CASE DISMISSED! - Marine Sniper Cleared Of Manslaughter Charges
OOHRAH!
North County Times
General orders case dismissed against Sgt. John ‘Johnny’ Winnick II
By MARK WALKER - Staff Writer | Thursday, July 24, 2008
CAMP PENDLETON —- Manslaughter and dereliction of duty charges have been dropped against a Marine sniper accused of wrongfully killing two men he suspected were planting a roadside bomb in Iraq last year.
The dismissal of charges against Iraq war veteran Sgt. John “Johnny” Winnick II of San Diego was ordered this week by Camp Pendleton’s Lt. Gen. Samuel Helland, head of the base’s I Marine Expeditionary Force.
Helland’s action came after a hearing officer who presided over a two-day investigative hearing into the circumstances of the incident recommended the charges be dismissed.
“In light of all the circumstances, the commanding general of I MEF had determined that Sgt. Winnick’s actions do not warrant referral to court-martial,” said Marine Corps spokesman Mike Alvarez.
The dismissal is the latest in a series of favorable rulings for Camp Pendleton Marines accused of unlawful killings in Iraq.
Winnick’s father, John Winnick Sr., said he was “overjoyed” to learn that his son will not face further prosecution in the incident that took place in the Anbar province on June 17 last year.
“It shows justice truly does exist in our system,” he said. “Johnny is an excellent Marine and a man of integrity who was just doing his job.”
Gary Solis, a former Marine prosecutor and judge who teaches military law at Washington’s Georgetown University, said the Winnick case stands out from others because of the testimony during the hearing that showed he had reason to believe the men were involved in planting a roadside bomb.
“It boils down to a judgment call of what constitutes positive identity on the part of a Marine who has to make a split-second decision versus what a commander may later assess,” Solis said during a telephone interview. “Lacking clear-cut evidence of wrongdoing, do we really want to send a Marine to trial?
“You have to wonder how a case like this got this far,” Solis continued. “Sometimes, it seems like the Marine Corps is eating its young.”
Winnick was leading a sniper team near a Marine outpost in an area that had been hit with two roadside bomb attacks. As he and his five men watched, two vehicles drove up and the men inside got out of the vehicles and appeared to prepare the surface of the roadway for a bomb, according to undisputed testimony.
Shortly after those vehicles departed, an 18-wheel semitrailer stopped at the same spot. The driver got out, according to testimony, crawled under the truck and appeared to place a bomb on the roadway. At that point, Winnick fired at the man, killing him. His men also began firing at the truck and three other men who emerged from its two-seat cab.
As Winnick and another Marine ran up to the truck, a second man who had been wounded was crawling toward a cell phone, prompting Winnick to fatally wound him with a shotgun blast, according to the testimony.
A search of the truck cab and cursory search of the trailer did not turn up any weapons, bomb-making material or shovels. Testimony showed that the truck went unguarded and disappeared within a day.
The dereliction charge alleged that Winnick had failed to follow the rules of engagement requiring positive identification.
Capt. Oliver Dreger, an intelligence officer for Camp Pendleton’s 3rd Battalion, 1st Marine Regiment that included Winnick’s platoon, testified the squad had been sufficiently briefed on the rules of engagement.
But much of the hearing focused on confusion about those rules. The platoon commander, Lt. Dominic Corabi, testified that snipers had no clear understanding about when they could shoot a suspected insurgent at long range. Senior commanders, he said, were unable to define terms such as “hostile intent” and “positive identification.”
The charges were dismissed without prejudice, meaning they could be refiled if new evidence comes to light.
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…and as I softly drift asleep tonight, all tucked in, I can’t help but smile knowing hundreds of muslims are rioting, burning effigys, and shitting bricks because of this ruling.
July 24th, 2008 at 10:15 pm
July 24th, 2008 at 10:27 pmI really hope CPT Dreger has a very short Marine Corps career. He sounds like another Wes Clark in the making. Nothing like deflecting all blame and responsibility and holding your Marine’s accountable for your incompetence.
July 24th, 2008 at 11:10 pmFog of war, I feel bad for the civilians, but punishing a good marine for the mistake only adds another mistake to the bill, so its best to apologize to the family, give them some monetary support and let the marine free to be rebriefed on his roe.
July 24th, 2008 at 11:22 pmThere was only a cursory examination of the truck, and it vanished shortly afterwards. I’d say there was a better than 50-50 chance it was “dirty”.
July 25th, 2008 at 12:45 amThe rules of engagement require “positive identification”? That is insane. Lawyers could easily interpret that as requiring proof beyond any reasonable doubt, just as we employ for verdicts of guilt in civilian criminal trials: an impossible standard for fighting a war. Given that failure to follow rules of engagement creates a strong presumption of guilt at a time when international war crimes tribunals are looking to ways to prosecute our soldiers for fighting at all, it is flat-out crazy for our military to be issuing rules of engagement that soldiers HAVE to violate in order to fight at all. Eating our young is the right description.
July 25th, 2008 at 1:17 amGood for him
July 25th, 2008 at 1:21 am
July 25th, 2008 at 3:46 amI hate that these men have to worry about this shit when all they are doing is trying to protect themselves. I would have done the same thing. I am glad that the charges were dismissed.
July 25th, 2008 at 3:50 amSemper Fi? Once again another Marine does the right thing to keep his brothers in arms safe and pays a price. Yes, he has been cleared, but this will not soon be forgotten by the brass at JAG!
Outside of one incident, portrayed in a movie that shall not be mentioned by name on this site, our young men and women in uniform have preformed masterfully and honorably!!
Semper Fi to all but JAG and politicians who prefer to call our Marines “cold blooded killers”!!
July 25th, 2008 at 5:03 amSoldiers and Marines are not policemen, quit trying to make them into policemen. It only makes for more dead Soliers and Marines.
Way to go Marine!
July 25th, 2008 at 5:20 amGreat to see the good guy win - seems like the Marines are winning in the court room as well as the battlefield - this, along with the Haditha rulings, leaves a big grin on my face
July 25th, 2008 at 5:50 am…That’s because the hypersensitive bitches driving the bus all came up under the Clinton umbrella so it is more important to look good than be good. A young Marine makes a decision in the field that the REMF’s reading the after action report don’t agree with and BANG! another warfighter thrown under the buss so we can make nice for the cameras…
July 25th, 2008 at 6:24 amGood news.
July 25th, 2008 at 6:25 am
July 25th, 2008 at 6:29 amAnd the truth shall set them free…
Carry on Soldier…
July 25th, 2008 at 8:22 amFuck JAG and all the second-guessers. War ain;t CSI, it ain’t a game. Split-second decisoion making can mean the difference between a live troop and a dead one.
Stupid dhimi JAGS. I fart in your general direction.
July 25th, 2008 at 8:37 amChessani is still going through the court martial crap though. I’m so pissed by what their doing to this GOOD MAN.
July 25th, 2008 at 8:42 amYou have to wonder how a case like this got this far,” Solis continued. “Sometimes, it seems like the Marine Corps is eating its young.”
Thats the impression I got when I served in iraq.
July 25th, 2008 at 11:45 am___________________________________________
Someone explain to me what else those Iraqis could have been doing.
What are the odds of two, apparently unrelated vehicles stopping at exactly the same spot within minutes of each other.
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My theory, first vehicle’s crew prep the asphalt for digging and leaves.
The second vehicle’s crew digs the hole and takes off.
The third vehicle’s crew plants the IED.
The third vehicle never shows up because crew #2 got whacked.
Opinions anyone? Please
July 25th, 2008 at 7:25 pmYut yut- I was in the Army in Iraq and it certainly is no better there. Way to much CYA going on.
July 25th, 2008 at 8:56 pmYut yut- I was in the Army in Iraq and it certainly is no better there. Way to much CYA going on.
July 25th, 2008 at 8:56 pmdilly,
There was no mistake by my son. He has been to Iraq on tour four times. He has been promoted before for taking out an insurgent bomber. Sgt. Winnick’s actions result from excellent Marine Scout Sniper training, experience, genius, and insight in a very difficult war and ROE.
He has been training the Iraq citizens and soldiers to defend themselves so we can leave their blessed country.
John Winnick, Sr.
July 25th, 2008 at 11:03 pmdilly,
There was no mistake by my son. He has been to Iraq on tour four times. He has been promoted before for taking out an insurgent bomber. Sgt. Winnick’s actions result from excellent Marine Scout Sniper training, experience, genius, and insight in a very difficult war and ROE.
He has been training the Iraq citizens and soldiers to defend themselves so we can leave their blessed country.
John Winnick, Sr.
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God Bless you and your son sir. My husband is also an active duty US Marine (23 years). I don’t know how we would have been if my husband was placed in the same position as your son. I have been praying for your son every since I first heard the news.
My thoughts and prayers are with you both.
LBA
July 26th, 2008 at 9:12 am