2nd Marine on trial over alleged hazing suicide

KANEOHE BAY, Hawaii - The Marine Corps says a squad leader accused of hazing a Marine who later killed himself in Afghanistan will go to trial next week.

Sgt. Benjamin Johns will face a general court martial Monday at Kaneohe Bay. He's the second Marine to go to trial in the case.

The first, Lance Cpl. Jacob Jacoby, pleaded guilty to assault for punching and kicking Lance Cpl. Harry Lew shortly before Lew shot himself April 3.

A military judge earlier this week sentenced Jacoby to 30 days in jail and a reduction in rank.

Johns was the leader of the squad that included Lew. He has been charged with humiliating Lew and failing to supervise and ensure the welfare of Marines under his care.

Johns denies the charges.

Jacoby admitted he punched and kicked Lance Cpl. Harry Lew. As part of the plea deal, prosecutors withdrew charges that Jacoby humiliated and threatened Lew.

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.

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.

At an Article 32 hearing - the equivalent of a grand jury hearing for civilians - Marines testified in September that Lew repeatedly fell asleep while he was on watch duty and patrol looking for attacking insurgents. 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 charges outlined at the hearing. The Marines were accused of punching and kicking him, making him do pushups and pouring sand in his face.

A significant share of the questions raised at the Article 32 hearing focused on whether the accused 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."

A Marine commander in retrospect speculated Lew may have been nodding off because he suffered from depression or some other medical condition.