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Father: Marine makes plea deal in Iraqi civilian murder case
| Friday, Oct 20 2006 9:15 PM
Last Updated: Friday, Oct 20 2006 9:15 PM
A Camp Pendleton Marine will plead guilty next week for his part in the murder of an Iraqi man last April, his attorney said Friday.
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Pfc. John J. Jodka, 20, of Encinitas would be the first Marine to plead guilty in the case, which involves six other Marines and one Navy corpsman who have been charged with the murder of Hashim Ibrahim Awad in the town of Hamdania, west of Baghdad.
Attorney Joseph Casas, who represents Jodka, said he could not disclose details of the negotiations, but said the deal was, "In the best interests of my client and the best interests of justice and the best interests of the Marine Corps."
Casas said Jodka will testify at his court-martial and other witnesses would also be called.
"J.J. will have his chance to talk about his account of what happened in Hamdania," Casas said.
Sentencing was not expected until Nov. 15.
Jodka's father, also named John, said in a telephone interview that his son would plead guilty to assault and obstruction of justice. The elder Jodka initially said murder, kidnapping and other charges would be dropped in exchange for the plea. He later said that was inaccurate and premature to discuss details of the negotiations.
Marine Corps spokesman Lt. Col. Sean Gibson said it would be inappropriate to discuss any potential negotiations between the government and the defense.
Word of Jodka's intent to plead guilty was first reported on the North County Times' Web site Friday afternoon.
On Oct. 6, Petty Officer 3rd Class Melson J. Bacos, the Navy corpsman on patrol with the group of Marines, pleaded guilty to kidnapping and conspiracy under a deal with prosecutors. He agreed to testify at his court-martial and during upcoming proceedings about what he witnessed.
Bacos testified the Marine squad entered Hamdania on April 26 while searching for a known insurgent who had been captured three times, then released. The group approached a house where the insurgent was believed to be hiding, but when someone inside woke up, the Marines instead went to another home and grabbed the 52-year-old Awad.
Bacos said the squad took Awad to a roadside hole and shot him before planting a shovel and AK-47 to make it appear he was an insurgent planting a bomb. Bacos was sent to 12 months confinement; murder and other charges against him were dropped.
In his testimony, Bacos singled out squad leader, Sgt. Lawrence G. Hutchins III, and Cpl. Trent Thomas as shooters. Prosecutors initially said Jodka, who was the youngest and lowest-ranking of the squad, had also fired his weapon.
Jodka was charged with murder, kidnapping, conspiracy, assault and housebreaking.
On Friday, Jodka's father said he supported his son and his decision.
"I'm as proud of my son as I was the day when he joined the Marines," he said.
Still in the brig at Camp Pendleton are: Hutchins, Thomas, Lance Cpl. Robert B. Pennington, Cpl. Marshall Magincalda, Lance Cpl. Tyler A. Jackson and Lance Cpl. Jerry E. Shumate. Bacos and Jodka were moved to a separate brig at Marine Corps Air Station Miramar earlier this month to ensure their safety, attorneys said.
Currently, all will face courts-martial except for Hutchins. A decision on whether he will be referred to trial has not yet been announced.