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Link Posted: 11/21/2008 10:12:03 AM EDT
[#1]
Originally Posted By KC-130 FLT ENG:
During the time I was in, off the top of my head, I can remember at least 5 murders, 3 rapes a lot of drug trafficking and assorted violence and mayhem. Not to even mention the thievery. No one with an ounce of common sense would leave thier valuables unsecured.


All of it Jarhead on Jarhead.


Arfcom tends to put military personell on a pedastel. Those who do this, need to get the fuck over it. The military is just a cross section of the society it serves. There's just as many dirtbags per capita in uniform as not in uniform. The structure of the military helps to keep a lid on the thugs, but it can't always prevent the shitbags from revealing thier true nature at times.


Sucks, but true.


I agree with your statements except this one. I guarantee per capita the military is well above the society it protects. There is no way the military has the same level of criminal behavior as the average civilian sumbags.
Link Posted: 11/21/2008 10:13:44 AM EDT
[#2]
Quoted:
Since they were arrested civilly, are they now AWOL?  Sure they can find something to court marshal them for.


I don't think so. Being in custody is an official "state of being" I forget how they do it but I don't think being in custody can lead to AWOL or UA in the Corps.
Link Posted: 11/21/2008 10:19:25 AM EDT
[#3]
Quoted:
Quoted:
Since they were arrested civilly, are they now AWOL?  Sure they can find something to court marshal them for.


If a member of the Armed Forces is arrested by the civilian authorities, they are UA (or AWOL to the rest of you) until such time as they are returned to their unit.

If this means that they are arrested, convicted, and serve five years, then after those five years are up they will be turned over to their unit for being not unly UA/AWOL, but also a deserter (since the UA was more than 90 days).

If, however, they are arrested, tried, and found not guilty, then they are not considered to have been UA at all.

Someone correct me if the situation has changed since 1996 or so.


UA at least in the Marine Corps can be 15 minutes. Desertion is typically 30 days or more. Desertion can also be filed if there are extenuating circumstances.

Like if they are fleeing after the commission of a crime
Leave their ID card behind
And several other things but it has been awhile since I studied up on the UCMJ as a leader.

I am PRETTY sure that you are not considered UA or a deserter while in custody.

If I remember correctly there is a status that the unit puts them in while this goes on.

The reason being innocent until guilty.

Not present but accounted for os something like that.
Link Posted: 11/21/2008 10:40:12 AM EDT
[#4]
Quoted:
As far as the background investigation goes, I for one had to get a secret clearance in order to work on aircraft, so my background investigation was a little more indepth than just your average Marine. Every Marine in aviation has to get that background check. 3 of the 4 worked in aviation. One of them was in Avionics so his background was screened even more. I think the underlying issue is the pack mentality. You get the wrong crowd together and you are going to get bad situations such as this.


A secret clearance involves nothing more than a NCIS/10 finger check. A SSBI is the full Monty. I had a SSBI when I started helping various agencies on terrorism finance investigations which ultimately resulted in a TS/SCI clearance level.  BFD right?

Single Scope Back Ground Investigation is where they do all the diggin in to background, providing references, credit and finances check, relationships with foriegn nationals and organizations. The expedited it and it still took awhile and in the meantime I had a temp clearance. lol.

Secret Clearance is something everyone had in the military until the Walker trial and they came around and administratively reduced our clearance levels.

They also have Personnel Reliability Program in the military for dudes that had nuke training in artillery and stuff. that is probably what you had. That is the NCIS/fingerprints plus a health records check.

Ultimately a background check is looking for 2 things moral standing and blackmail ability.

I'd like to point out what they told me at the George Herbert Walker Center for Intelligence (Langley).

The only folks that give up really damning secrets are those with clearances. In other words clearances don't really mean shit and if you are a dirtbag you are a dirtbag.

Link Posted: 11/21/2008 10:44:29 AM EDT
[#5]
Quoted:
I have to say the Marines are making a HUGE mistake.

This is a DISIPLINE problem, and should be handled in house.

These SHITBIRDS need to be Court Martialed, and then HUNG/SHOT/Lethal Injected.

You have subordinates who have KILLED their immediate Supervisor.

They need to be made an example of.

Not shuffled off to the local authorities...

Tried, convicted, shot...1 month...

What a waste of tax payer money...


You have no idea what you are talking about this is not a Marine Corps decision to make. Currently they have venue on this case since it happened out in town. they can turn it over to the Marine Corps but right now their jurisdiction supercedes the Marine Corps'.

Link Posted: 11/21/2008 10:49:26 AM EDT
[#6]
Quoted:
As soon as I find out more, I will keep everyone updated.


If you are in fact their 'boss' which is what I gather since you say they are your marines. It is probably best that you don't comment specifically on the case or about the Marines. At least ensure that anything you say is fairly vanilla and onl relating to stuff that is available in open sources.

I had a Marine tried with manslaughter after a fight with a sailor where the sailor as the aggressor died. I was warned by defense that I should not comment on anything I know about the case or make statements and since this is an open forum you should be very careful.



Link Posted: 11/21/2008 10:50:46 AM EDT
[#7]
Quoted:
Biting my tongue REALLY hard right now....


No shit man... RIP
Link Posted: 11/21/2008 10:53:45 AM EDT
[#8]
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
You are correct, But the initial investigation was done soley by the civilian authorities. Since NCIS was not invited to the party, then all of the evidence, other than the confessions were done by the Civies. They can still be hit on the Marine side of the house, but the Corps would rather just kick them out as soon as possible.


Doh that's what I get for not reading the entire thread.

Portion I bolded is what I've seen in the AF also, FWIW


What is "in the AF"?


Serious crimes with similar circumstances such as this have been handled in a similar manner in the Air Force



Still, its a bad precedent, IMHO.  Also, the currently highest ranking inmate at the USDB is an Army LTC who killed his wife, OJ'ed the civilian jury, and then got hit by UCMJ paper, and is now serving life.

There might be some good reason to let the civvies handle it, but the DoD is sure as shit party to the investigation, and should conduct a parallel investigation, in the event any walk due to procedural issues.



If the murder happened off base the local civilian authorities supercede the Corps when it comes to venue.

Same thing with any trial with a federal and local issue. The venue is decided upon various things and in this case if it happened in town they call the shots.

You can bet the Corps has an investigation that is running alongisde the civilian and they are cooperating.

Ultimately the decision on what to do with them Corps wise will be a non emotional decision based on what is the best for the Marine Corps not anger, not revenge not to send a message.

I am guessing they will be processed out with no punishment from the UCMJ unless something goes wrong in the civilian matter.
Link Posted: 11/21/2008 10:55:08 AM EDT
[#9]
Sad.   They were a good looking couple, the woman is very pretty, and they look happy.  

What a fucking shame.
Link Posted: 11/21/2008 12:42:31 PM EDT
[#10]
They shouldn't even call them Marines. I had to work security in 1993 at a trial which landed two EX (yes, I said EX) Marines on death row for this same shit.  Fucking scum.  They are still there, and alive.
Link Posted: 11/21/2008 12:47:12 PM EDT
[#11]
Quoted:
As far as the background investigation goes, I for one had to get a secret clearance in order to work on aircraft, so my background investigation was a little more indepth than just your average Marine. Every Marine in aviation has to get that background check. 3 of the 4 worked in aviation. One of them was in Avionics so his background was screened even more. I think the underlying issue is the pack mentality. You get the wrong crowd together and you are going to get bad situations such as this.


There is some truth to that.   Where do you think they will be incarcerated when they are found guilty?

Link Posted: 11/21/2008 2:01:54 PM EDT
[#12]
Dont worry guys, I am only giving "Vanilla"answers out here on the forums. Most of the stuff I am putting out is already public knowledge.

NCIS completely assisted with the investigation that took place here on base. Remember that the Civies can not come in and execute a search warrant here on base so that was all handled in house.

I just cant believe that they actually pled not guilty after admitting that they did it.
Link Posted: 11/21/2008 2:03:05 PM EDT
[#13]
Quoted:
Quoted:
As far as the background investigation goes, I for one had to get a secret clearance in order to work on aircraft, so my background investigation was a little more indepth than just your average Marine. Every Marine in aviation has to get that background check. 3 of the 4 worked in aviation. One of them was in Avionics so his background was screened even more. I think the underlying issue is the pack mentality. You get the wrong crowd together and you are going to get bad situations such as this.


There is some truth to that.   Where do you think they will be incarcerated when they are found guilty?



I honestly dont know where they will be incarcerated, but I do think it will be in a civilian prison. The Marine Corps will kick them completely out as soon as the courts formally find them guilty.
Link Posted: 12/16/2008 6:25:00 AM EDT
[#14]
SignonSanDiego
Four Marines might face death penalty in double slaying
By Rick Rogers, staff writer
2:00 a.m. December 16, 2008

CAMP PENDLETON — In a courtroom yesterday, prosecutors said they're considering whether to seek the death penalty against four Camp Pendleton servicemen accused of executing a Marine sergeant and his wife in October.

On the base, commanders are working to get the defendants out of the Marine Corps.

Pvt. Kevin D. Cox and Lance Cpls. Emrys J. John, Tyrone L. Miller and Kesaun K. Sykes are charged with shooting Sgt. Jan Pietrzak and his wife, Quiana Jenkins-Pietrzak, on Oct. 15 in the southwestern Riverside County city of Winchester. They also are accused of torturing the couple, sexually assaulting Jenkins-Pietrzak and setting a fire to destroy evidence.

Yesterday, the four Marines sat shackled in Riverside Superior Court as attorneys discussed upcoming proceedings.

Daniel DeLimon, a Riverside County deputy district attorney, said the prosecution and defense will meet Jan. 22 to debate the death-penalty charge. DeLimon said he plans to introduce statements made by the defendants that show their motive for the double slaying.

In court documents, investigators said Miller confessed to entering the Pietrzaks' home by making threats with a shotgun. He and John accused each other of the sexual assault, while Sykes admitted cutting off Jenkins-Pietrzak's clothes, investigators said.

The suspects allegedly rummaged through the house for valuables, authorities said. A pair of shoes that matched impressions left at the crime scene and on Pietrzak's body was found in John's barracks.

The victims' parents said they believe the killers were racially prejudiced. Pietrzak was white, and his wife was black. Authorities have said only that the defendants, all of them black, staged a robbery.

Rod Pacheco, the district attorney, is expected to make the death-penalty decision by Feb. 2.

“I think there are some strong reasons why Mr. Miller should not receive the death penalty,” said his attorney, Jeff Zimel. “It does not appear that (the defendants) went to the house to kill these people. . . . It may be a money thing.”

Meanwhile, the Marine Corps is moving to oust the defendants through an administrative process called separation. It can take the action before a Marine is pronounced guilty or not guilty in court.



––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Link Posted: 12/16/2008 6:42:20 AM EDT
[#15]
This is a hate crime, it is obvious that he was targeted for being married to a woman of another race.


RIP.
Link Posted: 12/16/2008 8:12:07 AM EDT
[#16]
"“I think there are some strong reasons why Mr. Miller should not receive the death penalty,” said his attorney, Jeff Zimel. “It does not appear that (the defendants) went to the house to kill these people. . . . It may be a money thing.”



Amazing...!





FUCKING AMAZING...!
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