An Anchorage-based Marine Corps recruiter convicted in a court-martial Friday of sexually assaulting a friend's girlfriend on New Year's Eve 2011 may face local charges in the crime, according to the Anchorage Police Department.
In a Monday statement, APD spokesperson Anita Shell says the case against 33-year-old Gunnery Sgt. Nicholas Howard, who worked at the Dimond Center mall, has been handed over to the district attorney's office.
"December 31, 2011 began as a birthday celebration which included the victim and her boyfriend, Howard and his wife, and a third female," Shell wrote. "Late into the evening, the five ended up at Howard's residence where they planned on staying overnight. At some point during the night, the victim's boyfriend left her alone with Howard, who sexually assaulted the woman."
Shell says the case was delayed as the Marine Corps asked to take over it, with APD transferring evidence to the service. A member of the Naval Criminal Investigative Service visited Anchorage, with NCIS receiving the case in July 2012. DNA evidence in was forwarded from NCIS to the Army's crime lab for testing.
"DNA results concluded that there had been sexual contact between Howard and the victim," Shell wrote.
Howard's court-martial took place before a jury of Marine officers in San Diego, Calif., with testimony from two APD detectives and a forensic nurse last week before he was convicted of first-degree sexual assault and adultery. In addition to being demoted to private and discharged, Howard will also lose all military privileges and must register as a sex offender.
In an email to Channel 2 Brett Sarber, the detective with APD's Special Victim Unit assigned to Howard's case, says prosecutors at Howard's sentencing shortly after his conviction had recommended that he receive a seven-year prison term.
"The jurists decided 'zero time' confinement, meaning Howard would not be incarcerated," Sarber wrote. "The decision for 'zero time' on confinement, and the reasons such was decided rests with the USMC jury panel."
Although the investigation and court-martial have taken more than a year, Shell says Howard hasn't been at his former post since days after the case began.
"Howard was relieved of his duty post at the Dimond Mall as a recruiter by USMC chain of command on January 1, 2012, the day the USMC was notified of the investigation," Shell wrote. "Howard did not return to duty as a recruiter while the case was pending trial."
Editor's note: APD Detective Brett Sarber has clarified why Howard did not receive jail time in the Marine Corps court-martial.
Channel 2's Neil Torquiano contributed information to this story.
Contact Chris Klint