Sergeant Guilty in Marine’s Desert Death : Military Judge Rules He Failed to Account for Welfare of Troops

A military judge today convicted a Marine platoon sergeant of negligence in the death of a soldier who had been left behind in the Mojave Desert during a training exercise in August.

The judge, Maj. Kent Smith, ruled that Sgt. Christopher Clyde failed to properly account for the whereabouts and welfare of his Marines.

Clyde was the platoon sergeant of Lance Cpl. Jason Rother, 19, of Minneapolis, who was left behind during a night exercise Aug. 30 after being posted as a road guide in the California desert. His remains were found in December.

Rother was left behind by a truck assigned to pick up road guides posted in the desert at Twentynine Palms.

The sergeant was found innocent of willful disobedience. He had been accused of failing to obey orders in granting leave to Rother’s squad leader after the exercise, resulting in a delay in realizing Rother had been left behind.

Clyde maintained he did nothing wrong and that he only relied on the instructions of his superiors. “If he’s guilty of anything, he’s guilty of relying on other people,” defense attorney William Fisher said in closing arguments.

Prosecutor Robert Nunally argued, “He screwed up and he screwed up in a major way.”

On Tuesday, the defense and prosecution reached an agreement that eliminated the need for Sgt. Thomas B. Turnell, Rother’s squad leader, to testify. Turnell also faces a court-martial in the case.

Under the agreement, a statement was submitted in which Turnell agreed that he told Clyde his men were all present or accounted for, leading Clyde to believe that included Rother.