Air Force Court-Martial Summaries

Transcription

1 Air Force Court-Martial Summaries November 2017 This report lists convictions and acquittals for general and special courts-martial. The Air Force publishes these cases for deterrence purposes. Each military justice case must be resolved on its own facts. There are no expected or required dispositions, outcomes, or sentences in any military justice case, other than those resulting from the individual facts and merits of a case and the application of due process of law. Adjudged sentences reported here do not reflect any relief on the sentence that may have been granted during clemency or on appeal. When an Airman agrees to plead guilty to charges in return for some action by the convening authority, those pretrial agreements are noted and any impact on the adjudged sentence is included in the summary.

2 General Court-Martial Convictions 1. At Ellsworth AFB, SD, Airman First Class Damir T. Johns was found guilty by a military judge sitting alone wrongful use, attempted possession, and introduction of controlled substances onto a military installation, identity theft, failure to obey a lawful order, and being absent without leave. He was sentenced to a bad conduct discharge, confinement for 15 months, reduction to Airman Basic (E-1), and total forfeiture of pay and allowances. Pursuant to a pretrial agreement, the convening authority may not approve confinement in excess of 13 months. 2. At Hurlburt AFB, FL, Captain Jonathan D. Shamess was found guilty by officer members of abusive sexual contact and fraternization. He was sentenced to a dismissal, restriction to base for 10 days, total forfeiture of pay and allowances, and a reprimand. 3. At Little Rock AFB, AR, Master Sergeant Joseph A. Ballard was found guilty by a military judge sitting alone of rape of a child, sodomy of a child, aggravated sexual contact with a child, indecent liberties with a child, and sexual abuse of a child. He was sentenced to a dishonorable discharge, confinement for 50 years and 1 day, reduction to Airman Basic (E-1), and total forfeiture of pay and allowances. Pursuant to a pretrial agreement, the convening authority may not approve confinementin excess of 40 years. 4. At Eglin AFB, FL, Senior Airman Jerry C. Sapp was found guilty by a military judge sitting alone of attempted sexual assault of a child. He was sentenced to a dishonorable discharge, confinement for 30 months, reduction to Airman Basic (E-1), total forfeiture of pay and allowances, and a reprimand. Pursuant to a pretrial agreement, the convening authority may not approve confinement in excess of 18 months. 5. At RAF Mildenhall, United Kingdom, Staff Sergeant Benjamin S. Williams was found guilty by a military judge sitting alone of sexual assault of a child and sexual abuse of a child. He was sentenced to a dishonorable discharge, confinement for 59 months, and reduction to Airman Basic (E-1). 6. At Moody AFB, GA, Technical Sergeant David M. Lamica was found guilty by a military judge sitting alone of larceny of military property valued over $500, conspiracy to commit larceny of property valued over $500, and violating a general regulation by abusing a government purchase card. He was sentenced to a dishonorable discharge, confinement for 30 months. reduction to Airman Basic (E-1), and total forfeiture of pay and allowances. Pursuant to a pretrial agreement, the convening authority may not approve confinement in excess of 20 months. General Court-Martial Acquittals 7. At Goodfellow AFB, TX, an enlisted Airman was acquitted by officer and enlisted members of rape. 8. At Malmstrom AFB, MT, an enlisted Airman was acquitted by officer and enlisted members of sexual assault.

3 9. At Shaw AFB, SC, an enlisted Airman was acquitted by a military judge sitting alone of sexual assault. 10. At Ramstein AB, Germany, an enlisted Airman was acquitted by a military judge sitting alone of sexual assault and abusive sexual contact. 11. At Hurlburt AFB, FL, an enlisted Airman was acquitted by officer and enlisted members of sexual assault and indecent conduct. 12. At Minot AFB, ND, an enlisted Airman was acquitted by officer and enlisted members of sexual assault. 13. At Eglin AFB, FL, an enlisted Airman was acquitted by a military judge sitting alone of attempted sexual abuse of a child. 14. At Hurlburt AFB, FL, an enlisted Airman was acquitted by a military judge sitting alone of sexual assault and abusive sexual contact. 15. At Shaw AFB, SC, an officer was acquitted by a military judge sitting alone of sexual assault. 16. At F.E. Warren AFB, WY, an enlisted Airman was acquitted by a military judge sitting alone of sexual assault. Special Court-Martial Convictions 17. At Davis-Monthan AFB, AZ, Airman First Class Craig A. Marshall was found guilty by a military judge sitting alone of wrongfully altering a military identification card and wrongful use of controlled substances. He was sentenced to confinement for 3 months, reduction to Airman Basic (E-1), forfeiture of $1,066 pay per month for 3 months, and a reprimand. The adjudged 18. At Ellsworth AFB, SD, Airman First Class Jacquob K. Fitzgerald was found guilty by a military judge sitting alone of wrongful use of a controlled substance. He was sentenced to confinement for 25 days, hard labor without confinement for 65 days, restriction to base for 65 days, reduction to Airman Basic (E-1), and forfeiture of $500 pay per month for 3 months. The adjudged 19. At Goodfellow AFB, TX, Airman Terell J. Soudine was found guilty by a military judge sitting alone of wrongful use of a controlled substance, failure to obey a lawful order, and solicitating another to commit perjury. He was sentenced to confinement for 3 months, reduction to Airman Basic (E-1), and forfeiture of $1,066 pay per month for 3 months. The adjudged 20. At Offutt AFB, NE, Senior Airman Joseph M. Perez was found guilty by a military judge sitting alone of attempted larceny of property valued over $500, larceny of property valued under $500, and obstructing justice. He was sentenced to a bad conduct discharge, confinement for 1

4 month, reduction to Airman (E-2), forfeiture of $1,000 pay, and a reprimand. The adjudged 21. At Cannon AFB, NM, Senior Airman Justin M. Nellis was found guilty by officer members of wrongful use of controlled substances. He was sentenced to reduction to Airman (E-2) and forfeiture of $400 pay per month for 12 months. 22. At JB Pearl Harbor-Hickam, HI, Senior Airman Justin N. Alicea was found guilty by officer members of wrongful use of a controlled substance. He was sentenced to a bad conduct discharge, confinement for 3 months, and reduction to Airman Basic (E-1). 23. At Luke AFB, AZ, Senior Airman Michael A. Cleveland was found guilty by a military judge sitting alone of wrongful use of a controlled substance. He was sentenced to confinement for 3 months, reduction to Airman Basic (E-1), forfeiture of $1,000 pay per month for 3 months, and a reprimand. Pursuant to a pretrial agreement, the convening authority may not approve confinement in excess of 2 months. 24. At Beale AFB, CA, Senior Airman Quinton S. Kilburn was found guilty by a military judge sitting alone of wrongful use of a controlled substance. He was sentenced to confinement for 60 days and reduction to Airman Basic (E-1). Pursuant to a pretrial agreement, the convening authority may not approve confinement in excess of 30 days. 25. At McConnell AFB, KS, Senior Airman Ryan A. Foskey was found guilty by a military judge sitting alone of wrongful use of a controlled substance. He was sentenced to confinement for 90 days, reduction to Airman Basic (E-1) and forfeiture of $1,066 pay per month for 3 months. The pretrial agreement did not affect the adjudged sentence. 26. At Wright-Patterson AFB, OH, Senior Airman Timothy R. Kirklin was found guilty by a military judge sitting alone of wrongful use and possession of controlled substances, violating a general regulation by wrongful possessing an intoxicating substance with the intent to alter mood or function, and obstructing justice. He was sentenced to a bad conduct discharge, confinement for 5 months, reduction to Airman Basic (E-1), and a reprimand. The pretrial agreement did not affect the adjudged sentence. 27. At JB Elmendorf-Richardson, AK, Staff Sergeant Javaris E. Ford was found guilty by a military judge sitting alone of wrongful use of a controlled substance. He was sentenced to a bad conduct discharge, confinement for 4 months, reduction to Airman Basic (E-1), forfeiture of $1,066 pay per month for 4 months, and a reprimand. The adjudged sentence did not exceed the negotiated terms of the pretrial agreement. 28. At Nellis AFB, NV, Staff Sergeant Shelby L. Foster was found guilty by officer members of wrongful use of a controlled substance. She was sentenced to hard labor without confinement for 3 months, restriction to base for 2 months, reduction to Airman (E-2), and a reprimand. The adjudged

5 Special Court-Martial Acquittals 29. At McConnell AFB, KS, an enlisted Airman was acquitted by officer and enlisted members of abusive sexual contact.