Marine’s Obstruction Charge Will Stand
A judge on Friday refused to dismiss obstruction of justice charges against a Marine pilot whose jet clipped an Italian gondola cable, killing 20 people.
The judge, Col. Alvin Keller, rejected arguments by Capt. Richard Ashby’s lawyers that high-ranking Marine officers improperly influenced the decision to prosecute Ashby on obstruction and conspiracy charges.
Jury selection starts Monday for Ashby’s trial, which is expected to last two weeks. The charges he faces carry a maximum 10 years in prison.
Ashby, 32, of Mission Viejo, is accused of destroying a videotape shot during the February 1998 flight. He admitted taking the videotape out of his EA-6B Prowler after landing at his base in Aviano, Italy.
During a low-level training mission, Ashby’s four-man jet clipped the gondola, sending 20 people to their deaths. Ashby was acquitted of manslaughter charges in March.
Ashby had testified that he handed the videotape to his navigator, Capt. Joseph Schweitzer, who then threw the tape into a bonfire.
Schweitzer, 31, of Westbury, N.Y., pleaded guilty to obstruction charges, and a judge recommended his dismissal from the Marines.
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