Vindicated Soldiers Coming Home

Roni Lynn, 21, of South Williamsport, the wife of 21-year-old National Guardsman Spc. Nathan B. Lynn, who had been accused of unlawfully killing an Iraqi civilian, said Sunday that charges have been dismissed against him and he may be home as early as this week.

The commanding officer, a general, signed off on the recommendation Friday, she said.

As for Melissa Ortiz, 36, wife of National Guard Sgt. Milton Ortiz Jr., 36, of Old Lycoming Township, she said her husband told her not to worry. He was facing minor �non-judicial� punishment � an official reprimand expected to be handed down Thursday.

The sergeant is accused of conspiracy in connection with Lynn�s case and of threatening another Iraqi. If Thursday�s proceeding goes as expected, he would be eligible to return home afterward, his wife said.

The military acted in both cases on the recommendation of the investigating officer, Army Lt. Col. John W. McClory. He found that Lynn �did nothing wrong� in shooting Iraqi civilian Gani Ahmad Zaben while on patrol in Ramadi the night of Feb. 15, according to The Associated Press.

An Article 32 hearing, similar to a grand jury hearing in civilian court, took place last Tuesday and Wednesday.

The soldiers, who belong to Co. B, 1st Battalion, 109th Mechanized Infantry Regiment, based at 1307 Grove St., could have faced courts-martial.

Lynn was charged with voluntary manslaughter and conspiracy to obstruct justice. His wife said the accusations made him second-guess himself as he continued to go out on patrols.

��Nate questioned himself constantly,�� his wife said. ��He was putting himself at risk and all the other soldiers that were with him.��

McClory determined Lynn had sufficient reason to believe Zaben was armed, and acted within accepted rules of engagement. Roni Lynn said her husband was on patrol in the darkness, thought Zaben was armed with an AK-47 assault rifle and believed he was a threat.

The charges against Lynn were dismissed ��without prejudice.�� That means they may be refiled if additional evidence is found, according to Barron�s Law Dictionary.

Ortiz was charged with threatening and assaulting Saad Jassem Muhamed in early March by allegedly pressing an unloaded firearm against his head in Ramadi. Ortiz denies putting a gun to the Iraqi�s head, Melissa Ortiz said.

She said her husband told her the Iraqi lied about having weapons in the house.

��He needed to find the truth from this man� but questioned him lawfully, she said.

Ortiz was also charged with obstructing justice. He and another soldier allegedly put an AK-47 near Zaben�s body to make it appear he was an insurgent.

McClory concluded that Lynn did not play a role in placing the rifle near Zaben�s body. There has been no official determination of any role Ortiz may have played.

The women said they were kept abreast of developments by their husbands� attorneys and their husbands and have not communicated with Army officials.

��It�s outrageous,�� Roni Lynn said of the allegations. ��How can you second-guess a soldier risking his and all the other soldiers� lives?�� she asked.

A member of the Judge Advocate General�s office initially cleared Lynn of the February shooting but the charges were refiled by someone in his chain of command, she said.

��He worked hard with his lawyer,�� she said, referring to Capt. James Culp. Lynn spent many days preparing his case with Culp, who was in Texas when he was assigned the case.

Culp told the Washington Post it was rare for an Article 32 investigating officer to recommend dismissal of all charges. Culp said the result vindicates the Uniform Code of Military Justice.

Lynn and Ortiz� commanding officer, Capt. Luis Gansell, filed the charges and testified by phone at the Article 32 hearing, William Lynn said.

Gansell �believed Nathan did nothing wrong,�� Lynn said. When asked at the hearing why he decided to file charges of voluntary manslaughter and conspiracy, Lynn said, Gansell responded it was ��done to try and get Nathan to talk about somebody else.��

��They charged my son with manslaughter to flip on somebody else,�� Lynn said. When asked who it was, Lynn said ��Ortiz.��

��But he didn�t know anything about Ortiz or what Ortiz did in March. They messed with that kid�s life on a ploy, basically,�� Lynn said.

��It is more of a personality conflict than a military conflict,�� Melissa Ortiz said.

She said she isn�t pleased with mainstream media coverage of the incident. ��They made it seem like he (Zaben) was outside his house doing gardening.��

Roni Lynn said reports Zaben was shot outside his house aren�t precise. Lynn told his wife Zaben lived a little less than two miles from the houses where the night patrol was taking place. Lynn was told Zaben�s uncle ordered Zaben to carry a gun. Zaben�s uncle was a sheik in the tribe in the town. The sheik told his nephew when he was outside at night he should always have his gun, William Lynn said.

��I pray for the families of those who have accused because all will come to light and the truth shall prevail,�� Ortiz� wife said.

��I am thankful to all the soldiers who stood by Milton, knowing he was willing to give his life for anyone in that unit,�� she said. ��Unfortunately, there were some who were not willing to do the same for him.��