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Posted: 2/19/2006 6:29:43 AM EDT
wireservice.wired.com/wired/story.asp?section=Breaking&storyId=1160794


CAMP LEJEUNE, N.C. (AP) -- A former Marine who fled in June, skipping a court-martial in which he was convicted of accidentally killing his roommate, has been apprehended in Europe, military officials said.

Frederico Pimienta was found Wednesday in San Fernando, Spain, about 40 minutes from a Navy base in Rota, said Paul Ciccarelli, special agent in charge of the Naval Criminal Investigative Service's Carolina field office.

"He was held overnight and then we transported him by military aircraft to Kelly Air Force base in Texas," Ciccarelli said. "He was then turned over to the Marine Corps Absentee Collection Unit."

Pimienta, 23, of Hillside, N.J., went missing the day before his court-martial was to start at Camp Lejeune. He was convicted of involuntary manslaughter for shooting Lance Cpl. Russell White, 19, of Dagsboro, Del., while they were in a hut at Afghanistan's Bagram Air Base. Defense lawyers said Pimienta was cleaning his gun at the time.

He was sentenced to 12 years in prison. Ciccarelli said he also faces unauthorized absence charges.



Link Posted: 2/19/2006 6:32:02 AM EDT
I'm sure running didn't help
Link Posted: 2/19/2006 6:43:47 AM EDT
Link Posted: 2/19/2006 6:54:02 AM EDT
Link Posted: 2/19/2006 7:14:09 AM EDT

Originally Posted By Paul:
Military sentences are day-for-day with no time off for behavior. Looks like the USMC is serious about ND and doesn't want any more of them. A dozen years for an accident is a long time.

If civilian courts would take up similar crime to punishment sentences we'd have less crime too.




It was an accident. No punishment will ever prevent an accident as it was completely unintentional from the beging. Twelve years seems rediculous, considering only last week, the friggen VP nearly shot someone to death and got NO punishment.
Link Posted: 2/19/2006 7:20:50 AM EDT
[Last Edit: 2/19/2006 7:22:55 AM EDT by gardenWeasel]

Originally Posted By FunYun1983:

Originally Posted By Paul:
Military sentences are day-for-day with no time off for behavior. Looks like the USMC is serious about ND and doesn't want any more of them. A dozen years for an accident is a long time.

If civilian courts would take up similar crime to punishment sentences we'd have less crime too.




It was an accident. No punishment will ever prevent an accident as it was completely unintentional from the beging. Twelve years seems rediculous, considering only last week, the friggen VP nearly shot someone to death and got NO punishment.



Boo Hoo! He chose to run instead of showing up for his court martial, so he was convicted and got a long sentence.
Link Posted: 2/19/2006 7:28:58 AM EDT

Originally Posted By FunYun1983:

Originally Posted By Paul:
Military sentences are day-for-day with no time off for behavior. Looks like the USMC is serious about ND and doesn't want any more of them. A dozen years for an accident is a long time.

If civilian courts would take up similar crime to punishment sentences we'd have less crime too.




It was an accident. No punishment will ever prevent an accident as it was completely unintentional from the beging. Twelve years seems rediculous, considering only last week, the friggen VP nearly shot someone to death and got NO punishment.

Bullshit.

Every Marine is told, literally thousands of times, to practice safe firearms handling. The four safety rules are repeated dozens of times, starting in boot camp, and continuing every time you go to the range, until you are done being in the Marine Corps.

Safety and accountability are stressed so much that even a retarded child couldn't spend two weeks in the Marine Corps without knowing that they will destroy your life if you do something stupid.

This guy ignored everything he was ever taught about safe weapons handling. He didn't clear his rifle, and he shot someone. He deserves what he got.
Link Posted: 2/19/2006 7:37:23 AM EDT

Originally Posted By FunYun1983:

Originally Posted By Paul:
Military sentences are day-for-day with no time off for behavior. Looks like the USMC is serious about ND and doesn't want any more of them. A dozen years for an accident is a long time.

If civilian courts would take up similar crime to punishment sentences we'd have less crime too.




It was an accident. No punishment will ever prevent an accident as it was completely unintentional from the beging. Twelve years seems rediculous, considering only last week, the friggen VP nearly shot someone to death and got NO punishment.




The VP shot someone in an active hunting environment. Little bit different from cleaning your weapons and shooting your buddy. Additionally, Cheney probably has not had the bone-deep training they shoot for in the Marines.

The FIRST thing you do with your weapon is to check to see if it is clear . . . LOOK in the chamber. This guy did not do this, for whatever reason, then pulled the trigger with the weapon pointed at his buddy. The ability of the court-martial to give him JUST 12 years probably took some restraint. I would have asked for a life sentence, death sentence if he had ANY motive at all to off his buddy. The circumstances reek of a contrived killing of his buddy, but from here I would give him the benefit of the doubt and say he violated every single rule he had been given during his training.
Link Posted: 2/19/2006 8:24:03 AM EDT
I don't understand how that could have happened: there must be more to this. If you are cleaning an AR - they didn't say if it was, though I did not see an entire article - it is broken and the bolt is out. It's the easy way to clean. So, how can this be? If it was a pistol, I couldnt' say since I never had my hands on a Beretta : when I was in it was still 1911A1 or a .38. .
Link Posted: 2/19/2006 2:02:11 PM EDT
CAMP LEJEUNE, N.C. (AP) -- A former Marine who fled in June, skipping a court-martial in which he was convicted of accidentally killing his roommate, has been apprehended in Europe, military officials said.

Frederico Pimienta was found Wednesday in San Fernando, Spain, about 40 minutes from a Navy base in Rota, said Paul Ciccarelli, special agent in charge of the Naval Criminal Investigative Service's Carolina field office.

"He was held overnight and then we transported him by military aircraft to Kelly Air Force base Lackland AFB (annex) in Texas," Ciccarelli said. "He was then turned over to the Marine Corps Absentee Collection Unit."

Pimienta, 23, of Hillside, N.J., went missing the day before his court-martial was to start at Camp Lejeune. He was convicted of involuntary manslaughter for shooting Lance Cpl. Russell White, 19, of Dagsboro, Del., while they were in a hut at Afghanistan's Bagram Air Base. Defense lawyers said Pimienta was cleaning his gun at the time.

He was sentenced to 12 years in prison. Ciccarelli said he also faces unauthorized absence charges.



Fixed it for ya.
Kelly AFB was absorbed by Lackland AFB a couple of years ago.

B_S

Link Posted: 2/19/2006 10:28:20 PM EDT

Originally Posted By rjroberts:
I don't understand how that could have happened: there must be more to this. If you are cleaning an AR - they didn't say if it was, though I did not see an entire article - it is broken and the bolt is out. It's the easy way to clean. So, how can this be? If it was a pistol, I couldnt' say since I never had my hands on a Beretta : when I was in it was still 1911A1 or a .38. .



That could be part of the reason he got 12 years, very very dificult to "clean" an M-16 with a round in the chamber. Haven't read the trial transcript but it wouldn't surprise me if horseplay was involved.
Link Posted: 2/19/2006 10:31:36 PM EDT
[Last Edit: 2/19/2006 10:31:47 PM EDT by HarrySacz]
He should have not ran, it was an accident and he should have taken his chances in court.
Link Posted: 2/19/2006 10:36:44 PM EDT
What he did certainly merits serious punishment, but 12 years is too harsh IMO. That's the equivalent to raping four people in the civilian world.

Link Posted: 2/19/2006 10:39:11 PM EDT

Originally Posted By PaDanby:

Originally Posted By rjroberts:
I don't understand how that could have happened: there must be more to this. If you are cleaning an AR - they didn't say if it was, though I did not see an entire article - it is broken and the bolt is out. It's the easy way to clean. So, how can this be? If it was a pistol, I couldnt' say since I never had my hands on a Beretta : when I was in it was still 1911A1 or a .38. .



That could be part of the reason he got 12 years, very very dificult to "clean" an M-16 with a round in the chamber. Haven't read the trial transcript but it wouldn't surprise me if horseplay was involved.



+1 but it still sucks he got 12 years in pound me in the ass prison
Link Posted: 2/19/2006 10:54:31 PM EDT
[Last Edit: 2/19/2006 10:57:09 PM EDT by 1IV]
Sounds like he killed a man and got sentenced. I have read he was charged with manslaughter, not criminal negligence, or deriliction of duty. Manslaughter means he was using Deadly force improperly.
Force that he knew to, or should of known, would cause serious bodily harm or death. I will wager he was aiming in on one of his fellow marines after or before breaking the weapon down for cleaning, and pulled the trigger. I would wager there were witnesses, and alot of people were telling him to stop fucking around before it happened.

No sympathy. I had a coworkers wife get killed as she slept on the couch. The Killer brought his semi auto shot gun into the front room to clean it while she took a nap. Then he laid it across his lap and "accidentaly" shot her in the head with birdshot. It went to trial in Texas and he was aquited. I have my doubts based uppon his character as to how much was intent vs accident.

PS: I am a Marine...90-94
Link Posted: 2/19/2006 11:00:10 PM EDT
I'm wondering if he would have gotten off a lot easier if he hadn't run?
Link Posted: 2/19/2006 11:53:38 PM EDT
Took me nearly getting expelled from high school for showing up drunk to a dance to learn
"an innocent man NEVER runs". If you are a decent, honorable individual you will stand fast and take your lumps. Even in the 'core, I have a hard time believing a simple ND would have led to a 12 year sentence in the clink. Its possible horseplay or some type of unauthorized and reckless activity was underway when the ND occured. Accidents happen, and a ND that caused a fatality would certainly be cause for a court martial. Reasonably, a dishonorable discharge and possibly some other penalty would be mandated, but 12 years for a ND? Unless you are a complete idiot or your are doing something you aren't supposed to be doing*fucking around* its difficult to have a ND while "cleaning" a gun. Seems like a round always stops MY cleaning rod.....a dozen year, harsh and extreme sentence indicates there is more to the story...granted he didn't behave like a Marine, and they take that seriously, 12 years in the clink for an honest accident? Unreasonable.
There are 2 types of people, those who have experienced a ND and those who are going too. I am extremely careful with weapons and accidents happen. We had a live round go off in the lab years back and it caused injury to an tech. She survived, but was injured....No disciplinary action was taken as it was a true accidnet. All safety proticals were followed....how a prison sentence would have solved this, I don't know....
Link Posted: 2/20/2006 4:30:39 AM EDT
12 years is what a man in New York state got after abducting, raping and murdering two children. After he got out he turned into a serial killer and murdered several women in the Rochester, NY area. His name is Arthur Shawcross. Supposedly he in now in prison for life.
Link Posted: 2/20/2006 6:01:01 AM EDT

Originally Posted By PaDanby:

Originally Posted By rjroberts:
I don't understand how that could have happened: there must be more to this. If you are cleaning an AR - they didn't say if it was, though I did not see an entire article - it is broken and the bolt is out. It's the easy way to clean. So, how can this be? If it was a pistol, I couldnt' say since I never had my hands on a Beretta : when I was in it was still 1911A1 or a .38. .



That could be part of the reason he got 12 years, very very dificult to "clean" an M-16 with a round in the chamber. Haven't read the trial transcript but it wouldn't surprise me if horseplay was involved.



Yes, and I think the "horseplay" would be a best case minimum. It also doesn't help to piss off the officers on the court martial board by lying and running away.
Link Posted: 2/20/2006 6:07:18 AM EDT
Shouldn't have run. That said, this is insane, it was an accident.
Link Posted: 2/20/2006 12:02:37 PM EDT

Originally Posted By TheFreepster:
Shouldn't have run. That said, this is insane, it was an accident.



Probably a very very PREVENTABLE accident, and it killed a fellow Marine.

I'm thinking maybe it wasn't an accident they just couldn't prove it wasn't.

Punitive Articles of the UCMJ
Article 119—Manslaughter

Text.

“(a) Any person subject to this chapter who, with an intent to kill or inflict great bodily harm, unlawfully kills a human being in the heat of sudden passion caused by adequate provocation is guilty of voluntary manslaughter and shall be punished as a court-martial may direct.”

(b) Any person subject to this chapter who, without an intent to kill or inflict great bodily harm, unlawfully kills a human being—

(1) by culpable negligence; or

(2) while perpetrating or attempting to perpetrate an offense, other than those named in clause (4) of section 918 of this title (article 118), directly affecting the person; is guilty of involuntary man-slaughter and shall be punished as a court-martial may direct.

Elements.

(1) Voluntary manslaughter.

(a) That a certain named or described person is dead;

(b) That the death resulted from the act or omission of the accused;

(c) That the killing was unlawful; and

(d) That, at the time of the killing, the accused had the intent to kill or inflict great bodily harm upon the person killed.

(2) Involuntary manslaughter.

(a) That a certain named or described person is dead;

(b) That the death resulted from the act or omission of the accused;

(c) That the killing was unlawful; and

(d) That this act or omission of the accused constituted culpable negligence, or occurred while the accused was perpetrating or attempting to perpetrate an offense directly affecting the person other than burglary, sodomy, rape, robbery, or aggravated arson.

Explanation.

(1) Voluntary manslaughter.

(a) Nature of offense. An unlawful killing, although done with an intent to kill or inflict great bodily harm, is not murder but voluntary manslaughter if committed in the heat of sudden passion caused by adequate provocation. Heat of passion may result from fear or rage. A person may be provoked to such an extent that in the heat of sudden passion caused by the provocation, although not in necessary defense of life or to prevent bodily harm, a fatal blow may be struck before self-control has returned. Although adequate provocation does not excuse the homicide, it does preclude conviction of murder.

(b) Nature of provocation. The provocation must be adequate to excite uncontrollable passion in a reasonable person, and the act of killing must be committed under and because of the passion. How-ever, the provocation must not be sought or induced as an excuse for killing or doing harm. If, judged by the standard of a reasonable person, sufficient cooling time elapses between the provocation and the killing, the offense is murder, even if the accused’s passion persists. Examples of acts which may, depending on the circumstances, constitute adequate provocation are the unlawful infliction of great bodily harm, unlawful imprisonment, and the sight by one spouse of an act of adultery committed by the other spouse. Insulting or abusive words or gestures, a slight blow with the hand or fist, and trespass or other injury to property are not, standing alone, adequate provocation.

(2) Involuntary manslaughter.

(a) Culpable negligence.

(i) Nature of culpable negligence. Culpable negligence is a degree of carelessness greater than simple negligence. It is a negligent act or omission accompanied by a culpable disregard for the foresee-able consequences to others of that act or omission. Thus, the basis of a charge of involuntary manslaughter may be a negligent act or omission which, whe viewed in the light of human experience, might foreseeably result in the death of another, even though death would not necessarily be a natural and probable consequence of the act or omission. Acts which may amount to culpable negligence include negligently conducting target practice so that the bullets go in the direction of an inhabited house within range; pointing a pistol in jest at another and pulling the trigger, believing, but without taking reasonable precautions to ascertain, that it would not be dangerous; and carelessly leaving poisons or dangerous drugs where they may endanger life.

(ii) Legal duty required. When there is no legal duty to act there can be no neglect. Thus, when a stranger makes no effort to save a drowning person, or a person allows a beggar to freeze or starve to death, no crime is committed.

(b) Offense directly affecting the person. An “offense directly affecting the person” means one affecting some particular person as distinguished from an offense affecting society in general. Among offenses directly affecting the person are the various types of assault, battery, false imprisonment, voluntary engagement in an affray, and maiming.

Lesser included offenses.

(1) Voluntary manslaughter.

(a) Article 119—involuntary manslaughter

(b) Article 128—assault; assault consummated by a battery; aggravated assault

(c) Article 134—assault with intent to commit voluntary manslaughter

(d) Article 134—negligent homicide

(e) Article 80—attempts

(2) Involuntary manslaughter.

(a) Article 128—assault; assault consummated by a battery

(b) Article 134—negligent homicide

Maximum punishment.

(1) Voluntary manslaughter. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years.

(2) Involuntary manslaughter. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years.

Link Posted: 2/20/2006 12:17:07 PM EDT
[Last Edit: 2/20/2006 12:49:36 PM EDT by SGB]
Link Posted: 2/20/2006 12:23:35 PM EDT
IN BEFORE THE SAFETY NAZIS!!!!

I hate those guys
Link Posted: 2/20/2006 12:27:25 PM EDT

Originally Posted By TheFreepster:
Shouldn't have run. That said, this is insane, it was an accident.



Maybe they should take away milk and cookies and send him to bed without supper?

He killed someone and other people are watching. Maybe the next dude takes a moment to check the chamber, and avoids pulling the trigger while his rifle is pointing at his buddy.
Link Posted: 2/20/2006 12:35:32 PM EDT
[Last Edit: 2/20/2006 12:36:22 PM EDT by danno-in-michigan]
Google revealed this: LINK


Family has someone to hold accountable for robbing them of a loved one's gifts
June 11,2005
ROSELEE PAPANDREA
COURTESY OF THE DAILY NEWS
For almost a year, Marine Lance Corporal Russell White's family members searched for answers.

They knew Russell, who was a machine gunner in 3rd Battalion, 6th Marine Regiment, died from a gunshot wound to the head on June 20, 2004 in Afghanistan. They knew a fellow Marine caused his death in what was initially labeled a "firearms accident.

But there were many questions surrounding the 19-year-old Marine's death. There was still so much the family needed before there could be closure.

There was the viewing, a memorial service and burial at Arlington National Cemetery. The number Russell wore as a 140-pound noseguard on his high school football team in Dagsboro, Del. was retired. A granite statue in his honor was placed at the entrance of his old school's new football stadium.

Expressions of sympathy - "in loving memory of Russell White" - popped up on business marquees throughout Dagsboro. Only hours after hearing of their friend's death, Russell's buddies had a tattoo designed so they'd never forget him - a sentiment that's now in permanent ink on more than 20 left arms.

As grief and depression seeped into the White home, the initial information they received on June 21, 2004 that Russell died in an accident started to unravel.

Russell's father, Gregg White, hounded Camp Lejeune officials for information. He received copies of the autopsy and other reports.

"It didn't add up," said Russell's oldest brother, Adam White, 26, of Sunapee, New Hampshire. "The family began to speculate it was more than a freak accident."

Every bit of information led to more questions.

After a 12-hour shift on guard duty, Russell returned to his hut at Camp Bulldog at Bagram Air Base, north of Kabul, with a care package from home waiting for him. He was on his cot tossing a new Nerf football and talking with his buddies in the moments before he died.

Lance Corporal. Frederico Pimienta and Lance Corporal Stephen Groover were cleaning their weapons. Pimienta shouldn't have had a bullet in the chamber of his 9 mm Beretta. He shouldn't have had the safety off. He shouldn't have pulled the trigger.

After learning that Pimienta had been counseled numerous times about playing with a loaded 9 mm - twirling it on his finger or pulling it out of the holster cowboy style - the Whites wondered how he still had a weapon or why no official action was taken sooner.

"We did not know what to believe," Adam said.

They also didn't know if there would ever be enough information to satisfy the ache in their hearts.

"We didn't know whether we'd ever find out something close to the truth," said Russell's brother, Navy Ensign Dennis White, 25, of Rockville, Maryland. "We spent so much time not knowing the full story. We wondered whether we ever would and whether Pimienta would be held accountable."

This week the White family learned the details about what happened to Russell. They came in the form of witness testimony at a court-martial for Pimienta who was convicted at court-martial of involuntary manslaughter and giving a false official statement in connection to the killing.

"We feel that Major (Stephen) Keane and Captain (Gregory) Johnson effectively extracted truths and facts that ultimately provided what the family had begun to suspect months before," Adam said of the military trial counsel that prosecuted the case.

Finally, there was someone to hold accountable for robbing the Whites of Russell's laughter, jokes and stories - all gifts they now hold tight in their memories.

The eight-member jury - made up of four officers and four enlisted Marines - gave Russell's parents, brothers and the more than 20 extended family members and friends who attended the court-martial at Camp Lejeune the justice they were seeking.

"Now we can think more about Russell," Dennis said. "We don't have to worry about what happened. We can think more about his life, instead of how he died."

Pimienta received a 12-year sentence - just three years short of the maximum available - and he will be dishonorably discharged from the Marine Corps Russell White loved.

"We hope that the sentence delivered to Pimienta will serve as a great deterrence to any Marine who feels his weapon is a toy," Adam said.

But there's still one problem.

The Whites never had the chance to face Russell's killer. Pimienta, who was not being held in the Camp Lejeune brig, was last seen Monday. He missed the court-martial and unless authorities find him, he won't serve his sentence.

"It feels good to know the truth, to know the whole story from the people that were there," Dennis said. "We still need to find this guy. He needs to serve his sentence. Until he's behind bars serving his sentence, no real closure will be possible."




If the prosecutor presented evidence that Pimienta wasn't just negligent but was reckless, that's all the jury probably heard because Pimienta wasn't around to rebut it.
Link Posted: 2/20/2006 12:38:58 PM EDT
12 years for killing a fellow Marine while in stupid mode - he got off light.
Link Posted: 2/20/2006 12:45:55 PM EDT
[Last Edit: 2/20/2006 12:56:30 PM EDT by gardenWeasel]
Here is a timeline of the story and a tribute to the Marine who was killed:
Note: Pimienta made Americas Most Wanted after he ran.

www.arlingtoncemetery.net/rpwhite.htm




White said military officials told him another Marine was attempting to holster a 9 mm handgun, apparently after cleaning it, when it discharged a bullet that struck Russell White in the head.


Lance Corporal. Frederico Pimienta and Lance Corporal Stephen Groover were cleaning their weapons. Pimienta shouldn't have had a bullet in the chamber of his 9 mm Beretta. He shouldn't have had the safety off. He shouldn't have pulled the trigger.

After learning that Pimienta had been counseled numerous times about playing with a loaded 9 mm - twirling it on his finger or pulling it out of the holster cowboy style - the Whites wondered how he still had a weapon or why no official action was taken sooner.


Link Posted: 2/20/2006 12:48:45 PM EDT

Originally Posted By danno-in-michigan:
Google revealed this: LINK



Lance Corporal. Frederico Pimienta and Lance Corporal Stephen Groover were cleaning their weapons. Pimienta shouldn't have had a bullet in the chamber of his 9 mm Beretta. He shouldn't have had the safety off. He shouldn't have pulled the trigger.

After learning that Pimienta had been counseled numerous times about playing with a loaded 9 mm - twirling it on his finger or pulling it out of the holster cowboy style - the Whites wondered how he still had a weapon or why no official action was taken sooner.





If the prosecutor presented evidence that Pimienta wasn't just negligent but was reckless, that's all the jury probably heard because Pimienta wasn't around to rebut it.



Definately, and either way he was reckless. You don't pull the trigger to dissasemble a Beretta, unlike a glock. Meaning there is no normal way the gun could be "accidentally" fired while cleaning. He pulled the trigger, which means he wasn't in the act of cleaning. Sounds like he was messing around, and killed another marine. Or worse.
Link Posted: 2/20/2006 12:49:20 PM EDT

Originally Posted By Ryno_the_wyno:

There are 2 types of people, those who have experienced a ND and those who are going too. I am extremely careful with weapons and accidents happen. We had a live round go off in the lab years back and it caused injury to an tech. She survived, but was injured....No disciplinary action was taken as it was a true accidnet. All safety proticals were followed....how a prison sentence would have solved this, I don't know....



How were all safety protocols followed when a live roound was fired?

Look, if I have an honest accident and I have followed all the other rules then a bullet should have hit a bullet-proof backstop and the only thing damaged is that backstop. If some other person is killed then there is no way in hell I was anything other than fully responsible.

What should my punishment be if my neighbor kid's head explodes while he's sitting at his desk because I was dry firing at John Stewart's head and somehow felt my TV and drywall were enough to stop my .223? If that happened I was negligent. Period.
Link Posted: 2/20/2006 1:01:06 PM EDT

Originally Posted By gaweidert:
12 years is what a man in New York state got after abducting, raping and murdering two children. After he got out he turned into a serial killer and murdered several women in the Rochester, NY area. His name is Arthur Shawcross. Supposedly he in now in prison for life.



He's up in Sullivan. They should have fried that fooker. He's eligble for parole in 2240.

Aggregate Minimum Sentence: 250 Years, 00 Months, 00 Days
Aggregate Maximum Sentence: LIFE Years, 99 Months, 99 Days
Earliest Release Date: 01/10/2240
Link Posted: 2/20/2006 5:54:12 PM EDT
Hope the fu(&er rots there in the brig. I hope he rots...
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