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Marine accused of cabbie attack allowed out-of-state therapy

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JACKSONVILLE, NC (WWAY) -- Should a Marine accused of savagely beating a Surf City cab driver be allowed to leave the state? That's the question an Onslow County judge was faced with at a bond hearing this morning.

Three months after the brutal assault of driver Charles Hawkesworth caught on camera, Marine Gunnery Sgt. John Adam Kinosh was back in court today asking a judge to help him seek help.

At a bond hearing Kinosh's commanding officer testified that alcoholism, PTSD and a brain injury suffered in battle were the cause of his violent outburst in September and that Kinosh had been seeking counseling.

Since the attack Kinosh has been removed from his role as an instructor at Marine Special Operations Command Stone Bay, but his commanding officer testified that he was a model Marine.

A letter from the commander of Marine Special Operations helped sway the judge to allow Kinosh to seek a month-long inpatient therapy at a facility in either Virginia or Texas with some restrictions. The court authorized a 28-day stay at an approved facility if the Marine Corps provides Kinosh an escort to and from the facility and makes weekly visits to ensure Kinosh stays there. He must also report to base authorities on a regular basis about where he is and his progress in therapy.

When Kinosh is done with the program, he must return to Camp Lejeune. If Kinosh leaves the facility cannot complete his treatment, his bond will be revoked and he will be extradited back to the Onslow County Jail.

Neither Kinosh nor Hawkesworth would talk to reporters after court.

Disclaimer: Comments posted on this, or any story are opinions of those people posting them, and not the views or opinions of WWAY NewsChannel 3, its management or employees. You can view our comment policy here.

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The dirty little secret is

every combat veteran knows there is no excuse for this stuff. The Gunny needs to be held to account, at the same time getting whatever kind of help folks that think like him can benefit from, of course that will all be a farce unless he sees himself for what he is and not some "victim" of TBI or PTSD.

Then roll on Gunny and live your life, after paying the debt you created. Anyone whom says this is not a felonious assualt is so biased it's laughable.

The POS Senir NCO

Every Soldier, Sailor or Marine with a legitimate case of PTSD or TBI (there are very few IMO) gets shate on when a punk like this manipulates the system to excuse his criminal behavior. I had a major conflict induced TBI between the Vietnam and Current wars and yea it stinks having to live with changes in your perception of the world and well as yourself. Yes, I did a couple of stupid things drunk and feeling sorry for myself early on. What I did not do was make excuses for anything stupid or borderline criminal while I was adjusting to living with this injury. Never, not once and no responsible adult veteran that I have interacted with since then did either. What a POS this supposed NCO is. Then try to blame this guy and put him in a jam, that's criminal planning and intention,not a side effect of TBI.

Rot in hell Gunny.

Oddly enough

Oddly enough, I have PTSD, traumatic brain injury, and a drinking problem. I still manage to avoid hitting people who don't start stuff with me. One of the worst things that ever happened to Veterans was the advent of using PTSD as an excuse for poor judgement. Unfortunately, this Marine's actions will now reflect on me.

Truly sad.

Any updates

What is the current status of this case. Is the P.O.S. ever going to go on trial?

This bully not only gets a

This bully not only gets a 'Slap On The Wrist'. He will also benefit from his criminal behavior."Disabled", my foot! He's probably grinning all the way to the bank.

COWARD

COWARD! There are hundreds of thousands of vets with PTSD and many of them drink. No excuse for this cowardly act. Make him responsible for his behavior both by the military and the state. NO EXCUSES! Won't bother saying what I personally would do to him. Pathetic excuse from a COWARD who can't man up. One day you will get a fair fight and the following day you will meet your maker COWARD!!!!

I am a Marine who has served

I am a Marine who has served for near 20 years with two years spent deployed in combat zones. I just want that out there before the trolls start firing.
Item one. Someone has posted that Kinosh should be stripped of his medals. I don't agree. The medals he has are from past honorable service and have nothing to do with the crime he committed.
Item two. Based on the information in the article, the treatment he was seeking was not for PTSD only, but for traumatic brain injury (TBI). Not a lot of specialists in that field in the area.
Item three. The assault on the cab driver. He was wrong, intoxicated, and should be tried by the state of North Carolina for felony assault and judged by a jury of his civilian peers. He should then serve whatever sentence the state of North Carolina hands down.

I do not believe he should then be stripped of his military benefits, that are based upon his past service, because then he wouldn't get the treatment for PTSD and/or TBI from the VA. I would agree that if he doesn't meet the retirement criteria set forth in the rules and regulations governing the Naval Services, he should not be allowed to retire. Finally, I restate that I do believe he should be held accountable for his actions the night he allegedly committed felony assault.

Dishonorable discharge

Item one. Kinosh should be stripped of his medals. His past "honorable" service has been erased by this event which shows him to be the same kind of person he was supposed to be protecting the US from.

Item two. There are in fact many, many specialists in that field in NC at Wake Forest, UNC, and Duke to name three off the bat. He tried to accuse the cab driver of assaulting him and pin the incident on the innocent driver; Kinosh is a fundamentally dishonest person, in addition to being a fundamentally bad one. This out-of-state attempt is just another scheme to avoid repercussions for his actions.

Item three. Close; it was not just wrong, it was despicable. Here's hoping the judge hands him the harshest sentence possible.

He should be dishonorable discharged and have his gym privileges revoked while in therapy and in prison.

Unbelievable

Is this bastard gonna walk after a slap on the wrist and some psychobabble sessions?

To start this off, I am a

To start this off, I am a combat vet in the Marine Corps. I have been on two deployments to afganistan, have been in a lot of fire fights, have seen my friends killed, have had 2 friends step on ieds one was a very close friend and the other was in my fire team. I myself have had a lot of problems with myself coming back and adjusting to life here. I have broken down more times than I can count. But everything I that's happened to me has been my fault and I've dealtthe consequences. Us combat vets freak out over nothing sometimes. But this gunny hurting another man like this is unacceptable. I believe he should be stripped of his rank and punished by the Marine Corps. But to take away his hard earned ribbons and medals should not be part of this punishment. He should take responsibility for his actions. Formally apologize to the taxi driver and offer to help him out in anyway, even if that means paying him for his lost wages and medical bills. Basically kiss his feet. He should be punished by the state, but it should be reduced. He should also do the inpatient for PTSD. I would also like to say, getting help for PTSD is a lot harder than everyone things. It's not easy, there's no tests that will just say positive for it and no one actually wants to admit that they are messed up in the head. Unfortunately it took this incident for the Marines to finally look at this gunny and say "hey maybe he really does have a problem". I feel bad for the taxi driver, he was in the wrong place at the wrong time. But I also feel bad for the gunny, maybe if he seeked help or someone tried to seek help for him this would have never happened. That is all I have for now.
-Cpl Anonymous USMC

While I can agree

with your references regarding his earned medals (they should never be taken). He should be in a jail cell for a substantial period of time for his actions-period. Then all VA benefits except his "proven" service related injuries should be yanked. I guess that would not be legally possible without a BCD....anyway. If you can handle the pressure of combat there is no excuse whatsoever for this type of criminal behavior while in the homeland.

None. Nada. Zip. He needs to be accountable, this only reflects on other servicemen in a very poor light if not.

This was a pre-planed setup

This was a pre-planed setup for a PTSD discharge that would allow Kinosh to get out of the Marines and get VA disibility benefits. Kinosh went out that night with intent to "do something", had a ride waiting off the island and he immediately checked himself into the mental health facility in Onslow Co after the assault. Kinosh had been unsuccesfully trying to get a medical discharge from the Marines so he and his family could move back to Ct. Kinosh is a scumbag that deserves a dishonorable discharge and prison time. To bad the cabby wasn't armed and able to shoot kinosh a couple of times??

Jail Time

He should have to serve time. Guilty as hell. A very violent assault. Let some of the states local guests show him some love.

My question is this...

With all of the rehab facilities in North Carolina, why is it necessary for him to go out of state for treatment?

Clearly ...

Because, clearly, he does not have the guts to remain in the local area and face the public scrutiny and daily reminders for what he's done.

Quick way to get VA payout

Gunnery Sergent Kinosh has found the shortcut to fast-tracked VA benefits:

Step 1: Beat the hell out of someone on camera
Step 2: Have your CO drive you to a clinic and then say you have PTSD
Step 3: Use PTSD as defense for beating person from step 1
Step 4: Be discharged, collect benefits rest of (miserable) life.

Not saying he doesn't have PTSD, I'm pretty sure he does - but cutting the lines and red-tape at the VA via beat-down must be looking awfully promising to the 1.5 million veterans duped into fighting the terror wars of the last decade.

As someone who served my

As someone who served my country for 14 years and was diagnosed, treated for two years before my medical retirement for the condition (PTSD). This guy is using combat as an excuse for what he did instead of doing the right thing and man up for his crime. He should face military justice, be reduced in rank and dishonorably discharged. All my opinion of course

What a repulsive turn of

What a repulsive turn of events. This crybaby of a man (the so called marine kinosh) runs like a chicken to wherever he can get somebody to say he has ptsd.. When in fact what he has is: I am a POS drunk, who cannot handle my booze. This is what the military is hiring nowadays… A bunch of crap… Just look at their leaders at the pentagon, whore mongers and crooks…

There has been one oddly avoided question

did Island Taxi have workers compnesation insurance & did they file a claim for imjuries and lost wages on behalf of the injured driver?

2 simple questions which can be answered Yes or No.

Now in Raleigh, the Governor has enpanneled a group which includes The AG & Comissioner of Insurance to study how cases such as this can be avoided. One of the few steps she's taken which I commend.

It's estimated there are over 30,000 North Carolina businesses which should have workers compensation insurance and do not. They try to skirt the system by claiming everyone who works for them is an "independant contractor".

Not only does this delay, if not avoid workers compensation benefits for the injured; it prevents the collection of FICA, state withholding, medicare, social security and so forth.

What do you say WWAY? Time for a follow up phone call to Island Taxi?

You've been around for awhile, you should know the answer.

The trend of using "independent contractors" has been on the rise for the past two decades! It is especially prevalent in service businesses as a loophole to avoid providing health benefits, avoid paying FICA (FICA is SS), withholding of taxes, lack of workmans comp. and adds ineligibility for unemployment benefits, holidays and vacation for that worker. This saves businesses a ton of money and relieves them of a ton of responsibility. Sure, it's skirting the system, sure...businesses can stuff their pockets at the workers expense. There's nothing "oddly avoided" here, it's all completely legal and above board as long as the independent contractor "criteria" are met.

PS SCT...Look at all of the illegal aliens employed in this area alone. They get an hourly wage not too different from a legal worker but the companies pay for nothing else and absolve themselves of any responsibility. The same game. Now, do you have any more wonder as to why the flood gates on our southern border run wide open? Any idea just how much revenue is lost and how much unearned SS bene's are paid and unearned health care costs are affectd by this on a NATIONWIDE scale? The numbers are absolutely staggering in the very least!

IF

the criteria are met.

IN this case, they were not.

Then divulge your proof.

You are no more privy to employment information than any other news reader posting here. You speak out of speculation only and without any credibility. You have absolutely no idea of the cab drivers employee or contract status, therefore no idea as to whether he is entiltled to any workmans compensation of any sort.

The fact is that the cab companies in this area utilize the service of their cabbys as contractors and only provide the vehicle, it's a simple and basic business decision and practice. No different than a hair salon renting booths and/or chairs to contracting stylists. While off subject anyway, you seem hell-bent to again nail a point home that you know very little, if anything at all, about.

Guest

do your own research.

Does Island Taxi have a dispatch which issues calls to cab drivers?

Does Island Taxi specify where the taxi drivers sit while waiting for fares?

I could continue but I shall not.

No different than a hair salon?

Let's see -- cab driver sits in cab and receives dispatch calls to pick up specific fares at specific locations. From the employer.

Versus a beutician who rents a chair and then develops his or her following through various means.

If you can not see the difference, one hopes you neither own a business or supervise personnel.

There is a 7 point IRS set of standards which are applied to determine whether one is a true IC or not. And number one on the list concerns who controls the work of the IC.

The state confirms there are over 30,000 businesses which use the very scheme you outline. The Governor has a blue ribbon panel studying how to overcome this very scheme.

One easy way to resolve is to make a call to the DOI which can send an investigator to interview both the injured person and the businessowner. They'll review records and finances.

I know how it will turn out. We go that route, well were I the owner of Island Taxi, I'd be calling my insurance agent to determine if I received bad advice.

Cab drivers are indeed

Cab drivers are indeed independant contractors. They "rent" the cabs by the day.

There's a lot

more to the definiation than what you list.

Guess what; you're wrong.

Sick man

Adam Kinosh should be stripped of all his metals (if received any, and stripped of his title from the Marine Corps. He is no role model to the Corp or to our Country.

Adam is a sick man and needs serious help that he or his family need to pay for not our tax money. He has serious issues and it's sad that their are more and more Marines out there that think just because they are a Marine their S**T doesn't stink.

He has no remorse for what he's done, he doesn't care for anyone but himself and the video clearly shows that. Charles Hawkesworth was just doing his job, and trying to make a living.

Adam can kiss a normal life good bye because he has scared his name for life. Whenever his name appears on anything everyone will know who he is and what he's done. He needs to be discharged from the Marines and be allowed no benefits etc.

To Charles, I wish you the best of luck with a full recovery and hope justice is found within your case.

So, he is good enough to

So, he is good enough to fight for our country, but he isn't good enough for the benefits. I am in no way condoning what he did but the man did get PTSD while serving in the military. We shouldn't abandon him.

PTSD

one of the biggest excuses for stupid behavior of combat veterans. Real PTSD/TBI is a rare event. While I do believe this event changes nothing about his previous service from a benefit view, he should be in prison and collecting "disability" so he learns a lesson instead of using excuses. Screw him

Former 03XX Marine

Thats right

This is not the first time a marine has done this, they think because they are in the service they can get away with whatever they do because they fight for our country. I am a true American and I fully support our troops but I DON'T support the ones who abuse the system, and use their rank or I am a marine to get away with things in life.

You chose to be a marine no one forced you into it. If your a marine act like one and treat others with respect.

This is also not the first time marines have gone out on the town and have made an a** of themselves. Some police officers have done it too and if they are guilty they should be stripped of their title to.

If you represent your Country, State, County or town in any way have respect. Actions speak louder than you think and if you can't control yourself while you drink them don't drink.

Also if he has PTSD he should have gotten treatment once returned from deployment that is offered.

Strip him of his metals, and benefits and make him pay for the guys injuries and missed time from work. It's called taking responsibility for your actions.

Abby, why don't you tell us all...

...of your active duty? Describe to us what if feels like to have mortar fire zipping over your head. What does it feel like to have men in dresses instead of uniform shooting at you from unknown locations? What does it feel like to see the vehicle of your fellow soldiers blown to bits by an IED right in front of your eyes? What does it feel like to hold a wounded fellow soldier and watch his eyes go foggy as life drains from his body?

Since you seem to know so much about Marines, know so much about PTSD and know so much about what a Marine should get and what he/she shouldn't, you MUST have some really valid combat experience! If not, go back to your afternoon soaps and put your curlers back on the steamer! When you truly understand combat and it's consequences, you may have a little credence to talk your opinions! Otherwise, sit down and shut up.