Category: crime & punishment

This appeal court case depending on how it goes may end up helping this Special Forces Colonel who is being charged for getting a female partner infected with HIV:

A Kansas airman accused of aggravated assault for exposing multiple sex partners to HIV at swinger parties in Wichita will have his appeal heard this week before the nation’s highest military court.

The Court of Appeals for the Armed Forces will on Tuesday take up the case against David Gutierrez, an appeal the defense contends could upend similar prosecutions in the U.S. military.

“This case will have the potential of decriminalizing sexual contact with someone with HIV,” defense attorney Kevin McDermott said.

Air Force prosecutors have declined comment.

Gutierrez was a sergeant at McConnell Air Force Base in Wichita in 2011 when he was stripped of his rank and sentenced to eight years behind bars.

In addition to aggravated assault, Gutierrez also was found guilty of violating an order to notify partners about his HIV status and to use condoms. He was also convicted of indecent acts and adultery. He has not been accused of actually infecting anyone with HIV.

In his appeal, Gutierrez has challenged whether the risk to his sexual partners was high enough to constitute aggravated assault, arguing that laws covering exposure to the disease are outdated since the statistical probability of heterosexual transmission is low and medical advances have made the disease treatable.  [Stars & Stripes]

You can read more at the link, but I do not see how giving someone HIV should not be considered a crime of some kind regardless of how treatable it is now a days.  It is something that at least permanently negatively alters the life of anyone who catches it and can lead to deadly consequences.  Also of interest with this story is that Gutierrez is also claiming he is not guilty of adultery since his wife participated in the swinger parties.  It will be interesting to see how this case turns out and its ramifications on the UCMJ.

Here are the November 2014 court martial results that were posted on the USFK website.

Results of Courts-Martial for November 2014

On 7 November 2014, at a General Court-Martial, SSG Randal C. Rucker, 65^th Medical Brigade, was convicted of one specification of maltreatment of a subordinate (UCMJ, Article 93), four specifications of abusive sexual contact (Article 120), and one specification of assault consummated by a battery (Article 128).  He was sentenced to be reduced to E-1, to be confined for 12 months, and to be discharged with a Dishonorable Discharge.

On 11 November 2014, at a Special Court-Martial PFC Brandon L. Hall, Headquarters and Headquarters Battalion, 2d Infantry Division, was found guilty of one specification of aggravated assault with a dangerous weapon (UCMJ Article 128) and one specification of assault consummated by battery (Article 128).  He was sentenced to reduction to E-1, six months confinement, and to be discharged with a Bad Conduct Discharge.

On 13 November 2014, at a General Court-Martial, SFC Gregory McClain, 210th Field Artillery Brigade was found guilty of one specification of failure to obey a general regulation (UCMJ, Article 92).  He was sentenced to reduction to the grade of Sergeant (E-5) and three months confinement.

On 19 November 2014, at a General Court-Martial, SGT Duane R. James, 65th Medical Brigade, was convicted of one specification of adultery (UCMJ, Article 134).  He was sentenced to a Bad-Conduct Discharge.

On 20 November 2014, at a General Court-Martial, CPT John G. Birdsong, 65th Medical Brigade, was found guilty of one specification of sexual assault (UCMJ, Article 120) and one specification of failing to obey a lawful general regulation (UCMJ, Article 92).  He was sentenced to confinement for 24 months and to be dismissed from the service.

On 24 November 2014, at a Summary Court-Martial, SFC Christopher L. Martinez, 1st Armored Brigade Combat Team, was found guilty of one specification of abusive sexual contact (UCMJ, Article 120) and one specification of failure to obey a lawful general order (Article 92).  He was sentenced to reduction to E-6 and forfeiture of two-thirds pay for one month.

Results of ROK Criminal Prosecutions for November 2014

In Seoul Central District Court on 7 November 2014, Airman Willie S. Ford, Jr., 51st CPTS, Osan Air Base, was convicted of Obstruction of Performance of Official Duties and Infliction of Bodily Injury.  His adjudged sentence was imprisonment for 6 months, suspended for 2 years.

In Suwon District Court on 20 November 2014, MSgt Reginald G. Burks, 51st AMXS, Osan Air Base, was convicted of DUI.  His adjudged sentence was a 1,000,000 Won fine.

In Suwon District Court on 20 November 2014, MSgt David R. Sands, 607th SPTS/CSS, Osan Air Base, was convicted of DUI.  His adjudged sentence was a 1,500,000 Won fine.

In Suwon District Court on 20 November 2014, SSgt David J. Torrey, 303d IS/DOA, Osan Air Base, was convicted of DUI.  His adjudged sentence was a 2,000,000 Won fine.

In Seoul Central District Court on 21 November 2014, SSG Alan D. McNicholas, HHC, 2/9th Infantry, USAG Casey, was convicted of Assault.  His adjudged sentence was a 1,000,000 Won fine.

In Seoul Central District Court on 21 November 2014, SGT Crisoforo T. Trujillo, HHC,  2-2 Assault, USAG Yongsan, was convicted of Larceny and DUI.  His adjudged sentence was imprisonment for 6 months, suspended for 2 years.

In Suwon District Court on 26 November 2014, PFC Nico A. Pierce, 4-58th AOB, USAG Humphreys, was convicted of DUI.  His adjudged sentence was a 1,500,000 Won fine.

In Suwon District Court on 26 November 2014, SFC Nathaniel J. Goza, A Co, 719th MI BN, USAG Humphreys, was convicted of DUI.  His adjudged sentence was a 4,000,000 Won fine.

In Seoul Central District Court on 4 February 2014, SGT Walter L. Thomas, B Btry, 1/15th FA, USAG Casey, was convicted of Infliction of Bodily Injury, Assault and Destruction of Property.  His adjudged sentence was a 2,000,000 Won fine.  The Soldier demanded a formal trial but withdrew the request on 24 November 2014.

Here are the court martial results for October 2014 that were posted on the USFK website.

Results of Army Courts-Martial in Eighth US Army for October 2014

On 24 September 2014, at a Summary Court-Martial, MSG Phillip T. Whatley, 501^st Military Intelligence Brigade, was convicted of two specifications of violating a lawful general regulation/order (UCMJ Article 92), and one specification of engaging in drunk and disorderly conduct (Article 134).  He was sentenced to sixteen days of restriction and forfeiture of $3,178.47 in pay.

On 1 October 2014, at a Summary Court-Martial, Private (E-1) Jaleel Mcleod, 498th Combat Sustainment Battalion, 501st Sustainment Brigade, was convicted of one specification of Insubordinate Conduct toward an NCO (UCMJ Article 91), and one specification of Willful Damage of Military Property (Article 108).  He was sentenced to forfeiture of $500.00 pay for one month and to be confined for thirty days.

On 1 October 2014, at a Summary Court-Martial, Private First Class Kenneth S. Smith, 498th Combat Sustainment Battalion, 501st Sustainment Brigade, was convicted of one specification of Failure to go to Appointed Place of Duty, (UCMJ Article 86); one specification of Disrespect towards a Superior Commissioned Officer, (Article 89); two specifications of Insubordinate Conduct toward an NCO; and one specification of Failure to Obey a Lawful Order (Article 92).  He was sentenced to reduction to Private (E-1); Forfeiture of $1,021.00 for one month; and to be confined for thirty days.

On 6 October2014, at a General Courts-Martial, PV2 Luis A. Ruizperez, HSC, HHB, Eighth Army, was found guilty on one specification of Sexual Assault (UCMJ Article 120) and one specification of Adultery (Article 134).  He was sentenced to be reduced to E-1, to be confined for 3 years, and to receive a Bad Conduct Discharge.

On 6 October 2014, at a Summary Court-Martial, Sergeant (E-5) Olarewaju O. Taiwo, 194th Combat Sustainment Support Battalion, 501st Sustainment Brigade, was convicted of two specifications of Failure to Obey a Lawful Order, (UCMJ Article 92); two specifications of False Official Statement (Article 107); four specifications of Abusive Sexual Contact (Article 120); and one specification of Adultery (Article 134).  He was sentenced to reduction to Specialist, to forfeiture of $1,923.00 pay for one month; and to restriction to the limits of Camp Stanley for one month.

On 20 October 2014, at a General Court-Martial, PFC David M. Tompkins, Headquarters and Headquarters Battalion, 2d Infantry Division, was found guilty of four specifications of aggravated assault (UCMJ Article 128), four specifications of assault consummated by battery (Article 128), and willfully disobeying a superior commissioned officer (Article 90).  He was sentenced to reduction to E-1, a Bad Conduct Discharge, and to be confined for 22 months.

On 23 October 2014, at a General Court-Martial, SGT Alan A. Galeana, 121 Combat Support Hospital, 65^th Medical Brigade, was found guilty on one specification of Violation of a Lawful Order (Fraternization, UCMJ Article 92) and two specifications of Assault Consummated by a Battery (Article 128).  He was sentenced to reduction to E-1, to be confined for 3 months, and to receive a Bad Conduct Discharge.

On 29 October, at a General Court-Martial, SPC Travis W. Cloke, 3-2 General Support Aviation Battalion, 2d Combat Aviation Brigade, 2d Infantry Division was found guilty of two specifications of Attempted Sexual Abuse of a Child, (UCMJ Article 80) Distributing Child Pornography (Article 134), and Possessing Child Pornography (Article 134).  He was sentenced to reduction to E-1, a Dishonorable Discharge, and to be confined for three years.

Results of ROK Criminal Prosecutions for October 2014

In Seoul Central District Court on 14 October 2014, MSG Mary A. Mitchell, HHC, 501st MI Brigade, USAG Yongsan, was convicted of DUI.  Her adjudged sentence was a 3,000,000 Won fine.

In Seoul Central District Court on 14 October 2014, SPC Anjaya J. Peters, F TAB, 3/33d TAB, 1/38th FA, USAG Casey, was convicted of traffic law violations.  His adjudged sentence was a 2,000,000 Won fine.

In Uijeongbu District Court on 16 October 2014, SSG James W. Wright, Jr., E Btry, 6/52d ADA, USAG Casey, was convicted of Indecent Assault.  His adjudged sentence was a 2,000,000 Won fine.

In Uijeongbu District Court on 16 October 2014, PFC Jesse J. Espinoza, B Btry, 1/15th FA, USAG Casey, was convicted of Assault upon a Driver in Motion.  His adjudged sentence was a 1,500,000 Won fine.

In Uijeongbu District Court on 22 October 2014, SFC Zachary L. Chappell, A Co, HHBN, 2d Infantry Division, was convicted of Infliction of Bodily Injury.  His adjudged sentence was a 3,000,000 Won fine.

In Daegu District Court on 22 October 2014, SSG William C. Bradburry, a member of 19th SFG, Fort Carson (in Korea for UFG), was convicted of Infliction of Bodily Injury.  His adjudged sentence was a 5,000,000 Won fine.

In Seoul Central District Court on 29 October 2014, CW3 Juan B. Sablan, D Co, 2-2 Assault, 2d Infantry Division, was convicted of traffic law violations.  His adjudged sentence was a 200,000 Won fine.

In Uijeongbu District Court on 29 October 2014, MSG Scott R. Fuller, HSC, HHBN, 2d Infantry Division, was convicted of Forgery of Private Document, Uttering the Forged Private Document and Obstruction of Performance of Official Duties by Fraudulent Means.  His adjudged sentence was imprisonment for 8 months, not suspended.

In Uijeongbu District Court on 30 October 2014, PFC Richard R. Davis, HHD, 23d CBRNE Battalion, 2d Infantry Division, was convicted of Assault.  His adjudged sentence was a 1,000,000 Won fine.

In Uijeongbu District Court on 30 October 2014, MAJ John S. Kasper, B Co, HHBN, 2d Infantry Division, was convicted of DUI.  His adjudged sentence was a 1,000,000 Won fine.

This is something both the military and civilian law enforcement need to work together to fix to make it harder for weirdos like this guy to continue to carry out their strange fantasy against other people:

Matthew S. Carr is the type of serial sex offender public registries were designed to track.

While serving in the U.S. Air Force, Carr approached women by posing as a doctor training in gynecology. He persuaded them to submit to pelvic exams as he inserted medical instruments, drew blood samples and even administered an injection near one victim’s genitals.

A military court at Minot Air Force Base in North Dakota convicted the airman in 2003 of indecent assault against seven women and sentenced him to seven years in prison.

Exactly how Carr avoided registering as a sex offender when he got out is unclear, but a critical error occurred. The military records sent to civilian authorities mistakenly described lesser assault charges, according to a federal probation officer.

When the mother of a Reedsburg, Wis., woman typed “Matthew Carr” — the name of her daughter’s new boyfriend — into sex offender registries in the summer of 2010, nothing turned up.

She soon found herself racing the 45 minutes to Reedsburg to confront Carr after another daughter’s research revealed his military crimes. By then, her daughter had already submitted to multiple “exams” by the convicted sex offender.

“My blood turned absolutely cold,” said the mother, whom Scripps is not identifying to protect her daughter’s privacy. “I’ve never felt such danger, such helplessness as a mom before.”

Charges were brought against Carr, and he was convicted and sent to prison.  [Stars & Stripes]

You can read more at the link, but I always wondered if servicemembers convicted of DUI or assault for example in Korea have such crimes show up on criminal background checks back in the US as well.

I get it that this guy is a criminal, but how stupid are these soldiers for giving him the money for safekeeping in the first place?

WACO, Texas — A Texas man who faked being a Fort Hood soldier has been sentenced to two years in federal prison in a bank scam targeting new Army enlistees.
Daniel Lee Rosales of Killeen was sentenced Wednesday in Waco. The 21-year-old Rosales in September pleaded guilty to making a false statement on a loan or credit application.

Investigators say Rosales in 2013 posed as a sergeant to befriend new enlistees and encourage them to apply for signature loans at banks to build up their credit. Rosales instructed the enlistees to provide false residential and marital information to obtain bigger loans.

Prosecutors say the real soldiers, after getting the funds, turned over most of the money to Rosales for what he called “safekeeping.”
Rosales must repay the victims more than $28,000. (Army Times)

It looks like from the corporate side of the Sewol Ferry disaster the authorities are making the company’s president the fall guy:

The head of the operator of the South Korean Sewol ferry that sank in April killing more than 300 people has been sentenced to 10 years in jail.

The Gwangju district convicted Kim Han-sik, president of Chonghaejin Marine, of criminal negligence.
Investigators found the ferry had been overloaded with cargo which contributed to its sinking.
Last week, the court sentenced 15 crew members to between five and 36 years in prison. (BBC)

You can read more at the link.

It will be interesting to see how this turns out:

After almost seven hours of testimony Monday, the Article 32 hearing for a senior Army National Guard officer charged with knowingly exposing a woman to HIV by having unprotected sex will continue into Tuesday.

Col. Jeffrey Pounding, a Special Forces officer who is currently assigned as the deputy director of the National Guard Bureau’s strategic plans and policy directorate (J-5), faces one charge each of assault, adultery and conduct unbecoming an officer.
The woman who is accusing Pounding of exposing her to HIV said their relationship began when they were both at Texas A&M University, where he was an Army fellow. ( Army Times)

You can read more at the link, but if it is proven this Colonel knowingly gave her HIV I would hope that would lead to jail time.

The captain of the Sewol ferry boat will likely die in prison considering his age, but I am surprised how the engineer was convicted of murder and not the captain:

A district court on Tuesday sentenced the captain of the sunken ferry Sewol to 36 years in prison for abandoning passengers at the time of the deadly sinking.

Lee Joon-seok, however, was acquitted of charges that he murdered 304 passengers as he left them behind while he was the first to be rescued when the ill-fated ship was sinking off South Korea’s southern coast on April 16.

The Gwangju District Court in this southern city convicted the 68-year-old skipper of gross negligence and dereliction of duty, including abandoning his ship while the passengers, most of them high school students on a school trip, remained trapped inside the ship.

“Captain Lee ordered the second mate to tell passengers to get off the ship when the patrol ship was about to arrive at the scene,” judge Lim Jung-yeob said in his ruling. “It is hard to conclude that the captain’s act eventually led to the death of the passengers just based on the evidence submitted by the prosecution.”

Prosecutors, who had earlier sought the death penalty against Lee, said they would immediately appeal the verdict.

In the same ruling, the Gwangju District Court sentenced the ship’s chief engineer, only identified by his surname Park, to 30 years in prison, convicting him of murder.

Prison terms ranging from five years to 20 years were delivered to 13 other crew members, including the first engineer surnamed Sohn, who have been charged with abandonment and violation of a ship safety act. (Yonhap)

I do find it interesting how these crew members are deservedly getting smashed with these sentences while the corporate owners and aids of the ferry boat company who in my opinion are the biggest villains get a slap on the wrist.

Police and the FBI are hunting for a bank robber disguised as an airman who can’t pass the tape test.

Kansas City authorities say what appears to be “a heavy-set woman” wearing an Air Force PT jacket and pants combo is the suspect behind a bank robbery and an attempted bank robbery on Monday in Missouri, Fox4KC reports. The suspect was also seen wearing a winter-style Skull cap, dark sunglasses, black gloves and carried a laptop-style black bag.

The suspect reportedly walked up to a teller at a Capitol Federal Savings inside of a Price Chopper supermarket in the Northland area at approximately 11:41 a.m. and presented a note demanding money, Fox4KC said. The suspect escaped with an unknown amount of cash into what police believe is a blue, four-door Nissan Altima.

About 30 minutes later, a person matching suspect’s description targeted a Community America Bank inside another supermarket, Hy-Vee, approximately five miles away. The suspect walked up to the teller station, presented a note, but fled without any cash.

No one was injured in both instances. Authorities believe the suspect is acting alone.

It is unclear if the suspect’s uniform makes a “swish-swish” sound. [Flight Lines]

The light punishment for corporate criminals in Korea continues:

Yoo Dae-gyun, the eldest son of the late Yoo Byung-eun, the de facto owner of Chonghaejin Marine that operated the sunken ferry Sewol, was sentenced to three years in prison Wednesday in district court.

The Incheon District Court found him guilty of embezzlement and breach of trust.

The sentence was lighter than the four years imprisonment the prosecution had earlier demanded.

According to the court, the Yoo took 7.3 billion won in fees from seven companies owned by his family, including Chonghaejin, for using a trademark held by him from May 2002 to last December.

He obtained trademark rights for the name of Sewol’s sister ferry, Ohamana, and Chonghaejin paid him 3.5 billion won for the use of the name.

“We recognize Yoo embezzled the money under the name of trademark use and advisory service fees by taking advantage of the fact that he was the son of the senior Yoo who established those companies,” the court said.  [Korea Times]

Look at the sentences the other Yoo family members and aids received:

In the meantime, the late senior Yoo’s brothers, Byung-il and Byung-ho, were given a suspended jail term and two years in prison, respectively, for embezzlement and breach of trust at the companies for which they worked, which were also set up by the Yoo family.

Four other aides to the late senior Yoo, who were heads or high-ranking officials of the companies set up by the family, were sentenced to two to four years for embezzlement or breach of trust as well. Six other aides received suspended jail terms for the same charges.

How come I have a feeling that backroom deals were worked out for these sentences to keep people quiet about their collusion with government officials?