MARINE CORPS BASE CAMP PENDLETON -- After having sex with Kimberly O'Neal in Deer Park on Feb. 29, 2004, Gunnery Sgt. Archie O'Neil shot 11 rounds at her with a .45-caliber pistol, reloaded, fired twice more and left her there to die, according to prosecutors' opening statements in O'Neil's murder trial.
Prosecutors began stating their case June 1, the opening day of a scheduled three-week trial to determine O'Neil's fate. The 1st Marine Division radio chief faces life in prison if convicted of premeditated murder.
O'Neil has pleaded not guilty to premeditated murder, adultery and other charges -- even though he signed a statement admitting the shooting.
O'Neil sat expressionless next to his defense attorneys during court-martial proceedings over the past week. The 6-foot-plus, stocky African-American occasionally whispered with his counselors.
A seven-member panel of four officers and three enlisted Marines (six men, one woman) will decide O'Neil's guilt or innocence. Defense lawyers chose not to make their opening remarks until the prosecution rests, which should be late this week, defense co-counsel Maj. Leon Francis said.
Witnesses will testify O'Neil had tried to buy an unregistered pistol twice before purchasing the weapon he's charged with using to kill O'Neal, prosecutors said. During opening statements, Capt. Jonathan Strasburg said witnesses will testify O'Neil told them he needed the gun to "take care of something."
But the pistol O'Neil allegedly bought and used to kill his lover was never found. The day after O'Neal was found dead, O'Neil left with his unit to Kuwait. Strasburg speculated O'Neil threw the weapon in the trash after arriving in Kuwait.
The prosecution's first witness, a Naval Criminal Investigative Service special agent, questioned O'Neil in Kuwait after authorities detained the defendant. The agent, Gunnery Sgt. Gregory Reid, testified that O'Neil confirmed he was having an affair with O'Neal, who was married to another Marine. O'Neil told Reid he shot his lover after she threatened to kill his family, Reid testified.
On the fourth day of questioning, O'Neil admitted he "lost it," Reid said.
O'Neil also said he shot at her "until she lay down and stopped talking," Reid said, quoting from the signed statement.
O'Neil told the agents "you guys know what I did, but when I tell you why I did it, you'll understand," Reid said.
Witnesses who testified included Nathan Johnson, a former Marine who deployed with O'Neil. He stated he saw O'Neil the night of the murder. He testified that O'Neil asked him to hold on to a .45-caliber pistol.
Johnson's girlfriend, Anna Javier, also testified. She described O'Neil as "stressed out." He later retrieved the gun before deploying, Johnson said.
Defense counselors won't confirm the basis for their defense. But during pretrial hearings, they stated O'Neil might have suffered from post traumatic stress disorder.