Attorneys for three Navy men charged in the death of a 19-year-old recruit who suffered a heart attack and drowned say an admiral has ruled against court-martialing their clients.
Barry Beroset of Pensacola said Thursday he was informed that Rear Adm. Morris, chief of naval air training in Corpus Christi, Texas, ruled there is no probable cause to prosecute Petty Officer David Smith on involuntary manslaughter charges.
But Morris will order non-judicial punishment on battery charges, Beroset said.
Lawyers for Lt. Thomas Torchia and Petty Officer Richard Blevins also said they received phone calls from the prosecutor, Lt. Cmdr. Larry Wynne, who told them the lesser charges would be offered by Morris.
Smith and Blevins were two of five instructors at the Navy's Rescue Swimmer School in Pensacola charged with involuntary manslaughter and conspiracy to commit battery in the March 2 death of Lee Mirecki of Appleton, Wis.