A former U.S. Army soldier who was convicted in a general court-martial for killing a fellow soldier on Christmas Day is back behind bars after Florida investigators say he confessed to possessing and transmitting child sexual abuse material.
According to arrest records from the Oviedo Police Department, Marshall Derrill Drake, 36, was arrested on March 5, 2026, following a search warrant executed at his residence in Oviedo, Florida. Authorities say the investigation began months earlier after a cyber tip flagged suspected child exploitation material shared through a messaging platform.
Drake is currently listed as an inmate at the John E. Polk Correctional Facility in Seminole County.
He faces multiple felony charges related to child sexual abuse material and illegal possession of firearms by a convicted felon.
Cyber Tip From Messaging Platform Launched Investigation
According to Drake’s arrest report, the investigation began in November 2025, when a messaging application submitted a cyber tip to the National Center for Missing and Exploited Children (NCMEC).
The tip reportedly indicated that a video suspected to contain child sexual abuse material had been transmitted through the service.
Investigators determined the file showed two girls believed to be between 11 and 13 years old, according to the report.
Law enforcement traced the digital activity to an IP address in the Oviedo area. In January, investigators served a subpoena on AT&T, which returned subscriber information tied to Marshall Drake and an address in Oviedo.
On March 5, Oviedo police executed a search warrant at the residence and interviewed Drake.
According to the arrest report, Drake allegedly provided a full confession to transmitting and possessing child sexual abuse material.
Investigators also reportedly discovered numerous Kik chat messages in which Drake allegedly discussed sexually assaulting his wife’s teenage daughter.
The arrest report states Drake lived in the residence with his wife and her 14-year-old daughter.
Weapons Discovered During Search
During the search of the home and Drake’s vehicle, investigators reported discovering firearms and ammunition.
Because Drake is a convicted felon, possession of those weapons is illegal under both state and federal law.
Police also reported finding brass knuckles on the dashboard of Drake’s truck.
Drake now faces several felony charges, including:
• Obscene communication involving electronic transmission of child pornography
• Possessing or viewing child sexual abuse material
• Possession of a firearm or ammunition by a convicted felon
• Using or displaying a firearm during the commission of a felony
Court records show Drake’s total bond was set at $25,000, and he is scheduled to appear in court on April 14, 2026.
2012 Christmas Day Shooting in Army Barracks
Drake’s criminal history dates back to a fatal shooting while he was serving in the U.S. Army.
In December 2012, Drake—then a Specialist assigned to the 4th Airborne Brigade Combat Team, 25th Infantry Division—shot and killed Pfc. Grant W. Wise, a fellow soldier stationed at Joint Base Elmendorf-Richardson in Alaska.
According to the Army appellate record, Drake and Wise had been drinking in the barracks on Christmas Eve 2012 and into the early morning hours of Christmas Day.
The two soldiers eventually woke another junior soldier in the unit so he would not spend the holiday alone, and the three returned to Drake’s room.
At some point during the gathering, Drake retrieved a personally owned .45-caliber handgun from his room.
According to the appellate record, Drake removed the magazine and cycled the slide in an attempt to clear the weapon. The pistol was then passed between the soldiers as they took turns cocking it and dry-firing it.
But at some point, a live round ended up back inside the weapon.
While the soldiers were engaged in horseplay, Drake fired the gun, striking Wise in the head and killing him instantly.
Court-Martial and Military Sentence
Drake was tried by general court-martial in 2013.
A military judge convicted him of:
• Involuntary manslaughter by culpable negligence
• Two violations of a lawful general regulation, related to possessing the firearm in the barracks
The court-martial sentenced Drake to:
• Dishonorable discharge
• 11 years and 9 months confinement
• Forfeiture of all pay and allowances
• Reduction to the grade of E-1
The convening authority later reduced Drake’s confinement to 10 years, while leaving the rest of the sentence intact.
The Army Court of Criminal Appeals later reviewed the case and affirmed the conviction and sentence.
Now Facing New Criminal Allegations
More than a decade after the Christmas Day shooting that ended a soldier’s life, Drake now faces an entirely different set of criminal allegations.
Florida investigators say the case began with a cyber tip but ultimately led to a confession and the discovery of digital evidence and weapons inside the home where Drake was living with a minor.
If convicted on the current charges, Drake could face significant prison time under Florida law, particularly given his prior felony conviction and the nature of the alleged offenses.
The investigation remains ongoing.
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