Marine Recruiting Sergeant Acquitted in Assault Case : Trial: Juror cites ‘vagueness’ surrounding the incident, which left an Anaheim clerk with brain damage.

SANTA ANA —  A 30-year-old Marine recruiting sergeant was acquitted Thursday of assault and battery charges in an incident that left an Anaheim grocery clerk with some permanent brain damage.

The sergeant, John A. Rodriguez of Tustin, wearing his Marine uniform, had his head down in prayer as the jurors filed into the jury box.

Afterward, he told some of the jurors: “Thank you. This is my life!”

Rodriguez did not deny he struck Larry Hatch, 22, in a confrontation between several Marines and a group of four off-duty grocery clerks outside a supermarket last April. But Rodriguez said he struck out only because he thought that he was about to get hit himself.

One of the jurors, Janet Conatser of Anaheim, said there was too much “vagueness” surrounding the incident to convict Rodriguez.

“He hit him, but there was a lot of confusion,” she said. “What was important was his perception of what was going on.”

Hatch, who was in a coma for three weeks after the incident, suffered some permanent brain damage, including memory loss.

Rodriguez said after the verdict that he is remorseful about what happened to Hatch.

“I pray that he comes out of this OK,” Rodriguez said. “I’m very sorry this had to happen this way.”

Rodriguez is a career Marine with almost 10 years of service. He works out of the military recruiting office in Irvine.

He had been talking recruitment to the group outside the supermarket when an argument broke out. Rodriguez then returned with several other Marines, but he testified that he only meant to continue the recruitment talk.

Hatch testified but was unable to remember any details about what happened. Others present testified that it was Rodriguez who lost his temper when his recruitment efforts were rebuffed by the group. But Rodriguez told jurors that “everything happened so fast” he thought that he was in danger. He also said he did not think he had even hit Hatch hard enough to hurt him.

Deputy Dist. Atty. Mark Foster said later that he had no quarrel with the jury’s verdict.

“They were very conscientious,” he said. “We presented the evidence as best we could. Obviously we disagree that this was a blow struck in self-defense.”

The jurors began their deliberations Thursday at 1:30 p.m. and were ready with a verdict at 4:20 p.m.

“I don’t think I could have slept on this overnight,” Rodriguez said.

If convicted, Rodriguez could have been sentenced to a maximum of seven years in prison. His attorney, Dennis P. O’Connell, said the military has no action pending against Rodriguez and none is expected.