post, before I actually shot them...
I feel sorry for any Marine that has to pull duty with a muzzie. I always think back to that group of Marine snipers that were killed (5 or 6) with not a trace of who did it.
I really think I'd of had an accidental discharge or pushed him out of the tower. Accidents happen all the time.
I've said it once and I'll say it a million times, there hasn't been one person I've ever met overseas worth one of my men, not one ever...no kid, woman, grandpa, young man...nobody. All my brothers trusted me with their lives and I trusted my life to them. I had no "friends" other than my brothers and I made it a point to be respectful and courteous but like the saying goes, "not friendly, with the warm and fuzzies"