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.
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