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Posted on 03/19/2005 2:08:48 PM PST by Former Military Chick
A Fort Carson officer convicted of abusing three Iraqi prisoners was sentenced Thursday to 45 days behind bars and a $12,000 fine, but he won’t be kicked out of the Army.
Capt. Shawn Martin, who could have been sentenced to nine years in a military prison, asked the seven officers on the jury for leniency.
The 15-year Army veteran admitted no wrongdoing, saying only that he is sorry for having put his wife, mother and two children “through this.”
His attorney, John Galligan, who had asked for a reprimand instead of harsher punishment, said he is pleased with the sentence.
Maj. Tiernan Dolan, one of two prosecutors on the case, declined comment.
Martin, serving with the 3rd Armored Cavalry Regiment, commanded 150 soldiers in the desert town of Rutbah, Iraq. He was removed from command in July 2003, after being accused of terrorizing Iraqis and threatening one of his own soldiers with a pistol.
The jury of six men and two women took more than four hours to sentence Martin.
During the court-martial at Fort Carson, prosecutors portrayed Martin as a despot who ruled with an iron fist while pursuing what they called a “reign of terror.”
Prosecutors Thursday repeatedly called Martin a “war criminal.”
Martin lashed back.
“I’m not a thug, and I’m not a gangster,” Martin told the jury, which convicted him of three counts of assault Wednesday and met Thursday to pass sentence.
When Martin’s court-martial started Monday, he faced eight counts of assault, obstruction of justice and conduct unbecoming an officer. If convicted on all counts, he could have been sentenced to 44 years in prison.
He was convicted Tuesday night on three counts, all involving Iraqis: a prisoner in a jail, a detainee after a land mine explosion and a prisoner being interrogated.
In the interrogation, prosecutors said the Iraqi prisoner was handed a shovel and told to dig a grave where he would be buried if he didn’t provide information.
A prosecution witness at the sentencing hearing said the Iraqi was shaking and crying as he used the shovel.
“He wasn’t digging very fast because he wasn’t concentrating on digging,” Staff Sgt. Robert Cureton said.
In addition to the trial evidence, jurors also heard from character witnesses before the sentencing.
Martin’s mother, Jessie Watts, left the stand sobbing after describing her son’s childhood, saying he played with military toys and always yearned to be a soldier.
“He just loved the idea of wanting to serve his country,” she said.
Two officers and a sergeant who had served with Martin asked the jury to keep the captain in uniform.
“I would be ready and willing to pack up and go again (to Iraq) with him,” said Sgt. 1st Class Jerome Huffmon. “I know I would be taken care of.”
Galligan said that although the sentence allows Martin to stay in the Army for now, Martin’s career in uniform could still be scuttled by what happened in Iraq.
The letter of reprimand and conviction could leave Martin stranded with no hope of promotion and with the possibility of administrative dismissal from the service.
Pretty much puts the nail in the casket so to speak.
Is this guy Regular Army and still a Captain after 15 years?
Has the NYTimes called this torture yet? We're turning our army into wusses.
But regardless of this,his "career" is now officially kaput.And he was only five years short of getting his pension,too.
Can't be. Probably an EM with 8-10 years in who then went to OCS.
U.S. forces being convicted for being mean to the enemy. A Marine lieutenant charged with murder for killing two of the enemy caught with weapons and IED material.
Are these the modern My Lai "war crimes?"
W.W.II vets had better start looking over their shoulders. The ACLU and other hate-America groups have Washington running scared. Better to prosecute the troops than stand up to the big bad ACLU, eh Washington?
Many of us have seen film of the Pacific fighting where the enemy is flushed out of hiding with flame throwers and shot. Beware W.W.II vets, the ACLU is sending Washington after you next.
What would FDR have done? Thankfully the "greatest generation" was in charge back then. It was the last war we won.
So? My only questions here are why is a CPT doing an interrogator's (usually a Warrant or NCO) job? Was this done in secure enough an environment where there was no possibility the Iraqi could have used the shovel as a weapon?
"...threatening one of his own soldiers with a pistol."
Not necessarily a crime in and of itself.
"Two officers and a sergeant who had served with Martin asked the jury to keep the captain in uniform."
As an officer with 10 years on active duty, all my OERs were written by the officers above me. I always believed that the truest evaluation of my leadership and effectiveness was unwritten and came from those under me.
As a CPT w/ 15 years, I am assuming (like several others here) that he is either an OCS or Green-to-Gold commissionee. A lot of those guys end up retiring as a MAJ w/ 20. I'm not sure what officer promotions are looking like these days, but during time of war, I don't know if a LOR would keep an O-3 from advancing to O-4, everything else being in order.
I'm waiting for the PC pendulum to start swinging the other way, I hope it accelerates, we need reality and we need it soon.
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Well technically it was the generation before them that was 'in charge'. Right now the hippies are in charge, so this makes alot of sense.
The "five years short of a pension" is just bogus, there are very many things that can keep you from retirement, all you have to do is gain 15 lbs with middle age, or not pass a PT Test (even your 20th year) and you can kiss your retirement goodbye.
It isn't like belonging to a Union.
But what they are doing to this guy is just flat out WRONG!
Just what I was thinking. He may have some enlisted time but if he holds a reserve commission he will never be selected for regular officer and probably will be forced out.
Probably OCS, or discharged as enlisted, left and went back in via ROTC. I know a few that have done such things.
Just my guess about what happened in subject's case.
I admit it you gave me a giggle which is sad because your comment is so true. Thanks!
I am uncertain why he is the rank he is but if he were in the guard I believe it takes longer to promote. Having said that and the fact I am uncertain I am pining my beloved to answer your post.
That generation fought the war, then gave us the Great Society, Vietnam and a few decades of Democratic rule.
I would also count several small wars (Panama, Grenada) along with the Cold War, the Gulf War, Afghanistan and Iraq as wins
I have to disagree.
Was the Cold War "won?" Russia remains a country of interest. News items abound revealing Russia's duplicity vis-a-vis arms transfers to our enemies, the mullahs of Iran and before that Saddam. Ditto news items about Russia trying to put together an alliance with China and India to challenge the U.S.
Afghanistan and Iraq (includes the the Gulf War) are part of the bigger war. Here is what I mean.
"In my view, the stakes are much higher in the war on terror than in anything we've faced since World War II, and probably World War II as well," Chairman of the Joint Chiefs of Staff, Gen. Richard Myers.
During W.W.II we all knew that we were at war. There was little else. Not so today and it may cost us.
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