Family of sailor slain in Newport News seeks court-martial

Posted to: Military Newport News

NEWPORT NEWS

The family of a sailor slain in Newport News is pressing the Navy to court-martial and dishonorably discharge the fellow sailor convicted of killing her.

Sen. John Kerry, D-Mass., has already weighed in, telling the Navy last month that the sailor, Darren W. Mackie, 22, should be dishonorably discharged "at the very least," which the Navy hasn't pursued.

The slain sailor's parents, Mary and Don Trask of Bradford, Mass., have also written to President Barack Obama, Defense Secretary Robert Gates and others.

"I want this on his record," said Mary Trask, the mother of slain sailor Caitlin Trask, 20.

"He dishonored the Navy. I've read of people getting court-martialed for much lesser things," she said. "What do you get court-martialed for, if not for killing someone? This guy killed her in her sailor uniform, in Navy housing."

In February, in a new apartment complex for Navy sailors, Mackie, a sailor on the amphibious assault ship Kearsarge, put a gun to the back of Trask's head and pulled the trigger. Trask, a sailor on the aircraft carrier Dwight D. Eisenhower, was friends with Mackie, whom she previously had dated.

Mackie, a petty officer, first told police he had tripped, and then said he accidentally discharged the gun while cleaning it. He finally said he was fooling around with the gun and didn't realize it was loaded.

Originally charged with second-degree murder, Mackie pleaded guilty to involuntary manslaughter. In August, he was sentenced by Circuit Judge C. Peter Tench to the maximum 10 years in prison.

Given that sentence, the Navy decided not to pursue a court-martial, said Herb Josey, a public affairs officer with the Naval Surface Force Atlantic.

"We have full faith in the civilian legal system to provide for just results," Josey said. "And the Navy believes justice has been served in this case."

Josey said Rear Adm. Kevin Quinn, commander of the Naval Surface Force's Atlantic Fleet, decided not to pursue the court-martial, which would essentially be a new prosecution.

Mary Trask said the Navy told her it plans to administratively discharge Mackie.

The shooting occurred in a housing complex designed for Navy sailors at Huntington Avenue and 31st Street. The complex, Josey said, is properly in the jurisdiction of police and state prosecutors. In cases by civilian courts, he said, the Navy goes to a court-martial only if the civilian sentence is too light.

The Trasks aren't satisfied. Mary Trask said her daughter loved the Navy and was "on the fast track" to rising through the ranks. She was always looking out for her shipmates, even having given up her Christmas leave last year so another sailor could be with his relatives after his father died.

"My daughter served honorably," Trask said. "She was dedicated and motivated. But she's just another dead sailor to them."

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Sailor killed in Newport News by another Sailor

The military is a different SOVEREIGN so it is NOT double jeopardy.

Sailor killed in Newport News by another Sailor

Darren Mackie is a murdering liar! He killed her within the 15 minutes she was in his apartment in her uniform with his own weapon that was against his lease there! You do not point a weapon at someone unless you plan to use it! The navy should have taken this right from the start. The Comm. of VA did not assume jurisdiction, the navy didn't want it. Reducing the charges should never have happened also. Mackie's punishment was way too light. 10 years for killing someone? What a joke. He should have gotten 20 to 40 years. The Navy needs to court-martial him with a dishonorable discharge. The navy needs to support this family like they should have from the beginning!

"Mackie, a petty officer,

"Mackie, a petty officer, first told police he had tripped," -- a lie

"and then said he accidentally discharged the gun while cleaning it." -- another lie

"He finally said he was fooling around with the gun and didn't realize it was loaded." Oh, OK, we'll believe this one.

The fact that this guy only got ten years a f-ing joke. HE PUT A GUN TO THIS WOMAN"S HEAD AND PULLED THE TRIGGER!!! How is this not MURDER?!?! The prosecutor needs a serious beat down for pleabargaining down to IM.

Legal

I am no lawyer but if he does not show up for his duty's as someone in the military is he not AWOL? You can get a sunburn off base at any beach or even doing a roofing job and if you can not preform your duties can be put through a court-martial.

Dishonorable Discharge

I completely agree that he should be dishonorably discharged. I also believe he should have faced court martial for his actions, but given that he has already fallen under the civilian courts of the local jurisdiction, I disagree that he should be tried twice for the same offense. That's double jeopardy.

Regarding the previous comment about the "goverment issued gun"... I do not believe that is true. The Navy does not "issue" weapons to their members and allow them to take them home. The SEALS used to be the only exception that I'm aware of, and I'm not even sure they allow that anymore. This turd is clearly not a SEAL (based on his assignment as stated in the article). I'm certain this was his personal piece.

not double jeopardy

It is not double jeopardy... you need to check your sources. The article even states “In cases by civilian courts, he said, the Navy goes to a court-martial only if the civilian sentence is too light.”

Double jeopardy only applies to him being tried again by Virginia civilian courts for the same offense.

Forgive my ignorance...

and me being a Navy Wife(R), too.

If they don't dishonorably discharge this man, won't he be eligible for VA benefits when he gets out?

A discharge under honorable

A discharge under honorable conditions allows for VA benefits, but if he gets that I've lost all faith. If he were kicked for bad conduct or other than honorable, the only benefit he would get is medical "for service-incurred or service-aggravated disabilities". He could maybe try to swing a mental health benefit for insanity... murdering dirtbag.

If I am not mistaken, you

If I am not mistaken, you lose your benefits with an administrative discharge...although I believe you can apply at some point to have them restored.

Unbelievable. A couple of

Unbelievable.

A couple of months ago I watched a Navy officer blast a guy in the Hampton Blvd 7-11 for wearing the wrong uniform off base.

Now this guy murders someone "fooling around" and breaking EVERY rule of gun sfaety and the Navy says "Its not our jurisdiction, it happened off base"?

What is the underlying message?

You must follow the uniform dress rules off base, but its perfectly ok to play around with your Government issued gun in an unsafe manner?

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