Posted on 06/30/2008 6:23:40 PM PDT by RedRover
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.
Please pray for Johnny and his defense team, as his Article 32 hearing will be at Camp Pendleton tomorrow. Please pray that everything goes well and the truth is heard. The hearing will likely take 1-2 days (or more) however, we will not know of any definitive answer of any sort for awhile.
Please visit Johnny's Website: JohnnyWinnick.com.
Thanks for all your comments and support!
Prayers going up for Johnny and his family...
Has anyone seen the trial outcomes on the dozens of insurgents that captures, trotured beheaded and mutilated the bodies of civilians and even women care workers?
Is VC Murtha working on that?
Ping
Thanks for posting, Red.
Prayers for Sgt. Winnick and his family, hopefully charges will be dropped as a result of this Art. 32 hearing.
Prayers Up!
A shotgun!?!
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.
I will definitely be interested to hear about the "specific details".
The ridiculous rules of engagement were not written to help and protect Marines. They were written in a way that entraps them and puts their lives in greater danger.
Prayers up for Sgt. Winnick!
This was his FOURTH combat deployment and I have to believe he could tell good guys from bad guys. I’m glad to see he has Gary Myers for his defense attorney. He is a very good attorney from what I can tell.
“A shotgun!?!”
A shotgun, an assault rifle, a claymore mine or whatever — it is all the same to the MSM.
I checked back on the dates in the Justin Sharratt case. The hearing ended on June 15, 2007 with the IO saying the evidence did not support murder charges. But the IO's report (recommending that charges be dropped) wasn't written until July 6. We didn't hear about the contents of the report until July 11. And, finally, the Convening Authority (then Gen Mattis) didn't officially drop the charges until August 9. So that's a little less than two months of waiting even when the IO had already clearly signalled his intentions.
Yes, Myers is about the best there is. He won an acquittal for Capt Medina in the My Lai case as an Army lawyer. And, of course, he set the tone for the whole Haditha case by helping to win the exoneration of Justin Sharratt.
From what I’ve heard, there are no fellow Marines accusing Sgt Winnick. Hard to tell how charges came to be filed in the first place. I suspect he may have failed to get proper permission before shooting or something along those lines. That’s total speculation on my part. We’ll find out tomorrow (I hope).
I initially suspected that, too, until I saw "shotgun". That changes everything. That's close range, and that means you don't seek permission. Sgt Winnick is a seasoned (four tours) combat veteran and should be given every benefit of the doubt. Right off the bat, this case looks like yet another malicious prosecution.
Praying
Thanks for laying that out. I remember it took a long time but had forgotten it was that long. The waiting and not knowing certainly does, as you say, leave them twisting in the wind.
Agreed about the benefit of the doubt. The shotgun is definitely a WTF for me. Hopefully, the NC Times will be there tomorrow.
I had to ask Justin about the shotgun, and he said they did have them as a back-up weapon. They also used them for shooting the hinges off of doors, then they would kick the door in.
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