(01/06/2006)
A military judge at Parris island has dismissed a charge of failing to obey orders against a Marine swim instructor in the death of a recruit last year.

The more serious charge of negligent homicide is still pending against Staff Sergeant Nadya Lopez.

Video tape made by a local TV station reportedly shows the DI failing to follow military training rules, which led to the drowning death of Braxton County native Jason Tharp.

A judge has delayed Lopez's court martial until February 27. The trial had been scheduled later this month. An additional Marine Corps lawyer has been added to her defense team.

Lopez could be sentenced to three years in prison if she's convicted. A pretrial hearing is scheduled for January 23.


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