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JUDGE RECOMMENDS DISMISSAL OF MANSLAUGHTER CHARGES IN SGT JOHN WINNICK CASE
Defend Our Marines ^ | July 14, 2008 | David Allender

Posted on 07/14/2008 12:10:17 PM PDT by RedRover

Breaking news!

Judge recomends dismissal of manslaughter charges in Sgt John Winnick case. Recommends a minor dereliction charge with nonjudicial punishment.

This is a developing story. Check back with Defend Our Marines for details.


TOPICS: Extended News; Foreign Affairs; Government; News/Current Events
KEYWORDS: defendourmarines; fallujah; usmc; winnick
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Previous threads:

For background on the case, see HERE.

1 posted on 07/14/2008 12:10:19 PM PDT by RedRover
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To: RedRover

Quick prayer up for the dismissal of charges!


2 posted on 07/14/2008 12:11:15 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: RedRover

Outstanding news, Red. Praying that Lt. Gen. Helland accepts the recommendation.


3 posted on 07/14/2008 12:13:01 PM PDT by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

Great news and CONGRATULATIONS to Gary Myers, Dan Conway, and Sgt. Winnick and his family! WOOHOO!!!


4 posted on 07/14/2008 12:15:32 PM PDT by Defend Our Marine (Thank you Red!)
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To: 4woodenboats; American Cabalist; AmericanYankee; AndrewWalden; Antoninus; AliVeritas; ardara; ...
Happy ping!


5 posted on 07/14/2008 12:16:19 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover
GREAT NEWS!

Iraq is/was a war. Let's not prosecute our forces for prosecuting the war in a winnable way.

6 posted on 07/14/2008 12:16:40 PM PDT by Yossarian (Everyday, somewhere on the globe, somebody is pushing the frontier of stupidity...)
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To: RedRover

Hallelujah!

No way that that young man was guilty.

Also, this was supposed to be another hearing day for Nazario with the Fed Court, wasn’t it?


7 posted on 07/14/2008 12:19:20 PM PDT by xzins (Retired Army Chaplain -- Those denying the War was Necessary Do NOT Support the Troops!)
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To: RedRover

Without the truck having been searched, I’m not sure why WINNICK would be charged with dereliction.

I’d go for dereliction against the incompetents who allowed that truck to disappear.

I’ll bet Winnick could even beat a dereliction charge if it’s actually related to the sniper incident.

If it has to do with whether he was wearing the prescribed number of buttons on his shirt or had his ROE card in his pocket, then maybe they can get him on some piddly-as$ stuff like that.


8 posted on 07/14/2008 12:23:47 PM PDT by xzins (Retired Army Chaplain -- Those denying the War was Necessary Do NOT Support the Troops!)
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To: RedRover
Recommends a minor dereliction charge

Since when is being handsome a crime? :) Congrats!!!!

9 posted on 07/14/2008 12:25:25 PM PDT by lilycicero
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To: xzins

Yes, there’s a motion hearing today for Sgt Nelson. Haven’t heard anything about it and am guessing it’s routine.


10 posted on 07/14/2008 12:26:08 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover
Great, traitors in our country deeply saddened.
11 posted on 07/14/2008 12:26:13 PM PDT by HuntsvilleTxVeteran (Remember the Alamo, Goliad and WACO, It is Time for a new San Jacinto!)
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To: Defend Our Marine

Woohoo back atcha, blondie! We’ll have more soon!


12 posted on 07/14/2008 12:28:42 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: pissant

Word is that no one, maybe especially LtGen Helland, has any enthusiasm for this going forward. Prayers joining yours it’s the straight dope.


13 posted on 07/14/2008 12:30:35 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

Great News!


14 posted on 07/14/2008 12:38:55 PM PDT by ticked
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To: jazusamo
Around half of this nation doesn't deserve defending.
15 posted on 07/14/2008 12:40:33 PM PDT by gunnedah
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To: jazusamo
Around half of this nation doesn't deserve defending.
16 posted on 07/14/2008 12:40:38 PM PDT by gunnedah
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To: RedRover

Wow! Pray that this comes to pass.


17 posted on 07/14/2008 12:43:49 PM PDT by Eagles6 ( Typical White Guy: Christian, Constitutionalist, Heterosexual, Redneck)
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To: RedRover
Hey, Murtha. Comment?
18 posted on 07/14/2008 12:48:51 PM PDT by YHAOS
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To: gunnedah
Around half of the people in this nation don't deserve defending.
19 posted on 07/14/2008 12:50:37 PM PDT by demkicker (In the minority or majority, I'll never stop 'kicking' dems)
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To: YHAOS
"Hey, Murtha. Comment? "

If you get one, please post to the "Hell Freezes Over" ping list.

20 posted on 07/14/2008 12:57:29 PM PDT by norton
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To: RedRover

Excellent news :)


21 posted on 07/14/2008 1:08:55 PM PDT by jveritas (God Bless President Bush and our brave troops)
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To: lilycicero
Since when is being handsome a crime? :) Congrats!!!!

You've got to be a girl! Thank God for conservative women! I would have said since when is it a crime to fight a war?, but your comment is duly noted and accepted and I bet he would be grateful to hear it!

22 posted on 07/14/2008 1:37:21 PM PDT by calex59
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To: All
Update at DEFEND OUR MARINES

Defense attorney Dan Conway says, "We're pleased with the Investigating Officer's recommendation after carefully reviewing all of the evidence. Our Marines deserve the benefit of the doubt when they make good faith decisions to use force in self-defense during combat. Sgt Winnick is a stand-up Marine and he's eager to get back to work."

A copy of the IO's report has been posted at the link above.

23 posted on 07/14/2008 1:40:30 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: demkicker
The majority of the people in this nation don't deserve defending.
24 posted on 07/14/2008 2:07:32 PM PDT by Old Sarge (CTHULHU '08 - I won't settle for a lesser evil any longer!)
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To: xzins
The Nazario hearing today should set a trial date. It's looking like the third week in August. Story HERE.
25 posted on 07/14/2008 2:22:01 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: xzins
I’m not sure why WINNICK would be charged with dereliction.

I posted the IO's report HERE

26 posted on 07/14/2008 2:23:50 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: calex59; Semper Fi Mom

I call them as I see them :)

I used to say they are being punished for coming home alive and the media rather celebrate the heroes who lost their lives. Thank God for all of them!


27 posted on 07/14/2008 2:32:25 PM PDT by lilycicero (And don't get me started on Semper Fi Mom's son............)
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To: RedRover

What wonderful news!

And such a great ping! LOL


28 posted on 07/14/2008 2:34:32 PM PDT by Velveeta
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To: RedRover

Great news! Justice once again reared it’s almighty hand against the dark forces.


29 posted on 07/14/2008 2:54:56 PM PDT by Marine_Uncle (Duncan Hunter was our best choice...Now we are left with a bunch of idiots.)
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To: 1stbn27; 2111USMC; 2nd Bn, 11th Mar; 68 grunt; A.A. Cunningham; ASOC; AirForceBrat23; Ajnin; ...

Winnick (Sniper) Update:
http://warchronicle.com/TheyAreNotKillers/SgtWinnick/IO_REPORT.pdf

Nazario (Battle of Fallujah cold blooded murderer now civilian) Update:
http://www.mydesert.com/apps/pbcs.dll/article?AID=/20080714/NEWS0802/80714001/-1/newsfront

Also-a body was found in Sneads Ferry, burning. Haven’t determined who it is, but a female Army Lt. in Fayetteville has been missing since a fire at her home. She was estranged from a USMC Cpl. He was charged with murder today. Even though no one knows if the body found today is hers. NCIS was on the scene before the fire was put out. There was another Ft. Bragg female murdered recently.

http://www.jdnews.com/

Very weird. Very, very weird.


30 posted on 07/14/2008 3:21:46 PM PDT by freema (MarineNiece,Daughter,Wife,Friend,Sister,Friend,Aunt,Friend,Mother,Friend,Cousin, FRiend)
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To: norton
{8^)
31 posted on 07/14/2008 3:23:23 PM PDT by YHAOS
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To: RedRover

YES!


32 posted on 07/14/2008 3:25:59 PM PDT by dynachrome (Henry Bowman is right)
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To: Old Sarge
"The majority of the people in this nation don't deserve defending."

Whose army were you in?

I don't remember having the option to pick and choose who will be defended.

Semper Fi
An Old Man

33 posted on 07/14/2008 4:08:36 PM PDT by An Old Man ("The limits of tyrants are prescribed by the endurance of those whom they suppress." Douglas)
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To: dynachrome

Hiya, dyna! A great first step in complete exoneration. Now it’s up to LtGen Helland to officially end this thing.


34 posted on 07/14/2008 4:21:20 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: An Old Man

I still don’t have the option. But I wish I did.


35 posted on 07/14/2008 4:22:21 PM PDT by Old Sarge (CTHULHU '08 - I won't settle for a lesser evil any longer!)
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To: RedRover

I’m kinda surprised. Seemed like the powers that be wanted to go full bore on this one, too.

But, I’ll take this result!


36 posted on 07/14/2008 4:23:23 PM PDT by dynachrome (Henry Bowman is right)
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To: dynachrome

We’ll see. Hopefully LtGen Helland won’t keep the sergeant and his family waiting long for his decision.

In the LCpl Tatum case, Helland ignored the IO’s recommendation but ended up dropping charges anyway on the day of the court martial.


37 posted on 07/14/2008 4:33:03 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

A second thought/question. Is this one of those that can be with or without prejudice, if charges are dropped?


38 posted on 07/14/2008 4:35:06 PM PDT by dynachrome (Henry Bowman is right)
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To: RedRover; xzins
Capt. King reccomended that charge "I" be adjudicated at non-judicial punishment and the remaining charges be dropped -

Wonderful news but what is Charge "I"? Is that the dereliction?

39 posted on 07/14/2008 4:40:34 PM PDT by 4woodenboats (DefendOurMarines.org Defend Our Troops.org Free Evan Vela)
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To: freema

I am sure the NCIS will totally foul up the investigations. It seems to be the way they now operate. (Haditha Marines)


40 posted on 07/14/2008 5:02:47 PM PDT by Marine_Uncle (Duncan Hunter was our best choice...Now we are left with a bunch of idiots.)
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To: RedRover; Lancey Howard

I posted that article from the Desert Sun earlier today and it was yanked. The mods were kind and explained that Desert Sun is a Gannett paper and they’re not allowed to post anything from Gannett. Unfortunately, my hometown paper is also Gannett, so I run into it all the time with good info that I cannot post to FR.

The fascinating part of the article is where Nazario’s lawyer, McDermott says a few things about Weemer.

He says Weemer is now in doubt about his own story. He says Weemer is suffering from PTSD. He says Weemer is engaging in “self-medicating” behavior....drugs is what I take it to mean.

There is zero forensic evidence.

McDermott has done the brilliant....obvious, when you think about it....He’s asked for the identity of the deceased.

In short, he’s affirming Nazario’s position that this never ever happened — that it’s all in the mind of a young man abusing drugs, suffering from PTSD, and questioning his own account.

How in the world can they prosecute Nazario based on that!!??


41 posted on 07/14/2008 5:07:15 PM PDT by xzins (Retired Army Chaplain -- Those denying the War was Necessary Do NOT Support the Troops!)
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To: RedRover

Great news BUMP!
Any word on what this “minor dereliction charge” would be? It sounds to me like somebody is trying to toss the prosecutors a chewed up bone shard.


42 posted on 07/14/2008 6:02:41 PM PDT by Lancey Howard
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To: lilycicero
I call them as I see them :)

Bet you have great hindsight, too.

Congrats to Sgt. Winnick

43 posted on 07/14/2008 6:32:03 PM PDT by bigheadfred (Me, myself I don't think I got weaned properly)
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To: 4woodenboats
Wonderful news but what is Charge "I"? Is that the dereliction?

Don't know, boats. The USMC Iraq Investigations site never posted the charges.

44 posted on 07/14/2008 6:32:10 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: xzins

There’s growing confidence in the defense circle that the civilian jury will acquit Nazario and the two military trials will follow suit.

I imagine that the prosecutors of the Haditha case, who’ve been critized for batting zero, will feel vindicated that a civilian trial exonerated a Marine as well.


45 posted on 07/14/2008 6:35:26 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover; jazusamo; xzins; Girlene; freema; darrylsharratt; Shelayne; Lancey Howard; lilycicero; ...
A copy of the IO's report has been posted at the link above.

Great news, as far as it goes.

I went looking for the actual specifications detailing the actual charges against Sgt. Winnick, but didn't find anything official. The closest I got was the list from Chelsea Carter in an Al-Pressera story giving the following:

NB: Killing the enemy is always homicide; action taken to prevent him from attacking you or your team.

So it appears that his actions -- killing two insurgents and firing toward two others -- are unsupported, but they have to gig him on something to justify the exorbitant expense and time wasted on this cluster ..., so because he had equipment problems and should have withdrawn (and let the insurgents kill our troops then or later) they hit him with something he can raise no defense to. Un-freaking-real!

If we had a real Justice System based on Law, this case should be brought before a Grand Jury with the intent to indict the investigators and prosecutors with malfeasance and misprison of felony, false accusations under colour of authority. Yeah; I know -- dream on! Scumbags all !!

46 posted on 07/14/2008 6:37:30 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: dynachrome

Charges could be dropped without prejudice which would not be good news. I hope/pray LtGen Helland does the right thing.


47 posted on 07/14/2008 6:38:57 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover
Bruce Kesler has a blog post about the decision at Democracy Project.
48 posted on 07/14/2008 6:43:34 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: xzins
drugs is what I take it to mean.

Could be he is drowning himself in booze. Which, of course, is ok.

How in the world can they prosecute Nazario based on that?

The answer may lie here:Photobucket

With all the tech. advancements lately, these machines look almost human.

(Coming to a "theater" near you)

49 posted on 07/14/2008 7:17:18 PM PDT by bigheadfred (Sure I'm paranoid, but am I paranoid enough?)
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To: jazusamo; All
We got the drop on the North County Times again. Story's been up for a few hours now: Report says drop manslaughter charges against Marine.
50 posted on 07/14/2008 7:17:42 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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