MILITARY: Marine sniper facing manslaughter charges
Camp Pendleton sergeant accused of violating rules of engagement in 2007 shooting in western Iraq
By MARK WALKER - Staff Writer | ∞
CAMP PENDLETON ---- A Marine sniper has been charged with two counts of voluntary manslaughter in the June 2007 deaths of two civilians in Iraq.
The sniper, Sgt. John Winnick II, faces additional accusations of aggravated assault against two other civilians and failing to adhere to the military's rules of engagement.
The charges represent the fifth case involving alleged unlawful killings in Iraq to have been brought against Camp Pendleton Marines since the U.S. invasion in March 2003.
A hearing for Winnick will take place at Camp Pendleton this summer to determine if the charges against him should stand.
The charges were disclosed to the North County Times during a Thursday telephone conversation with Gary Myers, a civilian attorney who has been hired to represent Winnick. He added he had just been brought into the case and had not yet received a full briefing.
A Marine attorney with intimate knowledge of the case also confirmed the charges, which have not been made public by base officials.
According to a charging document, Winnick is alleged to have killed the civilians on June 17 while operating out of Combat Outpost Golden near Lake Tharthar in Iraq's western Anbar province. The charges also allege he fired at two others without first making a positive determination that any of the civilians posed a threat.
Winnick was a member of Camp Pendleton's 3rd Battalion, 1st Marine Division working with the base's 13th Marine Expeditionary Unit when the incident occurred.
"The basic allegation is that he shot these people without justification and not having positively identified them as having hostile intent," said the Marine attorney who requested anonymity because the charges have not yet been announced publicly.
If ordered to trial and convicted, Winnick could face up to 40 years in prison and a dishonorable discharge. He was on his fourth combat assignment when the incident occurred, according to the Marine attorney.
Prosecutors have asked that a fact-finding Article 32 hearing for Winnick take place as soon as next week, but his attorneys are requesting a delay to give them more time to prepare their case.
Twenty other base troops have been charged with unlawful killings in Iraq.
Seven Marines and a Navy corpsman were charged in 2006 with the killing of a retired Iraqi policeman. All were convicted or pleaded guilty to offenses related to that incident, with the squad leader in that case, former Sgt. Lawrence Hutchins III, convicted and sentenced to 15 years in prison. His sentence was later commuted to 11 years behind bars.
Four officers and four enlisted men from the base were charged with offenses in the slaying of two dozen Iraqi civilians in the city of Haditha in 2005. Six of the eight, including an enlisted man represented by Myers, have since been acquitted or had charges withdrawn.
A fourth case involves the killing of four suspected insurgents that a squad of Marines detained during fighting in the city of Fallujah in 2004. Two Marines are being prosecuted on murder charges at Camp Pendleton in that incident while their squad leader, Jose L. Nazario, is being prosecuted as a civilian in U.S. District Court in Riverside because he is no longer in the Marine Corps and not subject to recall into the service.
The fifth case involved the killing of an Iraqi army soldier by Lance Cpl. Delano Holmes after the two got into a fight while standing guard duty at Camp Fallujah on Dec. 31, 2006. Holmes was convicted by a base jury of negligent homicide last December, ordered reduced in rank and given a bad conduct discharge.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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wrote on Jun 5, 2008 5:57 PM:So, let me get this straight...
They are trying to prosecute a SNIPER for doing his job and potentially saving lives or...
are we now going to issue "bad guy" ID cards so our Marines can go up to insurgents and say: "Hello Mr. Suspected bad guy, may I see your bad guy ID card before I take action against you?"
Give me a break! War is war and this kind of thing is ridiculous. Either we kowtow to the bad guys and lose more lives or we fight to win.
set him wrote on Jun 5, 2008 7:01 PM:FREE
Rich wrote on Jun 5, 2008 11:03 PM:I'd like to let everybody know that this Marine is not just ANY Sniper. He is a WAR HERO. If you have ever read the book "My Men Are My Hero's" then you will find out very quickly that Sgt. Winnick is an outstanding Marine! I have served with him during 2 combat tours and there is no BETTER Marine to serve with!
Sick wrote on Jun 6, 2008 6:22 AM:This is sick that our Marines and other service members have to think about getting prosecuted by these non-knowing civilians back home before they make a potentially life-saving or life-ending decision. Nevermind that the same non-knowing civilians sent them there to do that same function.
So when wrote on Jun 6, 2008 6:44 AM:all of our combat troops decide they won't fire at anyone because they may get charges brought against them will everyone be happy? Meanwhile our enemies kill the troops and us. Makes a lot of sense. Somebody tell the prosecutor and those with him there is a war on. Maybe they should spend a few weeks over there to see what war is really like and get out from under their desks stateside!
Kevin wrote on Jun 6, 2008 7:00 AM:Thank you guys for protecting us and keeping our freedom. I think most people feel the same!
Unimaginable wrote on Jun 6, 2008 8:25 AM:I can't even imagine the amount of physical and mental stress these men go through when they are in Iraq. They somehow manage to make it though alive only to come home to something like this. It's truly unimaginable.
effer wrote on Jun 6, 2008 9:01 AM:If you are going to charge Sgt. Winnick then it would seem only proper to charge every one all the way up the chain of command for their share of the responsibility of putting him in position in the first place. This could include commanding generals and commander in chief.
Tom wrote on Jun 6, 2008 9:47 AM:It's time to file a malpractice claim against the anonymous prosecuting attorney.
matt wrote on Jun 6, 2008 10:53 AM:stop charging our soldiers for doing their jobs. this is war. people die. this is all for show and the government should be ashamed, especially considering the fact that none of these soldiers should be in Iraq in the first place.
Mike wrote on Jun 6, 2008 11:32 AM:SNIPER: Websters Definition of Snipe: to shoot at exposed individuals (as of an enemy force) from a usually concealed point of vantage. And in the Military use a long ways away.
Will someone tell me how they are to read minds? Do they wear a uniform?
Perhaps the pres. should fire a few more prosecutors.
Here we go again wrote on Jun 6, 2008 11:34 AM:We have an annonymous person revealing allaged charges to the press, asking for anonymity for himself because he is not supposed to be talking...BUT he is making sure that the press puts it out there so all the liberal military hating ilk can try him in the press! Deja vu!! Leave it to Mark Walker. Did the same thing with Haditha, Hamdania, you name it. I thank God we still have people willing to be in our Military, I just hope it lasts. Thank you to all our Marines...and...thank you again, Mark for further endangering our Military. Stop!
Patti wrote on Jun 6, 2008 11:56 AM:How can we even think to prosecute! These wonderful brave men are out there putting their lives on the line for us . Sometime we get to comfortable in our freedom/the same freedom these men die for.
Teddy wrote on Jun 6, 2008 12:57 PM:My dad retired from the Marines 40-some years ago. He never would talk about the war (WWII-Korea-VN). Going through his things recently, I discovered a journal he had written that I never knew existed. From what I read, things of this nature do happen. I think that is why they call it WAR!
Imagine the absurdity: A sniper being prosecuted for shooting someone.
JOHN wrote on Jun 6, 2008 1:10 PM:And they have the nerve to ask why we are seeing so many Troops coming back with PTSD
where is logic wrote on Jun 6, 2008 1:30 PM:There are so many illogical things happening in the USA now, it's unbelievable. Prosecute the soldiers, let all the illegal aliens in to suck our services dry... heck let everyone suck our services dry for sympathy of their "plights"...let the criminals sue for lack of tax-paid comforts and benefits....sooner, there won't be an America as we know it.
Chris wrote on Jun 6, 2008 2:17 PM:All you who made these comments above ought to be ashamed of yourselves. But you know nothing about that. I just wonder how you would feel if you were an Iraqi and had a loved one blown away for no justifyable reason. How about Haditha where whole families were murdered in cold blood. Well I am wasitng my time because it is appearant that I am dealing with people that have lost their hunmanity. And yet you get so worked up when an illegal alien kills "one of us". You make me sick
To Chris wrote on Jun 6, 2008 2:38 PM:Actualy, I DO know about that. Mine is the first comment up there tht has no name. That name was "0331" which did not go through for some reason. 0331 is an MOS in the USMC. Lookitup
You appear to be one of the individuals that is comfortable making assumptions about without knowing all the facts, which is what you are accusing us of doing. "Walk a Mile in a mans shoes" and all that...
Massachusetts Democrat wrote on Jun 6, 2008 3:04 PM:Sgt. Winnick was on his fourth combat tour. Most of us (96%+) have never been on one.
The prosecution of combat Marines serving in Al Anbar provice has become a blood sport for the Defense Department.
Has the thought occured to anyone that without these men some of us might have to pick up a rifle someday?
Which government is more screwed up? . . . ours or Iraq's?
tcm wrote on Jun 6, 2008 3:32 PM:nothing like being second guessed by a bunch of sheep who were not even there. The bad guys look like the good guys. Most days the good guys are only good when someone is watching them. This is just another attempt to ask these me to do a hard & thankless job and then second guess the manner in which they do what 99-percent of the letter writers here don't have the intestinal fortitude for.
Mike S wrote on Jun 6, 2008 4:07 PM:Well, I was in IZ four times, a 5th including Desert Storm, as well as AG, B-H, Kosovo, LA Riots, etc. While it certainly seems better to button one's lip than spring-butt,
...what I find unfortunate is the intellectual laziness of including all the other incidents, implicitly suggesting this Sgt is connected to those events. There's no consideration or research effort put forth to identify past actions, meritorious or otherwise, this Sgt contributed. It is filling type space with little regard to the impact it has on the man's reputation, family and future.
I always thought such matters as this Sgt's case are best considered in courts before appointed peers and officers with rules of evidence instead of the court of public opinion.
Mike S.
What makes me sick. wrote on Jun 6, 2008 5:01 PM:Is that we are in a war, like it or not, yet soldiers and marines are held accountable for the shots they take? What ludicrousy is this? What society goes to war and then holds the soldiers accountable for what the politicians have sent them to do? The only atrocity here is the fact that marines and soldiers are being sought out to pay for the crimes of politicians. And frankly, the only crime here is that we didn't just simply wipe Iraq off the face of the earth as waging war in any society should imply.
LLj wrote on Jun 6, 2008 6:03 PM:This man is a hero. Four tours? He's only in his early twenties and so he obviously went to war as a boy. He went to war to save our world from terrorists. Sgt. John Warrick needs our support.
moon wrote on Jun 6, 2008 10:40 PM:Wrong, wrong, wrong. How messed up is life right now? He is in a war zone. Why is this happening?
There's someone with little integrity and less between the ears that has started this. We need to support Johnny. He's a hero - check out his record.
Anonymous wrote on Jun 7, 2008 1:05 AM:To Chris: For Allah's sake Chris, go live with them and shut up!
SSgt C wrote on Jun 7, 2008 12:14 PM:Hey Brother You know my family and I will be praying for you. If everyone knew you the way I do. There wouldn't be a trial. God Bless!!!
Phil wrote on Jun 7, 2008 1:41 PM:Maybe someone should investigate the command climate at this battalion, a climate that seems to encourage this accused behavior. Let's stop blaming the Marines and start blaming their commanders. 3/1 has been accused of crimes in Fallujah, Haditha, and now this. Three accusations in three deployments that have made national headlines. I'm not saying that any of these accusations are any more than that, but it's a bit odd that one battalion has been gaining so much notoriety. I would bet that if someone looked at this battalion their senior leadership (battalion commander, XO, and senior officers) has a pattern of being extremely poor. Let's look past these accusations and figure out why these things are happening.
Stryker Mom wrote on Jun 7, 2008 1:58 PM:Sgt. Winnick, we are all praying for you. This man is a hero.
Red White and Blue wrote on Jun 7, 2008 2:00 PM:Chris - you have no idea what combat is like. You just sit around and let others keep you free and safe. If our freedom depended on cowards like you, we would all be speaking Arabic.
Al Nubar wrote on Jun 7, 2008 6:04 PM:God is great! God is great! Allahu Akbar! The Zionist occupiers are war criminals! What more evidence is needed???
Hes a HERO wrote on Jun 7, 2008 6:34 PM:The article states that they were "civilians". That doesn't mean they weren't bad guys. Four tours? Sgt. Winnick was well trained. Looking forward to the truth coming out so that we can recognize this guy for the hero that he is.
jr wrote on Jun 7, 2008 8:35 PM:Sounds like another case where the soldiers take the blame for an unfortunate
accident, so the bureaucrats don't look bad and "our image" is protected.
Marines are trained to kill, and while doing their job, sometimes they make a
mistake within a split second. They put their lives on the line for our country
and for countries they are told to protect, but when they make a mistake they
are tossed aside like expendable assets. I feel sorry for him and his family,
and I hope he is cleared of these charges. Can you imagine what he is going
through?
LLj wrote on Jun 7, 2008 9:08 PM:We can not even begin to imagine what it's like over there - perhaps the Vietnam vets do - civilians that smile and then set off a bomb. One second to make a decision - wrong choice, terrorist wins.
To be a sniper: What courage that must take...
We cannot imagine. Sgt. Winnick - you are a hero. Stand tall.
support him wrote on Jun 7, 2008 9:19 PM:The guy was doing his job. People just don't get it here. I'm sure he could tell us - but I'm guessing this guy on his 4th tour is not about telling his side as much as he is about protecting what we take for granted. Sgt. Winnick - you are a hero.
Johnnys a hero wrote on Jun 7, 2008 9:48 PM:To Chris:
humanity? do you know what the marines are doing? do you understand their sacrifice? Sgt. Winnick chose to be there, away from his family, and the comforts that you enjoy - I bet you get Starbucks each day.
Johnny tried to make our world safer - he is a hero.
To Chris wrote on Jun 8, 2008 12:36 AM:Yes...you ARE wasting your time and EVERYONE else's. We are all sick of your stupid drivel. We wasted our time trying to enlighten you and YOU are TOO THICK to GET IT. You have not the SLIGHTEST clue what is up and what is down. Go live in Iraq and have a nice life. Yeah...they'll love you over there.
sc wrote on Jun 9, 2008 10:52 AM:why do i see so many support our troop ribbons but every time i read the paper theres another marine getting charged for a "war crime", key word WAR. i work with sgt winnick and he is by far the best marine i have ever met. he did his job and did it good. if every time a marine pulls a trigger how do you expect marines to do our job in iraq, or come home alive. good luck john we are praying for
Chief wrote on Jun 11, 2008 9:08 AM:These prosecuting attorneys are a disgrace to our country. I know the details of this event and Sgt. Winnick SAVED lives because of his heroic action! Thank God for John Winnick.
PhilM wrote on Jun 22, 2008 10:31 AM:... United States Marines ... will be made "political scapegoats" by the Bush administration, ... This administration will seek to isolate the fewest number possible and call them aberrants. That is what will happen." - Gary Meyers.
Is there no end to the perfidy from DoD, SecNav Winter, and their bands of tyrants in JAG and NCIS? It's for certain our country doesn't deserve Men or Families like these; my prayers and support are with them.
Ed wrote on Jun 24, 2008 12:20 PM:Marines in a combat zone do not have the luxury to determine instantly weather they are in a shoot or don't shoot situation. They are not a civilian police SWAT Team who's mission is to first talk a suspect into surrendering. I think some of the Marine Prosecutors need to spent 15 months being shot at or wondering when the next IED is going off before they sit in judgment of these brave Marines. Get the Political Correctness out of the war zone!
David wrote on Jun 24, 2008 1:49 PM:Having served in the US Army - I find our abuse of enlisted personal abominable. Do we need scapegoats now to again portray our lily white hands at War? Are we so sure that everything we do should be scrutinized and dissected to the point that we are held in awe for our War efforts? I defy any individual that has served in the Armed forces to portray himself as innocent of wrongdoing under the guidelines now set forth. Face it People, we are at war with people that do not have a uniform on and do not want anything else but our complete subjection, no assimilation under their extreme religion by which they intend to dominate the world.
If we allow these people to hack off heads of innocent human beings just because of their US Birthright, or to bomb our Armed forces using children like they did in Viet Nam, what are we actually trying to prove by charging these men in doing their duty?
If one of the persons charges is doing what should be determined as War Crimes then go for it and prosecute that individual - but to charge men that did their duty is another thing!
Monte wrote on Jun 25, 2008 1:02 PM:"Massachusetts Democrat[-] wrote on Jun 6, 2008 3:04 PM:
The prosecution of combat Marines serving in Al Anbar provice has become a blood sport for the Defense Department."
I wonder why? I hope that someday, the story of the Marines in Iraq will be told. Anbar, Mosul and of course, their most glorious hours- Fallujah!
jeff wrote on Jun 25, 2008 4:59 PM:so many innocent people on both sides are dying over nothing. this isnt a war. IRAQ is not trying to INVADE the US. we should stop sending out troops over to be killed when were not defending anything just trying to steal oil. if bush wants the oil. send him over there.
i cant believe people think this is a war. this is a waste of time and lifes. spend the money on rebuilding america and effective ways to defend our country.
TM wrote on Jul 3, 2008 10:09 AM:I served with Sgt. John Winnick and he is a great leader and loyal friend. Even if John wins the Article 32 he still has to figure out how to pay off thousands of dollars in lawyer fees. The USMC will leave him high and dry again. Put your money where your mouth is and help John pay for these accusations. Family has put together a site in his name to collect donations.
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