Written by Jeff Schogol for Task & Purpose
The Navy-Marine Corps Court of Criminal Appeals has overturned a felony conviction against retired Marine Gunnery Sgts. Daniel Draher and Joshua Negron of the “MARSOC 3,” finding that a senior Marine lawyer had illegally interfered in the case.
Negron, Draher, and Chief Petty Officer Eric Gilmet, a Navy corpsman — whom supporters refer to collectively as the “MARSOC 3” — were deployed to Iraq with the 3rd Marine Raider Battalion when they got into a fight with former Green Beret Rick Anthony on Jan. 1, 2019 outside a bar in Erbil.
During the altercation, Negron punched Rodriguez, who fell to the ground. The three men took Rodriguez to his on-base quarters and a co-worker monitored him, but Rodriguez started having difficulty breathing. Gilmet began treating Rodriguez, Draher’s civilian attorney told Task & Purpose in December 2019. Rodriguez was taken to an on-base medical center and eventually medically evacuated to Germany, where he died on Jan. 4, 2019.
In February 2023, a military jury found Negron and Draher not guilty of involuntary manslaughter, negligent homicide, and dereliction of duty in connection with Rodriguez’s death, but jurors found the two men guilty of violating General Order No. 1 for drinking alcohol.
Although the jury decided not to punish Draher and Negron under the Uniform Code of Military Justice, their conviction had been considered a felony by states and the federal system, said civilian attorney Phillip Stackhouse, who represented both Negron and Draher for their appeal
“Gunnery Sergeants Draher and Negon appreciate the thoughtful opinion of the Navy-Marine Corps Court of Criminal Appeals,” Stackhouse told Task & Purpose. “Both look forward to correcting the conviction’s collateral damage on their service records and moving forward with their lives — with their legacy intact.”
Unlawful command influence
On Dec. 27, the court found that the deputy director of the Marine Corps Judge Advocate Division had committed unlawful command influence for his November 2021 comments that implied that military attorneys would face reprisal for defending their clients.
“Unlawful command influence” is a term under the Uniform Code of Military Justice that describes any actions commanders take that could be interpreted by subordinates as an order about whether to find an accused service member innocent or guilty.
“This case ably demonstrates why unlawful command influence remains the mortal enemy of military justice,” the court wrote in its decision about Negron. “And if military judges are the last sentinels protecting an accused from such influence, military defense counsel are often the first.”
U.S. Marine Forces Special Operations Command, or MARSOC, provided Task & Purpose with a statement acknowledging the court’s decision.
“MARSOC is aware that the Navy-Marine Corps Court of Criminal Appeals ordered the dismissal with prejudice of the charge and specification in both cases,” the statement says. “As always, MARSOC respects the judicial process.”
Read the full article at Task & Purpose
Your financial support is critical to our success, and most importantly, the success of our Warriors like the MARSOC 3!
