Military judge dismisses charges in MARSOC 3 case due to 'threatening comments'

One of three Marine Forces Special Operations Command (MARSOC) service members charged with negligent homicide and involuntary manslaughter in 2019 had his charges dismissed Wednesday.

The ruling to dismiss all charges and specifications with prejudice, or permanently, was made by U.S. Navy Commander Hayes C. Larsen, a military judge who decided the dismissal was “the appropriate remedy” following the defense’s claim of Unlawful Command Influence (UCI) in the case.

Larsen wrote in the ruling that “a senior judge advocate who occupied a position of authority over the futures of young judge advocates made threatening comments to a young judge advocate about his career while this young judge advocate was assigned as [Individual Military Counsel] to a [high visibility] case, creating an intolerable tension and conflict between an accused and his specifically requested military counsel.”

Larsen found that the actions of Col. Christopher Shaw, former Deputy Director of Community Management and Oversight of the Judge Advocate Division at Headquarters Marine Corps, constituted “actual and apparent UCI.”

In his ruling, Larsen wrote how Shaw, who oversaw the assignment process for all Marine judge advocates, made comments on Nov. 18 during a meeting at the Camp Lejeune Defense Service Office directed at Capt. Matt Thomas, a military counsel for Chief Petty Officer Eric Gilmet, one of the accused known as the MARSOC 3.

During the meeting, Thomas asked Shaw about protecting attorneys from outside influences, to which Shaw responded with words to the effect of defense attorneys “may think they are shielded, but they are not protected,” the ruling stated.

“Captain Thomas, I know who you are and what cases you are on, and you are not protected,” Shaw is quoted as saying in the ruling, which says Shaw’s comments directed at Thomas “concerned” him “about his continued role as a defense counsel” and specifically “his role as a defense counsel for [Gilmet].”

Previous coverage: Defense in MARSOC 3 cases claim unlawful command influence

More: Stuart Scheller, former Camp Lejeune Marine, starts new chapter after Afghanistan posts

Related: Congressmen write Navy secretary, Marine commandant about MARSOC 3 cases

“Thomas feared that his continued representation of HMC Gilmet … would be detrimental to his career,” the ruling said.

In addition to charges of negligent homicide and involuntary manslaughter, the MARSOC 3 were also charged with obstructing justice and violating orders.

The charges came after Gilmet, Marine Corps Gunnery Sgt. Daniel Draher and Gunnery Sgt. Joshua Negron were involved in an altercation at an Iraq bar on Jan. 1, 2019, according to reports from United American Patriots (UAP), a national nonprofit supporting the MARSOC 3.

UAP reported an intoxicated American defense contractor allegedly instigated a confrontation with the three, which led to the contractor being knocked out by one of the Marines and later dying due to “complications stemming from his intoxicated state and from having choked on his own vomit,” UAP said in a report.

According to UAP, Draher and Negron, whose defense teams are also seeking to have their charges dismissed, have a motion hearing on Feb. 17.

Last month, three members of Congress wrote the Secretary of the Navy and Commandant of the Marine Corps requesting the cases be set aside if Shaw’s statements were found to be true.

Reporter Calvin Shomaker can be reached at cshomaker@gannett.com.

This article originally appeared on The Daily News: Navy judge dismisses charges against Marine in MARSOC 3 case