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North County Times

General orders case dismissed against Sgt. John ‘Johnny’ Winnick II
By MARK WALKER – Staff Writer | Thursday, July 24, 2008

CAMP PENDLETON —- Manslaughter and dereliction of duty charges have been dropped against a Marine sniper accused of wrongfully killing two men he suspected were planting a roadside bomb in Iraq last year.

The dismissal of charges against Iraq war veteran Sgt. John “Johnny” Winnick II of San Diego was ordered this week by Camp Pendleton’s Lt. Gen. Samuel Helland, head of the base’s I Marine Expeditionary Force.

Helland’s action came after a hearing officer who presided over a two-day investigative hearing into the circumstances of the incident recommended the charges be dismissed.

“In light of all the circumstances, the commanding general of I MEF had determined that Sgt. Winnick’s actions do not warrant referral to court-martial,” said Marine Corps spokesman Mike Alvarez.

The dismissal is the latest in a series of favorable rulings for Camp Pendleton Marines accused of unlawful killings in Iraq.

Winnick’s father, John Winnick Sr., said he was “overjoyed” to learn that his son will not face further prosecution in the incident that took place in the Anbar province on June 17 last year.

“It shows justice truly does exist in our system,” he said. “Johnny is an excellent Marine and a man of integrity who was just doing his job.”

Gary Solis, a former Marine prosecutor and judge who teaches military law at Washington’s Georgetown University, said the Winnick case stands out from others because of the testimony during the hearing that showed he had reason to believe the men were involved in planting a roadside bomb.

“It boils down to a judgment call of what constitutes positive identity on the part of a Marine who has to make a split-second decision versus what a commander may later assess,” Solis said during a telephone interview. “Lacking clear-cut evidence of wrongdoing, do we really want to send a Marine to trial?

“You have to wonder how a case like this got this far,” Solis continued. “Sometimes, it seems like the Marine Corps is eating its young.”

Winnick was leading a sniper team near a Marine outpost in an area that had been hit with two roadside bomb attacks. As he and his five men watched, two vehicles drove up and the men inside got out of the vehicles and appeared to prepare the surface of the roadway for a bomb, according to undisputed testimony.

Shortly after those vehicles departed, an 18-wheel semitrailer stopped at the same spot. The driver got out, according to testimony, crawled under the truck and appeared to place a bomb on the roadway. At that point, Winnick fired at the man, killing him. His men also began firing at the truck and three other men who emerged from its two-seat cab.

As Winnick and another Marine ran up to the truck, a second man who had been wounded was crawling toward a cell phone, prompting Winnick to fatally wound him with a shotgun blast, according to the testimony.

A search of the truck cab and cursory search of the trailer did not turn up any weapons, bomb-making material or shovels. Testimony showed that the truck went unguarded and disappeared within a day.

The dereliction charge alleged that Winnick had failed to follow the rules of engagement requiring positive identification.

Capt. Oliver Dreger, an intelligence officer for Camp Pendleton’s 3rd Battalion, 1st Marine Regiment that included Winnick’s platoon, testified the squad had been sufficiently briefed on the rules of engagement.

But much of the hearing focused on confusion about those rules. The platoon commander, Lt. Dominic Corabi, testified that snipers had no clear understanding about when they could shoot a suspected insurgent at long range. Senior commanders, he said, were unable to define terms such as “hostile intent” and “positive identification.”

The charges were dismissed without prejudice, meaning they could be refiled if new evidence comes to light.