Barracks assault:Two junior Marines plead guilty to attacking a fellow leatherneck

[thedrifter]

October 25, 2004

Barracks assault
Two junior Marines plead guilty to attacking a fellow leatherneck

By C. Mark Brinkley
Times staff writer


CAMP LEJEUNE, N.C. — Two Marines convicted of participating in a violent and degrading assault against a fellow Marine got off with light punishments, thanks to pretrial agreements arranged before their special courts-martial.
Lance Cpl. Jason A. Hubner, 21, of Brattleboro, Vt., an assaultman assigned to 3rd Battalion, 2nd Marines, offered no motive during his Oct. 14 hearing for why he participated in the Aug. 28 barracks-room attack on a private first class from his unit. The Marine was tied to his bed, stripped naked and whipped with a rifle sling, among other offenses.

Military judge Lt. Col. Michael B. Richardson sentenced Hubner to six months in the brig, forfeiture of $750 per month for six months, a reduction in rank to private and a bad-conduct discharge.

A pretrial agreement limited Hubner’s jail time to only 45 days, however — the length of time he has spent in the brig since the attack. The remainder of the time will be suspended for a year, a term in which Hubner must stay out of trouble to avoid another four months in the brig.

The agreement also suspended the bad-conduct discharge until the end of Hubner’s active service agreement. If the Marine stays out of trouble, he could leave with an honorable discharge.

Richardson said the punishment seemed light, considering the circumstances of the crime.

“Make no mistake about it, Lance Cpl. Hubner, you have yourself one fine defense attorney to get you that deal,” Richardson said after the proceedings. “I hope you make up for what you’ve done on your next deployment.”

Another of the assailants fared much the same at his special court-martial the following day. Pfc. Daniel L. Hossler, 20, an assaultman with 3/2, from Pottsville, Pa., pleaded guilty to charges of assault and was sentenced by military judge Maj. Alan F. Williams to 60 days’ confinement, forfeiture of $795 a month for two months, reduction in rank to private and a bad-conduct discharge.

Hossler’s pretrial agreement suspended the punitive discharge and any jail time in excess of the 46 days already served until the end of his active service commitment. If he stays out of trouble, the punishments would go away and Hossler could leave the service with an honorable discharge.

Charges of drunk and disorderly conduct against both men also were dismissed as a condition of the pretrial agreements, although court testimony made clear that alcohol played a significant role that night. The incident began as a booze-induced practical joke, but became a violent attack, Hubner admitted during his trial after pleading guilty to charges of assault and kidnapping.

A joke turns violent

Hubner said the private first class, who was new to the unit, passed out face down on his own bed about 10 p.m. after an evening of partying. Hubner tied the sleeping Marine’s wrists to the bed’s headboard posts with parachute cord, while other Marines duct-taped his feet to the footboard posts.

The group — at least two or three Marines, Hubner said, his memory clouded by “more than five” strong rum-and-Coke drinks — proceeded to assault the junior Marine. Hubner admitted to hitting the Marine with a rifle sling, scraping his back with a rifle-cleaning rod and covering his head and face with brown camouflage paint.

The others joined in, hitting the Marine with the sling until he cried and also pouring laundry detergent on him. References were made to “crumbled-up crackers” and salt that were placed on the junior Marine’s naked buttocks, but the details of that assault are unclear. Hossler admitted to striking the Marine with the sling and placing the salt packets on his buttocks.

At one point, the Marine was partially freed so he could urinate in a cup, then restrained again, according to courtroom testimony.

When the assault was over, Hubner and Hossler cut the Marine free, with Hubner saying, “Congratulations, you’ve earned a lot of people’s respect,” according to courtroom testimony. The victim had been with the unit for only a month.

“My pride has been broken, and I feel violated,” the victim said in a statement, partially read by prosecutor 1st Lt. Babu Kaza during both hearings. “My friends did this to me while I was incapacitated and did things to me that I would not let happen if I were in a similar situation. I don’t want to see them ever again.”

Marine Corps Times is not identifying the victim. He returned to training with the unit, and although the assailants are also returning to 3/2, the victim and assailants won’t be in the same company, Marine officials said. Decisions regarding who will end up where were pending Oct. 15.

Both Hubner and Hossler asked to deploy to Iraq in February as planned. They deployed with the battalion to Iraq in 2003, earning the Combat Action Ribbon and Presidential Unit Citation, before later deploying with 3/2 for operations in Afghanistan.

The two apologized for their roles in the assault.

“It shouldn’t have happened, sir,” said Hubner, who was the senior Marine in the room that night. “It’s uncalled for, inappropriate.” According to courtroom testimony, Hossler did not stay in the room for the entire attack.

At least one more Marine from 3/2 faces a special court-martial for his role in the attack.

Cpl. Jeremy M. Terhune, 23, a rifleman from Navarre, Fla., is charged with dereliction of duty and two counts of violating Article 134, the “general article” covering numerous offenses disruptive to good order and discipline. As of Oct. 15, a date for Terhune’s trial had not been set.

Provisions of both Hubner’s and Hossler’s pretrial agreements require that they testify in Terhune’s case, if necessary.

Two other Marines from the battalion received non-judicial punishment for their roles in the assault. The status of another Marine under investigation in the case has not been disclosed.

http://www.marinecorpstimes.com/stor...PER-454466.php


Ellie

[Namvet67]

Sounds like Marine Corps boot in the 60's.

[hrscowboy]

both of these marines should be in leavenworth and a dishonorable discharge. There is no reason what so ever for this kinda of **** going on against another brother. If he was in bootcamp and he was screwing up thats one thing but it appears he wasnt in bootcamp.

[Namvet67]

I agree hrscowboy. Marines don't fight each other has been my motto since I got out of bootcamp. I think there was some kind of a breakdown in senior management here.

[benny rutledge]

Immediate Dishonorable Discharge,escorted off the Base by MP's,never to use the Title UNITED STATES MARINE again,followed by an ass kicking by the local PD.
And by the way GBUDD,I went thru Boot in 67',No one in our platoon or Company displayed any dishonorable drunken animal
behavior.
Happy Birthday Brother and Sister MARINES!!!!

[Osotogary]

Back in the late sixties in San Francisco, in a warehouse where I worked as a Gov't employee, with shared space to a Marine Corps Storage and Holding Area (household goods and all), there was a dispute between two individuals (Marines). The dispute had escalated to a point where everyone within hearing distance became aware as to what what was transpiring. Any how, I saw about five Marines take the freight elevator to their 2nd floor area, away from their offices and about 15 to 20 minutes later everyone arrived back to do their jobs. That seemed to the end of it. Just two Marines duking it out. I imagine that life has gotten a little bit more complicated now-a-days.

[cjwright90]

Fisticuffs is not so bad, but tying him to the bed, TWICE!? I was DNCO one night and a LCPl had a few too many, did not like me for whatever reason and wanted to fight me when I was off shift. He tried to climb into my window. Took some shots at me, too, but missed. One T-Bar slam to the deck, along with an immediate subdual by chokehold, and he was done. all he got, or should I say all I gave him, being a Marine, was the "special duty" of push broom sweeping the entire parking lot of 2 barracks. Effective, with no career ending punishments.