Colorado

(Last Name)

I IQ Co. HQ Bn. 1st Manne D1v1s1on

(Unit/Command Name)

Convened by

Camp Pendleton. CA

(Place or Places of Trial)

Companion and other cases

CERTIFIED RECORD OF TRIAL

(and accompanying papers}

of

Ua, id

(First Name)

USMC

(Branch of Service)

By

Special Coun-Manial (SPCM)

(GCM, SPCM, or SCM)

Commanding Officer

(Title of Convening Authority)

I leadquarters Bn. 1st Marine D1vis1on

(Unit/Command of Convening Authority)

Tried at

On

G

Ml (DoD ID No.)

Camp Pendleton, CA

(Location)

COURT-MARTIAL

'.!5 March, 202 1

(Date or Dates of Trial)

l'.-41Cpl

(Rank)

--------- - -------- --- -------------------(Rank, Name, DOD ID No., (if applicable), or enter "None'J

DD FORM 490, MAR 2019 The previous version of this form may be used until no longer required.

CONVENING ORDER

UNITED STATES MARINE CORPS HEADQUARTERS BATTALION

1ST MARINE DIVISION, FMF BOX 555381

CAMP PENDLETON, CA 92055-5381

SPECIAL COURT MARTIAL CONVENING ORDER 1- 21

ltl REPLY RE FER TO:

5800 SPCMCO #1-21 1 Mar 21

Pursuant to Article 23 and 25 of the UCMJ and Paragraph 0120 of the manual for the Judge Advocate General, I hereby convene a Special Court ­Martial . This court- martial will proceed at Camp Pendleton , California, or at any such authorized place as directed by competent authority . The court ­martial will be constituted as follows:

MEMBERS

Captain U. S. Marine Corps First Lieutenant U. S . Marine Corps Second Lieutenant U. s. Marine Corps

Second Lieutenant u. s

Colonel U. S . Marine Corps Commandi ng

CHARGE SHEET

1. NAME OF ACCUSED (Last, First, Ml)

Colorado, David, G. 5. UNIT OR ORGANIZATION

HQ Co, HQ Bn, 1st Marine Division

CHARGE SHEET

I. PERSONAL DATA 2. EDIPI 3. RANK/RA TE 4. PAYGRADE

Cpl E-4 6. CURRENT SERVICE a. INITIAL DATE b. TERM

23 Jan 21 4 s t-'-7.;_P:....cA-=Y,-,;P-::=Ec::R'-'-M:..:..:O:.;-N.:.,;.T.;.;H-==-:-==-=:-:-=-:----=-c=-:--r-----:==,----1 8. NATURE OF RESTRAINT OF ACCUSED

a. BASIC b. SEA/FOREIGN DUTY c. TOTAL 9. DATE(S) IMPOSED

26 Feb 21- Present PTC

$2,236.20 NONE $2,236.20 II. CHARGE(S) AND SPECIFICATION(S)

10. Charge I: Violation of the UCMJ, Article 121

Specification (Wrongful appropriation; property of a value of$1,000 or less): In that Corporal David G. Colorado, U.S. Marine Corps, while on active duty, did, at or near Marine Corps Base Camp Pendleton, California, between on or about 23 February 2021, wrongfully appropriate a barracks master key, an item of some value, the property of the United States Government.

Charge II: Violation of the UCMJ, Article 129

Specification (Unlawful entry) : In that Corporal David G. Colorado, U.S. Marine Corps, while on active duty, did, at or near Marine Corps Base Camp Pendleton, California, on or about 25 February 2021, unlawfully enter a structure usually used for habitation of Corporal U.S. Marine Corps, to wit: said Corporal barracks room.

[AND NO OTHERS)

Ill. PREFERRAL b. GRADE

E-3 c. ORGANIZATION OF ACCUSER

H S tBn, MCI-W, MCB, CamPen, CA e. DATE

.:Z...01--I (JJLO ersl@ed, authorized by law to administer oaths in cases of this character, personally appeared the

above named accuser this /U /'TrJ day of M/t-6&H , 20-2,j_, and signed the foregoing charges and specifications under oath that he is a person subject to the Uniform Code of Military Justice and that he either has personal knowledge of or has investigated the matters set forth therein and that the same are true to the best of his knowledge and belief.

G. M. O'CONNELL HqSptBn, MCI-W, MCB, CamPen, CA Typed Name of Officer Organization of Officer

Captain, U.S. Marine Corps Judge Advocate Official Capacity to Administer Oaths

(See R.C.M. 307(b)--must be commissioned officer)

DD FORM 458 S/N 0102-LF-000-4580

ORIGINAL

12. On l f M().,{fM ,20--:,1_ , the accused was informed of the charges against him/hef and of the name(s) of the accuser(s) known to me. (See R.C.M. 308(a)). (See R. C. M. 308 if notification cannot be made.}

Headguarters Bn, 1 stMarDiv T Organization of Immediate Commander

First Lieutenant, U.S. Marine Cor~s

IV. RECEIPT BY COURT-MARTIAL CONVENING AUTHORITY

13. The sworn charges were received at ~ hours, (D M111<.N\ 20 ~ at

Headquarters Bn, lstMarDiv Designation of Command or

Officer Exercising Summary Court-Martial Jurisdiction (See R.C.M. 403)

FOR THE 1 Commanding Officer

Legal Officer Typed Name of Officer Official Capacity of Officer Signing

F irst Lieutenant, U.S. Marine Corps

Sionature

V. REFERRAL; SERVICE OF CHARGES 14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY b. PLACE c. DATE

Headquarters Bn, 1 stMarDiv Camo Pendleton, CA 'Z.a12 I 03 \.7

Referred for trial to the S12ecial court-martial convened by 5PrM(.I') # I-~ I

Dated I MAiCJI 20 .2l_ ,subject to the following instructions:2

By ///////////// I///// I/// I/////////// Of Command or Order

Commanding Officer Typed Name of Officer Official Capacity of Officer Signing

COLONEL, U.S. MARJNE CORPS

Signature

15. On I 5 MA.J,t!-4 ,20 .:i.. \ , 1-tcaused to be1-'seNed a copy hereof on teeeR er, the above named accused. --

C,..M. 0 1

(otJtl CAPTAIN, U.S. Marine Cores Grade or Rank of Trial Counsel/Summary Court-Martial Officer

commander signs personally, inapplicable words are stricken. onceminq instructions. If none, so state.

DD Form 458 Reverse

l\fNt91IO

TRIAL COURT MOTIONS & RESPONSES

THERE ARE NO TRIAL COURT MOTIONS AND RESPONSES

REQUESTS

THERE ARE NO REQUESTS

NOTICES

THERE ARE NO NOTICES

COURT RULINGS & ORDERS

THERE ARE NO COURT RULINGS AND ORDERS

STATEMENT OF TRIAL RESULTS

STATEMENT OF TRIAL RESULTS

SECTION A • ADMINISTRATIVE

1. NAME OF ACCUSED (last. first, Ml) 2. BRANCH 3. PAYGRADE 4. DoD ID NUMBER

jcolorado, David, G. I I Marine Corps I IE-4 I ,--~ I 5. CONVENING COMMAND 6. TYPE OF COURT-MARTIAL

I !special

7. COMPOSITION 8. DATE SENTENCE ADJUDGED

IHQ Co, HQ Bn, I st Marine Division I !Judge Alone - MJA 16 I !Mar 25, 2021 I SECTION B • FINDINGS

SEE FINDINGS PAGE

SECTION C • TOTAL ADJUDGED SENTENCE

9. DISCHARGE OR DISMISSAL 10. CONFINEMENT 11 . FORFEITURES 12. FINES 13. FINE PENALTY

jsad conduct discharge I I 150 days 11 $1, 170 for 6 months ''NIA

14. REDUCTION 15. DEATH 16. REPRIMAND 17. HARD LABOR 18. RESTRICTION 19. HARD LABOR PERIOD

IE-I I Yes (' No (e Yes (' No (e Yes (' No (e Yes (' No (e ,...,N-/-A------------------,

20. PERIOD AND LIMITS OF RESTRICTION

SECTION D • CONFINEMENT CREDIT

21 . DAYS OF PRETRIAL CONFINEMENT CREDIT 22. DAYS OF JUDICIALLY ORDERED CREDIT 23. TOTAL DAYS OF CREDIT

27 I 27 days

SECTION E • PLEA AGREEMENT OR PRE-TRIAL AGREEMENT

24. LIMITATIONS ON PUNISHMENT CONTAINED IN THE PLEA AGREEMENT OR PRE-TRIAL AGREEMENT

19{) to 180 days ,onfioomeot.

SECTION F - SUSPENSION OR CLEMENCY RECOMMENDATION

25. DID THE MILITARY JUDGE 26. PORTION TO WHICH IT APPLIES RECOMMEND SUSPENSION OF THE Yes (' No (e SENTENCE OR CLEMENCY?

28. FACTS SUPPORTING THE SUSPENSION OR CLEMENCY RECOMMENDATION

SECTION G - NOTIFICATIONS

29. Is sex offender registration required in accordance with appendix 4 to enclosure 2 of DoDI 1325.07?

30. ls DNA collection and submission required in accordance with 10 U.S.C. § 1565 and DoDI 5505.14?

31 . Did this case involve a crime of domestic violence as defined in enclosure 2 of DoDI 6400.06?

32. Does this case trigger a firearm possession prohibition in accordance with 18 U.S.C. § 922?

SECTION H • NOTES AND SIGNATURE

27. RECOMMENDED DURATION

I I

Yes (' No (e

Yes (' No (e

Yes (' No (e

Yes (' No (e

33. NAME OF JUDGE (last, first, Ml) 34. BRANCH 35. PAYGRADE 36. DATE SIGNED 38. JUDGE'S SIGNATURE

I Keane, Stephen, F. J JMarine Corps J Jo-6 J J~1ar 25, 2021 J KEANE STEP Digitally signed by L':·======;:========~· :::· ========~· =· =====~· =· =====~· . KEANE.STEPHEN.F r HEN.FRANCI RANCIS.

37. NOTES

Navy Interim Form, January 2019 PREVIOUS EDITION IS OBSOLETE

S

-

Date: 2021.03.25 · 11 :43: 18-07'00'

Page 1 of 1 Pages

Adobe Acrobat DC

STATEMENT OF TRIAL RESULTS - FINDINGS

SECTION I - LIST OF FINDINGS

CHARGE ARTICLE SPECIFICATION PLEA ORDER OR

FINDING REGULATION VIOLATED

Charge I 121 Specification: !Guilty I !Guilty I Offense description I Misappropriation of propeny of a value of$ I 000 or less

Charge II 129 Specification: !Guilty j jauilty I Offense description I Unlawful entry

Navy Form .January 2019 PREVIOUS EDITION IS OBSOLETE

LIO OR INCHOATE OFFENSE ARTICLE DIBRS

I 121-CI

I 134-C8

Page 2 of .3 Pages

Adobe Acrobat DC

I

I I

MILITARY JUDGE ALONE SEGMENTED SENTENCE

SECTION J • SENTENCING

CHARGE I SPECIFICATION I CONFINEMENT I CONCURRENT WITH I CONSECUTIVE WITH

Charge I Specification. 60 days NI A Charge II

Charge II Specification: 90 days NIA Charge I

Navy Form, JANUARY 2019 PREVIOUS EDITION IS OBSOLETE

I FINE

Page 3 of .3 Pages

Adobe Acrobat DC

CONVENING AUTHORITY'S ACTIONS

POST-TRIAL ACTION SECTION A - STAFF JUDGE ADVOCATE REVIEW

J. NAME OF ACCUSED (LAST, FJRST, Ml) 2. PA YGRADE/RANK 3. DoD JD NUMBER

jcolorado, David G. 1 JE4 I4. UNIT OR ORGANIZA TJON 5. CURRENT ENLISTMENT 6. TERM

IHQ Co, HQ Bn, 1st MarDiv I 123- Jan-2021 114 yrs I 7. CONVENING AUTHORITY 8. COURT-

9. COMPOSITION I 0. DA TE SENTENCE

(UNIT/ORGANIZATION) MARTIAL TYPE ADJUDGED

I HQ Bn, 1st MarDiv I !special I !Judge Alone - MJA 16 I I 25-Mar-2021 l Post-Trial Matters to Consider

11. Has the accused made a request for deferment of reduction in grade? 1Yes C.No

12. Has the accused made a request for deferment of confinement? rYes r.No

13. Has the accused made a request for deferment of adjudged forfeitures? ("Yes (i No

14. Has the accused made a request for deferment of automatic forfeitures? 1Yes r.No

15. Has the accused made a request for waiver of automatic forfeitures? 1Yes r. No

16. Has the accused submitted necessary information for transferring forfeitures for 1Yes r. No

oenefit of dependents?

17. Has the accused submitted matters for convening authority's review? c Yes (i No

18. Has the victim(s) submitted matters for convening authority's review? 1Yes (i' No

19. Has the accused submitted any rebuttal matters? 1Yes r.No

20. Has the military judge made a suspension or clemency recommendation? c Yes teNo

2 I. Has the trial counsel made a recommendation to susoend anv oart of the sentence? r Yes <iNo

22. Did the court-martial sentence the accused to a reprimand issued by the convening 1 Yes r. No

authority? 23. Summary of Clemency/Deferment Requested by Accused and/or Crime Victim, if applicable.

·SJA consulted with the Convening Authority and explained his clemency authority under Art. 60, UCMJ.

-The accused/victim did not submit any matters pursuant to R.C.M. 1106/1106A.

24. Convening Authority Namen-itle 25. SJA Name

Colonel Commanding Officer Lieutenant Colonel

26. SJA signature 27. Date

l•p, 15, 2021 I

Convening Authority's Action - Colorado, David G.

Page I of 2

SECTION B - CONVENING AUTHORITY ACTION

28. Having reviewed all matters submitted by the accused and the victim(s) pursuant to R.C.M. 1106/1106A, and after being advised by the staff judge advocate or legal officer, I take the following action in this case: [If deferring or waiving any punishment, indicate the date the deferment/waiver will end. Attach signed reprimand if applicable. Indicate what action, if any, taken on suspension recommendation(s) or clemency recommendations from the judge.]

The accused/vicitm did not submit any matters pursuant to R.C.M. 1106/1106A. The sentence is approved as adjudged.

29. Convening authority's written explanation of the reasons for taking action on offenses with mandatory minimum punishments or offenses for which the maximum sentence to confinement that may be adjudged exceeds two years, or offenses where the adjudged sentence includes a punitive discharge (Dismissal, DD. BCD) or confinement for more than six months, or a violation of Art. 120(a) or 120(b) or 120b:

N/A

30. Convening Authority's signature 31. Date

j,p, 21 , 2021

32. Date convening authority action was forwarded to PTPD or Review Shop. I

Convening Authority's Action - Colorado, David G.

Page 2 of2

I

ENTRY OF JUDGMENT

ENTRY OF JUDGMENT SECTION A- ADMINISTRATIVE

l. NAME OF ACCUSED (LAST, FIRST, MI) 2. PAYGRADE/RANK 3. DoD ID NUMBER

jcolorado, David G. I IE4 11

4. UNIT OR ORGANIZATION 5. CURRENT ENLISTMENT 6. TERM

I HQ Co, HQ Bn, 1st MarDiv J 123-Jan-2021 I 14yrs I 7. CONVENING AUTHORITY 8. COURT-

9. COMPOSITION 10. DATE COURT-MARTIAL

(UNIT/ORGANIZATION) MARTIAL TYPE ADJOURNED

I HQ Bn, 1st MarDiv I I special I !Judge Alone - MJA 16 I I 25-Mar-2021 I SECTION B - ENTRY OF JUDGMENT

**MUST be signed by the Military Judge (or Circuit Military Judge) within 20 days of receipt** 11 . Findings of each charge and specification referred to trial. [Summary of each charge and specification (include at a minimum the gravamen of the offense), the plea of the accused, the findings or other disposition accounting for any exceptions and substitutions, any modifications made by the convening authority or any post-trial ruling, order, or other determination by the military judge. R.C.M. 111 l(b)(l)]

Charge I: Violation of the UCMJ, Article 121 Plea: Guilty Finding: Guilty Spec: Misappropriation of property of a value of a value of $1000 or less Plea: Guilty Finding: Guilty

Charge II: Violation of the UCMJ, Article 129 Plea: Guilty Finding: Guilty Spec: Unlawful entry Plea: Guilty Finding: Guilty

Entry of Judgment - Colorado, David G.

Page 1 of 3

12. Sentence to be Entered. Acc0-.it for any modifications made by reason 01 .• 1y post-trial action by the convening authority (including any action taken based on a suspension recommendation), confinement credit, or any post-trial rule, order, or other determination by the military judge. R.C.M. 1111 (b )(2). If the sentence was determined by a military judge, ensure confinement and fines are segmented as well as if a sentence shall run concurrently or consecutively.

Military Judge (segmented sentencing) adjudged the following sentence: - Bad Conduct Discharge, forfeitures of $1170 for 6 months, reduction in rank to E-1, and 150 days of confinement to run as follows:

Charge I: Violation of the UCMJ, Article 121 Spec: 60 days of confinement

Charge II: Violation of the UCMJ, Article 129 Spec: 90 days of confinement

Total confinement time is 150 days. Confinement will run consecutively.

Plea Agreement -A Bad Conduct Discharge may be adjudged. - Forfeitures: May be approved as adjudged. - For Charge I and its sole specification, a minimum of 30 days confinement and a maximum of 60 days confinement will be adjudged. For Charge II and its sole specification, a minimum of 60 days confinement and a maximum of 120 days confinement will be adjudged. All confinement will run consecutively. Total confinement time will range from 90 days to 180 days. - Reduction in rank may be approved as adjudged.

Convening Authority's Action - The sentence is approved as adjudged.

The accused will be accredited with having served 27 days of pretrial confinement.

13. Deferment and Waiver. Include the nature of the request, the CA's Action, the effective date of the deferment, and date the deferment ended. For waivers, include the effective date and the length of the waiver. RCM 1111 (b)(3)

N/A

14. Action convening authority took on any suspension recommendation from the military judge:

N/A

Entry of Judgment - Colorado, David G.

Page 2 of 3

16. Date jud men, _11tered:

Apr 27, 2021

17. In accordance with RCM 1111 ( c )(I), the military judge who entered a judgment may modify the judgment to correct computational or clerical errors within 14 days after the judgment was initially entered. Include any modifications here and resign the Entry of Judgment.

1

18. Judge's signature:

11

19. Date judgment entered:

Entry of Judgment - Colorado, David G.

Page 3 of 3

APPELLATE INFORMATION

IN THE UNITED STATES NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS

Before Panel No. 1

UNITED STATES Appellee v. David G. COLORADO Corporal (E-4) U.S. Marine Corps Appellant

APPELLANT'S MOTION FOR FIRST ENLARGEMENT OF TIME

NMCCA Case No. 202100138 Tried at Camp Pendleton, CA, on March 25, 2021, before a Special Court-Martial convened by Commanding Officer, Headquarters Battalion, 1st Marine Division, Col. Stephen F. Keane, USMC, presiding.

TO THE HONORABLE, THE JUDGES OF THE UNITED STATES

NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS

COMES NOW the undersigned and respectfully moves for a first

enlargement of time to file a brief and assignments of error. The current due date

is July 19, 2021. The number of days requested is thirty. The requested due date

is August 18, 2021.

Status of the case:

1. The Record of Trial was docketed on May 20, 2021.

2. The Moreno III date is November 20, 2022.

3. The Appellant is NOT confined.

4. The record consists of 89 transcribed pages and 172 total pages.

5. Undersigned counsel has completed initial review of the record of trial

2

and conferred with Appellant.

Based on the conversation with Appellant, counsel is currently researching

several potential assignments of error. The requested time is necessary for counsel

to effectively research these potential issues. Accordingly, good cause exists for

granting the requested enlargement.

Appellant has been consulted and consents to this enlargement request.

WHEREFORE, for the foregoing reasons, counsel respectfully requests the

Court grant this motion.

Thomas P. Belsky CAPT, JAGC, USN Appellate Defense Counsel Navy-Marine Corps Appellate Review Activity 1254 Charles Morris Street, SE Building 58, Suite 100 Washington, DC 20374

3

Certificate of Filing and Service

I certify the original of the foregoing was delivered to the Court on July 15, 2021, that a copy was uploaded into the Court’s case management system on July 15, 2021, and that a copy of the foregoing was delivered to Director, Appellate Government Division on July 15, 2021.

Thomas P. Belsky CAPT, JAGC, USN Appellate Defense Counsel Navy-Marine Corps Appellate Review Activity 1254 Charles Morris Street, SE Building 58, Suite 100 Washington, DC 20374

1

Subject: RECEIPT - Filing - Panel 1 - U.S. v. Colorado - 202100138 - D - 1EOT (Belsky)Signed By:

RECEIVED July 15 2021

United States Navy-Marine Corps Court of Criminal Appeals 

 

Subject: Filing ‐ Panel 1 ‐ U.S. v. Colorado ‐ 202100138 ‐ D ‐ 1EOT (Belsky) 

To this Honorable Court,   Please see the attached filing.   VR,   Anthony Grzincic Major, U.S. Marine Corps Appellate Defense Counsel Code 45, Navy and Marine Corps Appellate Review Activity Washington Navy Yard 

 

1

Subject: RULING - Filing - Panel 1 - U.S. v. Colorado - 202100138 - D - 1EOT (Belsky)Signed By:

MOTION GRANTED July 15 2021

United States Navy-Marine Corps Court of Criminal Appeals 

 

Subject: Filing ‐ Panel 1 ‐ U.S. v. Colorado ‐ 202100138 ‐ D ‐ 1EOT (Belsky) 

To this Honorable Court,   Please see the attached filing.   VR,   Anthony Grzincic Major, U.S. Marine Corps Appellate Defense Counsel Code 45, Navy and Marine Corps Appellate Review Activity Washington Navy Yard 

 

 

 

IN THE UNITED STATES NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS

Before Panel No. 1

UNITED STATES Appellee v. David G. COLORADO Corporal (E-4) U.S. Marine Corps Appellant

NMCCA Case No. 202100138

SUBMISSION OF CASE WITHOUT SPECIFIC

ASSIGNMENTS OF ERROR

Tried at Camp Pendleton, CA, on March 25, 2021, before a Special

Court-Martial convened by Commanding Officer, Headquarters Battalion, 1st Marine Division, Col.

Stephen F. Keane, USMC, presiding.

TO THE HONORABLE, THE JUDGES OF THE UNITED STATES NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS

COMES NOW the undersigned and states that I have been designated by the

Judge Advocate General of the Navy as appellate defense counsel in the above-

captioned case pursuant to Appellant’s request, that I have carefully examined the

record of trial in the case, that I do not admit that the findings and sentence are

correct in law and fact, and that I submit the case on its merits to this Honorable

Court without specific assignments of error or brief.

Thomas P. Belsky CAPT, JAGC, USN Appellate Defense Counsel Navy-Marine Corps Appellate Review Activity 1254 Charles Morris Street, SE Building 58, Suite 100 Washington, DC 20374

2

Certificate of Filing and Service

I certify the original of the foregoing was delivered to the Court on August

2, 2021, that a copy was uploaded into the Court’s case management system on

August 2, 2021, and that a copy of the foregoing was delivered to Director,

Appellate Government Division on August 2, 2021.

Thomas P. Belsky CAPT, JAGC, USN Appellate Defense Counsel

1

Subject: RECEIPT - FILING - Panel 1 - U.S. v. Colorado - NMCCA 202100138 - D Merit (Belsky)Signed By:

RECEIVED Aug 2 2021

United States Navy-Marine Corps Court of Criminal Appeals 

   

Panel Paralegal Navy‐Marine Corps Court of Criminal Appeals 1254 Charles Morris St SE, Ste 320 Washington Navy Yard, DC 20374 

 

Subject: FILING ‐ Panel 1 ‐ U.S. v. Colorado ‐ NMCCA 202100138 ‐ D Merit (Belsky)  Good afternoon,  Please see attached filing.  Very respectfully, 

Office Manager 

2

Navy‐Marine Corps Appellate Review Activity Appellate Defense Division (Code 45)  1254 Charles Morris Street SE Washington Navy Yard, DC  20374 

 

  

REMAND

THERE WERE NO REMANDS

SUPPLEMENTAL COURT-MARTIAL ORDER