But a jury acquitted Johns earlier this month after one hour of deliberation. Johns’ attorney argued the foxhole was operationally necessary because it was needed to help keep Lew awake. By AUDREY McAVOY ADVERTISING Associated Press KANEOHE BAY, Oahu —
By AUDREY McAVOY
Associated Press
KANEOHE BAY, Oahu — A military jury on Friday found a Marine not guilty of hazing a fellow Hawaii-based lance corporal who killed himself in Afghanistan — the second Marine to be acquitted of charges in the case.
The panel of three officers and five enlisted Marines deliberated nearly two and a half hours to reach their verdict in the general court-martial of Lance Cpl. Carlos Orozco III.
Prosecutors alleged Orozco poured sand on the face of Lance Cpl. Harry Lew and made him do push-ups and leg lifts shortly before Lew fatally shot himself with his machine gun on April 3 at their remote patrol base in Helmand province.
Orozco was acquitted of all charges that he assaulted, cruelly treated and humiliated Lew, a Santa Clara, Calif., native who was a nephew of U.S. Rep. Judy Chu, D-Calif.
Orozco was the last of three Marines to be court-martialed for the alleged hazing of Lew. Another lance corporal last month pleaded guilty to assault after admitting he punched and kicked Lew. He was sentenced to 30 days in jail and a reduction in rank to private first class.
A jury in a separate trial later found their squad leader, a sergeant, not guilty of humiliating and demeaning Lew.
Defense attorney Capt. Aaron Meyer told jurors Orozco had Lew do push-ups and sit ups. But he said it was to keep Lew awake after Lew had fallen asleep on watch for the fourth time in 10 days.
Further, he said Orozco was authorized to have a Marine in the squad do physical training like push-ups if the purpose was to maintain good order and discipline, if there was no malice involved, and if the training didn’t physically exhaust the Marine.
If Orozco had allowed Lew to fall asleep again, his command would have asked him why he didn’t do more to keep Lew awake, Meyer said.
“This was Orozco trying to keep active and keep motivated his friend,” Meyer said in closing arguments. “It has nothing to do with hazing.”
He said Orozco never poured sand in Lew’s face, and Orozco picked up the sandbag only when it fell off Lew while Lew was doing leg lifts. He said Lew had lost interest in what he was doing, and appeared not to care.
Prosecuting attorney Maj. Hanorah Tyer-Witek argued Orozco was annoyed and fed up that Lew had fallen asleep on watch again.
Orozco pulled Lew out of the foxhole his squad leader had ordered him to dig to help him stay awake, she said.
Lew hadn’t had anything to eat or drink for two hours, but Orozco made him do side planks and leg lifts, she said. Then Orozco pulled the sandbag and poured sand in Lew’s face, she said.
“This is maltreatment of a Marine who is under his care, who he had a duty to protect,” she said.
Sgt. Benjamin Johns, the squad’s leader, was charged with hazing for ordering Lew to dig a foxhole after he fell asleep on April 2.
But a jury acquitted Johns earlier this month after one hour of deliberation. Johns’ attorney argued the foxhole was operationally necessary because it was needed to help keep Lew awake.
