Corporal Marshall L. Magincalda, USMC, was found guilty of larceny, housebreaking and conspiracy to commit the following: murder,kidnapping, larceny,obstruction of justice, false official statement and housebreaking. The members returned the verdict on 1 August 2007.
On 3 August 2007, he was sentenced to 448 days confinement and reduction in rank to Private. He had been in the brig at Camp Pendleton for the past 450 days, thus he will be released immediately. His sentence is similar to that of Cpl Thomas, except that Cpl Magincalda did not receive a bad-conduct discharge.
Because he did not receive a discharge at the court-martial, the Marine Corps will either separate him administratively or not allow him to reenlist. That is if the Marine Corps does not allow him to stay in the service, which is highly unlikely. Additionally, what are the chances that he would want to stay in the Corps after spending over a year in the brig?