It was 11:45 p.m. at a small, austere base in southern Afghanistan, and Marine Sgt. Benjamin E. Johns was not a happy man, a prosecutor said during opening arguments in Johns’ hazing trial Tuesday.
Johns, who was in charge of Patrol Base Gowragi, had reached two of three sentries by radio but could not reach Lance Cpl. Harry Lew, said prosecutor Capt. Jesse Schweig. Lew had a history of falling asleep on guard duty and had done so again, an investigation found.
"Hello, hello, Canada. Anyone?" Johns had called over the radio, using the name of the sentry post, Schweig said.
Johns rousted two other Marines from sleep to take care of the situation, and he was angry, the prosecution said.
Another Marine had "never seen him (Johns) this angry," Schweig said.
The next few hours would involve a handful of Hawaii Marines and Lew being told to dig a new foxhole and do push-ups, walk around the base carrying a sandbag, and enduring prodding kicks and punches to his helmet and flak vest, and sand poured on his face, according to an investigation.
At 3:43 a.m. April 3, Lew, a 21-year-old from Santa Clara, Calif., shot and killed himself in the new foxhole.
Johns, 26, is the second Marine with the 2nd Battalion, 3rd Marine Regiment at Kaneohe Bay to go to trial in a case alleging Lew was hazed.
Schweig said Johns knew that Lew had been ordered to carry the sandbag, and that Johns had ordered Lew to dig the new foxhole "as punishment." Johns is accused at the jury trial of dereliction and of humiliating and demeaning Lew.
But defense attorney Timothy Bilecki said the case has to do with Johns, a battle-tested Marine, "making the best decisions possible" in the combat environment he was in.
Johns ordered Lew to dig the new foxhole because it was needed for the unit’s protection, Bilecki said. As such, it would not have been hazing.
"Sgt. Johns needed to ensure that Lew was doing something productive and would keep him from falling asleep again," Bilecki said.
Johns was not aware that Lew had been told to carry a sandbag, Bilecki said. "That was not an order given by Sgt. Johns," he said.
Johns’ trial is expected to continue through this week. Another Hawaii Marine, Lance Cpl. Jacob Jacoby, reached a plea deal last week and was sentenced to 30 days’ confinement, and a third Marine awaits trial.
