Gary Myers and Dan Conway did a tremendous job.
I agree totally! And in such a short time. Red, these charges should never have been made against Sgt. Winnick. Here's more from San Diego Union Tribune,
Defense presented in killings of 2 Iraqis
--------Pretrial hearing held for Marine By Rick Rogers
CAMP PENDLETON – Murky rules of engagement caused Sgt. John Winnick II and his team of Marine snipers to kill two civilians and wound two others about a year ago in Iraq, his attorneys said yesterday during a hearing at Camp Pendleton.
Winnick, 24, is accused of shooting in haste and ordering his men to do the same. He is charged with voluntary manslaughter, aggravated assault and failure to obey orders or regulations. If convicted, he could be imprisoned for 40 years and receive a dishonorable discharge.
Four members of the sniper group have received formal reprimands for their actions June 17, 2007, near Lake Tharthar in western Iraq. Winnick, a San Diego native who graduated from The Winston School in Del Mar in 2002, was on his fourth combat tour when the shootings occurred.
On that day, Winnick and five other members of the sniper team staked out a highway intersection where insurgents were known to plant roadside bombs, Sgt. Alex Wazenkewitz, a member of the group, testified yesterday.
At one point, Wazenkewitz said, a car stopped and a man got out and “messed with the ground” before leaving. A short time later, another vehicle stopped on the side of the road opposite from where the first car had parked, he said.
After the second vehicle left, a big rig stopped in the same vicinity. A man came out and appeared to take a satchel from the truck.
“We are thinking: 'This is coordinated. They are probably going to (plant) an improvised explosive device,' ” Wazenkewitz testified.
Winnick shot the man near the truck with his sniper rifle, grabbed a shotgun to lead his team's assault on the big rig and fired more rounds, Wazenkewitz said.
One man died from a shot to the head, a second was shot in the stomach and a third suffered some type of wound, Wazenkewitz testified.
“This (one) guy had like an evil smirk on his face and was kissing his fingers and pointing at us and pointing to the sky. He was taunting us,” Wazenkewitz recalled.
Winnick took notes during the hearing. Friends and six of his family members sat in the front row of the courtroom,
while Marines supporting him filled most of the other seats and overflowed into the waiting room.
Lt. Steven Chamales, who led the quick-reaction force that aided Winnick's team, testified that he searched the big rig's cab and the ground around it and found nothing related to bomb-making.
“My concern is that I did not see anything worth shooting over,” Chamales said. “I saw no ordnance. I saw no ammo. I saw no weapons. I saw no digging materials, no homemade explosives.”
No one searched the trailer, which appeared to be full of 2-liter bottles of soda, he said.
Cpl. Justin Governale testified to seeing a wounded man crawling toward a cell phone before Winnick killed him with a shotgun blast. Governale said he thought the man was trying to detonate a bomb.
“As soon as I heard the discharge of the weapon, I felt relieved because I had thought I was going to get blown up. . . . If I was in (Winnick's) shoes, I would have shot, I can tell you that for sure,” Governale said.
Lt. Dominic Corabi, Winnick's platoon commander in Iraq, testified that even senior officers couldn't agree on when a Marine could use deadly force. Corabi said he disregarded the advice of his battalion's executive officer and followed the guidance of the unit's lawyer, who said Marines should use lethal force if they deem it necessary.
He also said Capt. Oliver Dreger once reminded his fellow Marines, “Hey, guys, remember the Marine Corps will eat its young.” Dreger is scheduled to take the stand today.
“The general consensus was that if you took a shot, there was going to be a big investigation,” Corabi testified. “I said (to snipers) to basically 'do your best. Make these decisions as best you can, and I will support you.' ”
Capt. Jeffrey King, who is overseeing Winnick's Article 32 session, will recommend to Lt. Gen. Samuel Helland, the convening authority in the case, whether Winnick should go to trial. --------