http://www.google.com/hostednews/ap/article/ALeqM5jZb3LpwcxiYupIILezo...
dlT2A?docId=d4bcec45309d4317aa531d745d907810
KANEOHE BAY, Hawaii (AP) — A Hawaii-based Marine lance corporal accused
of hazing in Afghanistan is going to jail for 30 days and will have his
rank reduced to private first class for punching and kicking a fellow
Marine who killed himself shortly afterward.
Navy Capt. Carrie Stephens, the judge in Lance Cpl. Jacob Jacoby's
special court-martial, handed down the sentence after Jacoby, 21,
pleaded guilty to assault.
The Marine admitted he punched and kicked Lance Cpl. Harry Lew of Santa
Clara, Calif. As part of the plea deal, prosecutors withdrew charges
that Jacoby humiliated and threatened Lew.
Stephens said she found no evidence that Jacoby's abuse of Lew caused
Lew to kill himself, and she didn't take the suicide into account when
determining the sentence.
Two other Marines have also been accused of hazing Lew and face
courts-martial.
Jacoby said he acted out of anger and frustration that his fellow Marine
had repeatedly fallen asleep while on watch for Taliban fighters.
He told the court he wanted to talk to Lew, to find out why he kept
falling asleep, and to help him stay awake. But Jacoby said he got angry
when Lew spoke to him in a disrespectful manner, even though Lew was
putting the lives of the Marines at their patrol base in danger by
dozing off.
Before sentencing, Jacoby said he was sorry and that he wanted to take
responsibility for his actions.
"I allowed my emotions and frustrations to get the best of me, and acted
out against a fellow Marine," Jacoby said.
He said he will never forget the pain and humiliation of being
court-martialed, and believes he can use his experience to help other
Marines.
Marine Capt. Jesse Schweig said the government was confident Jacoby is
capable of rehabilitating himself.
But Schweig asked the judge to sentence Jacoby with an eye on deterring
similar behavior. He said Jacoby should be given a bad conduct
discharge.
"If this is how you're going to approach and motivate your peers, then
you do not need to be a part of the service," Schweig said in closing
remarks at the sentencing hearing.
Navy Lt. John Battisi, Jacoby's attorney, said Jacoby lost his temper
and struck Lew — but argued Jacoby made sure to hit Lew on his body
armor where he was best protected.
He also asked the judge to keep in mind the circumstances the Marines
were in, and that the chain of command hadn't addressed Lew's sleeping
problem and instead had left the issue in Jacoby's hands that night.
"We're asking him to control his emotions and gain emotional maturity in
the heat of battle," Battisi said in his closing remarks.
Lew committed suicide April 3 at a patrol base in Helmand province,
shortly after the abuse. The 21-year-old was a nephew of U.S. Rep. Judy
Chu.
Two other Marines also are accused of hazing Lew before he shot himself
with his machine gun in his foxhole. Sgt. Benjamin Johns, the leader of
the squad the Marines belonged to, and Lance Cpl. Carlos Orozco III will
have their own separate courts-martial later.
Both Marines watched the court proceedings Monday.
Lew's father, Allen Lew, testified during the sentencing hearing that
his son wanted to join the Marines because he felt it was "the best."
He said was shocked to hear about his son's death, and his legs buckled
when Marines came to his house at 7:30 a.m. with the news in April.
"My son died — I have only one son," Lew said. He said he doesn't
understand how Marines could do the things they did to their own.
Chu, D-Calif., attended the hearing. "I want to make sure that there is
justice for Harry. And I want to support these brave persons, his
parents," she told reporters beforehand.
The attorney representing Johns said he was concerned the presence of a
politician will taint the process and interfere with justice.
"How do I get a fair jury? What implicit message is she trying to send
to those panel members?" said Tim Bilecki, a defense attorney who
specializes in military clients.
Chu said that wouldn't be the case. "I'm not going to be saying anything
in the trial. All I'm doing is being here. I'm here for the family to
support them," she said.
The case involves the actions of Marines at an isolated patrol base the
U.S. was establishing to disrupt Taliban drug and weapons trafficking in
Helmand province.
Squad members and officers had tried different methods to get him to
stay awake, including referring him up the chain of command for
discipline and taking him off patrols so he could get more rest.
But on Lew's last night, when he fell asleep again, those efforts
escalated into alleged acts of violence and humiliation, according to
the charges. The Marines were accused of punching and kicking him,
making him do push-ups and pouring sand in his face.
A central issue in the case has been whether the Marines intended to
humiliate and harm Lew or discipline him so he would stop falling asleep
while on watch duty.
Before Lew put the muzzle of his machine gun in his mouth and pulled the
trigger, he scrawled a note on his arm: "May hate me now, but in the
long run this was the right choice I'm sorry my mom deserves the truth.
--
Obama's black racist USAG appointee.
Eric Holder, racist black United States Attorney General drops voter
intimidation charges against the Black Panthers, "You are about to be
ruled by the black man, cracker!"
Eric Holder, prejudiced black United States Attorney General settles the
hate crime debate, "Whites Not Protected by Hate Crime Laws."
Nancy Pelosi, Democrat criminal, accessory before and after the fact, to
former House Ways and Means Committee Chairman Charles B. Rangel of New
York's million dollar tax evasion.
Barack Obama and Eric Holder, committed treason by knowingly and
deliberately arming enemies of the United States of America through
Operation Fast and Furious. Complicit in the murder of Federal
employees during the execution of their duties.
--- Posted via news://freenews.netfront.net/ - Complaints to n...@netfront.net ---
