A Marine based at Twentynine Palms, California, has been fully acquitted of charges stemming from hazing allegations, according to his attorney.
The charges come amid a hazing crackdown by 1st Marine Division, which so far has resulted in 15 Marines being administratively separated for hazing and another Marine being separated after he was convicted at court-martial of hazing.
Lance Cpl. Chaz Hurd was one of nearly 30 Marines sent to the brig since June for allegations of hazing, court papers say. Hurd was confined on June 30 after being publicly accused of hazing in front of his battalion during a formation.
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On Thursday, a military jury found Hurd not guilty of assault; failure to obey an order; cruelty and maltreatment; and wrongfully impeding an investigation, said his civilian defense counsel Daniel Conway.
With the acquittal, the Marine Corps should not be able to take any further disciplinary or administrative action against Conway based on those specific charges, Conway said on Friday.
“We’re hoping that he’s able to move on with his Marine Corps career without any sort of interference or further reprisal,” Conway told Marine Corps Times. “We’re hoping to get a fresh start.”
Hurd had been accused of making three Marines put their chests on their helmets and hold a plank position without using their hands; hitting a junior Marine with a pillow; and making a threat against a Marine, Conway told Marine Corps Times.
A military judge allowed Hurd’s defense to object to two potential jurors after finding apparent unlawful command influence in the case.
In July, Maj. Gen. Eric Smith, commander of the 1st Marine Division, made hazing prevention a top priority after a spike of alleged incidents in 2nd Battalion, 7th Marines; 3rd Battalion, 7th Marines and the 3rd Assault Amphibian Battalion.
Smith decided to personally adjudicate all cases of alleged hazing and ordered that all command investigations be completed within seven days, even if other agencies had not yet finished their own investigations.
“I don’t plan to focus on anything else until we solve this issue,” Smith wrote in a July 12 email to all 1st Marine Division commanders and sergeants major.
After a military judge ruled in August that Smith’s guidance on hazing created the appearance of unlawful command influence, Smith issued a clarification that he was not requiring specific sentences or administrative actions in hazing cases.
“More important than my desire to stamp out hazing is our collective requirement to adhere to our Constitution and the Uniform Code of Military Justice,” Smith wrote on Aug. 21. “I would never attempt to influence anyone’s decisions regarding a specific case, and if anyone were to perceive that I was doing so, that person is obligated to ignore that influence and do what is right.”
