{"id":32631,"date":"2023-02-28T19:21:40","date_gmt":"2023-02-28T19:21:40","guid":{"rendered":"https:\/\/one.sightlinemg.com\/navytimes\/uncategorized\/2023\/02\/28\/dismissal-of-3rd-marsoc-3-defendants-case-to-be-weighed-by-court\/"},"modified":"2026-08-08T21:10:50","modified_gmt":"2026-08-08T21:10:50","slug":"dismissal-of-3rd-marsoc-3-defendants-case-to-be-weighed-by-court","status":"publish","type":"post","link":"https:\/\/one.sightlinemg.com\/navytimes\/home\/left-column\/2023\/02\/28\/dismissal-of-3rd-marsoc-3-defendants-case-to-be-weighed-by-court\/","title":{"rendered":"Dismissal of 3rd \u2018MARSOC 3\u2019 defendant\u2019s case to be weighed by court"},"content":{"rendered":"\n

The same month that two Marine Raiders were found not guilty of homicide charges<\/a>, an appeals court has agreed to review the case of a third defendant in the so-called \u201cMARSOC 3\u2033 case, opening the door for it to be dismissed.<\/p>\n\n\n\n

The U.S. Court of Appeals for the Armed Forces on Wednesday said it would examine whether a military judge had been right to dismiss Navy Chief Petty Officer Eric Gilmet\u2019s case because of alleged unlawful command influence by a top Marine lawyer. A lower appeals court later reinstated the charges.<\/p>\n\n\n\n

Gilmet \u2014 along with Marine Gunnery Sgts. Danny Draher and Josh Negron \u2014 were charged with involuntary manslaughter<\/a>, negligent homicide, obstruction of justice and lesser offenses in 2019.<\/p>\n\n\n\n

In the early hours of New Year\u2019s Day 2019, they had been celebrating at a bar off-base in Irbil, Iraq, along with retired Army Master Sgt. Rick Rodriguez, a military contractor. Security footage<\/a> shows that Rodriguez<\/a> became so aggressive with Gilmet that bouncers had to kick him out of the bar.<\/p>\n\n\n\t