Case Result

17 May 2019, U.S. v. E-5, United States Air Force, Nellis AFB, Las Vegas, NV (sex assault and abusive sexual contact):

 

RESULT:  No court-martial. No jail time. No sex offender registration.  No federal conviction.

 

18 May 2019, U.S. v. E-7, United States Army, Fort Benning, GA (sex assault and domestic violence):  SFC’s spouse accuses him of sexual assault, domestic violence, and child abuse after he finds out that she was having an affair.  The SFC is FLAGGED, bared from promotion, removed from his primary duties, and told that the Government may court-martial him and take his retirement after 18 years of dedicated service and several combat deployments.  The SFC hires Mr. Capovilla who immediately assigs one of the firms investigators to the case to find out the truth.  After conducting several interviews, Mr. Capovilla discovers that the spouse was indeed involved in an adulterous relationship and that her own children believe she hurt herself to make it look like the SFC had hit her.  Several of the witnesses affirm that the SFC was not even with his spouse at the time that she was injured.  Mr. Capovilla discusses the case with the SFC dozens of times and even files an Article 138 Claim against the SFC’s command for not releasing relevant information.  After nearly 7 months of investigation, the military dismisses the charges and does not prosecute the SFC.

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