Posted on 12/14/2007 12:38:13 PM PST by RedRover
CAMP PENDLETON ---- A lance corporal convicted Thursday of killing an Iraqi army private a year ago and who has spent the last 10 months in the Camp Pendleton brig will not serve any more time, a military jury decided Friday.
Lance Cpl. Delano V. Holmes smiled at his attorneys shortly after the sentence was announced in a base courtroom.
The jury that found Holmes guilty of negligent homicide and lying to investigators could have sentenced him to as much as eight years in prison. Although it decided he should not serve any more time, the panel ordered that he be reduced in rank to private and given a bad conduct discharge.
Before retiring to deliberate the sentence, the jury heard a prosecutor, Maj. Christopher Shaw, argue that Holmes should serve five to seven years in prison.
Shaw argued that Holmes has never apologized for his actions that led to the death of Pvt. Munther Jasem Muhammed Hassin, a man he was standing guard duty with on Dec. 31, 2006.
"The accused does not care," Shaw said during his sentencing argument. "He has chosen to show no remorse and offered no apology."
Shaw, who also described Holmes as a "brutal killer" who stabbed or slashed Hassin more than 40 times, said the Marine should receive a dishonorable discharge.
One of Holmes' four attorneys, Capt. Ray Slabbekorn, pleaded with the jury to show leniency to the Indianapolis native.
"One time he feared for his life in a combat outpost and made a decision," Slabbekorn said. "That doesn't define this Marine."
Slabbekorn also argued that Holmes has remorse.
"He has. You can see that. He can barely hold himself together," he said. "This case is already a tragedy."
Slabbekorn also pointed out that Holmes has already spent 10 months behind bars in the base brig, where he was placed after being ordered out of Iraq and back to the United States.
The jury could have convicted Holmes of unpremeditated murder but instead chose the lesser offense of negligent homicide. It also convicted him of lying to investigators for giving a false version of the events that led to Hassin's death.
In a rambling statement to the jury late Thursday afternoon, Holmes never addressed the killing. Instead, he pleaded with the jury to "give him a second chance."
A machine gunner from the Michigan-based Marine Reserve 1st Battalion, 24th Marine Regiment, Holmes' attorneys said he killed the Iraqi out of fear for his own life when the two began fighting about 5:45 a.m. It was the first time he had been assigned such duty and had never met the Iraqi until that night, his attorneys said.
Holmes told investigators the fight broke out after he slapped a lit cigarette out of the much smaller Iraqi man's hands, fearing it would expose the men to a possible sniper attack. Before lighting the cigarette, the Iraqi had used an illuminated cell phone, Holmes claimed in statements to investigators.
Holmes had told the investigators that he used his bayonet to stab Hassin because he believed the Iraqi was reaching for an AK-47 and would shoot him.
In closing arguments Wednesday, prosecutor Capt. Brett Miner rejected Holmes' version, saying it made no sense and pointing out the Marine is nearly a foot taller and 65 pounds heavier than the Iraqi.
An autopsy showed Hassin suffered 17 stab wounds, 26 slashes and one deep cut that nearly sliced his nose from his face. Some of the wounds nearly severed his spine.
Best solution to a bad business, I think. These two never should have been put into the same sentry post together. I wonder if they could even communicate with each other.
bump
Holmes told investigators the fight broke out after he slapped a lit cigarette out of the much smaller Iraqi man’s hands, fearing it would expose the men to a possible sniper attack. Before lighting the cigarette, the Iraqi had used an illuminated cell phone, Holmes claimed in statements to investigators.
And yet there are some people that think what’s the big deal...
So..
Is a Marine who gets the Big Chicken Dinner still considered a Marine or an ex-Marine?
Well whooptidammdo. What does that have to do with the price of putty? That prosecutor must be a stinkin Democrat.
Perhaps someone here with combat experience can either confirm my suspicion or set me straight.
Physical and technological forensics could easily have determined whether the deceased had been smoking a cigarette and whether the deceased had used a cell phone within the described time frame.
It also may have been possible to determine whether it is plausible that the Marine began by using his fists and that a fight ensued in which the marine felt justified in drawing a weapon.
Clearly the Marine may have gone too far, but if this individual had really been exposing their position to sniper fire, the Marine had to do something to put a stop to it.
But the media has so far managed to avoid describing any hard evidence in the case.
More likely he is acting like a prosecutor.
In criminal proceedings remorse is considered to be a mitigating factor in sentencing while a lack of remorse is not.
It is in the prosecutor's interest to argue that the mitigating factor of remorse is not present.
Thank goodness.
This is the type of a trial that should occur if anyone ever gets sued by the Phelps jerks — yeah, you’re guilty, but they had it coming.
My only concern is that this soldier was diagnosed BEFORE this incident with an anxiety disorder. I had hoped they’d sentence him to about 6 months in a military hospital before releasing him on society. With a BCD special, I’m pretty sure he has no VA benefits for health care, either.
Only Murtha is an ex-Marine.
I’ll call him a Marine.
Agreed. I respect the decision of this jury of Marines.
Exactly! His attorney says he is remorseful but so what if he isn't, that soldier put both their lives in danger (positively). I have no sympathy for the dead Iraqi and am glad no further time was given.
Thanks for posting this, Red.
Correct me if I am wrong. From what I have read, they always ask the Marine/Soldier on trial if they have any remorse or want to say “I’m sorry”. I have never read that any of them have said yes and I also believe the common answer is, “For what? I did nothing wrong or to be sorry about”.
I do believe he is still entitled to VA benefits as far as PTSD and related issues.
You’re welcome, jaz! Great news.
GRRRRREAT news! Thanks for posting.
> So..
> Is a Marine who gets the Big Chicken Dinner still considered a Marine or an ex-Marine?
Once a marine always a marine, except Murtha.
I’d go to war with LCPL Holmes any time; at least I know that he could be trusted to do the job.
Anyone stupid enough to light a smoke and talk on a cell phone when there is clear and present danger present, deserves to be shot.
The media blew out of Pendleton as soon as the defense rose to present its case.
I know this decision must be a disappointment to you. Better luck next time.
MERRY CHRISTMAS!!!
I don't know know the benefit repercussions for an active duty Marine with a bad conduct discharge. Hope someone who knows the ropes will weigh in.
I’m inclined to blame his commander or someone further up for putting two people together in a sentry post who were ill equipped to communicate with each other.
It’s not just a question of how well the Iraqi could speak English.
If a noncom slapped the cigarette out of a regular marine private’s hand like that, he would have been trained in basic to say, “Yes, sir, thank you sir!” Obviously there wasn’t time for long explanations about lighting up on sentry duty, especially since other stories have mentioned that snipers had been at work in the area.
But a Muslim probably would have taken it as an insult to his honor, and hit back.
So, I’m not too inclined to blame the marine for what happened. But, unfortunately for him, the Iraqis are our allies and we have to work with them, so they couldn’t afford to just dismiss the case. And whatever the provocation, the other guy certainly was sliced up and killed.
So, compromise, he was discharged, but no jail time. S*** happens, and it could have been a lot worse for him, even if he weren’t guilty at all, to make the political point.
Sorry, if I wasn’t clear about the remorse. I am 100% sure he should have no remorse, excuse, or sorrow.
The one who should apologize can’t because he’s dead.
That's not precisely true. Part of the punishment has been time already served....somewhere approaching a year in this troop's case.
You are right that there is no additional jail time.
Thanks, Red. My heart goes out to this young man. Apparently he was raised as a foster child and the Corps is all he has. His last foster mom has been standing by him through all this. My feeling is, if he had taken care of the Iraqi soldier in a less violent manner he wouldn’t have been convicted at all. I’ll be praying for him.
It’s a sad business. I think he got a raw deal. But it’s hard to fault the jury, at lesat without knowing more of the facts. He’s just going to have to deal with it.
I hope someone pitches in and helps him to adjust to life in the civilian world, maybe with a job offer or some other kind of help, until he’s on his feet again.
A vet with a dishonorable discharge is not eligible for VA services (I work at a VA).
Anxiety disorder is treatable. Generally, it leads to some kind of social phobia (e.g., agoraphobia.) I expect him to be unemployed and fortressed into his house. I had an uncle with agoraphobia. He locked himself into his house from about 35 - 65 years old.
Holmes needs medical care.
Well... At least he won’t do time. But a BCD is a tough thing that’ll haunt him.
Too bad. Seems to me we could use more Marines like this young man, not fewer.
There’s an established history of our Iraqi allies turning on American soldiers.
Case in point, the US Army officer murdered by an Iraqi policeman while on joint patrol.
That kind of stuff can not set our servicemen at ease.
It has become too apparent that it takes a civilian lawyer to get a decent defense for an accused member of the military.
Something is wrong with that picture.
A BCD will haunt him. All the lance corporal wanted was to stay in the Corps.
What about inmates who get out, do they get special compensation for hearing loss or PTSD due to their time served?
Murtha, of course, but also Jim Webb and Jim Moran ~ these guys are all Ex-Marines.
My understanding is that those who receive a BCD are not eligible for anything, even if they have “service connected” problems. I worked on airfield runways for years, and have a hearing loss. If I receive a BCD, it’s too bad for me. I get no help. It’s like not wearing a seatbelt and getting hurt in a car wreck - my insurance company has the right to not pay me, even tho’ I’ve paid all premiums.
If anyone knows differently, please speak up. Vet benefits vary with each session of Congress, and I might be out of date.
This is such a shame; a BCD follows you for life. Many sources of jobs are closed to you (ie. civil service).
If I am simply sent to military prison for an offense and come out with an okay discharge (it does happen), then I am eligible for all benefits. It is all based on the characterization of the discharge.
I Marine Expeditionary Force Public Affairs
United States Marine Corps
Camp Pendleton, Ca
Press Release #07- 003 Dec 14, 2007
FOR IMMEDIATE RELEASE
Marine Sentenced at General Court-Martial in Fallujah Investigation
CAMP PENDLETON, Calif. (Dec. 14, 2007) - Lance Cpl. Delano V. Holmes wassentenced today at a general court-martial held here.
Holmes was sentenced to a reduction in rank to Pvt./E-1 and abad-conduct discharge by the same jury that convicted him on Thursday ofnegligent homicide for his involvement in the death of an Iraqi soldieron Dec. 31, 2006, near Fallujah, Iraq.
Holmes was also found guilty of making a false official statement.
The military judge for the proceeding was Lt. Col. Jeffrey Meeks.
Holmes had been in pretrial confinement since Feb. 23, 2007.
Holmes sentenced to time already served in Iraqi's death
CAMP PENDLETON – A military jury sentenced Lance Cpl. Delano Holmes on Friday to time already served for stabbing an Iraqi soldier to death last year.
Holmes, a Marine reservist based at Camp Pendleton, was initially charged with murder and could have gone to prison for life. His prospective sentence was reduced to eight years in the brig Thursday after the jury found him guilty of the less serious crimes of negligent homicide and lying to investigators about the killing.
The punishment announced Friday morning means that Holmes will be freed after having served 294 days behind bars. In addition, the jurors reduced his rank to private and gave him a bad-conduct discharge.
"Wow," Maj. Christopher Shaw, a prosecutor, said under his breath when the sentence was read in a courtroom at Camp Pendleton.
Holmes stabbed and cut Pvt. Munther Jasem Muhammed Hassin more than 40 times during a pre-dawn fight last New Year's Eve in an observation post in Fallujah, Iraq. The confrontation began when the soldier illuminated the post with a cell phone and then a cigarette.
Holmes apparently feared that insurgents would attack the post. During his court-martial, various witnesses testified that snipers were targeting the site with everything from bullets to a rocket-propelled grenade.
Prosecutors contended that Holmes became enraged during the fight and murdered Hassin with his bayonet. They also accused him of trying to stage the crime scene by moving the body and firing the soldier's AK-47 rifle, all to make it seem that he had to kill Hassin in self-defense.
A major piece of evidence in the prosecution's case was a videotaped statement that Holmes gave to naval investigators Jan. 22. Holmes allegedly said, "I picked up (Hassin's) AK and fired it, as to give myself a way out for getting into it with this Iraqi soldier."
Defense attorneys said Holmes was indeed locked in a life-and-death struggle with Hassin. They argued that he began stabbing only after the soldier reached for his rifle.
Cook accused investigators of coercing Holmes into giving a fabricated confession. The defense attorney also said they unfairly ruled out evidence that another Iraqi soldier had changed crucial elements of the death scene.
Wait a second. He was daggnosed with an anxiety disorder before this happen. Did they put him on drugs? Now it begins to make sense.
Is there any way for Lance Corporal Holmes to appeal his conviction and attempt to get this interesting little tidbit resubmitted as evidence?
Yes, he was prescribed medication before the incident. At a discovery hearing, the prosecution claimed that LCpl Holmes’ medical records had been “lost”.
The hearing judge went ballistic, but as far as I know, the records weren’t found. (The reporting on the case has been spotty so it’s possible the records were eventually produced.)
at least he’s outta there
He didn't expect to get beat so badly, but NCIS did him no favors with their shoddy work. He wasn't able to prove anything at all. It's hard to convict a guy with no evidence for either side to work with.
He failed to get murder. He failed to get a tough sentence.
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