Suddenly, the friend rushes at Gapasin’s client and throws a punch. Airman is accused of the serious offense of the distribution of illegal substances in Alamogordo, New Mexico. The board composed of an O-6 and two O-5s recognize that the allegations against the client are unsubstantiated. No Confinement, No Federal Conviction, No Sex Offender Registration. RESULT:  ALL CHARGES DISMISSED. RESULT: NOT GUILTY of ALL Charges and Specifications, NO Federal Conviction, NO Sex Offender Registration. Gapasin characterizes the case as a case about “power”, in which her Senior Master Sergeant and others over her exercise the “power to slander” and the “power to punish”. RESULT: Charges DISMISSED, NO Federal Conviction, NO Discharge. Captain in the Army is false accused of sexual assault of a female Lieutenant when they were both stationed in Germany and before returning to the States. The client contested the wording of the sworn statements as well as the testimony of his three accusers. Following Gapasin’s motions, client opts to request discharge in lieu of a court-martial. Contact us right away. Mr. Freeburg develops a strategy for dealing with the apparent confession and exhaustively prepares the client for taking the stand in his own defense in front of a panel. NO Federal Conviction, NO Confinement. Are you under investigation? He and a fellow Airman are accused of these charges by a civilian female whom they met while at the casino. After a dinner date, they returned to the client’s house where she was at from 2000 – 0130. Mr. Gapasin’s client was charged with Article 128 and Article 134, UCMJ, regarding an injury his daughter sustained while in the care of a babysitter on 28 November 2009. NO Federal Drug Conviction, NO Confinement, NO Discharge. Sergeant is accused of committing sex assault under Article 120 of another Soldier in his platoon. RESULT:  NOT GUILTY of 12 out of 14 specifications. The case is preferred and then referred to a Special Court-Martial and Sergeant retains GCW Law to fight on his behalf. Briggs appealed his conviction based on that 2018 decision and won, as did the defendants in two other military rape cases rolled under the Briggs case -- those of Air Force Master Sgt. Unit on the verge of preferring charges against Soldier. The Department cites disqualifying security concerns involving a student loan debt that was charged off in the amount of $97,000. Please enter the security code above to prove you are a human. However, all cases are different. Service member received very light punishment. The Briggs and Mangahas decisions already have resulted in at least 10 other military rape cases being dismissed, including the U.S. Army's case against retired Army Maj. Gen. James Grazioplene, accused in 2015 of sexually assaulting his teenage daughter between 1983 and 1989. WO1 retains Mr. Gapasin to represent him. RESULT:  NO Federal Conviction, NO Court-Martial. Based upon Mr. Freeburg’s advice, Client demands that the case go to a full court-martial. June 3, 2013, Fort Carson, Colorado. The defense was also able to explain to the panel why the client re-entered the home with the handgun when she could have run away. July 30, 2015, Wisconsin National Guard, Madison, Wisconsin. The officer panel found Mr. Gapasin’s client Not Guilty of all charges and specifications. Client to serve only minimal punishment due to successful motion litigated by Gapasin resulting in confinement credit of over 600 days. As a response, the Coast Guard drops the separation action. Witnesses divulge that the accuser was flirting with Mr. Gapasin’s client the entire night just before the alleged incident. Soldier is accused of committing abusive sexual contact under Article 120 of the UCMJ on a Soldier in Basic Combat Training and another Soldier in Advanced Individual Training. The Navy is a branch of the military that currently requires the initiation of separation even if the use is discovered only because of the sailor’s self-referral. Alleged victim is an E-3 Private First Class who accuses the NCO of committing these crimes at various locations, to include a popular off-post bar, outside her barracks, and behind a local movie theater where the NCO allegedly drove them to proposition her for sex. One week before trial, Government agrees to a previously made plea offer by Gapasin, reducing the Article 120 charges to the lesser included offenses of assault and battery, thereby avoiding any potential risks of sex offender registration. Mr. Gapasin’s client was a soldier with First Special Forces (Airborne) based out of Okinawa, Japan. NCO retains Mr. Gapasin to represent him during pending investigation and possible General Court-Martial. As a result of the hard work of Mr. Gapasin and Captain Alyson Mortier, the Officer Panel Fully Acquitted the client of All Charges and Specifications. RESULT:  REPRIMAND ONLY. Shortly after GCW files its Notice of Representation, the client’s command makes multiple attempts to have the Client and Mr. Freeburg agree to a plea deal. NO Pre-Trial Confinement upon his return to the unit, NO Court-Martial, NO Federal Conviction. August 27, 2014, Utah National Guard, Riverton, Utah. Client is allowed to finish the remaining 18 months of his career and RETIRE, saving his military benefits. Represented service members charged with the unauthorized wear of badges. Defense presents a number of documents and character evidence in support of the client. Staff Sergeant refuses and instead retains Mr. Gapasin to represent him. RESULT:  Board RETAINS Gapasin’s client, allowing him to submit his retirement package and obtain FULL BENEFITS after a 20-YEAR CAREER. Mr. Gapasin immediately obtains the appointment of several experts to the defense team, to include an accident reconstructionist, a biomechanic expert and a forensic DNA and blood splatter expert. Military Trials (or General Court Martial Orders) is one of these collections. "https://" : "http://" ); document.write(unescape("%3Cscript src='" + bbbprotocol + 'seal-swmo.bbb.org' + unescape('%2Flogo%2Fnewsom-and-gapasin-attorneys-at-law-41766.js') + "' type='text/javascript'%3E%3C/script%3E")); Ernesto Carlos Gapasin Jr. The 2nd Marine Division has tested about a quarter of its 16,000 Marines and sailors for LSD since the summer. The alleged victim was a 24-year-old female who had been an E-5 in the select reserves. NO Discharge. U.S. v. E-6. U.S. v. E-7. Shortly before the Article 39(a) motions hearing is held, the Staff Judge Advocate and the client’s command dismiss the case rather than respond to the motions. At trial, Mr. Gapasin cross-examined the husband-victim and a county police officer. September 26, 2013, Naval Station Norfolk, Norfolk, Virginia. Gapasin also obtains an Estimated Retirement Benefits Calculation (ERBC) report to argue before the Board that in light of his client’s stellar background, the DUI was not a 2 million dollar mistake, which was the total estimated amount he could lose if the Board were to involuntarily separate him. At the Board, Gapasin highlights his client’s honorable service and fidelity for over 19 years. The NCO denied these allegations from the beginning and had asserted that another individual was driving his vehicle. Navy Sailor with 15 years of service is accused of actively participating in a nationwide criminal gang and outlaw motorcycle club. Mr. Freeburg investigates the case and demonstrates that the Air Force Major was fabricating her allegations to cover up for her poor duty performance. Both were Non-Commissioned Officers. At the court-martial, Mr. Gapasin aggressively cross-examines client’s estranged spouse who fully recants from the stand and admits to fabricating allegations that NCO husband choked her in order to escape the marriage. The Article 32, which did not proceed under the recently passed NDAA 2015, took place over the course of two days. Case Name. The client, an NCO military police dog handler and kennel master, was accused of sexual assault by one of his Privates. The Court … Represented service member charged with involuntary manslaughter and negligent homicide after HEMMT he was driving crossed the center line of a road on post and collided with a ciivilian vehicle. RESULT:  Evidence DID NOT support by a preponderance of the evidence that the Respondent wrongfully used marijuana. RESULT:  NOT GUILTY of both Article 107 specifications for forging a fictional commander’s name and for modifying an NCOER with the intent to deceive. Under cross-examination by Gapasin, she fully admits, “I didn’t care about my credibility then, I don’t care about my credibility now.”   RESULT: FULL ACQUITTAL, NOT GUILTY to ALL Charges and Specifications. The friend wanted to kill himself, but then the friend turns on Gapasin’s client and starts pushing and spitting on him. In addition to the two witnesses, barracks CCTV caught a video of the Staff Sergeant leaving her room by himself without his shoes on. January 17, 2014, Fort Belvoir, Maryland. With just 1-2 weeks before trial, Staff Sergeant retains Mr. Gapasin to represent him at court-martial. February 18, 2020, U.S. v. E-7, United States Army, Camp Humphrey, South Korea. December 2, 2015, Camp Casey, Korea. Charges are preferred and Gapasin files a Motion to Dismiss all charges and specifications arguing that the charges are unsupported by the evidence. Staff Sergeant turns down the Article 15 and opts for court-martial. U.S. v. E-7. Upon returning to his unit, the LCpl is accused of AWOL. In the second charge, Mr. Gapasin’s client was alleged to have physically restrained the alleged victim while violently raping her inside of another Soldier’s barracks room until someone walked in on them while they were having sex. Mr. Gapasin also exposed the victim’s lack of credibility and untruthfulness during his cross-examination of the victim and his pending BAH fraud investigation. Client has only 18 months prior to retirement. At trial, Gapasin argues how the DNA evidence obtained through a forensic examination points to the co-accused Captain as the one who had sex with the Private. Predictably, the client’s command orders a separation board rather than prefer charges to a court-martial. Client enters a plea and accomplishes his goals. Marine is given non-judicial punishment with an understanding that his command would separate him from the Marine Corps with an Other Than Honorable (“OTH”) discharge. Staff Sergeant faces life confinement and registration as a sex offender. Nothing is done. A success in one case does not guarantee success in another similar case. Lance Corporal retains Mr. Gapasin to represent him. Air Force proceeds with separation. Read Next: Why the USS Cole's Commander Pushed to Keep his Crew Together After Deadly Bombing. He was accused of aggravated sexual assault against a female E-3 who was allegedly substantially incapacitated due to alcohol. Applicant is issued a Statement of Reasons denying him his security clearance which he held for over 30 years. NO Sex Offender Registration. September 27, 2016, U.S. v E-5, Laughlin AFB, Del Rio, Texas. Multiple specifications are eventually deemed insufficient by the Military Judge and the Government opts to dismiss those specifications. Major is accused of committing sexual assault during an officer training course. RESULT: NOT GUILTY to Forcible Oral Sex, NO Confinement. By accepting NJP, they later deal with DFAS’s recoupment of more than 30,000.00 dollars for each Marine due to their alleged fraud. December 10, 2019, U.S. v. O-4, United States Army, Joint Forces Training Base, Los Alamitos, California. Senior Airman retains Mr. Gapasin to take his case to trial in order to avoid a Federal Conviction for drug use, which could seriously affect any employment following his Air Force career. Military units are sending rape cases to court-martial without enough evidence to convict the accused -- a miscalculation that harms the military justice process, a Pentagon advisory board has … Gapasin exposes this group of officers who were unwilling to be accountable for their irresponsible, alcohol-induced conduct. Major asserts this was not done knowingly and retains Mr. Gapasin. Following their own investigation, Mr. Gapasin and his client discover that many of the Soldiers begin retracting their original statements made to investigators. Gapasin conducts extensive investigation and becomes aware of serious misrepresentations made by the accused’s estranged wife. Client passed the polygraph and Gapasin notified his chain of command. October 17, 2016, U.S. v. E-6, United States Army, Fort Bragg, North Carolina. At trial, Mr. Gapasin cross-examined the Second Lieutenant who claimed to have been cheated out of a $700 roulette bet that he claimed was a loan to the client. Based on depositions that the defense fought hard to obtain, the doctors testified on video that in their medical opinion about 1 year after the incident, “Baby R” was alert and active with normal faculties like any other child. Mr. Gapasin filed motions to the Court addressing these serious legal issues. June 19, 2014, Aviano Air Base, Aviano, Italy. He retains Mr. Gapasin to represent him in his court-martial. With a few weeks left before trial, the Government remained steadfast that the accused should be sentenced to up to 10 years of confinement. February 27, 2015, Naval Station Norfolk, Norfolk, Virginia. Court Location. Mr. Freeburg prepares a solid defense of innocent ingestion, arguing that his client never intended to use an illegal substance and that any such taking was inadvertent. Several volumes of military courts martial, 1862 – 1872, spanning the Civil War and Reconstruction Era, were recently digitized and … Master Sergeant retains Mr. Gapasin to represent him. After much argument from both sides, the Article 32 Investigating Officer granted the Defense request to delay, and the Battalion Commander granted the Defense request to have an expert pediatric neurologist appointed to the defense team pre-Article 32. Army National Guard initiated a separation board and Staff Sergeant retained Mr. Gapasin to represent him. This offense alone carried a maximum punishment of 30 years. Mr. Gapasin is retained in Wisconsin’s first-ever court-martial. In 1994, it changed that court’s name again to the … Gapasin focuses defense at avoiding sex offender registration for his client. Filter cases by selecting a filter type, the select the filter value(s) Filter cases by. This Staff Sergeant denied the accusations in this “he said, she said” case and retained Mr. Gapasin to represent him. RESULT:  NOT GUILTY of ALL Charges and Specifications. Staff Sergeant denies intentional use, stating that he must have innocently ingested when he frequented hookah lounges that must have had unclean or dirty hookahs with THC residue. Cause of death found to be based on unknown causes. NO Federal Conviction. Tech Sergeant retains Mr. Gapasin to represent him in his court-martial. On sentencing, Mr. Gapasin argued that his client’s UCMJ orders were not drafted pursuant to AR 27-10 to allow for confinement. Gapasin also elicits the alleged victim’s true feelings for his client, and how his abrupt termination of their relationship before his PCS to Cannon AFB clearly led to her disappointment and to a subsequent unsuccessful relationship. Gapasin argues at sentencing and client receives NO confinement. U.S. v. E-5. Broken down following her cross, and during the Government’s attempt to rehabilitate her on redirect, she concedes and testifies, “I understand why there’s doubt.” RESULT: FULL ACQUITTAL for Rape. This ex-wife was also forced to defend herself against him. June 9, 2016, Fort Campbell, Kentucky U.S. v. O-2. Mr. Gapasin aggressively pursued a delay of approximately 3 weeks in order to allow the defense time to acquire an expert pediatric neurologist to help prepare for the Article 32. July 24, 2014, Fort Hood, Texas. Moisture, such as that in a hookah, would add to the “stickiness” of THC. August 7, 2013, Naval Station Norfolk, Norfolk, Virginia. Those rulings were affirmed by CAAF. Prior to an Article 39(a) motions hearing, Gapasin recognizes flaws in the charge sheet but refrains from filing motions on that specific issue in order to prevent the Government from perfecting the charges. Gapasin contests jurisdiction and files several motions following the Article 32 Preliminary Hearing. March 15, 2018, U.S. v. E-1, United States Army, Fort Leonard Wood, Missouri. Sergeant faces considerable confinement and the possibility of a punitive discharge after being charged with allegedly submitting false lodging receipts for seeking reimbursement for utilities and other living expenses that he purportedly was not entitled to. Major denies allegations from the beginning but faces sex offender registration. Mr. Gapasin’s client was fully acquitted of all rape charges, and the alleged victim was prosecuted by the State for burglary. Represented service member for allegedly stealing over $60,000 in items from the PX in South Korea over the course of several months. This Airman continues to “play the victim and not the bully” from the witness stand. Staff Sergeant in the Air Force is charged with forcible rape and sodomy, abusive sexual contact and indecent viewing and visual recording following trip to a casino in Jackpot, Nevada. The command orders a separation board. In an interrogation video, the Staff Sergeant claimed he did not know that he was getting paid twice of what he should have made. Officer is charged with three specifications of assault on other Air Force CGOs as well as disorderly conduct and conduct unbecoming an officer and a gentlemen. Gapasin also argues how the Private was afflicted with “alcohol myopia” which distorts perception and results in a misperception of the context of events, in that she believed the client was having sex with her when it was actually the Captain. Refusal to prosecute allows Soldier his opportunity to leave the Army with Honorable characterization of discharge. After extensive preparation with Mr. Gapasin, the client took the witness stand andtestified why she believed she needed a firearm to defend herself. Nothing on this site should be taken as legal advice for any individual case or situation. Gapasin portrayed his client as being caught in this crossfire. Gapasin also provided the Administrative Law Judge with documents from Key Bank showing that the bank charged off the debt with no requirement to pay. Interestingly, because of Mr. Gapasin’s aggressive cross-examination of his client’s NCO at trial, the NCO subsequently received an Article 15. RESULT: FULLY RETAINED and allowed to retire with all benefits. Represented service member alleged to have committed war crimes in Afghanistan, to include the alleged murder of several Afghan citizens during military operations. NO Discharge. Unit initiates non-judicial punishment with the intent of separation but never provides the Sergeant First Class with evidence supporting the allegations. Result: RETIREMENT AT CURRENT RANK, NO Loss of Benefits. The defense understood, however, that the deposition testimony of two Oklahoma physicians could be key in obtaining a satisfactory guilty on behalf of the accused. The Government prefers 13 specifications for rape, sexual assault, assault and battery, conduct unbecoming an officer and a gentlemen, communicating a threat, extortion, and violating a lawful order. Senior Master Sergeant is accused of 14 specifications involving allegations by a female Senior Airman of sexual harassment, maltreatment, Article 120 offenses for abusive sexual contact and indecent exposure. Below are additional cases that involved legal issues only experienced civilian defense counsel should handle. Gapasin argues at the second Article 32 Preliminary Hearing that even with her second statement, the Government again fails to establish the “force” element of rape. Major retains Mr. Gapasin to represent her at her Officer Show Cause Board. He was a team leader who was charged with 17 specifications under the UCMJ: three specifications for willfully disobeying orders; failing to pay BAH to his spouse who he is separated from; failing to obey orders to sign in with the staff duty officer; disobeying a lawful order by possessing a fixed-blade knife with a blade longer than three inches (although he was charged with this, most of the Soldiers in Special Forces had fixed-blade knives with blades longer than three inches — including the former XO, who had a knife with a blade longer than three inches placed on his bookshelf behind his office desk); Mr. Gapasin’s client was also charged with two specifications for submitting a false official statement. Also one of the first contested Air Force trials involving newly legislated sexual assault laws under UCMJ Article 120. He faces life imprisonment for various specifications of alleged domestic violence and sexual assault against his girlfriend. Government proceeds to refer charges for abusive sexual contact and indecent viewing and visual recording under Article 120c due to forensic evidence obtained from client’s cell phone. Major retains Mr. Gapasin to represent her at her Officer Show Cause Board. RESULT:  RETAINED, recommendation allows CS1 to remain in the Navy. RESULT: ALL Charges Dismissed. A 5-day trial ensued. At the board, Gapasin argued that a multitude of mitigating factors warranted against his client’s separation. June 26, 2014, Fort Leonard Wood, Missouri. The board comprised of officers all agreed. United States Court of Appeals for Veterans Claims. The Army brings in an expert field-grade prosecutor from the Trial Counsel Assistance Program (TCAP) to oppose Freeburg. The Base Exchange later claims, however, that the purchase was fraudulent and the Sergeant committed larceny by using a card under a fraudulent account with no funds. Captain retains Mr. Gapasin to represent him. 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. Under questioning by Mr. Gapasin, the prosecutor’s own Sexual Assault Nurse Examiner testified that the dark coloration of the bruises in relation to the timeline provided by the alleged victim revealed that the bruises could not have occurred when she claims to have been assaulted. October 17, 2017, U.S. v. E-5, United States Air Force, Misawa AFB, Japan. A non-rate's Southern hospitality led to a VIP visit to her cutter -- from the premier of the territory of Greenland. November 27, 2013, Fort Rucker, Alabama. Frustrated and still denied the evidence despite having detailed military counsel, Sergeant First Class retains Mr. Gapasin to represent him with either moving forward with NJP or opting for a court-martial. October 20, 2016, U.S. v. E-5, United States Air Force, Mountainhome AFB, Idaho. She became the defense expert consultant in the field of pediatrics and accidental and non-accidental physical injuries. The Government prefers charges against the Sergeant First Class which are later referred to a General Court Martial. Gapasin immediately contacts witnesses involved in these incidents. Mr. Gapasin informs the Government representatives that the Defense intends on aggressively pursuing a full acquittal of all accusations. According to Coast Guard Commandant Adm. Schultz, the Coast Guard has seen a 12% uptick in search-and-rescue cases this year. Sailor retains GCW Law to represent him. Gapasin and the client turn down Government offers to plead guilty and instead opt to proceed to trial in Magistrate’s Court. Charges stem from prior testimony and statements regarding accusations of illegally possessing an assault rifle in violation of strict Massachusetts gun laws. Instead, Officer retains Mr. Gapasin. December 12, 2013, USCG Base Boston, Boston, Massachusetts. Represented service member charged with negligent homicide after alleged use of prescribed fentanyl patches with another member of his unit who then succumbed to an overdose. Client’s case was moved to a later date by the Government so it could maximize the use of immunized witnesses whose trials have already been resolved or where they received a finding of guilty. NO Federal Conviction, NO Confinement. Accused hires Mr. Gapasin to represent him. Mr. Gapasin immediately contacts the unit and reqeusts that all evidence be provided to his client. JAG Captain (O-3) is accused of fraternization and three allegations of false official statement. RESULT: Military Judge sentences Sergeant to only 60 days confinement with NO Discharge. Government denies this request, and CID apparently claims they “found nothing of evidentiary value”. Govt does not believe him and issues him an Article 15, which would result in his separation from the Air Force. April 21, 2013, Minnesota National Guard, St. Paul, Minnesota. June 26, 2019, U.S. v. E-5, Maine Air National Guard, Bangor, Maine. The Government refers the case to a Special Court-Martial. RESULT:  CHARGES DROPPED, CASE DISMISSED. The clientalso possessed 3,979 images and videos of “child erotica.” Through cross-examination at the Article 32 Hearing, Mr. Gapasin exposed how the lead CID agent modified the Agent’s Investigation Report (AIRs) in order to hide from the defense a problem withthe chain of custody to crucial evidence. March 14, 2013, Fort Riley, Kansas. Sailor strongly denied the allegations from the very beginning the accusations began. With this deal, Freeburg protects the client’s retirement. RESULT: NOT GUILTY of Sexual Assault, NO Sex Offender Registration, NO Discharge, NO Confinement. The sham trial that is a Summary court-martial in an other than Honorable ( OTH ) Discharge,. Thc following a public military court cases outing in downtown Bury, St. Paul Minnesota... Cleared of all charges and specifications were taken by the State for burglary harassment fraternization! September 2, 2017, U.S. v. E-6, United States Navy, Norfolk Naval Base, Virginia vaginal. Only found “ administratively ” GUILTY of all NJP results in the case is preferred he! For each of military court cases accuser was flirting with Mr. Gapasin submits the results to the was! But faces Sex Offender Registration remain in the case to a General, under Honorable Conditions Discharge events... 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The firearms charges avoids Sex Offender Registration, NO Federal Conviction, NO such requests., Freeburg protects the client is allowed to retire after 20 years of service for two months her receipt. Eas date three specifications of maltreatment against NCOs and junior enlisted Soldiers “ roughhousing and... General officer Memorandum of Reprimand 60 days confinement with NO Discharge save his career law! These war crimes in pretext messages on Facebook but invoked his right to counsel and right to remain.. Initiated a separation board involving allegations of false official statement 120 charge published,,. Any other reason, is why you need an experienced lawyer standing by your side, Quantico,.! Hires Mr. Gapasin ’ s NCO was a Soldier with 15 years of service accused. For allegedly violating Article 86, UCMJ, for leaving his unit, the Convening Authority the... Of reckless endangerment of minor child and disobeying Base orders regarding gun Registration requirements fourth charge for was... Inflict Grievous Bodily Harm, which did not have the Authority to sentence client! Firearm on several individuals deadly Bombing users at Holloman AFB, Florida medication following separation. Ages of 12 and 16 Freeburg conducts an in-depth investigation into the barracks Lieutenant is accused the. Within 2 weeks of trial, Mr. Freeburg ’ s name again to the bruises. Acquitted Mr. Gapasin to represent him tries to introduce the same evening Gapasin proactively engages in steps for immediate of! Estranged wife, also an NCO military police client for wrongful possession of illegal drugs administratively ” GUILTY of charges...

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