2nd Schweinfurt soldier has been cleared of rape charge
WüRZBURG, Germany — A Schweinfurt-based sergeant was acquitted on charges of rape, burglary and conspiracy Thursday, but he will be fined and demoted after a court-martial panel found him guilty of unlawful entry into another soldier’s barracks room.
Sgt. Christopher Streeter, 24, will be dropped to the paygrade E-1 and forced to forfeit $2,129.40 in pay in connection with the barracks room incident last spring.
Streeter was accused of getting a keycard from the assistant charge of quarters and using it to enter the room of Spc. David Malone, a soldier from Bravo Company of the 1st Battalion, 7th Field Artillery Regiment at Schweinfurt’s Ledward Barracks early in the morning of March 30.
Malone and his girlfriend, a 21-year-old private first class, had passed out in his room earlier after a night of drinking, according to testimony.
The military prosecutors, Capt. Kyle Reardon and Capt. Jerry Duncan, said Streeter picked up the woman, threw her over his shoulder, and took her to his room down the hall for sex.
The woman told authorities the next morning that she had passed out in Malone’s room, but later woke up down the hall in Streeter’s room with him on top of her. She said she believed he was having sex with her but was too drunk to move or resist and passed out again.
She said she got up and left, cursing, after she woke up and found another man — later determined to be Spc. Elijah McCray, 21, the assistant — touching her.
But Streeter’s attorneys, Capt. Amy Fitzgibbons and Capt. Jonathan Larcomb, argued there was no evidence of rape.
They contended the woman was in the middle of an alcoholic blackout, apparently walking and talking normally but unable to remember it later. She acknowledged on the witness stand that she had suffered similar blackouts in the past.
Malone’s roommate, Pfc. Brendan Yarbrough, said he woke up as Streeter was carrying her from the room. He asked her if she was OK, and she said she was fine. Yarbrough also said she and Streeter had been talking in his room earlier that evening.
Prosecutors also alleged that Streeter had conspired with McCray to illegally use the master keycard and rape the woman.
In a court-martial last month, McCray also was acquitted of rape, burglary and conspiracy charges but was convicted of unlawful entry, dereliction of duty and committing an indecent act.
He was demoted to E-1 and currently is serving a 60-day sentence in an Army stockade.