Report: No case against Pantano

Wilmington Star News Online ^ | John DeSantis

[Mom of 2 Marines]

Report: No case against Pantano

By John DeSantis Staff Writer john.desantis@starnewsonline.com

“The government was unable to present any credible evidence to refute 2nd Lt. Pantano’s assertion that he felt he was about to be attacked. If 2nd Lt. Pantano felt he was about to be attacked, he was well within his right … to shoot the two men.” – Lt. Col. Mark Winn

The murder case built by military prosecutors against a Wilmington Marine who said his shooting of two suspected Iraqi insurgents was in self-defense fell into ruin across the pages of a hearing officer’s report, which recommends that criminal charges not be pursued.

Lt. Col. Mark Winn, who presided over a five-day-long preliminary hearing last month exploring murder accusations against 2nd Lt. Ilario Pantano, suggested the prosecution presented no credible evidence to support its claim that the shootings of the two men were executions and blasted the testimony given by a key prosecution witness.

But Lt. Col. Winn’s report was sharply critical of Lt. Pantano as well, suggesting that his mismanagement of events leading up to the April 15, 2004, shooting made tragedy inevitable.

“The government was unable to present any credible evidence to refute 2nd Lt. Pantano’s assertion that he felt he was about to be attacked,” Lt. Col. Winn’s report reads. “If 2nd Lt. Pantano felt he was about to be attacked, he was well within his right … to shoot the two men.”

The 16-page report has been forwarded to the commander of the 2nd Marine Division, Gen. Richard Huck, who will make the final decision on whether charges against Lt. Pantano are warranted. Military rules do not set the length of the general’s period of review.

While praising Lt. Pantano’s military record and noting that, at the hearing, men who served under him testified they would readily enter combat under his command again, Col. Winn had harsh words for the Wilmington warrior.

Lt. Pantano’s admission that he fired as many as 60 times at the two suspected insurgents “to send a message” – emptying one magazine from his M-16 rifle, then reloading and emptying another – troubled Col. Winn, according to his report.

“We send our message that we are not to be messed with by sturdy professionalism. We must never lose sight of the fact that we occupy the moral high ground in the fight against the insurgents,” Col. Winn wrote. “We are fighting against terrorists, who use techniques like torture and beheadings to strike fear and intimidate the weak … Once we allow ourselves to traverse down that slope, we are no better than the insurgents we are fighting.”

Col. Winn recommended that nonjudicial disciplinary action be taken against Lt. Pantano at the general’s determination.

The shootings took place as Lt. Pantano’s platoon was searching a house near Mahmudiyah suspected of being an insurgent nest. Two Iraqi men attempted to leave in a car as the Marines approached and were stopped. The men were handcuffed, and their car searched, but then, when Marines found weapons in the house, Lt. Pantano ordered the men unhandcuffed and directed that the car again be searched by the men themselves. As he stood guard over them, Lt. Pantano has said, the men made a menacing move and he shot them. After the shooting, he placed a sign over the car that read, “No Better Friend No Worse Enemy.”

Merry Pantano, the Marine’s mother, said in a telephone interview that she was overjoyed by news of the recommendation.

“From the time we heard these charges were actually preferred on Feb. 1, it has been four months of stress,” Mrs. Pantano said. “Today is a good day.” Attorney Charles Gittins said his client would not be commenting until after Gen. Huck makes his final decision. But he praised the thoroughness of the colonel’s report to the general.

Col. Winn expressed particular distrust in the credibility of the chief prosecution witness, Sgt. Daniel Coburn, whose accusations first led to the stateside investigation, noting that he had changed stories several times.

Sgt. Coburn’s perceptions appeared to have formed the base of the prosecution’s case during the hearing. In Wilmington, the commander of American Legion Post 10, Mike Gregorio, expressed joy upon learning of the report’s findings.

“I never lost faith in this,” said Mr. Gregorio, who attended the hearing each day with Lt. Pantano’s family. “I was so confident that it would go nowhere. I just feel it never should have went to (this). I feel the prosecution did not do their homework with their witnesses. How could this ever go to trial? It would be embarrassing for the Marine Corps.”

John DeSantis: 343-2223 john.desantis@starnewsonline.com

[Modok]

Excellent news. Lt. Pantano did an wonderful job.

[TADSLOS]

Col. Winn expressed particular distrust in the credibility of the chief prosecution witness, Sgt. Daniel Coburn, whose accusations first led to the stateside investigation, noting that he had changed stories several times.

So, when does this POS get his day in court?

[D Rider]

Lt. Pantano’s admission that he fired as many as 60 times at the two suspected insurgents “to send a message” – emptying one magazine from his M-16 rifle, then reloading and emptying another – troubled Col. Winn, according to his report.

My guess is that it was a military/political statement about being sent into combat with a .22 while many special forces are getting to use the new Remington .270 (6.8) cartridge. ; )

[CrawDaddyCA]

I'd say what ever genius that thought of bringing charges against this Marine did the country a disservice by:

1) 'Souring' his view of the Corps and the country. If the country he's fighting for wants to punish him for doing his job, why bother serving?

and

2) Making every service member question his actions for fear of being prosecuted. And in combat, hesitation means death.

Lt. Pantano sounds like a natural leader, and other young Marines are better off with him in command. If my son were a Marine in combat (he's Navy), I'd feel a lot better.

[CrawDaddyCA]

BTW Mom, I thank you and your sons for their service, Semper Fi (from an old squid).

[Excuse_My_Bellicosity]

Sgt. Coburn should be charged with Perjury under UCMJ Article 131 ( http://usmilitary.about.com/library/milinfo/mcm/bl131.htm ). The max penalty for this is Dishonorable Discharge, loss of all pay and allowances, and 5 years confinement. Considering that he fraudulently attempted to have a Marine prosecuted for murder, I say the maximum penalty is warranted.

[Seruzawa]

Maybe the staff officer/prosecutors can go back to doing what they are really really good at - sharpening pencils.

[Ric Fields]

It is sad to say, that the cowardly Sgt. can not be prosecuted, as he was granted immunity for his testimony. He told so many lies, that he forgot what lies he told, so he refused to give any more testimony, unless immunity was given. On the other hand, it was good that immunity WAS granted, because the truth finally came out. Thus the investigators report asks for all charges to be dropped, and recommends Non Judicial Punishment, from the Commanding General. The General has many choices that he can make, including concurrence with the report, and dropping everything. Or the General can give verbal counseling, which will not be entered into Pantano's record. On the other hand, the General can also call for a Courts Martial.
I think that the Corps would like this to just go away. To many mistakes were made, and to much bad press. I'm hoping that the General will be wise enough to dismiss all charges , and let the Lt. get back to work. This country needs men like him!!! He is a rare leader.
Ric Fields tomofwarrick@hotmail.com

[kimosabe31]

“We send our message that we are not to be messed with by sturdy professionalism. We must never lose sight of the fact that we occupy the moral high ground in the fight against the insurgents,” Col. Winn wrote. “We are fighting against terrorists, who use techniques like torture and beheadings to strike fear and intimidate the weak … Once we allow ourselves to traverse down that slope, we are no better than the insurgents we are fighting.”

Someone should advise the good colonel he can take his "moral high ground" and stuff it. The only thing that counts in a fight with these savages is body count...the higher the better. If I had any beef at all with Lt Pantano, with the rounds he used he probably could've whacked five more of them.

[Excuse_My_Bellicosity]

Interesting, thanks for the background.