thedrifter
03-23-04, 09:36 AM
Marine Corps sued in death of Utah private
By Dawn House
The Salt Lake Tribune
A 20-year Navy veteran filed suit in Salt Lake City on Monday against the U.S. Marine Corps over the death of his son, who was shot to death at Camp Pendleton, Calif., in 2002 during a training exercise.
Jon B. Purcell of Provo alleges extreme negligence by the commanding general of the 1st Marine Expeditionary Force and other high-ranking officers in the death of Pfc. Jeremy Ross Purcell, 19, at the Marine base in Oceanside, Calif.
Col. Jenny Holbert, spokeswoman for Camp Pendleton, said, "We are unaware of any lawsuit and therefore, we cannot comment at this time."
Jeremy Purcell was fatally shot on Aug. 28, 2002, by another Marine who had mistakenly loaded his rifle with live rounds for a training exercise that was supposed to involve only blanks.
Jon Purcell, a retired Navy 1st class petty officer, filed the U.S. District Court lawsuit pro se, or on his own behalf. He said he cannot find an attorney to take the case because of the Feres Doctrine.
The doctrine, named for a 1950 court case, makes it nearly impossible for those who serve in the armed forces to sue the military for injuries caused during stints in service. It was originally intended to protect the federal government against wrongful-death suits from families of soldiers killed in war, but the courts have broadened the doctrine to provide immunity for the military against a wide range of complaints.
A Marine investigation into Purcell's death showed that several members of the elite 1st Force Reconnaissance Company had completed a live ammunition training exercise before going to another range for an urban exercise in which they were to fire blanks.
Sgt. Cody Ottley grabbed two magazines, one with blanks and the other with live rounds, before entering a building to search for other Marines playing enemy or "aggressor" roles.
Ottley fired six rounds at Purcell, an "aggressor," hitting him three times in the chest and once in the shoulder, according to the report. Under a plea agreement reached Aug. 1, 2003, Ottley was sentenced to a year in prison. His platoon commander and the platoon sergeant were reassigned.
The investigation revealed that leadership at Camp Pendleton "exclusively relied on individual Marines to be responsible for their own ammunition checks and verification." Safety procedures were more strict at the Marines' Camp Lejeune in North Carolina and base at Okinawa, Japan, the report noted.
Jeremy Purcell, a graduate of Jordan High School, was engaged to be married at the time of his death. The lawsuit, which seeks in excess of $75,000, was filed on behalf of his parents and eight surviving siblings.
dawn@sltrib.com
http://www.sltrib.com/2004/Mar/03232004/utah/150373.asp
http://www.sltrib.com/2004/Mar/03232004/images/ut_purcell.jpg
Jeremy Purcell
Ellie
By Dawn House
The Salt Lake Tribune
A 20-year Navy veteran filed suit in Salt Lake City on Monday against the U.S. Marine Corps over the death of his son, who was shot to death at Camp Pendleton, Calif., in 2002 during a training exercise.
Jon B. Purcell of Provo alleges extreme negligence by the commanding general of the 1st Marine Expeditionary Force and other high-ranking officers in the death of Pfc. Jeremy Ross Purcell, 19, at the Marine base in Oceanside, Calif.
Col. Jenny Holbert, spokeswoman for Camp Pendleton, said, "We are unaware of any lawsuit and therefore, we cannot comment at this time."
Jeremy Purcell was fatally shot on Aug. 28, 2002, by another Marine who had mistakenly loaded his rifle with live rounds for a training exercise that was supposed to involve only blanks.
Jon Purcell, a retired Navy 1st class petty officer, filed the U.S. District Court lawsuit pro se, or on his own behalf. He said he cannot find an attorney to take the case because of the Feres Doctrine.
The doctrine, named for a 1950 court case, makes it nearly impossible for those who serve in the armed forces to sue the military for injuries caused during stints in service. It was originally intended to protect the federal government against wrongful-death suits from families of soldiers killed in war, but the courts have broadened the doctrine to provide immunity for the military against a wide range of complaints.
A Marine investigation into Purcell's death showed that several members of the elite 1st Force Reconnaissance Company had completed a live ammunition training exercise before going to another range for an urban exercise in which they were to fire blanks.
Sgt. Cody Ottley grabbed two magazines, one with blanks and the other with live rounds, before entering a building to search for other Marines playing enemy or "aggressor" roles.
Ottley fired six rounds at Purcell, an "aggressor," hitting him three times in the chest and once in the shoulder, according to the report. Under a plea agreement reached Aug. 1, 2003, Ottley was sentenced to a year in prison. His platoon commander and the platoon sergeant were reassigned.
The investigation revealed that leadership at Camp Pendleton "exclusively relied on individual Marines to be responsible for their own ammunition checks and verification." Safety procedures were more strict at the Marines' Camp Lejeune in North Carolina and base at Okinawa, Japan, the report noted.
Jeremy Purcell, a graduate of Jordan High School, was engaged to be married at the time of his death. The lawsuit, which seeks in excess of $75,000, was filed on behalf of his parents and eight surviving siblings.
dawn@sltrib.com
http://www.sltrib.com/2004/Mar/03232004/utah/150373.asp
http://www.sltrib.com/2004/Mar/03232004/images/ut_purcell.jpg
Jeremy Purcell
Ellie