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Marines may face charges in Mexico incident
BY BLAKE SCHMIDT AND JEFFREY GAUTREAUX
Feb 8, 2006

An internal investigation is under way into the conduct of four Yuma Marines who allegedly struck and dragged a man with their vehicle in Mexicali in January.

First Lt. Kevin Schultz, Marine Corps Air Station Yuma spokesman, said he could not discuss any details of the investigation. "Their unit has begun an investigation with the Criminal Investigation Division," he said.

Currently, there are no criminal charges pending in any jurisdiction against the four Marines: Lance Cpls. Manuel Mercedes, Alexander Tierney, William Luna and Cpl. Rufus McCall, who all are in their 20s and stationed at MCAS, according to Calexico Police Detective Sgt. Gonzalo Gerardo.

The four were in Mexicali at clubs on Jan. 28 and into the early morning hours of Jan. 29 when the hit-and-run allegedly occurred, Gerardo said.

Mercedes, who was driving the small silver sedan, allegedly struck Charles Wong, 23, of El Centro with the vehicle and dragged him along the ground. Wong is in serious condition at the University of California-San Diego Medical Center, according to a hospital spokeswoman.

Charles' father, Steve, said that the Marines were driving in circles in an attempt to get his son out from under the vehicle. He said his son, a bartender at the Burgers and Beer restaurant in El Centro, was conscious throughout the ordeal.

"We'd like to see justice done. You can't just run over a human being and get away with it. On top of that it was a military person running over an American citizen," Wong said in a phone interview from the hospital.

Steve Wong said his son had surgery Monday to repair three tendons that were severed in his leg. Blood drives have been held to help Charles Wong.

A request to interview Charles Wong was denied. His father said it could be "months to years" before he would be released from the hospital.

Steve Wong promised some sort of action within the week, though he wouldn't be any more specific.

Capt. Beatriz Yarrish, MCAS spokeswoman, said the Marines were currently at the base and on regular working status. "No charges have been filed anywhere at this point," she said.

Yarrish said the base has gathered the reports from the different agencies that investigated the incident.

The Attorney General's office for Baja California said they had no record of charges filed in the case Wednesday. Ali Law, spokesman for the Mexicali Police, said he found no police report filed for the incident. Gerardo said Calexico police forwarded their report of the incident to the State Judicial Police in Baja Calif.

According to Gerardo, police believe the incident occurred like this:

The Marines were at one of two clubs, M2 or Rah, when a fight broke out. They were leaving the club and the fight when their vehicle allegedly struck Wong. Wong was dragged, but Gerardo did not know what distance or what speed the vehicle was going when it allegedly hit him.

The Marines left the scene and continued on to the U.S. Port of Entry at Calexico West. While they were in line to get back into the U.S., Gerardo said Wong's friend, Carlos Gonzalez, was beating on the vehicle and breaking the windows.

"He was saying, ‘You killed my friend,’ ’’ Gerardo said.

At the port of entry, Customs and Border Protection officers saw Gonzalez and called Calexico Police about the vandalism. Gerardo said the Marines had placed Gonzalez under a citizen's arrest because he was damaging their vehicle.

When officers spoke to the Marines, Gerardo said their stories showed inconsistencies. "After a while, the driver said he ran over somebody in Mexicali," Gerardo said.

Gerardo said skin and blood was clearly visible on the undercarriage of the vehicle. Officers took pictures of the car.

Mercedes did not show symptoms of intoxication, so he was not given a breath test or processed for driving under the influence. Gerardo said the other three Marines showed signs that they had been drinking.

Schultz said military police from the base drove to Calexico to bring the Marines back to Yuma. He said the vehicle has since been released back to the owner.

The base declined to confirm the names of the Marines involved or reveal to which unit they belong.

Yarrish said Marines are not restricted from going to Mexico, but if they are going to make such a trip, they must file a request, known as a "chit," up to a week in advance and have it cleared through their supervisor who, in turn, clears it through the commanding officer.

Yarrish said the chit ensures that the Marines have a plan for what they are going to do and have taken the necessary precautions to ensure safety. Schultz declined to comment on whether the four Marines had submitted a chit to go to Mexicali, citing the fact that the incident was under investigation.

Ellie