Manteca man will return to his battalion to finish his military commitment
By Paul Burgarino
MEDIANEWS STAFF
Contra Costa Times
Article Launched:08/04/2007 03:01:35 AM PDT

MANTECA — One of the first things that Marshall Magincalda was looking forward to upon his release from the brig was dining at a real restaurant.

The Manteca native and Marine corporal will be able to enjoy the beach, play the guitar or any of his other favorite pastimes after a military court decision Friday.

Magincalda, a 2001 Sierra High School graduate, was sentenced to the time he had already served in the brig and had his rank reduced to private for his role in a conspiracy to murder a Iraqi civilian.

Mike Anderson, a Modesto resident who works in Manteca and became close to the Marine corporal because his son Mike Jr. served with Magincalda, said that he had a 22-minute phone conversation with him Friday morning after the jury verdict.

"He didn’t say specifically where he was going, but I would have to assume off-base to go to town and get some ‘real-people food,’ not brig chow," Anderson said.

Magincalda spent most of his first day as a free man gathering up his belongings from the brig and was in very high spirits, Anderson said.

"He spent a lot of the day cleaning out his cell. He’s lived there the past year and a half. He’s just trying to adjust to life."

Magincalda will be able to return to the Third Battalion, Fifth Marines, Kilo Company with his buddies to finish out his Marine commitment without a dishonorable discharge. Outside the courtroom, he also said he would be willing to go back to Iraq if needed and spoke of re-enlisting for another tour of duty.

"The great part is that he’ll be back in the barracks tonight, which is a good thing, and be able to have the VA’s help for any post-traumatic stress disorder," Anderson said. "Basically, he was acquitted. On a personal note, I’m more relieved that there is finally closure."

Magincalda’s father, Marshall Sr., said that the family was down in Camp Pendleton for 15 days, agonizing particularly the last day and a half over the slow-moving sentencing process.

The prosecution gave the jury 32 pages of instruction and 10 pages of penalty procedure to wade through, said Anderson, who had originally been asked to be a character witness.

Throughout the ordeal, Magincalda has said that his faith and the support of the community and well-wishers helped him get through. On Friday, he echoed those sentiments with Anderson.

"Magic is a young man of extreme faith and strong belief in the Marines. He’s definitely in good spirits, especially considering how he had been in talking to him before," Anderson said. "He asked me to thank the community for him."

Magincalda may come back to Manteca soon when he has leave, but not this weekend, Anderson said.

quot;There’s a giant relief, but there’s still a lot of paperwork and stuff to do. But those are little things. It’s done," he said.