![]() “The significantly delayed process made his condition worse.” ![]() “Once allegations of misconduct arose, rather than expeditiously and fairly resolving the case, the Marine Corps dumped him in jail,” she said. To Payton-O’Brien, this case is an example of the military taking in someone they should not have and then compounding the problem. However, she says, Ruiz was never notified of the change in the process. Payton-O’Brien said that by dropping the charges against her client, the Marines are able to bypass holding a formal board to separate him. On Wednesday Payton-O’Brien said she had not seen Ruiz’s military discharge document, which is key for veterans seeking benefits from Veterans Affairs. Heritage said in the letter Ruiz should be separated with a general discharge under honorable conditions within five working days. “I have carefully reviewed the respondent’s Separation History and Physical Examination (SHPE) and determined that no medical condition had an effect on the performance or conduct resulting in the basis for separation,” Heritage wrote in the letter, dated March 31. Ryan Heritage, the commanding general of the recruit depot, signed a letter approving Ruiz’s administrative separation. Payton-O’Brien protested, saying that if Ruiz was not competent for trial then he was not competent for a review board.Īll this changed at the end of March. In March the Marines moved to convene an administrative separation board for Ruiz. ![]() His charges, for more than two years, have been pending. He has endured two stints in the Missouri prison hospital the latest began in November.īecause Ruiz was found not competent for trial, he was never arraigned in the military system. Ruiz has twice been found not mentally competent for trial over the last two years, Payton-O’Brien said. The instructor placed Ruiz in a choke hold, Ruiz told the Union-Tribune in an email. When he was confronted by a Marine staff sergeant about violating his restraining order, Ruiz became violent and struck the senior drill instructor, according to Payton-O’Brien. Once at boot camp, Ruiz began sending the woman a large volume of correspondence. He has been incarcerated since, bouncing between the Miramar brig and the Medical Center for Federal Prisoners in Springfield, Mo.Īlmost immediately upon arriving at boot camp, Payton-O’Brien said, Ruiz began engaging in behaviors she attributed to a personality disorder.Īt the time, Ruiz was subject to a restraining order filed by a Los Angeles County woman. By January 2018, two months later, he was locked in the brig at Marine Corps Air Station Miramar. ![]() Ruiz enlisted in the Marines in Los Angeles and reported to the San Diego Marine Corps Recruit Depot in November 2017. “Our recruiting process appears to have failed in this case,” Payton-O’Brien said. ![]()
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