Charge dropped in Marine training death

[thedrifter]

Charge dropped in Marine training death
WISTV

(Parris Island-AP) January 5, 2006 - A military judge has dropped a charge of failing to obey orders against a Marine swim instructor in the death of a recruit at Parris Island last year.

Staff Sgt. Nadya Lopez still faces a charge of negligent homicide in the death of recruit Jason Tharp last February, said Maj. Guillermo Canedo, a spokesman for the Marine Corps Recruit Training Depot at Parris Island.

A military judge last month granted a defense motion to dismiss the failure to obey orders charge and to delay the court-martial until February 27th, Canedo said.

The failure to obey orders charge was deemed "too constitutionally broad," said Canedo.

The trial had been scheduled for later this month but was delayed after another Marine Corps lawyer was added to Lopez' legal team.

Tharp, 19, of Sutton, West Virginia, drowned February 8th in a swimming pool during water-survival training.

The maximum punishment for a negligent homicide conviction is dishonorable discharge, forfeiture of all pay and allowances and confinement for three years.

An investigation into the death led to a two-day Article 32 hearing, similar to a civilian grand jury proceeding, last August. The investigating officer recommended a court-martial.

At the hearing, prosecutors contended Lopez was negligent because she ignored signs Tharp was in trouble while swimming. The defense argued Lopez was doing her job within reasonable bounds.

Tharp was in about 8 feet of water trying to tread water at the time of the incident, according to an autopsy report.

The day before he died, Tharp was caught on videotape WIS. A drill instructor can be seen grabbing and pushing Tharp on the side of the pool.

Three other Marines were administratively disciplined in the incident.

Posted 10:46am by Bryce Mursch

Ellie

[thedrifter]

January 05, 2006
Recruit-death charge dropped
Associated Press

PARRIS ISLAND, S.C. — A charge of failing to obey orders has been dropped against a Marine swim instructor in the drowning death last year of a recruit from West Virginia.

But Staff Sgt. Nadya Lopez still faces a charge of negligent homicide in the death of recruit Jason Tharp last February, said Maj. Guillermo Canedo, a spokesman for the Marine Corps Recruit Training Depot at Parris Island.

A military judge last month granted a defense motion to dismiss the failure to obey orders charge and to delay the court-martial until Feb. 27, Canedo said.

The failure to obey orders charge was deemed “too constitutionally broad,” Canedo said.

The trial had been scheduled for later this month but was delayed after another Marine Corps lawyer was added to Lopez’ legal team.

Tharp, 19, of Sutton, W.Va., drowned Feb. 8 in a swimming pool during water-survival training.

The maximum punishment for a negligent homicide conviction is dishonorable discharge, forfeiture of all pay and allowances and confinement for three years.

An investigation into the death led to a two-day Article 32 hearing, similar to a civilian grand jury proceeding, last August. The investigating officer recommended a court-martial.

At the hearing, prosecutors contended Lopez was negligent because she ignored signs Tharp was in trouble while swimming. The defense argued Lopez was doing her job within reasonable bounds.

Tharp was in about 8 feet of water trying to tread water at the time of the incident, according to an autopsy report.

The day before he died, Tharp was caught on videotape by Columbia television station WIS. A drill instructor can be seen grabbing and pushing Tharp on the side of the pool.

Three other Marines were administratively disciplined in the incident. The television crew was at the depot working on a story on South Carolina military bases.

Ellie