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Marine convicted of negligent homicide in killing of Iraqi soldier
By: MARK WALKER - Staff Writer | ∞
Lance Cpl. Delano Holmes CAMP PENDLETON ---- A Marine lance corporal was found guilty this morning of negligent homicide and lying to investigators in the stabbing death of Iraqi army private during a fight at a guard station at Camp Fallujah last New Year's eve.
Lance Cpl. Delano Holmes showed no visible reaction when the verdict was announced. The 22-year-old Indianapolis native's case was heard by a jury of five enlisted men and three officers over eight days.
Holmes faces up to eight years and a dishonorable discharge if sentenced to the maximum punishment on the two convictions.
A sentencing hearing for Holmes is slated to begin at 1 p.m. The defense and prosecution can present witnesses to the jury and make arguments on what they believe is appropriate punishment for Holmes, who has been in custody in the base brig since being returned from Iraq in February. Unlike the civilian court where a judge decides the sentence, military juries decide what they believe is the appropriate punishment.
Holmes did not testify but will make a statement at the sentencing hearing, his attorneys said.
His attorneys maintain he killed Pvt. Munther Jasem Muhammed Hassin out of fear for his own life when the two got into a fight.
Prosecutors alleged that was a lie and that the Marine reservist from the 1 Battalion, 24th Marine Regiment based in Lansing, Mich., killed the Iraqi in a rage.
An autopsy showed that Hassin had 17 stab wounds and that his nose had been nearly sliced off of his face.
Holmes could have been convicted of unpremeditated murder, a crime that carries a possible life prison sentence.
The lying charge stemmed from Holmes' telling investigators different versions of what occurred when he and the Iraqi began fighting about 5:45 a.m. Holmes maintained through his attorneys that the fight stemmed from the Iraqi using an cellphone and smoking a cigarette, both of which illuminated their position to a possible sniper attack.
See more of this story in Friday's North County Times.
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Dishonor wrote on Dec 13, 2007 12:20 PM:You train our guys to kill, you send them to an unstable area, put them in a high stress environment and when one of them actually 'kills' you punish him, chastize him and give him a 'dishonorable discharge' hmmmph...and what did you expect from this kid when you sent him there? Duh?
Torchie wrote on Dec 13, 2007 12:54 PM:I had a chance to serve in our military and refused because i just don't believe our government makes the soundest judgements when it comes to starting a war. It's ok to send our troops to a senseless war but when they actually do their job they get prison time? Not surprised at all. Sad
to dishonor wrote on Dec 13, 2007 12:54 PM:I could not agree with you more!!!! ive been saying it for years!!
unbelievable wrote on Dec 13, 2007 1:02 PM:I agree, what the heck is going on here? This entire country is UPSIDE DOWN. It is no wonder they have a recruitment problem. We have 2 border agents in jail for doing their job. And now we put this guy in jail for defending his country! I think that something is greatly amiss in this whole Country.
Its Me wrote on Dec 13, 2007 2:01 PM:Look at the Eagle Globe and Anchor in the picture on his Dress Blues, not how on the collar they are facing outboard not INBOARD
WW1 vet..... wrote on Dec 13, 2007 2:20 PM:folks of today are nambie pambies. In the great war we tried not to hurt prisoners or civilians. Back in my day we went to war with gusto, we did what we had to do, and then came home and went about or lives. Except for zeke, he got his on a night recon in no-man's land. And my buddy Clem, he was cut down by the spanish flu. I miss those guys, always funning around. Clem, Zeke, why God why? Why couldn't it have been me?
Civil War Vet wrote on Dec 13, 2007 4:15 PM:Why back in my day we didn't fuss around all hootin' and hollerin' about this and that. No siree bob. We just plain killed them thar rebs quick as they peeked up over a log. Now put that in your pipe and smoke it WW I Vet, sonny boy. The corporal didn't do nuthin rong far as I can see. Anyway, them terror guys are lower then a snake's belly in a wagon track.
Justice served!! wrote on Dec 13, 2007 4:56 PM:Sadly it takes just a few cases like this to tarnish the reputation of so many of our soldiers. When so many seem to support his actions of murdering one of his Iraqi peers standing guard duty - that makes me wonder all the more if we can distinguish honor and duty from murder. Throw the book at the murderer and let him be an example to those that we do have justice in this country and no murder by our servicemen or women will go unpunished.
AW4cryinoutloud wrote on Dec 13, 2007 5:33 PM:To Civil War Vet: Thank you for your service, thank you for commenting before WWI Vet, and congratulations on your longevity.
AW4cryinoutlod wrote on Dec 13, 2007 5:38 PM:To Civil War Vet: Well, I no sooner thanked you when WWI Vet's comment popped up, placed at 2:20PM, ahead of yours. Oh well! Civil War and longevity trump WWI.
British vet from Revolutionary War wrote on Dec 13, 2007 5:44 PM:Blimey, you chaps certainly tanned our bottoms! I told them we shouldn't have worn bright red tunics in battle. But NOOOOOO, the toffe-nosed blighters just yelled 'bollocks'. Crikey, where's the loo missus?
AW4cryinoutloud wrote on Dec 13, 2007 5:45 PM:To Justice served!!: Justice is the last thing you've been witnessing in the constant persecution of our troops. You've been witnessing cowardice and abuse of power. Justice has nothing to do with it.
ED wrote on Dec 13, 2007 5:58 PM:Stabbed the guy 17 times? Sounds like he has a screw loose. Just because you're in uniform doesn't give you license to do that.
OldMCRDGunny wrote on Dec 13, 2007 10:22 PM:This Marine cannot, as Its Me said, even wear the uniform and insigna correctly. You know some people trained as Marines, simply become unbalanced with the killing opportunities. No one knows how a Marine will respond under the pressure of combat. In the Vietnam we had a Marine who went nuts and killed civilian Vietnamese women who were left handed. He got a couple before the Corps caught up with him. The Corps just has to root them out and get rid of them. Semper Fi!
Border Patrol Agents Are Criminals wrote on Dec 14, 2007 3:36 AM:Theya re in jail because they violated numerous guidelines (aka rules) covered up the facts, tried to get witnesses to change their stories. Great guys, but criminals and in jail where they deserve to be.
Anne wrote on Dec 14, 2007 7:18 AM:I understand this young Marine's anxiety that night, but 17 stab wounds and how many slashes. It's too bad he went so far overboard. He made a statement, one of hatred.
Spartan veteran from the Battle of Thermopylae wrote on Dec 14, 2007 8:22 AM:You veterans from WWI, the Civil War and the Revolutionary War haven't seen anything until you have sliced and diced tens of thousands of Persian invaders, circa 480 B.C., on your home turf! The USMC prosecutor said the autopsy of the dead Iraqi revealed 17 stab wounds and 21 slashes to the corpse. Hell, at Thermopylae 17 stab wounds and 21 slashes to a Persian was considered a light early morning workout! America now carries the torch of Western Civilization that was first lit by the ancient Greeks. However, that torched is at risk of being permanently extinguished with these sham show trials of trained warriors who are simply doing their jobs. Cpl. Holmes is nothing more than a political sacrificial lamb to appease the corrupt Arab muslims running the current Iraqi govt. Cpl. Holmes should be promoted and sent back to the front so he can do his job...killing Islamofascists who threaten Western Civilization, democracy and enlightenment. Molon labe!
Good Luck Marine wrote on Dec 14, 2007 9:15 AM:First off I have to say Good Luck to Holmes and may God be with him in his sentencing... Second, what would have happened if the roles were reversed and the Iraqi man had the upper hand on our marine? Would the foster parent of this marine be told that he died fighting or would they actually be told the truth.. and then what would happen to the Iraqi I doubt anything... Good Luck to Holmes and his family...
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