The Marine officials say Corps says a New Jersey teenager accused of drawing swastikas on in a school property cannot enlist after his recruiter helped get a charge against him dismissed. The recruiter is now the subject of a command inquiry, Marine Corps Times has learned.A New Jersey teenager accused of drawing swastikas in a high school bathroom is not eligible to join the Marine Corps after a recruiter appeared in court on his behalf, officials said. The Marine Corps has also launched an investigation into the recruiter's court appearance, which is "strictly prohibited."
On Wednesday, a judge dismissed a charge of criminal mischief against Dean Kaye, 18, after a Marine recruiter said at his court hearing that the teen Kaye had applied to enlist but could not do so with a pending charge against him, according to The Record. As a condition of dropping the charge, the judge required Kaye to prove he joined the Marines.
But recruiters are not allowed to intervene in legal proceedings on behalf of a potential applicant, said Maj. Garron Garn, a spokesman for Marine Corps Recruiting Command.
"A recruiter can't even go to a court case like that, and that ... is something is 101 that gets taught at recruiter school and it's reinforced when they check in to their recruiting stations" he Garn told Marine Corps Times on Friday. "The only time that they can go to a courthouse is when they are picking up court documents. Any type of direct or indirect influence on a case like that is strictly prohibited."
Since Marine officials Because the Marine Corps feels the charge against Kaye was dropped due to the recruiter's "Iimproper influence" over the judge, Kaye is currently not able to enlist, said Capt. Gerard Farao, a spokesman for the 1st Marine Corps Recruiting District.
"Had this case been dismissed on its own merits, the applicant would be eligible without caveat," Farao said. "If adjudged adversely, the applicant would have been ineligible, with waiver consideration based on the factual circumstances of the offense and an assessment of his character and potential after all court directed actions were completed."
It is still possible for Kaye to join the Marines if he can prove that the judge's decision to drop the charge against him was not influenced by the Marine Corps, Farao said.
Farao declined to release the recruiter's name or her rank. The command has launched an inquiry to determine why the recruiter appeared in court, he said. The court appearance occurred in East Rutherford, near New York City.
"We will take appropriate corrective action once we have all the details," Farao said.
