MILITARY: Marine sniper defends his actions

Hearing concludes in case of Sgt. John 'Johnny' Winnick II

By MARK WALKER - Staff Writer | Wednesday, July 2, 2008 4:14 PM PDT

Sgt. John Winnick II walks to a courtroom at Camp Pendleton Wednesday morning. (Photo by Bill Wechter - staff photographer)

CAMP PENDLETON ---- A Marine sniper charged with two counts of manslaughter in the shooting deaths of men he suspected of planting a roadside bomb in Iraq said Wednesday that he was doing his best to protect his troops.

"I did this action in defense of my Marines," Sgt. John "Johnny" Winnick II said at the conclusion of a two-day investigative hearing that will help determine if the charges against him stand.

An officer who presided over the hearing will now write a report to a general, who will decide if Winnick should face trial.

Winnick, 24, a veteran of four Iraq deployments, said he decided to shoot when he suspected the men were about to place a bomb at an intersection about a mile from a Marine outpost in the Anbar province.

Winnick said he had seen too many Marines killed and injured by roadside bombs and he acted to protect his fellow service members.

"I didn't want them to end up like other Marines I have seen," the 2002 graduate of Del Mar's Winston High School said in a clear, calm voice.

Winnick faces as much as 40 years in prison if tried and convicted of the two counts of manslaughter, assault and failure to follow the military's rules of engagement.

Winnick headed a sniper team that was watching an intersection near an outpost on June 17, an area that had been hit with two roadside bomb attacks. As he and his five men watched, two vehicles stopped and the men inside appeared to be preparing the surface of the roadway for a bomb, according to testimony during the hearing.

A short time after those vehicles departed, an 18-wheel semi-truck stopped in the same spot. The driver got out, according to testimony, crawled under the truck and appeared to be preparing to place a jug 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 from his squad ran up to the truck, a second man who had been shot was crawling toward a cell phone, prompting Winnick to fatally wound him with a shotgun blast, according to the undisputed testimony.

The two other men were evacuated by U.S. forces and treated for their wounds.

A subsequent 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 after the incident and disappeared within a day.

Capt. Oliver Dreger, the intelligence officer for Camp Pendleton's 3rd Battalion, 1st Marine Regiment that included Winnick's platoon, testified Wednesday that he believed Winnick and his men has been sufficiently briefed over the rules of engagement.

Much of the hearing focused on confusion about those rules with the platoon commander, Lt. Dominic Corabi, testifying Tuesday about a general confusion over their meaning. Corabi said snipers did not have a 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.

Under questioning from Winnick's lead attorney Gary Myers, Dreger acknowledged that failure to secure the truck for a full-scale search left a hole in the investigation.

"It would have been nice to know precisely what was in the back," Dreger said.

Dreger said roadside bombs in the area were considered a "significant threat" and that the types of jugs Winnick reported seeing were increasingly being employed by insurgents to transport chemical compounds for roadside bombs.

But when questioned by lead prosecutor, Capt. Nicholas Gannon, Dreger said he was disappointed in Winnick's decision to shoot rather than call for help.

"I would have preferred he call the (quick reaction force) as it didn't appear to be an immediate threat," he said.

The officer who conducted the hearing, Capt. Jeffrey King, asked Dreger of his overall view of Winnick's actions.

"I think he was acting honestly out there and trying to do the right thing," Dreger responded.

King 's report due the middle of this month goes to Lt. Gen. Samuel Helland, head of Marine Corps forces in the Middle East and the convening authority over the case. King has the option of stating whether he believes the evidence would result in a conviction.

During his statement Wednesday morning, Winnick said he appreciated the review the shootings are undergoing.

"I understand it has to go forward in the name of justice, but sir, I am eager to get back in the fight and serve my country," he said.

The prosecution and the defense agreed there are no disputed facts about what occurred and that no closing arguments were necessary.

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

Next Previous

Advertisement

18 comment(s)[-]Go to Top

Stop the Military Witch Hunts wrote on Jul 2, 2008 2:24 PM:I said it yesterday, and I'll say it again today. Quit trying to second guess stateside the decisions that our troops are being forced to make in Iraq and all the other theaters of operation. You weren't there. You don't now, nor will you ever, know the entirety of what happened - period. Your rules of engagement leave these troops so ham strung, it's a wonder more of them aren't killed or injured because of the "confusion" and misunderstanding as to the meaning of those rules. You put those troops in harms' way, and your stateside hindsight isn't 20/20 now - nor has it ever been.

AWcryinoutloud wrote on Jul 2, 2008 3:36 PM:Where's Deep Throat when you need him? I'd love to know who's behind this epidemic of persecuting our troops, of unlawful command influence and the most blatant display of abuse of power I could ever have imagined in this country. The man is a sniper 4cryinoutloud. He made an experienced judgment call to save lives of his fellow Marines and God knows how many civilians. THAT is NOT a Crime!!! This young man has served four cottonpickin' deployments to Iraq. He served Honorably. Geeze! At least give him the benefit of the doubt for that service and for that experience. Somebody; Not a Marine, should (figuratively speaking) be hung by something they 'treasure' most for the torture they've caused these Marines and their families. Aaarrgghh!

Jerry wrote on Jul 2, 2008 3:37 PM:I agree. Quit trying to appease the traitors we have in our government who want us to lose this war and make it seem that the US is the bad guy. Allow our Marines to fight and win like the true warriors they are. Don't continue to make ROE that is unclear or works against our efforts. We in the US military have the most compassion and the most restriction in how we fight which, in turn, leads to the most confusion. This Marine made a decision in the heat of battle - a well thought out and logical decision to ensure the safety of his fellow Marines. Lay off and get back to winning this war. Only people that have never been in battle (Does the name Obama ring a bell?) would question this Marine's intent or initiative in killing those that are the enemy of the US. Seems a bit fishy to me that 2 vehicles would stop somewhere within a short period of time and mess with the same area on a road. A bit more than coincidence.

DESERT BUG wrote on Jul 2, 2008 4:07 PM:This "case" is just one more in a series of outrageous prosecutions of good Marines. In a blog to the preceding article on this subject, somebody sinks so low as to try to smear our Armed Forces from the Revolutionary War until now with some idiotic drivel using his silly version of military history. No need to refute his traitorous nonsense, it falls on its face all by itself. It's just these kinds of ghastly people who run around extolling our enemies and attacking our country and who, like the jackals that they are, relish dumping garbage comments on our Marines and all of our Armed Forces. Well, they have a lot in common with those fat heads in DOD who are relentless in their attempts to portray themselves as the saviors of our reputation. Captain King: Do the RIGHT THING and the JUST THING: Recommend that all "charges" against this fine Marine be DROPPED!

MarineGunner wrote on Jul 2, 2008 6:14 PM:NCT is, for some reason flopping this story around under different headlines. Why? Why must I retype my support for my brethren 3 times in one day? Do they not like the public response they are getting? Will this get censored? Why can't the NCT edit/update the original story so all the comments are at least visible to everyone that reads it?

why is Johnny in the hot seat wrote on Jul 2, 2008 6:40 PM:Why isn't Capt. Dreger in the hot seat? Why didn't he have the truck secured and searched? How could a huge truck "disappear"? Sgt. Winnick did what he was trained to do to save lives. Sounds like Capt. Dreger did not. Is he backing this brave marine now, or still trying to cover his ***?

Bob wrote on Jul 2, 2008 7:58 PM:i dont feel that i would of done it differently..if they thought he was stressed or fatigued,, then why send the kid out 4 times? -
if he's on trial for murder, then there isnt any evidence sine the truck is gone.....

Daniel wrote on Jul 3, 2008 6:06 AM:Unfortunately we're only getting highly filtered tidbits of what actually went on in the hearing. As little regard as I have for the Camp Pendleton prosecutors, I have equally little regard for the accuracy of the brief and infrequent quotes contained in this article. The hearing was 2 days long, but this is what we are told passes for 'information.' The media feeds us the information they want us to have, or what they themselves believe to be the most important from their own viewpoint. There is no claim to either accuracy or completeness. Don't be gullible and believe that what is written here means anything...

AWcryinoutloud wrote on Jul 3, 2008 9:22 AM:To Daniel: Every word you said is right on! You have no idea. If only America could have been at Sgt. Hutchins trial. If only one journalist had reported "everything" for the past two years. It might have made a difference.

Bo wrote on Jul 3, 2008 9:30 AM:He is a US Marine trained sniper, his job is to kill. He did his job as ordered by the the Commander and Chief of the U.S. Armed Forces. He is a HERO! The guilty parties in this war are in the White House; leave our Marines alone!

DESERT BUG wrote on Jul 3, 2008 12:00 PM:Daniel: But we've got enough info to know that one more Marine is being harassed, persecuted and treated unfairly after FOUR combat deployments. These cases all add up to abuse of power, prosecutorial misconduct, undue command influence and political showboating. If we could read the transcript or have attended the hearing, yes we'd know more, but I know enough already, even if there be journalistic bias or incomplete reporting. I've attended Art 32 hearings and courts martial. UCMJ proceedings CAN produce just results IF there is no abuse of the system. We can see enough here that our judgment and opinion need not be put on hold simply because we don't know everything there is to know.

AWcryinoutloud wrote on Jul 3, 2008 12:27 PM:To DESERT BUG: Sorry, I can't resist....Well said at 12:00PM. AW4

AWcryinoutloud wrote on Jul 3, 2008 1:27 PM:FYI to those who defend the enemy and delight with glee at the persecution of this Marine: "In 2006, training materials obtained by U.S.Intelligence showed that snipers [enemy snipers] fighting in Iraq were urged to single out and attack engineers, MEDICS, and CHAPLAINS on the theory that those casualties would demoralize entire enemy units. Among the training materials, there included an insurgent sniper training manual that was posted on the internet. Among its tips for shooting U.S. troops, there read: "Killing doctors and chaplains is suggested as a means of psychological warfare." Excuse me but, I'm a civilian who WANTS to be protected from cowardly scum such as this. In my book, anyone who does not support OUR troops, is leaning way too far over the line toward the enemy. You might not want to trip.

I served with Johnny wrote on Jul 3, 2008 10:29 PM:Capt. Dreger is the one that should be answering questions for Johnny, as if he were his Lawyer. A true leader does not sit in the hot seat and point a finger at what was once one of his very own Marines. Hopefully the Marine Coprs hierarchy figures this out about Mr. Dreger and realizes that he needs to attend OCS again and learn what the Marine Corps motto stands for. Semper Fidelis Mr. Dreger sound familiar? Means "Always Faithful" since you have obviously forgot. I am ashamed to say I had to serve under you. I watched you time and time again show your eageness to send all our teams on missions where we would be in harms way. Every time you sent us, none of us had the warm and fuzzy that you would back us up out there. I would of liked to invited you on a few missions. Where we baked in holes for 4 days in the scorching deserts carrying out your missions, that were always scrutenized down to the nats ass detail instead of a good job boys, or a good work. I can't remember you saying those words one time. Justice will find you. That's a promise.

AWcryinoutloud wrote on Jul 4, 2008 3:30 PM:To 'I served with Johnny': I'm usually a 'wordy' person but here it is Independence Day where we're supposed to be celebrating our freedom; freedom guaranteed us, not by politicians, but by men like yourself and your friend Johnny. Believe me, there are those of us, civilian as well as military, who are aware of what's happening and we're trying to make a difference. Until the day that happens please know that WE give you a "Good Job Boys" and a "Good Work" thank you. If you've read Warfighting by General Charles Krulak then you know that he admonished senior leaders to take care of their junior leaders; which is in short supply today. General Krulak would most assuredly look down on leaders of such low caliber. Thank you for being part of the best of our country; those who fight to keep us all free. AW4.

DESERT BUG wrote on Jul 4, 2008 4:40 PM:I've tried to get a URL on here but NCT won't post it even though I have sent it in the format they require. Oh well. For those interested in the Larry Hutchins case and the others too, try googling this: "Letter to General Helland re: Sgt Lawrence Hutchins"
Probably AW4 and a few others have read that material, but if not check it out. Larry is at Ft Leavenworth this 4th of July, let's hope he's free by the next one. Now I have to go help with that BBQ.

Ike wrote on Jul 5, 2008 10:12 PM:They did the same thing to us in Viet Nam. Except we got to go do it over and over again. Same hill..... SOT! Or build and leave. Don't fire back they might be friendlies. (?) [what am are one of dem der tings?] I am so very proud of these men and womem! I just wish I could replace one of them. I got experience.... but not youth. :-(

Patricia wrote on Jul 7, 2008 11:40 AM:What a HORRIBLE experience that Johnny should now possibly be prosecuted after bravely defending our country. He is nothing short of a hero, and should be commended for serving four tours, NOT on trial! My heart goes out to him and his family, and I pray that justice will serve him kindly.

First name only. Comments including last names, contact addresses, e-mail addresses or phone numbers will be deleted. Attempts to misrepresent your identity or impersonate any person will not be approved. All comments are screened before they appear online, so please keep them brief. Comments reflect the views of those commenting and not necessarily those of the North County Times or its staff writers. Click here to view additional comment policies.

Submit Comment[-]

(optional)
   

Advertisement

Videos