MILITARY: Hearing in Marine sniper case set

Session will help determine if charges against Sgt. John 'Johnny' Winnick move forward

By MARK WALKER - Staff Writer | Monday, June 30, 2008 4:11 PM PDT

Camp Pendleton Marine Sgt. John 'Johnny' Winnick is accused of manslaughter and aggravated assault in the shooting of three Iraqis in 2007. (Courtesy Photo)

CAMP PENDLETON ---- A hearing to help determine if a Marine sniper should face trial for killing two Iraqi civilians and wounding two others last year is scheduled to begin at Camp Pendleton on Tuesday morning.

Sgt. John "Johnny" Winnick II is accused of voluntary manslaughter, aggravated assault and failing to follow the military's rules of engagement in the incident that took place in Iraq's Anbar province June 17, 2007.

A charging document alleges Winnick used a shotgun to kill an Iraqi civilian named Raid Ahmed. He also is alleged to have killed or caused another to kill Rayson Muhammad on the same day.

Specific details about the shootings that took place at or near Combat Outpost Golden near Lake Tharthar in Iraq's western Anbar province were not available.

The charging document also alleges Winnick fired or directed fire at two other Iraqis without first making a positive determination that those men posed a threat, resulting in what the Marine Corps says was "grievous bodily harm." The wounded Iraqis are identified as Hosham Motar Ibrahim and Abdullah Akhmed Hussein.

Winnick was a member of Camp Pendleton's 3rd Battalion, 1st Marine Division working with the base's 13th Marine Expeditionary Unit when the shootings took place during his fourth combat deployment. It is the fourth cases involving local Marines accused of unlawful civilian killings in Iraq.

On a Web site his family has established to raise money for Winnick's defense, www.johnnywinnick.com, his father, John Winnick, writes that his son pre-enlisted in the Marine Corps at age 17.

"His dedication to excellence is paramount in his nature," his father wrote. "Johnny has been a very moral person with extremely ethical and just actions."

He goes on to write that his son has a high regard for the Iraqi people and "wanted to help set them free."

"He did his duties without any complaints," he wrote. "On the first tour, when food was scarce, he even donated his MREs to Iraqi civilians and soldiers, staying hungry with his men."

Winnick, a San Diego native, took part in the 2004 fight for the city of Fallujah, the largest urban battle for the Marine Corps since the Vietnam War.

His actions there were noted in a passage by Bing West in his book, "No True Glory: A Frontline Account of the Battle for Fallujah."

The passage reads: "As they moved up the alley, Lance Corporal John Winnick, a machine-gunner, ran toward (Lt. Jesse) Grapes with an RPG launcher and a bag full of rockets. 'Sir, can I shoot these back at them?'

Winnick, who had fired a rocket-propelled grenade on only one other occasion, was given permission to do so and was able to blow open a gate and ignite a fuel drum, causing insurgents to flee, according to the passage.

Winnick is being represented by Gary Myers, an experienced military attorney who last year successfully defended Camp Pendleton's Lance Cpl. Justin Sharratt in the killing of Iraqi civilians in Haditha in 2005. At the end of an investigative hearing in that case, charges were dismissed based on a determination that Sharratt's actions were within the rules of engagement.

The hearing to determine if charges against Winnick go forward is scheduled to last two days and he is expected to make an unsworn statement about the incident. In the military justice system, defendants can make unsworn statements which are not subject to cross-examination by prosecutors.

Prosecutors at Camp Pendleton are bound by a policy directive from commenting on pending cases.

Capt. Jeff King, a Camp Pendleton attorney, will preside over Winnick's hearing. After it concludes, King will write a report to the convening authority, Lt. Gen. Samuel Helland, stating whether he believes the charges should stand.

The Winnick case is the most recent of four alleged unlawful civilian killing cases involving Camp Pendleton troops since the invasion of Iraq in 2003.

In one case, seven Marines and a Navy medical corpsman were found guilty of offenses related to the kidnapping and killing of an Iraqi man in 2006.

The highest-profile case is the slaying of 24 civilians in the city of Haditha in November 2005. To date, six Marines charged in that incident have seen their cases resolved by dismissal, withdrawal or acquittal. A seventh Marine, Lt. Col. Jeffrey Chessani, had charges against him dismissed two weeks ago. Prosecutors are appealing that decision.

Another ongoing case involves three Marines accused of killing four captured insurgents during the battle for Fallujah in November 2004.

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

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16 comment(s)[-]Go to Top

Stop wrote on Jun 30, 2008 1:10 PM:This insanity! Maybe we should bring back the draft...1st on the list should be NCIS and Military Prosecutors...followed by Reporters. You're so good at yak yak yak'n about what you THINK happened over there...while you sit HERE...SAFE... yak'n about it. Go over there and see and feel what happens over there. But now that things are better over there, even if you did...you still wouldn't even come close to what all the persecuted Marines putting their lives on the line and boots in the sand have had to go through.

DESERT BUG wrote on Jun 30, 2008 4:35 PM:"Specific details about the shootings that took place at or near Combat Outpost Golden near Lake Tharthar in Iraq's western Anbar province were not available." Right. Without the "specific details" we really know little or nothing yet. But if this case is anything like all the others preceding it, it's just a continuation of the DOD punch and judy show. Sgt. Winnick, like the other persecuted Marines, has a clean background. It's notable that in these cases we're dealing with young, clean Marines with no bad record who have done duty in one of the world's worst places and suddenly, presto, they are branded as criminals instead of Marines in combat. Sgt Winnick in his FOURTH combat deployment. None of this adds up to criminal conduct on his part, but we shall stay tuned.

Pamela wrote on Jun 30, 2008 5:08 PM:Are you people EVER going to stop!!!!!
This is like some kind of a witch hunt. Can't get one, go after another! I am ashamed of each and every one of you who have nothing better to go than try and ruin the lives of these young heroes and their families. I hope you sleep soundly every night and night mares don't keep you up!! I know if I were doing what you are doing, I would not be able to sleep!

Massachusetts Democrat wrote on Jun 30, 2008 7:19 PM:The ROE seemed to have drifted like a fog over the water during this war.

Perhaps we all need to come to grips with the very uncomfortable reality that we depend on Marines to kill our enemies for us.

We just don't want to admit to it, or discuss it, in polite company.

We all have our swell 'Support Our Troops' bumper stickers on our cars though, don't we.

Bo wrote on Jun 30, 2008 8:42 PM:Put the true war criminals on trial: Bush, Cheney, Rumsfield, and Rice!

Ummmm.... wrote on Jun 30, 2008 8:49 PM:A sniper shot somebody??? This is odd?? Yes, everybody is a civilian when they're shot...that means they or their families get paid by the US Gov't. Go figure.

Shotput wrote on Jun 30, 2008 9:21 PM:Nothing I read deserves a comment. Everyone acts like all marines are good and can do no wrong. A few good men-?

Mom wrote on Jun 30, 2008 10:28 PM:God bless you, Johnny. We are praying this injustice and insanity will end soon. America will never win another war. We place unbelievable and unrealistic restrictions on our fighting forces.

Meanwhile our troops are fighting an enemy that wears no uniform and plays by no rules of engagement.

Lt. Gen. Helland, come to your senses. ... God help us.

Jon wrote on Jul 1, 2008 4:38 AM:Dam , a sniper shooting someone? That's what they get paid to do. Especially in a cesspool like Fallugia. The real Criminals here are the media hacks, through their hatred for George Bush they try to turn OUR troops into criminals. They have talked down the whole action since day one. Let our troops fight. That's what the sent them to do. Whose the idiot who came up with the stupid rules of engagement that tie our troops hands to begin with. Its no way to fight and win a war. Its disgusting. A good dose of Karma is in order for the Liberal press.

Daniel wrote on Jul 1, 2008 5:15 AM:Is it a good idea to have Camp Pendleton Prosecutors involved in ANY on-going investigation? It seems like their credibility is so low that any outcome will be overturned at the appeal stage. But, hey, the name of the game seems to be let's cut off our nose to spite our face. Who cares if the lives of Marines are dragged through the mud and the war efforts are derailed. These matter little when Promotions & Procedures are at stake. [Excuse me, I've got to go call my Congressman, again.]

Thanks for including Defense web site info.

Wolf wrote on Jul 1, 2008 5:22 AM:Thats messed up, I know Johny personally, I work with him daily, he is a good kid and is being treated very unfairly. The system is BS just like these false damn charges. He is the epitome of a warrior with the highest sense of honor I have seen in my many years as a Marine, it hurts to see them treat him like this. Good luck Johny, we will see you soon and we are behind you 100%

James wrote on Jul 1, 2008 6:10 AM:Monday morning quarterbacks are at work.They do not walk in the shoes of the Marines accused and do not understand the ROE as present in that situation. They like to pass on judgment without checking out the facts. I predict the case will be dropped in its entirety as it is similar to the other cases.

Mom wrote on Jul 1, 2008 8:12 AM:Thanks to Nat Helms for doing yoemen's work. This relentless persecution of our Marines and soldiers stems from Jack Murtha's slanderous comments and the constant hammering from an anti-military press.

Would the good people of the 12 District PLEASE throw Jack Murtha OUT OF OFFICE!

Dan wrote on Jul 1, 2008 8:37 AM:I agree, I think the case will be dropped. But it still breaks my heart to see someone like Johnny being accused like this. The man is over in an extremely hostile environment, risking his life...for the FOURTH time. And now he's being made to look like a criminal. I've known Johnny for a long time, and he's always been an extremely moral, kind and humble person. I believe fully that he did what he thought was right. And honestly, without including "specific details", all we hear is that he "killed civilians". With no context or anything, it makes it seem like cold-blooded murder or something. It's a War. People kill people, which is terrible. But if we're going to send these guys over there, and then have whoever is bringing these charges try to demonize them for doing their job, with no evidence of crime, it's just infuriating. I'm confident that once the facts are clear, the case will be dropped.

Stryker Mom wrote on Jul 1, 2008 10:58 AM:Just for reference, the two previous postings from Mom are from Stryker Mom. The censor gods for some reason have dropped the Stryker part.

USMC-WIFE wrote on Jul 1, 2008 12:35 PM:It seems weird that a shootgun would not raise a huge red flag. That is not stander issued weapon. My guess is there is a lot that they are not telling us and I pray for him as he will have to live with the fact that he HAD TO KILL. Not many people outside the military will ever know what it like to be shoot at and FORCED TO KILL. It's a far larger tragetiy for the men and weman that come home suffering from PTS and nightmaires that will never fully go away. THIS IS WAY NOT A SUNDAY PICINIC leave our military alone and let them do their jobs.

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