Marine Guilty of Assault in Shooting of Somali Youths

A court-martial convicted a Marine of assault Tuesday for shooting two Somali teen-agers after one grabbed the prescription sunglasses off his face.

Marine Gunnery Sgt. Harry Conde, 33, based at Twentynine Palms, Calif., was lowered one grade in rank and fined $1,706, his monthly base pay. He could have received up to 10 years in prison and a dishonorable discharge.

Conde had claimed self-defense, saying he fired a 40-millimeter shotgun shell from an M-79 grenade launcher Feb. 2 because he thought he was being attacked.

“It’s just ironic how you come to restore hope,” a tearful Conde said afterward, referring to Operation Restore Hope, the Pentagon’s name for the mission in Somalia. “Who’s going to restore my hope? It’s ironic that you come here to relieve victims, but you leave a victim.”

Ahmed Abdi Omar, 13, grabbed Conde’s sunglasses through the window of a moving Humvee military vehicle that was returning to Mogadishu airport.

The Somali youth was hit in the abdomen by buckshot pellets and underwent surgery for removal of a section of perforated colon. A 17-year-old bystander was struck in the arm as he ate a grapefruit.

At issue was whether Conde fired on the spur of the moment, fearing for his safety on Mogadishu’s dangerous streets, or whether the shot came as Omar was fleeing and was fired in revenge.

Perhaps the most damning testimony came from Conde himself, who admitted that within a minute or two after the incident, as the convoy headed for the airport without stopping, he said to the Humvee’s driver, Lance Cpl. Chad Rivet:

“Those (expletive deleted) took my glasses. They must have a hell of a headache.”

The trial began Monday. After final arguments Tuesday morning, the nine-man board of eight Marines and one Navy officer deliberated 3 1/2 hours before returning its verdict.

Conde, a native of San Juan, Puerto Rico, was charged with two counts of aggravated assault. He was convicted of aggravated assault for shooting Omar and simple assault for wounding the bystander.

In a statement before the panel considered a sentence, Conde showed emotion for the first time during the proceeding. His voice broke briefly as he described a solid 13-year career and an incident that lasted only a few seconds but will affect the rest of his life.

“I still love the Marine Corps. I’ll love it until the day I die,” Conde said. “In my life, in my heart and in my soul, until the day I die, regardless of what the members think, regardless of the verdict, I believe I acted in self-defense.”

“It was a very difficult case in terms of knowing you’re dealing with a Marine who has a good record,” said Col. Mike Brock of Lakeview, Ore., who was president of the court-martial board. “It’s emotionally draining.”

Marine Lt. Gen. Robert B. Johnston, commander of the U.S.-led coalition, will review the court-martial results. He could change the sentence or reverse the conviction.