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Harry Lew Suicide: Marine Told Fellow Marines To Stop Alleged Hazing

Harry Lew Suicide

First Posted: 09/09/11 10:22 AM ET Updated: 11/09/11 05:12 AM ET

By AUDREY McAVOY, Associated Press

KANEOHE BAY, Hawaii -- A Hawaii-based Marine told a military hearing that he was angered by the treatment he saw his fellow platoon members give a 21-year lance corporal who committed suicide in Afghanistan, after fellow Marines allegedly hazed him one night.

Morris testified at Thursday's court hearing that he told Lance Cpl. Jacob D. Jacoby to "chill out man" after he saw Jacoby slap Lance Cpl. Harry Lew on the back of his Kevlar helmet. He also said he became "pissed off" after seeing Lance Cpl. Carlos Orozco III pour sand into Lew's face.

"It angered me a bit. I didn't like what I saw," Morris said.

Jacoby, Orozco, and their squad leader, Sgt. Benjamin E. Johns, are charged with "wrongfully humiliating and demeaning" Lew, of Santa Clara, Calif., who shot himself with a machine gun April 3 in Helmand province.

The Marines face an Article 32 hearing, the military justice equivalent of a grand jury proceeding. The hearing got under way at Marine Corps Base Hawaii at Kaneohe Bay, where the three are based, to determine whether there's enough evidence for them to go to trial.

Presiding officer Lt. Col. Douglas Gardner will evaluate the evidence and prepare a recommendation on whether the three should face a court martial. The commander of the 3rd Marine Regiment, Col. Nathan Nastase, will take Gardner's report into account as he makes the final decision on a military trial.

Much of the Thursday's testimony focused on whether the accused intended to humiliate and harm Lew or discipline him so he would stop falling asleep while on watch duty.

Lew had been caught sleeping on duty multiple times at his platoon's outpost, the remote Gowragi Patrol Base close to Taliban positions.

The commanding officer of the platoon testified he didn't think Jacoby was hazing Lew when he punched and kicked Lew's body armor after the Marine was caught sleeping on watch again. "I think Lance Corporal Jacoby lost his temper," said 1st Lt. Jameson Payne.

"I think he was upset Lance Corporal Lew was jeopardizing everyone's lives."

Jacoby, 21, is accused of kicking and punching Lew in the head. He is also charged with threatening Lew with harm. Johns, 26, and Orozco, 22, are also accused of dereliction for failing to supervise and ensure the welfare of Marines under their care.

Orozco, 22, allegedly ordered Lew "to do pushups, side planks, leg lifts with a sandbag, while wearing full personal protective equipment and pouring sand onto his face," according to the cruelty and maltreatment charge against Orozco. He is also charged with assault for kicking Lew in the head and stomping on his back.

Gardner, the presiding officer, asked each of the seven Marines who spoke Thursday, whether Lew, a Chinese-American, faced any racial discrimination in the Marines.

Several Marines said Lew was the target of some jokes and teasing, like many other Marines of all ethnic backgrounds, but they weren't aware he was discriminated against because of his race.

Gardner said the 3rd Regiment's commander, Nastase, asked him to make sure he investigated the issue during the hearing.

More evidence is scheduled to be heard on Friday.

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06:08 PM on 09/13/2011
Anybody complaining about this has never been a combat Marine. Our standards and requirements are much more stringent than is ever called upon in civilian life--dozens of lives are a stake if a Marine falls asleep on watch when the enemy is present. If you want the Boy Scouts conducting your wars for you you're going to get substantially different results.

And anybody who claims he's a Marine and disagrees with this is either lying about a being in the Corps (this is more than likely the case) or is some rear-echelon pouge so far away from harm's way that he may as well be at Club Med.

The only reason this is being prosecuted is to placate a naive and soft soft public; ask any real Marine and they have no problem with it. (In fact I've seen a lot worst done to correct such maleficence.)
09:00 AM on 09/12/2011
The actions of the Lcpl., squad leader, and Lt. in this article is not leadership in any manner, shape or form. Nowhere in Marine Corps leadership principles is this acceptable. Every outfit in the USMC has its 10%..(non-conforming individuals). Why isn't the Company Commander even mentioned? Typical political correctness. But all considered, the responsibility is his(or hers).

The lack of leadership expressed in this article is the immature John Wayne tough-guy perception, which is and has been prevalent for a while in the USMC.

Extra- duty, Office hours, or discharge. It's the lower ranks that make the USMC the great outfit it is. I can,t lead if they can't trust me.
07:25 PM on 09/11/2011
Alright! Who ordered the "Code Red?"
04:45 PM on 09/11/2011
The Marines should be court-martialed. They knew better, they wanted to proof he was coward.
SEMPER FI
06:16 PM on 09/10/2011
bullsh**...that certainly is hazing...the military has regulations to handle people not fulfilling their obligations as military personnel..if he was not performing his job adequately, he should have been removed from his post and send to corrective custody...the proper guidelines were not followed and the personnel that "hazed" him should have dishonorable discharges
08:23 AM on 09/11/2011
Clearly you were never in the Corps or in combat as that behavior is absolutely unacceptable and would never be tolerated! There was a day you would have been shot on the spot for falling asleep on "Watch"! You civilians have no idea what is like to be in combat or the Corps and therefore are not qualified to offer any opinion.
04:31 PM on 09/11/2011
i said it was unacceptable...he should have been hauled into corrective custody and discharged...you can not trust someone like that.....but there are rules in place to handle people that can not perform their job duties...you dont let kick them and rub sand into their eyes and then send them out to watch your back again, you drum them out of the corps
11:27 AM on 09/11/2011
Oh so let’s reward the “no load” by taking him off the watch rotation, so he could get his sleep and burden another tired Marine to fill in. We are all tired out here, but we do what we have to do to protect our fellow service members, and we don’t fall asleep in hostile territory.
06:42 PM on 09/09/2011
that is not hazing or discrimination, it is discipline and motivation. This is a waste of time. I feel for his family but he killed himself. Really Really unfortunate.
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11:58 AM on 09/09/2011
Falling asleep on watch "multiple times"... He should have been out on his as s...