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Court-martial set for Marine accused of fatal hazing

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U.S. MARINE CORPS
Lance Cpl. Harry Lew died of a non-combat injury in Afghanistan on April 23. He was assigned to the Hawaii-based 2nd Battalion, 3rd Marine Regiment.

One of three Hawaii-based Marines accused of hazing a fellow Marine who later committed suicide in Afghanistan will face a special court martial next week, the Marine Corps said Tuesday.

Lance Cpl. Jacob Jacoby had originally been due to face a general court martial for allegedly hazing Lance Cpl. Harry Lew in the hours before Lew killed himself April 3.

Instead, the Marine Corps says Jacoby’s case “will be disposed of” at a special court martial, which is a forum for less serious crimes in the military justice system. The trial is scheduled to be held Monday at Kaneohe Bay.

The move is the result of an agreement with the convening authority, Brig. Gen. Frederick Padilla, the commander of the 3rd Marine Division, said Marine Corps Forces Pacific spokesman Lt. Col. Curtis Hill.  

Cases against the other two accused — Sgt. Benjamin E. Johns and Lance Cpl. Carlos Orozco III — are pending.

Hill said he had no further information on the agreement.

But Philip Cave, a military justice defense attorney and retired Navy lawyer in Alexandria, Va., said it appeared Jacoby’s defense has negotiated a plea bargain.

In October, Padilla referred all three Marines to general courts martial. Jacoby faced three charges: that he wrongfully abused, humiliated, and demeaned Lew; struck Lew on the back and in the head; and threatened Lew.  

Most special courts martial consider cases in which service members have been charged with misdemeanors.

The maximum penalties for special courts martial convictions are one year in prison, and hard labor without confinement for up to three months. Those found guilty may also be forced to give up two-thirds of their pay each month for up to one year.

Lew, of Santa Clara, Calif., was a nephew of U.S. Rep. Judy Chu of California.

An Article 32 hearing — similar to a civilian grand jury hearing — on the charges in September featured Marines testifying that Lew had fallen asleep on watch several times at their remote outpost in Afghanistan.

Marines testified that Lew’s squad leaders and members tried various approaches to keep him awake, including taking him off patrols so he could get more rest.

But on the last night before Lew shot himself, those efforts escalated into alleged acts of violence and humiliation, according to the charges heard. Marines allegedly punched and kicked Lew, made him do pushups and poured sand in his face.

Chu said in a statement in August that her nephew was a patriotic American, and that no one deserves being “hazed and tortured like he was.” She said the military justice system must hold any wrongdoers accountable.

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