United States v. EDGAR

• Court: Navy-Marine Corps Court of Criminal Appeals
• Decided: August 28, 2025
• Docket: 202500077
• Status: Published

Opinion

This opinion is subject to administrative correction before final disposition.

Before KISOR, GANNON, and FLINTOFT Appellate Military Judges

_________________________

UNITED STATES Appellee

v.

Richard R. EDGAR Staff Sergeant (E-6), U.S. Marine Corps Appellant

No. 202500077

Decided: 28 August 2025

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Thomas R. Fricton

Sentence adjudged 25 November 2024 by a special court-martial tried at Marine Corps Base Quantico, Virginia, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-5 and confinement for 89 days. 1

For Appellant: Captain Dennis T. Scanlon, USMC

1 Appellant was credited with having served 102 days of pretrial confinement. United States v. Edgar, NMCCA No. 202500077 Opinion of the Court

This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2(a).

PER CURIAM: After careful consideration of the record, submitted without assignment of error, we have determined that the findings and sentence are correct in law and fact and that no error materially prejudicial to Appellant’s substantial rights occurred. 2 However, we note that the Entry of Judgment is deficient in that it fails to identify the correct Uniform Code of Military Justice Article under Charge I. Appellant has the right for the Entry of Judgment to accurately reflect each charge and specification referred to trial as required by Rule for Courts-Mar- tial (R.C.M.) 1111(b)(1). Although we find no prejudice, Appellant is entitled to have court-martial records that correctly reflect the content of his proceeding. 3 In accordance with R.C.M. 1111(c)(2), we modify the Entry of Judgment and direct that it be included in the record. The findings and sentence are AFFIRMED.

FOR THE COURT:

MARK K. JAMISON Clerk of Court

2 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.

3 United States v. Crumpley, 49 M.J. 538, 539 (N-M. Ct. Crim. App. 1998).

2 UNITED STATES NMCCA NO. 202500077

v. ENTRY OF Richard R. EDGAR JUDGMENT Staff Sergeant (E-6) U.S. Marine Corps As Modified on Appeal Accused 28 August 2025

On 25 November 2024, the Accused was tried at Marine Corps Base Quan- tico, Virginia, by special court-martial consisting of a military judge sitting alone. Military Judge Thomas R. Fricton presided.

FINDINGS

The following are the Accused’s pleas and the Court’s finding to all offenses the convening authority referred to trial:

Charge I: Violation of Article 128b, Uniform Code of Military Justice, 10 U.S.C. § 928b. Plea: Guilty. Finding: Guilty.

Specification 1: Domestic violence – communicating a threat with intent to threaten and intimidate H.H., an intimate partner, commit an offense to wit: Article 115 - wrongfully communicate a threat to Mrs. H.H., to wit: “I’ll fucking kill you if you do this,” or words to that effect, on or about 30 July 2024. Plea: Guilty. Finding: Guilty. United States v. Edgar, NMCCA No. 202500077 Modified Entry of Judgment

Specification 2: Domestic violence - communicating a threat with intent to threaten or intimidate H.H., an intimate partner, commit an offense to wit: Article 115 - wrongfully communicate a threat to Mrs. H.H., to wit: “I will kill you, I will kill you” or words to that effect, on or about 30 July 2024.

Plea: Guilty. Finding: Guilty.

Specification 3: Domestic violence - communicating a threat with intent to threaten and intimidate H.H., an intimate partner, commit an offense to wit: Article 115 - wrongfully communicate a threat to Mrs. H.H., to wit: “I’ll fucking kill you,” or words to that effect, on or about 30 July 2024. Plea: Guilty. Finding: Guilty.

Specification 4: Domestic violence - communicating a threat with intent to threaten and intimidate H.H., an intimate partner, commit an offense to wit: Article 115 - wrongfully communicate a threat to Mrs. H.H., to wit: “I will kill you,” or words to that effect, on or about 30 July 2024.

Specification 5: Domestic violence – wrongfully violate a protective order with intent to threaten and intimidate H.H., an intimate partner, on or about 2 August 2024. Plea: Not Guilty. Finding: Withdrawn and dismissed.

Specification 6: Domestic violence – wrongfully violate a protective order with intent to threaten and intimidate H.H., an intimate partner, on or about 3 August 2024. Plea: Not Guilty. Finding: Withdrawn and dismissed.

2 United States v. Edgar, NMCCA No. 202500077 Modified Entry of Judgment

Charge II: Violation of Article 112a, Uniform Code of Military Justice, 10 U.S.C. § 912a. Plea: Not Guilty. Finding: Withdrawn and dismissed.

Specification 1: Wrongful use of Delta-9 Tetrahydrocannabinol (THC9), a Schedule I controlled substance, on or about 19 January 2023. Plea: Not Guilty. Finding: Withdrawn and dismissed.

Specification 2: Wrongful use of Delta-9 Tetrahydrocannabinol (THC9), a Schedule I controlled substance, on or about 6 September 2023. Plea: Not Guilty. Finding: Withdrawn and dismissed.

3 United States v. Edgar, NMCCA No. 202500077 Modified Entry of Judgment

SENTENCE

On 25 November 2024, the military judge sentenced the Accused to the following:

Reduction to pay grade E-5.

Confinement

For Specification 1 of Charge I

Confinement for 89 days.

For Specification 2 of Charge I

For Specification 3 of Charge I

For Specification 4 of Charge I

The terms of confinement will run concurrently. The accused is credited with 102 days of confinement credit.