Matthew S. Terry
James R Goodwin
Jeremy James Villa
U.S. Marine Corp Conspiracy - Rape - Indecent Assault
Name: Matthew Shea Terry
Name: James R Goodwin
Name: Jeremy James Villa
Case: U.S. v. Terry No. NMCCA 9701393 (Matthew Terry)
Date Of Appeal: August 30, 2005
Plea: Not Guilty
Charges: Rape, Indecent Assault
Military Branch: U.S. Marine Corp
Listed In National Sex Offenders Registry? Yes
The appellant was convicted, contrary to his pleas, by a general court-martial in 1997 of conspiracy to commit rape and indecent assault, conspiracy to obstruct justice, making a false official statement, rape, and indecent assault, in violation of Articles 81, 107, 120, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 881, 907, 920, and 934.
He was sentenced to confinement for 9 years, total forfeiture of pay and allowances, reduction to pay grade E-1, and a dishonorable discharge. The convening authority approved the sentence as adjudged.
In December 1999, a general court-martial composed of both officer and enlisted members convicted the appellant, contrary to his pleas, of conspiracy to commit rape and indecent assault, conspiracy to obstruct justice, making a false official statement, rape, and indecent assault, in violation of Articles 81, 107, 120, and 134, UCMJ.
The members sentenced the appellant to confinement for 16 years, reduction to pay grade E-1, total forfeiture of pay and allowances, and a dishonorable discharge. The convening authority approved confinement for 9 years.
The offenses of which the appellant was found guilty arose out of a single incident involving three other Marines. While assigned to temporary duty at Keflavik, Iceland, the Marines assaulted and raped Seaman Apprentice (SA) “P,” , age 19, United States Navy.
At separate general courts-martial, the other Marines pled guilty to charges arising out of the incident pursuant to pretrial agreements with the convening authority. During the appellant’s contested court-martial, the trial counsel offered evidence that each co-conspirator was testifying pursuant to a pretrial agreement.
The trial counsel also elicited from each of the other Marines the fact that they each had pled guilty to charges similar to those the appellant was facing. Each of the other Marines testified that they pled guilty to conspiracy to commit rape and that they had specifically conspired with the appellant.
Having carefully examined all of the evidence admitted on the merits at the appellant’s first general court-martial, we find that the Government’s evidence on the merits was strong, compelling and overwhelming. We conclude that the evidence presented at that court-martial was both legally and factually sufficient to support findings of guilty as to each and every offense.
The appellant’s three co-conspirators testified during the Government’s case-in-chief regarding their individual guilty pleas and pretrial agreements. Record at 743, 798, 839. In the appellant’s second AOE, he asserts that it was plain error for the Government to introduce evidence before the members establishing that each of the appellant’s alleged co-conspirators pled guilty to charges identical to those the appellant was facing. The appellant avers that this court should set aside the findings and sentence. We disagree.
We have considered the appellant’s contention that he is entitled to a new trial under the “doctrine of cumulative errors.” We find no merit in it. We have also considered the appropriateness of his sentence in view of original assignment of error III and find this assignment of error to be without merit.
Two of the other Marines involved in the gang rape are:
Cpl. James Robert Goodwin III, 21 (registered sex offender)
Convicted August 29, 1996
US MARINE CORP CIRCUIT UCMJ ART 120 RAPE Aug 29, 1996 NC
US MARINE CORP CIRCUIT 18 USC 2241 ART 134 INDECENT ASSAULT Aug 29, 1996 NC
US MARINE CORP CIRCUIT UCMJ ART 80 ATTEMPTED SODOMY
Cpl Jeremy James Villa (registered sex offender)
Convicted August 29, 1996
Villa served five years
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