http://www.marinetimes.com/story.php?f=1-292925-1554912.php

ebruary 23, 2006

Drill instructor acquitted

By John Hoellwarth Times staff writer

MARINE CORPS RECRUIT DEPOT PARRIS ISLAND, S.C. A drill instructor charged with negligent homicide in the 2005 drowning death of a recruit here was found not guilty at a general court martial Feb. 22.

Staff Sgt. Nadya Lopez was cleared of charges that, while teaching water survival one-on-one to 19-year-old Rec. Jason Tharp at the depots training pool Feb. 8, 2005, she failed to recognize signs that he was in distress and that she kept him in the pool against his will, a violation of the depot order concerning water survival training.

Lead prosecutor Capt. Doug Hatch called 15 witnesses during the two-day trial in an attempt to prove that Lopez, the one drill instructor within arms length of Tharpe when he lost consciousness in the pool, was responsible for his death because she had the training and experience to prevent Tharps drowning, but that her refusal to act cause his death.

But upon cross examination, each witness called by the prosecution to testified about what they observed at the pool on the day Tharp drowned. Each was asked three questions by the defense did an unsafe condition ever exist? Did anything about Tharps behavior suggest he could not safely continue the training? And did Lopez keep the recruit in the water against his will? Each witness answered no to all three questions without exception, some of them going so far as to testify that Lopezs actions that day were consistent with what could be expected of any drill instructor teaching water survival.

Lead defense counsel Lt. Col. Scott Jack said he felt confident with the testimony solicited by his cross examination and when the prosecution rested its case he didnt see how calling his own witnesses would put the defense in a better position.

He made an immediate motion for a finding of not guilty, which was rejected after deliberation by military judge M.J. Griffith.

Jack then rested his case without calling a single witness, a tactical decision he said was based on his personal experience as a military judge at 310 courts-martial.

After a short deliberation, Griffith announced his finding of not guilty and adjourned court.

As Lopez stood to exit the court room, Tharps mother Linda addressed her by saying, I hope you see Jason every time you turn around and hear him screaming.

Tharps father Johnny said, It feels like our son got killed again. There is no justice at Parris Island. Just dont come down to this place.

Lopez, who was re-assigned to administrative duties at the depots 4th Recruit Training Battalion pending the outcome of the trial, said she was sorry for the Tharp familys loss and that theyre in my prayers.

Tharps death more than a year ago has been a sensitive topic around the depot ever since, spawning investigations that have caused a system of cameras to be installed at the pool and the assignment of a company-grade officer as the officer in charge of the pool full time.

With the verdict, depot spokesman Maj. Billy Canedo was finally able to say, the case is considered closed.

http://www.abcnews4.com/news/stories/0206/305271.html

Parris Island Drill Instructor Found Not Guilty Thursday February 23, 2006 6:04am Posted By: Alexis Taylor

Parris Island, SC -

Parris Island Drill Instructor, Nadya Lopez was found not guilty of negligent homicide, in the accidental drowning death of Recruit Jason Tharp.

Private Jason Tharp was on his 25th day of recruit training when he died at the Depot training pool on February 8th, 2005.

The court's decision is final and the case is now closed.

http://wowktv.com/story.cfm?func=viewstory&storyid=8942

Military Judge Finds Marine Instructor Not Guilty Posted 2/22/2006 11:55 PM

Staff Sergeant Nadya Lopez was tried in the death of a young recruit from West Virginia.

A military judge found Lopez, a Marine swim instructor, not guilty of negligence in the drowning of Sutton native Jason Tharp.

Lopez was tried on a charge of negligent homicide.

Tharp drowned in February 2005 during training at Parris Island, South Carolina.

During testimony Wednesday, another Marine testified Tharp had been ordered out of the water, because he wasn't trying.

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