Military Jury Urges Navigator’s Dismissal

CAMP LEJEUNE, N.C. —  A military jury recommended Friday that a Marine Corps navigator be dismissed from the service for destroying a videotape he shot aboard a flight that sheared lift cables at an Italian ski resort, killing 20 people.

Capt. Joseph Schweitzer could have faced up to 10 years in prison on charges of conspiracy and obstructing justice. But the sentence recommended by the nine-member jury of officers was in keeping with Schweitzer’s plea agreement.

Col. Alvin Keller, the judge, was required to either accept the jury’s recommendation or sentence Schweitzer to the punishment included in his plea agreement, whichever was more lenient.

The plea agreement, made public Friday after the jury made its recommendation, called for him to be dismissed from the Marines and to forfeit his pay and allowance.

The convening authority for the court-martial, Lt. Gen. Peter Pace, could override the jury’s recommendation, but he was expected to let the sentence stand. Military officials said the sentence will be submitted to Pace for review as soon as the paperwork is complete.

Defense attorney Dave Beck said he will urge Pace to reduce the sentence to a reprimand or no punishment at all. Schweitzer also has a right to appeal if he chooses.

Dismissal for an officer is the equivalent of a dishonorable discharge for enlisted men and women.

Schweitzer, 31, showed no emotion when the jury’s decision was read but said afterward that he was content.

He smiled at his lawyers after court adjourned Friday.

“I was here to accept responsibility for my actions, and I respect the decision that was made by my peers,” Schweitzer said. “A long and painful chapter in my life is finally concluded, and I’m happy now to start a new one.”

Schweitzer pleaded guilty to conspiracy and obstruction of justice charges Monday, the day before his court-martial was set to begin.

He admitted removing a videotape from the cockpit of a Marine jet after it landed at Aviano Air Base in Italy and destroying it while Italian and U.S. officials were investigating the accident, which occurred near the village of Cavalese on Feb. 3, 1998. He said he burned the tape in a bonfire three to five days later.

On Thursday night, a tearful Schweitzer testified that he had never viewed the videocassette but recalled that he had taped his smiling face during the flight.

He said he was afraid Italian authorities would release the video to Italian television and the images would be juxtaposed with footage of bloodied bodies lying near the gondola after its 400-foot plunge.

Investigators believed the videotape might have contained evidence the crew was intentionally flying too low and too fast before the accident.

More serious charges, including involuntary manslaughter and negligent homicide, were dropped against Schweitzer after the jet’s pilot, Capt. Richard Ashby of Mission Viejo, Calif., was found not guilty last month by a military jury in another trial at Camp Lejeune.

Those charges could have resulted in a sentence of more than 200 years in military prison.

The Ashby verdict enraged and embittered relatives of the victims, as well as Italian leaders, who said they would explore options in pursuing their own case against the crew.

Some people testified at the sentencing hearing about the deaths of their relatives, but none was present when the jury made its recommendation. Schweitzer said he had met privately with some of the family members Thursday night.

“I just wanted to look them in the eye and tell them how sorry I was, and I’m happy we got to talk, and I think that will help us all to live our lives,” Schweitzer said.