No jail time recommended for Wuterich
Fox News reports that the judge in the Staff Sgt. Frank Wuterich court martial has recommended no time in confinement for the young sergeant;
The judge’s decision Tuesday at Camp Pendleton, California, now goes to the commander of the Marine Corps Forces Central Command for approval.
Yeah, I think he’s served enough time in the court of public opinion. He’s had this hanging over his head for nearly seven years, that’s enough time. Of course, the Left will freak and the law school warriors will have conniptions. I see some mock trials in the near future which won’t have surprising outcomes.
But I think the prosecutor won this one…Wuterich wasn’t guilty of any of the charges against him and this outcome is the best that the prosecution could hope for.
Category: Terror War
Standing by for the shitstorm.
Semper Fi SSgt Wuterich!
The story says that the judge “recommended” (i.e., sentenced him to) three months, but that the plea agreement prevents him from serving any actual jail time. The story claims that the judge “would recommend” a reduction to E-1, but what must have happened is that the judge actually sentenced him to be reduced to E-1 (as well as confined for 3 months).
Since the plea agreement is with the commander, the commander cannot at this point approve any sentence to confinement. He can approve the reduction, or any part of it. (The commander can always reduce, but never increase, the sentence pronounced by the military judge.)
P.S. – That’s why plea agreements are made with the commander; the commander is basically agreeing to use his power to reduce the sentence (down to the maximum provided in the agreement) in exchange for the guilty plea.
Good to hear.
He’s a Staff Sergeant, or commonly referred to as Staff Sergeant. Marine Corps doesn’t shorten shit to Sergeant.
Yep. Have already heard from a “friend” who is a lawyer. (And a Ron Paul fan.) He is outraged, bwess his widdle bwack heart, at the sentance et al.
How much time does Wuterich have left until he can retire?
Now, let me make this clear, I’m all for following the rules and doing the right thing, but I don’t think under the situation this SSgt had to work under, that he or his men did anything that deserved more than a letter of reprimand.
In the early days in Iraq, the ROE were not always clear, they changed from one area to another and under different units. The asshole insurgents would fire on the troops, then run and hide. We got shot at once, but everybody on our side held their fire because the asshole had women and children around him. Our cover guys could have fired under the ROE at the time, but they didn’t want to hit the friendlys. I didn’t blame them, but I was pissed.
Very few people will understand how messed up rules ete were…and I still think we never had enough troops for Iraq. In most places I went, we could have used 4 times more troops (outside the wire, not fobbits.)
FINALLY! He did what any NCO/SNCO would do to protect his Marines. He did what was necessary, at the moment, right, wrong or indifferent, his Marines came home alive. Semper Fi SSgt Wuterich, job well done.
The almighty Left….still searching for their “My Lia”….
#8, don’t bank on retirement…he can still be administratively separated. It’s not required but is the most likely result at this point. (And if not that he might be “politely encouraged” not to reenlist…)
Lest we forget the MEJA. He can still be charged. Double Jeopardy doesn’t cover different jurisdiction.
Wuterich wasn’t guilty of any of the charges against him…
As I mentioned below – to plead guilty, he had to say he was. He had to explain to the judge why he believed he was guilty, what his duty was and how he failed to do it. (You can’t plead guilty by “box check” – not in military court you can’t, anyway – and you can’t do nolo contendere, either.) So either he believed he was guilty, just the way he said, or he told some persistent lies during the judge’s inquiry.
Now that Wuterich is finally off the hook he can devote his time to finding the real killers.
About friggin time. 7 of 8 had all of their charges dropped, were acquitted or had their case dismissed. Now SSgt Wuterich can get on with the rest of his life. Looks like a massive fail for the liberal media.
Oh and #10, educate yourself, my child.
http://warchronicle.com/TheyAreNotKillers/Exclusive/AlQaedaInHaditha-NatHelms.htm
http://warchronicle.com/DefendOurMarines/Documents/Encl_33__Optimized_19_Nov_Atks_and_Assess%5B1%5D.BATES.pdf
#15^
Alberich,
If they try to administratively separate him, they will have to find a new basis under which to do so. Normally, the command would attempt to separate him based on the “commission of a serious offense” basis; however, in order to separate someone using that basis, the “serious offense” must rate a punitive discharge. SSgt Wuterich plead guilty to negligent dereliction and a puntive discharge is not authorized for that offense. I think the most likely result is that the command will encourage him not to reenlist or, mysteriously, there will be no “boat spaces” left for his MOS when he submits his reenlistment package.
Brian, good point.