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Marine convicted of killing Iraqi soldier
By: MARK WALKER --- Staff Writer
Lance Cpl. Delano V. Holmes pleads with jury to spare him from a prison sentence | ∞
Lance Cpl. Delano Holmes CAMP PENDLETON ---- After a jury convicted a Marine on Thursday morning of negligent homicide in the stabbing death of an Iraqi army soldier, he pleaded with the jurors to spare him a prison sentence and let him resume his service.
"The Marine Corps is what I am," Lance Cpl. Delano Holmes said in halting, tear-filled remarks in a hushed base courtroom, never addressing the incident that placed him there. "I beg you, please allow me to go back. All l am asking for is another chance."
The jury could have convicted 22-year-old Holmes of the more serious charge of unpremeditated murder, which carries a possible life prison term, but instead chose the lesser offense after about six hours of deliberation.
He faces a maximum of eight years in prison. The three officers and five enlisted men on the jury also convicted Holmes of making a false official statement. The jury will hear final arguments from the prosecution and defense this morning before deliberating Holmes' fate.
An Indianapolis native, Holmes sat stoically throughout the trial and never testified. He showed no reaction when the verdict was announced, but cried throughout a rambling, 17-minute address at the end of the day.
His remarks were made in the form of what the military calls an unsworn statement, meaning he could not be questioned by prosecutors.
Holmes' lead attorney, Steve Cook, said after the conviction was announced that his client was "disappointed" and had counted on being acquitted in the death of Iraqi army Pvt. Munther Jasem Muhammed Hassin.
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. during guard duty in a tower just outside Camp Fallujah on Dec. 31, 2006.
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.
His attorneys called several witnesses to support an assertion that the Iraqi may have been signaling snipers in nearby apartment buildings. Some of those witnesses testified that many Iraqi army soldiers were not considered trustworthy.
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.
Holmes had told the investigators that he used his bayonet to stab Hassin because he believed the man was reaching for an AK-47 and would shoot him.
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.
During his disjointed remarks, Holmes spoke of being a Christian, of ministering to other Marines in the base brig where he has been held since February and the difficulties he faced growing up.
"It seems like most of my life, I've been a child of misfortune," he said.
Before he spoke, a parade of Marines who served with Holmes in Iraq testified about his dedication and reliability. Each said they would gladly serve with him again.
"He's an outstanding Marine," Sgt. Jesse Falke testified. "He always held himself in very good character," he said, adding he would have no hesitation to return to a battlefield with Holmes at his side.
Jenni Crowley, a Presbyterian youth minister from Indianapolis who was his foster mother during his senior year of high school and is seeking to adopt him, told jurors that Holmes had persevered through many challenges as a teenager.
"He will overcome this and move on to the goals in his life," she said.
Holmes is the second U.S. service member convicted of killing an Iraqi soldier since the Iraqi army was re-established in late 2003, according to military records. In 2004, Army Pvt. Federico Daniel Merida was found guilty of shooting an Iraqi soldier after the two had sex. He received a 25-year prison term.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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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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