Marine given eight years for assault on a sergeant

[thedrifter]

Marine given eight years for assault on a sergeant
October 17,2003
ERIC STEINKOPFF
DAILY NEWS STAFF

A Marine lance corporal who used a metal pipe to beat a sergeant who told him to quiet down so that other leathernecks could watch a basketball game on television was sentenced to eight years in prison Thursday.

Cpl. Francisco T. Ruiz, 21, a bulk fuel specialist from San Bernadino, Calif., pleaded guilty to maiming and aggravated assault as part of a plea agreement.

In exchange for Ruiz's guilty plea, the government dropped an attempted murder charge against Ruiz, who is assigned to Headquarters and Service Company, 8th Engineer Support Battalion, 2nd Force Service Support Group, II Marine Expeditionary Force.

In addition to prison time, Ruiz was reduced to a private, given a dishonorable discharge and will forfeit of all pay and allowances.

The sentence was imposed by military judge Lt. Col. Martin H. Sitler during a general court-martial.

The attack on the sergeant and another Marine happened Feb. 5 in a Camp Lejeune barracks.

Ruiz testified that he drank several beers and some Vodka before joining other Marines on the second floor of the barracks.

Noise from the group disturbed Marines watching a basketball game in a nearby lounge. A sergeant in the group confronted Ruiz and the two argued, Ruiz said.

Ruiz said that he went back to his room in a nearby barracks, drank more beer and Vodka.

"I went to my room to cool off," Ruiz said. "(But) I got mad and left the room looking for a baseball bat. I walked around the barracks for about 45 minutes looking for a weapon."

Ruiz said he found a 3-foot long, 1-inch diameter length of metal pipe and headed back to the lounge. Outside the lounge, he covered his face with a beanie and neck warmer then went inside and attacked the sergeant.

"I walked up to him and hit him from behind while he was seated," Ruiz said. "He put his hands to his face and I hit him a second time. I swung it like a baseball bat - in a sideways motion."

The sergeant suffered a fractured scull and facial bones, a shattered jaw, a 3-inch laceration on his chin and several broken fingers.

A private first class who tried to stop the attack was struck in the shoulder.

Civilian defense attorney Richard "Dick" McNeil introduced character references and performance reports for Ruiz. A friend of Ruiz's also testified on his behalf.

"I've never seen him act like that - it's completely out of character," said Monique S. Lecompte from Grand Terrace, Calif.

Prosecutor Maj. Devin Winklosky asked for the maximum penalty of 10 years for Ruiz

"The accused spends one day in court, does his time and it's over, but every time (the victim) looks at the scars in the mirror he will remember this for the rest of his life," Winklosky said.

The pre-trial agreement was approved by 2nd Marine Expeditionary Brigade commander Brig. Gen. Richard Natonski on Oct. 10.


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



Chuck Beckley/Daily News
Cpl. Francisco T. Ruiz of 8th Engineer Support Battalion was sentenced to eight years in prison for his assault on a sergeant


http://www.jacksonvilledailynews.com...5&Section=News


Sempers,

Roger

[Sgt Sostand]

8 years that to easey they should have made it 20 for attacking a SGT

[richgitz]

Your right Sgt Sostand, 20 yrs would be more in line, for that
crime. There's just one other fact I don't understand, Booze
in the Barracks. If he didn't have the booze, this probably would
not have happened.

[Devildogg4ever]

I have to agree with both of you! 20 years is a start! When did they start allowing booze in any barracks? Thats just asking for trouble!

[Mudwalker]

How about 20 yrs at hard labor. If he really walked around for 45 min looking for a weapon then he should have been found guilty of attempted murder, with no question what so ever. Just another example of how our Corps is deteriorating. I am for "Quality of Life" in the barracks but we have let it go too far. Remember the days when all that you were allowed to own had to be able to be stored quickly and easily in order to deploy? Now these kids have home entertainment systems in the barracks. Some units allow these young Marines to have personal furniture such as recliners. As far as alcohol in the barracks, they have been given no choice since the majority of the E-Clubs and NCO clubs are gone.

[Tude]

Twenty years ,seems about right ,type of discharge is right.

Me thinks our Marine Corps. is going down hill ?

I served Peace time 1958-1961 >>>0311 We had some problems with rowdy Marines ,we dealt with them !!!

Of course Marines back than were not cuddled and catered to, the way many Marines are today.

There is something wrong and it needs fixing BIG TIME !!!!!

Semper Fidelis
Jimmy/Tude

[Art Petersn]

The attempted murder charge should have stayed.

For a Clp. to attach a Sgt. with a wapon has to be attempted
murder.

[corporal bull]

I cant believe a coropal would have committed such a crime on another marine. It makes me sick !