Lesser charges recommended against Marine
Lesser charges recommended against Marine
Tue Jul 15, 12:11 AM ET
A Marine sniper charged with voluntary manslaughter in the shooting deaths of two Syrians should face lesser charges, the investigating officer has recommended.
Sgt. John Winnick II, 24, is charged with two counts of voluntary manslaughter and failing to adhere to the military's rules of engagement by firing without reasonable certainty that his targets were hostile.
The hearing officer, Capt. Jeffrey King, recommended Winnick face a less severe punishment on a charge of dereliction of duty for failing to adhere to the military's rules of engagement.
"I recommend that the remaining charges be withdrawn," King wrote in the report, which is non-binding. The final decision about whether Winnick should stand trial and on what charges will be made by Lt. Gen. Samuel Helland, the commanding general overseeing the case.
The report follows an Article 32 hearing, similar to a preliminary hearing, to determine whether there was sufficient evidence to send Winnick to court-martial.
The June 2007 shooting began after a soda delivery truck stopped near a sniper team hideout on a busy road in Iraq's western Anbar province, where roadside bombs were a common threat.
During the hearing, Winnick's comrades testified that the Marine fired a fatal sniper round at a man who hopped out of the cab, removed a container or bag from a side compartment, and appeared to begin digging at the ground. Winnick then killed a second man with a shotgun after the team stormed out of its hiding place, they testified.
Winnick testified that he believed he was protecting his Marines.
Winnick faces up to 40 years in prison and dishonorable discharge if he is tried and convicted on all counts, which also include charges of aggravated assault against two truck passengers who were injured in the fight.
Ellie