TX: Coed at UNT and the designated driver murdered in Denton New Years Eve

[Oldgringo]

And a Marine to boot. So sad. He may get the death penalty.

He was a marine....secondly.

[Charles L. Cotton]

I don't know anything about the Military Code of Justice. Can he be charged by the Marines? If so, can he get the death penalty?

Chas.

[n5wd]

I don't know anything about the Military Code of Justice. Can he be charged by the Marines? If so, can he get the death penalty?

Chas.

Not in this case. He was on leave, not in uniform, and not representing himself as a Marine at the time. The Marines will just hand this young man over to the civilian authorities in this case, then after the civilian judicial process is underway, will most likely process him out of the Marine Corps with bad paper for criminal activities.

[C-dub]

Wish the Corps would get rid of him first. I don't want any chance of seeing him in uniform during any trial.

[AF-Odin]

IANAL, but do have quite a bit of experience with the Uniform Code of Military Justice. The offense was not committed on a military/federal installation. The defendent was not on duty at the time. The victim was a civilian. The USMC will gladly waive jurisdiction to the State of Texas. Also, IIRC the USMC will not provide a JAG Defense Attorney as they do not represent personnel at civilian courts, so Denton county will have to pay for the Public Defender. An unfortunate note is that until he is convicted he will continue to draw pay from the USMC. This is a part of our judicial system whereas you are innocent until proven guilty. There may be a mechanism where he could be "Chaptered" out of the USMC for misconduct and being in civilian confinement, but that is a rather complicated process.

As Labrat stated, he has a much better chance of receiving the death penalty from Texas than from the military. No military executions in over 50 years. Hopefully that will change soon for Nidal Hasan.