Marines Testify About Shipboard Explosion

[thedrifter]

Marines Testify About Shipboard Explosion

By Associated Press
CAMP LEJEUNE, N.C. — At a court-martial resulting from a shipboard explosion, Marines testified that a sergeant took an explosive shell in Iraq as a war trophy and discarded it in a trash can, where it blew up and wounded 10 people.

The most seriously injured Marine, Pfc. Michael R. Hayes, said Wednesday that he was packing for the trip home last May when he threw paper and old batteries into the trash can aboard the USS Saipan.

"I heard two of the batteries hit something metal," Hayes said. "I woke up three to four days later" in a U.S. military hospital. The explosion ripped apart his right arm. Doctors used his abdominal muscles to replace the lost tissue, though he still has no feeling in the arm, Hayes testifed.

Sgt. Mark S. Hoerber, 24, of Miami, is accused of bringing the explosive on board. He was also wounded by shrapnel, but he managed to pull an electrical cord from a computer and wrap it around Hayes' arm as a tourniquet.

Before the court-martial started Tuesday, Hoerber pleaded guilty to disobeying a general order against bringing explosives aboard the ship. He still faces charges of assault and damaging the Saipan.

Civilian defense attorney Neal Puckett said other people had such war trophies, and the military jury should make sure prosecutors prove the bomblet that exploded was the same one that Hoerber brought aboard.

The prosecution has "just one explanation of what happened (and) there are so many other explanations," Puckett said.

Sgt. Shane Elliott of Great Falls, Mont., testifed that he found the M-42 howitzer fragmentation round while walking with Hoerber outside a military camp in southern Iraq last April. Hoerber found a rusted, crushed Iraqi rifle magazine at the former Iraqi bunker destroyed during Operation Desert Storm in 1991, and they traded, Elliott said.

Staff Sgt. Anthony L. Wetherall testified Hoerber showed him something similar to a corroded M42 shell in a ship's lounge three to four days before the explosion.

He "showed me something that didn't look right, and I told him to throw it over the side (of the ship) and not to put it in the trash," Wetherall said.

For his plea on disobeying an order, Hoerber could be sentenced to up to two years' confinement, forfeiture of all pay, a dishonorable discharge and reduction of rank. The sentence could grow to 10 years if he is convicted of the other charges.

The Saipan, based in Norfolk, Va., was one of seven ships that carried the 7,000-member 2nd Marine Expeditionary Brigade to Iraq. The Marines, from Camp Lejeune and the adjacent New River Marine Corps Air Station, returned home in June.

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On the Net:

New River Marine Corps Air Station: http://www.newriver.usmc.mil/

USS Saipan: http://www.saipan.navy.mil/

2nd Marine Expeditionary Brigade: http://www.lejeune.usmc.mil/meb/

http://www.latimes.com/news/nationwo...orld-headlines


Ellie

[thedrifter]

Marine found responsible for explosion on USS Saipan
April 17,2004
ERIC STEINKOPFF
DAILY NEWS STAFF

After four hours of deliberation, a military jury Friday decided a New River Air Station Marine was responsible for an explosion last year that injured 11 Camp Lejeune Marines aboard the USS Saipan in the Persian Gulf

Sgt. Mark S. Hoerber, 24, of Miami, assigned to Marine Aviation Logistics Squadron 29, Marine Aircraft Group 29, 2nd Marine Aircraft Wing, was found guilty of one count of improperly hazarding the amphibious assault ship and a Marine CH-53E Super Stallion helicopter and two counts of recklessly endangering the lives of the Marines and sailors in the helicopter and on the ship.

Hoerber carried a decade-old U.S. submunition that he found in southern Iraq onto the helicopter and then the ship.

The all-male jury of five officers empaneled for the general court-martial sentenced him to 30 days in the brig, forfeiture of $200 a month for two months and reduction to the rank of lance corporal.

Hoerber was acquitted on one count of aggravated assault with a means likely to produce grievous bodily harm and one count of destruction of government property. The charges stemmed from when a 3-inch long M42 submunition exploded May 7, 2003, in a trash can adjacent to berthing area where about 150 Marines and sailors were living.

The shaped armor piercing charge of the small explosive blew through the elbow and forearm bones of one Marine and bomb fragments spread throughout the berthing area injuring the others. Hoerber himself suffered injuries in the blast.

Tuesday Hoerber pleaded guilty to disobeying a lawful general order by bringing an unidentified type of unexploded howitzer submuntion aboard the ship, but there was no evidence presented in court to directly connect Hoerber to the explosion.

Hoerber's mother closed her eyes, dabbed tears from her face and held Hoerber's father's hands as the verdict was announced. Hoerber didn't flinch as he stood at attention.

At least eight of those injured sat in the audience behind Hoerber's family.

In an unsworn statement to the jury, Hoerber said amid sniffles and barely able to fight back the tears that he had never heard of the U.S. Central Command general order prohibiting war trophies and that he never meant to put anyone in danger.

Lead military prosecutor Capt. Winston McMillan said Hoerber had no reason to bring unexploded ordnance onto a military helicopter and warship.

"He acted as if he was on a playground, wandering around burnt out bunkers like he was on a field trip," McMillan said. "This is not just a simple mistake. It's a serious offense that caused other lives to be put in jeopardy."

McMillan asked for nine months confinement and a punitive discharge, but lead civilian defense attorney Richard McNeil of Jacksonville asked for no jail time.

"People who sell drugs intentionally get bad conduct discharges - he does not deserve that. We should reserve confinement for the people doing drugs or who were stealing," McNeil told the jury.

Military defense attorney Capt. Gino Laratta called a first lieutenant and two staff sergeants to the stand who had worked with Hoerber. They described him as a proficient, approachable and highly reliable UH-1N Huey helicopter engine mechanic.

In what became a very emotional testimony, Hoerber's mother and stepmother explained amid tears how respectful he was growing up.

"He really thought that he'd found his place in the Marine Corps," said stepmother Beth Hoerber.


Contact Eric Steinkopff at esteinkopff@jdnews.com or 353-1171, Ext. 236.

http://www.jacksonvilledailynews.com...0&Section=News


Ellie