Hearing officer recommends Sgt. John ‘Johnny’ Winnick face administrative punishment.

By MARK WALKER – NCTimes Staff Writer | Monday, July 14, 2008 7:05 PM PDT

A hearing officer is recommending dropping manslaughter charges against a Marine sniper who killed two men in Iraq he believed were planting a roadside bomb.

Instead, the hearing officer is recommending that Sgt. John “Johnny” Winnick II of San Diego face a less severe “non-judicial” punishment on a charge of dereliction of duty for failing to strictly adhere to the military’s rules of engagement.

“I recommend that the remaining charges be withdrawn,” the hearing officer, Capt. Jeffery King, wrote in his report to Camp Pendleton’s Lt. Gen. Samuel Helland, who can accept or reject the advice.

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When Marines at Camp Pendleton are charged with misconduct in Iraq, their families rally to their defense.

The mother of Robert Pennington, one of the Hamdaniya defendants, testified about watching her son deteriorate psychologically in the brig.

The sister of Trent Thomas, also one of the Hamdaniya defendants, testified about the hardships of growing up poor and black in East St. Louis and how her brother dropped to his knees and thanked God when he was accepted into the Marine Corps.

The mother of Justin Sharratt, one of the Haditha defendants, told reporters that in her heart she knows her son killed Iraqis only in self-defense.  “I’d rather get a phone call from my son (saying he is facing charges) than have two Marines come to my door telling me he’s dead.”

At his preliminary hearing this week at Camp Pendleton, the family of Sgt. Johnny Winnick was there in force: mother, father, two sisters, one brother, one brother-in-law.

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July 2, 2008

Important ROE Case (UPDATE)
By Bruce Kesler

ROE, that’s rules of engagement. For those first thinking I was referring to Roe vs Wade, you’re forgiven, as both do involve life and death issues.

There’s currently in progress an Article 32 hearing at Camp Pendleton of charges against a Marine for violating rules of engagement in killing two and wounding two others in Iraq. The outcome of this fact-finding hearing, which may or not recommend further action, otherwise may be important to the future training, competency, morale, and very lives of our troops whom we place in danger, and thus to the success of their missions.

ROE are the military’s guidance to its members on what actions they may take during hostile activities. At the tactical level, they’re often secret so as not to provide evasive guidance to the enemy. Tactical ROE are usually specific to each branch of service, and to units within depending on their mission, and are constantly being updated.

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