Final Convictions Dismissed for Marine Raiders in 2019 Green Beret Case
In a significant development for the military justice system, the Navy-Marine Corps Court of Criminal Appeals has dismissed the final convictions against two Marine Raiders related to the 2019 death of a Green Beret veteran in Iraq. This decision concludes a complex legal journey that has captured widespread attention and challenged military legal procedures.
The incident involved Gunnery Sergeants Daniel Draher and Joshua Negron, alongside Navy Chief Petty Officer Eric Gilmet, who were accused of causing the death of retired Army Master Sgt. Rick Rodriguez. The altercation occurred outside a bar in Irbil, Iraq, where Rodriguez succumbed to injuries days after being punched by one of the Raiders. Defense attorneys argued the action was protective in nature.
While Gilmet’s case was dismissed earlier in 2023, Draher and Negron were previously found not guilty of the more serious charges, including involuntary manslaughter, negligent homicide, and dereliction of duty. However, they faced convictions for violating a lawful order by drinking in theater, a charge that carried the implications of a felony, affecting their civilian life significantly.
On December 27th, the military court dismissed these drinking convictions “with prejudice,” indicating a final decision. Phillip Stackhouse, the attorney for the Raiders, expressed that while the government could still appeal, it is unlikely. “It was a substantial case that lasted an extraordinarily long time; it’s over though,” Stackhouse remarked, highlighting ongoing efforts to address remaining consequences such as discharge records and lost pay or promotions.
After nearly six years, Stackhouse announced in a social media post, “And the MARSOC 3 are free.” The Marine Special Operations Command has acknowledged the dismissal, with spokesperson Maj. Johnny Henderson stating that any decision to appeal is guided by military regulations, and no further proceedings can be confirmed at this time.
Background of the Case and Unlawful Command Influence
The events of New Year’s Day 2019 in Irbil set the stage for what would become a highly scrutinized case. Dubbed the “MARSOC 3,” Draher, Negron, and Gilmet were celebrating when an interaction with Rodriguez turned violent. Security footage depicted escalating tensions leading to Negron punching Rodriguez, who later died from his injuries.
The case became notable within military justice circles, largely due to claims of unlawful command influence. Colby Vokey, Gilmet’s attorney, described the case as an “earthquake” for the system. Testimonies revealed that a top Marine judge advocate’s comments threatened the independence of defense counsels, suggesting career jeopardy for those vigorously defending their clients.
This influence led to the eventual dismissal of Gilmet’s case and was a critical factor in the decision to overturn the drinking convictions for Draher and Negron. The court recognized the impact of such influence, stating it “remains the mortal enemy of military justice.”
The Personal Impact on Gunnery Sgt. Daniel Draher
For Draher, the ordeal has been deeply personal. Joining the Marine Corps post-9/11, he was on the cusp of career advancements when the incident occurred. However, the charges left him feeling marginalized by the Corps, losing his security clearance and facing isolation.
Reflecting on the experience, Draher expressed hope that highlighting issues within the military justice system could prompt reforms. Although relieved by the dismissal, he noted the irreversible loss of time and career opportunities. “We still don’t get that time back,” he stated, contemplating future steps to reclaim his professional life.
Throughout the prolonged legal battle, Draher viewed his situation as a conflict, even as he grappled with the reality of facing the United States government as an adversary. “That’s a heavy thing to sit with,” he noted, considering the sacrifices made during his service.
