The Marine Corps says it won't pursue assault charges against a sergeant whose 1999 rape conviction was dismissed nine years into a 17-year prison term.
Sgt. Brian W. Foster was convicted of raping his estranged wife while he was a military police officer at Camp Pendleton in 1995. A military appeals court cited procedural flaws when it tossed out that conviction in February.
The Marines said Friday that it won't pursue aggravated assault and threat charges. The 35-year-old was accused of assaulting his wife from 1994 to 1998.
The Marines say Foster is entitled to back pay and allowances. He is still in the Marines, assigned to Mobilization Command Headquarters Company in Kansas City, Mo.
Copyright AP - Associated Press
