military court cases

Client retains Gapasin a second time to represent him to keep his security clearance. April 14, 2018, U.S. v. E-7, United States Army, Vicenza, Italy. Lastly, Gapasin presented the Government with its “Alibi” witness, who was expected to testify that Gapasin’s client was not even in Alamogordo, NM at the time of the alleged distribution. High-profile case due to accusations made just days before Sandy Hook massacre in December 2012. Represented service members charged with DUI. Further yet, there are also cases Mr. Gapasin obtained testimonial immunity on behalf of his client in order to protect them from serious convictions for offenses such as negligent homicide, high-level drug distribution, and even aiding and abetting in a high-profile case involving murder and alleged war crimes in Afghanistan. Mr. Gapasin strategically cross-examined the alleged victim to reveal to the Investigating Officer the number of inconsistencies between her testimony and prior text messages, Facebook posts, and emails. Mr. Gapasin’s client was charged with three specifications of sexual assault against three separate purported victims. He also notes contradictions and inconsistencies between both of her statements. Mr. Gapasin further cross-examines the military police from the scene revealing a lack of physical evidence contrary to the bruises they claimed to see on her neck. show : hide);star5[0].setAttribute('class', score >= 4.5 ? Her testimony was evasive and revealed a lack of credibility. We do not guarantee a certain outcome, to do so violates the Rules of Professional Responsibility. The command conveniently decided to demote Staff Sergeant to Senior Airman within 24 hours of the board. January 30, 2015, Camp Casey, South Korea. The child pornography was alleged to have been on an SD card that was inadvertently provided to law enforcement when it was found in his home. NCO denied accusations from the beginning and retained Mr. Gapasin to represent him. June 9, 2016, Fort Campbell, Kentucky U.S. v. O-2. The stricter regulations over who is eligible for the program overstep the bounds of the law, the suit alleges. Government requests that Gapasin stipulate to a number of witnesses in order to lay a proper foundation for entering evidence at trial against the client. Represented service member charged with the aggravated assault of a fellow officer while on holiday leave. U.S. v. E-7. RESULT:  Evidence DID NOT support by a preponderance of the evidence that the Respondent wrongfully used marijuana. U.S. v. E-6. Wisconsin National Guard unit prefers charges against Sergeant First Class based on the allegations of seven female cadets and recruits who allege sexual harassment and other serious misconduct. April 13, 2015, U.S. v. E-5, Fort Benning, Georgia. The Government proposed that this Sergeant First Class take a deal by pleading Guilty to both counts in exchange for a cap on confinement, but for multiple months that simply was not equal to the punishment. But his crime was committed during the five-year time-limit period. Those rulings were affirmed by CAAF. June 26, 2014, Fort Leonard Wood, Missouri. She is accused of malingering and falsifying her condition to obtain medical benefits upon retirement as she had already received orders for a medical separation. Though found guilty of certain military-specific offenses, client avoids life in prison as well as sex offender registration. There are a number of cases that Mr. Gapasin had negotiated for reducing a General Courts-Martial or Special Courts-Martial to nothing more than nonjudicial punishment. Officer denies allegations and retains Mr. Gapasin to represent him. The CW2, seeking no more than filing of the GOMOR in his Local, Unofficial File, retained Mr. Gapasin to represent him. RESULT: NO Federal Conviction, NO Confinement. A number of international media outlets covered this high-profile case in Okinawa, Japan. Staff Sergeant faces life confinement and registration as a sex offender. The command conveniently decided to demote Staff Sergeant to Senior Airman within 24 hours of the board. GCW Law is retained and Mr. Nathan Freeburg conducts an extensive investigation of the file. RESULT: FULLY RETAINED and allowed to retire with all benefits. Based on the testimony, she was never scared of fearful of the client. This fourth charge for rape was not included in the referral of the charges for the prior three allegations. The bill faces another, unrelated veto threat from Trump, who urged lawmakers to include a repeal of Section 230. He hires Mr. Gapasin to represent him. Subsequently, despite prosecutors strong position to prefer charges under Article 120 based on supposed “confession,” prosecutors do not prefer charges. Government agrees to Chapter 10 request two weeks before trial after Gapasin files multiple motions and discovery requests. Videotape footage of the accuser showing her using her cell phone to look up answers to cheat is provided to prosecutors. 1406). U.S. v. E-4. Specialist retains GLG Law to represent them. The case is investigated by C.I.D. NO Federal Conviction. With just 1-2 weeks before trial, Staff Sergeant retains Mr. Gapasin to represent him at court-martial. U.S. v. E-9. The Government prefers charges against him for allegedly committing BAH fraud against the United States by knowingly collecting twice as much as his typical base pay and not contacting the Army to inform them that he was incorrectly getting paid double for over 25 months. RESULT: Case Dismissed. Client with 23 years in the Navy is RETAINED and will receive FULL RETIREMENT BENEFITS. Represented service member charged with the stabbing of an alleged victim during a gang fight in Itaewon, just outside of Yongsan Garrison in Seoul, South Korea. She alleged that she had blacked out approximately four times after their date. Gapasin exposes multiple other fabrications on the part of the wife, to include lies about having gone to college, falsely claiming that Gapasin’s client was the father of her son, and conjuring false allegations of being the victim of domestic violence. You know that its not just your military career at stake, but your life. Mr. Gapasin proactively engages in steps for immediate dismissal of case. Represented service member for his alleged act of assaulting a South Korean taxi cab driver with a knife. Well-respected CS1 aboard the U.S.S. These factors included his time of service of fifteen (15) years, a number of awards and achievements and the extremely low level of THC found in his system of 20 ng/mL, just 5 ng/mL above the DOD cutoff level. The Tennessee National Guard immediately flags the Master Sergeant and begins an investigation into the incident. Sergeant First Class is accused of forging a fictional commander’s name on his leave forms when he attended a HALO course in the States, and with attempting to deceive his command when he allegedly modified his evaluation reports (called NCOERs in the Army). This information would not have been discovered without having had the expert appointed for the Article 32 hearing. June 3, 2013, Fort Carson, Colorado. Military tribunals in the United States are military courts designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. May 2, 2017, U.S. v. E-5, United States Air Force, Nellis AFB, Nevada. Minor forfeiture of pay for unauthorized absence without leave. Clearly, not every case can be reported. show : hide);star3[0].setAttribute('class', score >= 2.5 ? The command orders a separation board. NCO who faces the loss of his retirement retains Mr. Gapasin to represent him. August 18, 2015, U.S. v. E-6, Fort Benning, Georgia. Any Guilty finding would end the Tech Sergeant’s career. First Lieutenant is accused of sexually assaulting a female Private. Gapasin’s client, a 16-year NCO, continues with his career and has the opportunity for retirement. Officer is charged with 29 specifications under the UCMJ. Represented service member for allegedly stealing over $60,000 in items from the PX in South Korea over the course of several months. The judges are military officers and fulfill the role of jurors.Military tribunals are distinct from courts-martial.. A military tribunal is an inquisitorial system based on charges brought by military … After extensive, aggressive litigation, Mr. Freeburg convinces the Government to dismiss the strangulation allegation. December 2, 2015, Camp Casey, Korea. U.S. v. E-3: Soldier accused of assaulting four Korean males and committing false official statement, disrespect of an NCO. Seaman Apprentice is accused of sexual assault by his estranged spouse and ordered into pre-trial confinement. Mr. Gapasin aggressively cross-examines the Government witnesses making these allegations against this NCO known to be a hard-charger and “by the book” leader. Charges preferred against the client involved allegations of maltreatment, sexual harassment, indecent acts by exposing himself multiple times and the use of his rank and position to coerce the Private into performing sex acts with him. Three-Star General presides over hearing and finds insufficient evidence to find Gapasin’s client guilty of wrongfully and knowingly ingesting THC. Freeburg explains this and drafts a compelling rebuttal to the GOMOR, admitting only that the Client had told some inappropriate jokes. Several members of the unit out of Joint Base Lewis-McChord were charged with multiple drug offenses and murder. Following Gapasin’s aggressive cross-examinations and closing argument logically stating the reasons for retention, the Officer Board agrees and retains Gapasin’s client. Gapasin files a lengthy motion to elicit evidence under MRE 412, which is akin to what is commonly known as the “Rape Shield Laws.” Gapasin moves the court to elicit fifteen (15) separate issues under MRE 412 exceptions regarding the alleged victim’s prior sexual behavior. WORSHAM & GAPASIN has the experience and the skills to get you through this difficult time and to afford you that fighting chance in court. Following the Article 32 hearing, and in exchange for an involuntary separation, the Government agreed to dismiss all charges and specifications. Sergeant First Class with 18 years in the United States Army is involved in a serious head-on vehicular accident on the German Autobahn and charged with serious offenses, to include drunken driving resulting in injuries to three German nationals, committing an assault with a means likely to inflict death or grievous bodily harm, as well as false official statement and drunk and disorderly conduct. Cross-examination also revealed that the estranged spouse was involved in an illicit affair at the time. RESULT: NOT GUILTY to Article 120 Sexual Offenses, NO Sex Offender Registration, NO Discharge. February 25, 2016, Fort Bliss, Texas, U.S. v. E-7. Charges are preferred and he retains Mr. Gapasin to represent him. The expert was necessary to aid the defense in determining the amount of force used. Three days before trial, the Government relents and requests a continuance. Subsequent separation board alleging sexual harassment for separate, unrelated accusers was TERMINATED after the Staff Sergeant retained Mr. Gapasin a second time. RESULT:  NO Federal Conviction, NO Confinement, NO Sex Offender Registration. RESULT: Following two Article 32 Preliminary Hearings resulting in Recommendations For Dismissal, the Government DISMISSES the Charge and Specification of Rape. Nathan Freeburg, Attorney at Law, Of Counsel, Zachary Ellis, Attorney at Law, Of Counsel, Administrative Actions / Nonjudicial Punishment. Without this intent, Freeburg can prove the taking of the substance was not wrongful and would therefore lead to an acquittal. NO Sex Offender Registration. Many of the Airmen take guilty pleas at the advice of their ADCs, others proceed to trial and are found guilty. Just two duty days before trial, certain witnesses receive immunity and Gapasin interviews the witnesses revealing clear problems with the credibility of the Government’s “snitches.”  Gapasin continues to press to trial. Mr. Gapasin served as a Managing Partner for “Gapasin, Capovilla & Williams, LLP” from January 2018 thru May 2019). October 13, 2016, U.S. v. E-2, United States Navy, Naval Station Mayport, Florida. Mr. Gapasin also elicited testimony how one of the agents hadengaged in a pattern of “doctoring” CID reports. With the level of disposition reduced to a Special, and with Mr. Gapasin continuing to push to trial, the Government agreed to negotiations favorable to Gapasin’s client. Mr. Gapasin obtains Honorable Discharge on behalf of his client. Mr. Gapasin fought and client received nothing more than a letter of reprimand. Gapasin files a Motion to Compel Production of Expert, and the Military Judge grants the Motion. The case, United States v. Briggs, is the consolidation of three criminal cases involving service members convicted in the past six years but whose cases were overturned by the U.S. Court of Appeals for the Armed Forces, or CAAF, which ruled the statute of limitations in their cases had expired and they couldn't be prosecuted for their alleged crimes. The Marine Corps does not provide adequate medical care and misdiagnoses the LCpl’s injury several times. The unit finally relents and provides the client with the statements and investigative reports. The U.S. Supreme Court will hear oral arguments Tuesday over a military court ruling that reversed several rape convictions of military personnel for crimes that occurred between 1986 and 2006. At the separation board, Gapasin focuses on a lack of knowledge of actions taken by his wife thereby proving he could not have intended fraud, as well as the existence of a forensic handwriting examination of his client’s signature that illustrated inconclusive findings as to whether his client forged documents. Charges are preferred and Gapasin files a Motion to Dismiss all charges and specifications arguing that the charges are unsupported by the evidence. Seeking to dismiss the strangulation allegation violatiWorsham & Gapasinful orders EFMP personnel reflect backbiting and numerous accusations each.: fully retained U.S. v E-5, United States Army, Fort Bliss, Texas Article for. On skin cells period that the GOMOR was to be based on the same prejudicial evidence at trial the... Is far worse than the Marine Corps, Iwakuni, Japan DoD IG appointed investigate... ; star5 [ 1 ].setAttribute ( 'class ', score > = 3 and.... 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