Marine trying to get away with murder, prosecutor alleges

By: MARK WALKER -- Staff Writer
Case of New Year's Eve stabbing of Iraqi army private playing out in a Camp Pendleton courtroom | Tuesday, December 4, 2007 12:01 PM PST ∞

CAMP PENDLETON ---- A Marine lance corporal is trying to get away with murder by claiming self-defense in the stabbing death of an Iraqi army private, a prosecutor said this morning.

"This case is about murder and lies," the prosecutor, Maj. Christopher Shaw, told jurors hearing the case against Lance Cpl. Delano V. Holmes. "Don't let the accused get away with murder."

Holmes' lead attorney Steve Cook told jurors the case is really about the Marine fearing for his life while struggling with the Iraqi during a fight stemming from Pvt. Munther Jasem Muhammed Hassin's refusal to quit using a cellphone and smoking, exposing the two to possible sniper fire.

"The evidence will show that Lance Corporal Holmes did what he had to do," Cook said. "They were told to behave on post as if they were a target. It was critically important they not give away their position."

Holmes is charged with unpremeditated murder and lying to investigators following a New Year's Eve fight in a small, elevated guard station at a civil and military affairs operations center just outside Camp Fallujah in Iraq.

Shaw told the three officers and five enlisted on the jury that while the prosecution lacks a clear motive for why Hassin was killed, Holmes has repeatedly lied about the incident.

Holmes watched intently as Shaw described how the 6'2 Indianapolis native who weighs 190 pounds had no visible wounds after the fight with the 5'4,124-pound Iraqi.

"The victim has 17 stab wounds, 26 cuts and one chop inflicted by the accused," Shaw said during his opening statement. "After he stabbed him, he took the victim's AK-47, fired it in the air, moved his body and then began a series of lies to cover up what he had done."

Cook said in his opening remarks that his client was put on guard duty with a man he could not communicate with and who refused entreaties to put out the cigarette and stop using the cell phone. The light from each illuminated the guard post to nearby apartment buildings and a mosque that had been used by snipers to fire at the guard station, Cook contended.

The fight began, Cook said, when Holmes knocked the cigarette from the Iraqi's hand shortly before 6 a.m. on Dec. 31 of last year.

"As they are wrestling, he feels Iraqi reaching for his AK-47," Cook said. "He (Holmes) retrieves the only weapon he has access to, which is the bayonet, and he uses it until the Iraqi is no longer fighting back."

Cook asserted a subsequent probe by the Naval Criminal Investigative was "shoddy" work conducted by a newly minted agent performing his first homicide investigation.

The attorney said jurors would hear during the two-week trial why Holmes did not admit until a third questioning by investigators that he had fired the Iraqi's rifle after the death. The prosecution contends that act was part of Holmes' effort to support his false version of what occurred in the guard station.

More than four dozen people are on the witness list for the trial taking place before Lt. Col. Jeffrey Meeks. Among them are several Marines whom Cook said will testify that Holmes never had a problem with any Iraqi civilian or army member during the four months they served with him.

The guard station duty was the first time Holmes had been given that assignment and he never had received any training for how to do that job, Cook said.

A member of the Michigan-based 1st Battalion, 24th Marine Regiment, Holmes' primary job was to serve as the machine gunner in a lead vehicle on a Marine quick reaction force that responded to shootings and roadside bombings in the Fallujah area.

The case continuing this morning with prosecution witnesses, including two lance corporals who also stood guard duty with Iraqi soldiers. One testified that he stood guard with the Iraqi before Holmes relieved him and that there were none of the problems that Holmes contends led to the fight.

Holmes faces a possible life prison sentence and dishonorable discharge if convicted. It is not clear if he will testify.

Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.

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You go boy! wrote on Dec 4, 2007 12:30 PM:Listen to what unckie murtha wants you to say!

Slappy wrote on Dec 4, 2007 12:31 PM:Why was our Marine even placed in such a situation? George Bush what kind of Commander and Cheif are you to allow this? If the Iraqi was trying to give away their position he needed to be killed. Give Lance Cpl. Delano V. Holmes The benifit of doubt and pin a medal on his chest and lets stop playing nice over there and let our Marines Destroy the enemy as they have been trained to do. God Bless The Marine Corps

mark wrote on Dec 4, 2007 12:51 PM:Funny how the Marine Corps's prosecutors seem to throw in that old lying to investigators charge each and every time. Translation: "you told us you were innocent of the charges". "Also the fact that you would request an attorney present during questioning removes all doubt of your guilt."

mark wrote on Dec 4, 2007 12:56 PM:Of course to be fair the defence always bring up the shoddy and amateurish investigations done by NCIS, which is just stating the obvious.

Veteran!! wrote on Dec 4, 2007 1:21 PM:These kids put thier lives on the line everyday and all we can do is find a way to Ridicule them daily. No wonder the Military has a shortage, just like the Border Patrol, sign up to go to Prison!!!!

WW1 vet wrote on Dec 4, 2007 3:24 PM:Back in the Great War we didn't have these kind of problems. We spent most of our days in the trenches and away from civilian populations. Oh we'd sometimes get to go to town but the frenchies were really nice and we never had a problem with them. Most of all we repected the French....they had been at war a lot longer than we. I guess we had old time values back then. You don't see that kind of thing anymore...respect and courtesy.

No. County Reader wrote on Dec 4, 2007 3:30 PM:We cannot walk in these young men and women's shoes nor will we try. Before you know it they won't even be allowed to load ammo in their weapons. We need to let them do their jobs and then bring them all home when it's done. We need to support our troops. I would rather stand beside them then some of the cowards I live nearby and drive near on our freeways everyday!!!

DESERT BUG wrote on Dec 4, 2007 3:33 PM:Great Heavens! Yet another outrageous persecution of a Marine. Obviously under the circumstances, Corporal Holmes was obligated to use deadly force. As for his "lying", what nonsense. Oh sure, maybe after the Iraqi was neutralized, Holmes was all charged up ~ who wouldn't be? So his memory of it was foggy ~ that means he is guilty of murder? DISMISS THOSE SILLY CHARGES, GIVE HOLMES A SILVER STAR AND PROMOTE HIM TO SERGEANT. God Bless Our Gallant Marines!! Heroic, one and all.

to WW 1 vet wrote on Dec 4, 2007 3:35 PM:You are a complete fake. There are only 4 living vets of WW I, they are all over 100 years old and for sure you are not one of them! Peddle that baloney somewhere else!

No. County Reader wrote on Dec 4, 2007 3:38 PM:WW1 Vet...Thank You for your service. Are you telling me you never killed someone while you were at war ?!! I find that hard to believe. Maybe it was a different time but war is war and it is not pretty. By the way the French do not like Americans. I've heard this from many of my military and non-military friends.

Chris wrote on Dec 4, 2007 3:41 PM:I am sick and tired of people like the above that just support a person in the military no matter what they do. Anrn't these the same people who are outraged when somone kills somone in this country and want their head. But when one of our Marines commits a killing these same people want to give them a medal. I am sick of these people who have allready aquited these Marines before the trial. After all the life of an Iraqi is of no consequence. And yet this bunch talks about how we are over in Iraq because they want to give them freedom. Bull. This war has taught me what a bunch of hatefilled bigots my fellow Americans are.

Slappy wrote on Dec 4, 2007 3:57 PM:In September 2005, there was only one remaining American WWI veteran and there were reports that he was seriously ill. Regretfully, he was soon gone. Jack J. Smith died on September 23, 2005 at age 108. He was the last man standing from World War 1. There are now no surviving veterans.

Slappy wrote on Dec 4, 2007 4:23 PM:Simply put, World War One began in the year 1914 and officially ended in 1919, The USA entered the war April 6 1917. Now for some basic math 2007 - 1917= 90 years. and lets say you were 15 when you went in that is 90 + 15 = 105. So even if you were 12 when you went in you would still be 102 years old. Now is that what your claming WW1vet?

Slappy wrote on Dec 4, 2007 5:52 PM: Relax Chris, I don’t want to give the Iraqis Freedom. I want to rain Hell on our enemies. You know the ones who brought those buildings down. That’s where I’m coming from. Killing on a battelfield Is WAR and War is hell.

To Chris wrote on Dec 4, 2007 6:44 PM:It isn't supporting these Marines NO MATTER WHAT THEY DO. They are at war and it is supporting what they have to do to come home ALIVE! AND...you cannot compare someone in this country who say...breaks into someone's house and kills somebody with a Marine fighting for his life on a battlefield. That is utter stupidity. Speaking of hatefilled bigots...it is apparent that you DO NOT SUPPORT OUR MILITARY no matter WHAT they do. You complain of the supporters, yet you are no different...just opposite stance! Mom of a Marine.

AW4cryinoutloud wrote on Dec 4, 2007 7:15 PM:Wrong Chris. We are the people who don't rush to judgment when someone is accused. Especially when we're talking about Marines who are fighting for your right to remain neverendingly bitter. Especially when we're talking about WAR! No one said the life of an Iraqi was of no consequence but, excuse me; the lives of our troops are one hell of a lot more important than the lives of anyone else. What about professed Americans who don't stand up for their own? Therein lies the hatefilled bigotry.

Rogeug wrote on Dec 4, 2007 9:08 PM:Here we go again, War is War People die Self Survival is dominate Sounds like the democrats are trying another Marine Oh I am retired Army with 22 years and fought in Vietnam Thank him for his service not condemn him If you have not been in a war You have no right to judge him You do not have a clue as to what COMBAT is like

No. County Reader wrote on Dec 5, 2007 12:30 PM:In response to Chris...You are afforded the right to an opinion because of ALL the men and women in military uniforms at home and abroad. I know several men that recently returned from their 3rd deployment, were injured while in another country and refused to be sent home after leaving the hospital while overseas. They went back into danger and finished their deployment to protect those less fortunate in other countries and to protect our American rights. Freedom of Speech being one of them !!!

Paradigm wrote on Dec 11, 2007 5:59 AM:It was not a guard post outside Camp Fallujah. It was a guard post dead center of Fallujah in a CMOC, the last Marine company to be stationed inside the city. First on the rules of engagement gives a troop the right to defend himself. Read other reports about this and see that this particular guard post has been attacked regularly by snipers.

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