Notable Case Results

1 June 2020, Fort Polk, LA (BAH Fraud)

On June 1, 2020, Steve Shewmaker and Rob Capovilla represented a former 2^nd Ranger Battalion member accused of entering a false marriage and referred to a general court martial at Fort Polk, Louisiana. The client’s unit notified the client that they wanted a General Courts-Martial, 2 years confinement, and a punitive discharge.  The client hired Shewmaker & Shewmaker to help him moving forward.  After a thorough investigation of the facts, the witnesses and the case law regarding this unique, novel charge in the military, Shewmaker & Shewmaker were able to convince the Government to dismiss all charges against the Soldier.

RESULT: No courts-martial. No punitive discharge. No jail time.  No federal conviction. 

25 May 2020, Quantico, Virginia (Sexual Assault)

Steve Shewmaker and Mickey Williams represented a 33 year United States Marine Corps Colonel (with multiple tours in reconnaissance) in a Board of Inquiry at Quantico, Virginia. The board, chaired by a Major General and including two Brigadier Generals was asked to consider whether the officer had committed acts of sexual assault upon a DoD contractor and whether the colonel had behaved in an unbecoming manner as an officer. This board was also asked whether the officer should be reduced by one grade for the alleged conduct. Shewmaker & Shewmaker zealously defended the officer, calling numerous witnesses to these events as well as two Lieutenant Generals as character witnesses. After a full day of hearing, the board determined that the officer had not committed any acts of sexual assault. The board also determined that the officer should maintain his current rank in retirement.

RESULT: No courts-martial. No separation. No OTH. No loss of benefits.  Client will retire in 2020.

15 March 2020, Maxwell AFB, US v. E6 (Sexual Assault)

TSgt is accused of sexual assault by a co-worker after a TDY trip.  The TSgt hires the team at Shewmaker&Shewmaker to help him fight these charges.  Shewmaker & Shewmaker immediately files a preservation request with the Government to ensure that exculpatory evidence is preserved.  The team at Shewmaker&Shewmaker conduct over 30 interviews to prepare for the trial.  At the motions hearing, Shewmaker & Shewmaker during cross examination, gets the Accuser to admit that she deleted several important text messages between herself and the TSgt right before she talked to OSI for the first time.  Shewmaker & Shewmaker also files a motion demanding that the accuser’s medical records be turned over and that her mental health diagnosis be revealed.  After 10 months of investigation and litigation, the Government agrees to dismiss all of the sexual assault charges against the TSgt.

RESULT: No sex offender registration. No Article 120 Conviction.

13 March 2020, East Point, Georgia, United States Army Reserve (Sexual Harassment)

Captain (CPT) is accused of sexual harassment and conduct unbecoming an officer when he was sent on temporary duty to Japan and was accompanied by a female interpreter who later claimed that the CPT made lewd comments and asked inappropriate questions of her regarding Japanese culture. CPT denies all allegations and further states that the interpreter is misrepresenting the conversation they shared.  The Command initiates separation against CPT who elects to have a Show Cause Board. Shewmaker and Shewmaker, begins working on CPT’s case.  Shewmaker & Shewmaker locates the witnesses who were present during the conversation who either do not remember it or state that nothing that the interpreter claims was said was said.  Shewmaker & Shewmaker also learns that the interpreter has made similar allegations against others in the past. Finally, Shewmaker & Shewmaker compiles a list of character witnesses who vouch for the CPT’s character for truthfulness, viability for future service, and good conduct. Shewmaker & Shewmaker litigates and presents CPT’s case to the board.

RESULT: RETAINED, MISCONDUCT UNFOUNDED, NO LOSS OF MILITARY BENEFITS, NO PUNISHMENT. 

8 March 2020, University of North Georgia (Maltreatment and Hazing)

Cadet (CDT), along with 12 other CDTs, is accused of hazing and lying school to officials about an incident involving another CDT who suffered alcohol poisoning.  CDT is issued a leave of absence from the Army Reserve Officer Training Corps (ROTC) which prevents him from being able to attend ROTC required classes, events, and receive pay.  The University conducts an investigation spearheaded by two attorneys who submit a report stating that nearly all of the accused CDTs were guilty of either hazing, lying, or both.  The University, based on the report, moves to severely discipline the CDTs involved. ROTC, based upon the report, also moves to disenroll all CDTs involved, which would strip them of their scholarship, pay back thousands of dollars to ROTC, and even require them to enlist into the Active Duty Army prior to their completion of school. CDT retains Shewmaker & Shewmaker to represent him during his ROTC disenrollment.  Shewmaker & Shewmaker conducts his own investigation and discovers that many of the facts cited by the University’s report are contradictory and incorrect.  Shewmaker & Shewmaker interviews over twenty (20) witnesses who either give a completely different version of events cited by the investigation or details, although highly relevant, left out of the report.  Shewmaker & Shewmaker then prepares the CDT an exhaustive cross-examination of the two attorneys who prepared the investigation, direct examinations of fact witnesses, and an opening and closing argument for the CDT (unlike Administrative Separation Boards or Courts-Martial, the attorney is allowed to advise the CDT, but is not allowed to advocate, question witnesses, or make objections.  These tasks fall on the CDT who likely has little to no experience in such matters, which is why hiring an experienced ROTC attorney to prepare the CDT is critical for disenrollment boards).  During the hearing, the CDT cross-examines the attorneys, who are caught off guard. The CDT is able to point out the extreme bias, contradictions, missing evidence, and the misrepresentations within the investigation through his cross-examination of the attorneys. CDT also successfully direct examines his witnesses and presents a passionate closing argument to the board.

RESULT: CDT RETAINED, MISCONDUCT UNFOUNDED, NO LOSS OF SCHOLARSHIP, NO RECOUPMENT OF TUITION, NO FORCED ENLISTEMENT. 

5 March 2020, Fort Jackson, South Carolina (Drug Urinalysis)

Sergeant (SGT) is accused of wrongfully using marijuana when SGT’s urinalysis comes back positive for THC. SGT denies the allegation. SGT’s command initiates Nonjudicial Punishment against SGT which would reduce the SGT in rank, reduce SGT’s pay, and ruin SGT’s chances of future service. SGT retains Shewmaker and Shewmaker.  The team at Shewmaker & Shewmaker interviews members of SGT’s chain of command and learns that there was a significant issue with the testing procedures which caused the mislabeling of at least one servicemember’s sample. SGT obtains a hair follicle test that is more accurate than the standard urine tests the military uses. The hair follicle test comes back negative for THC.  Shewmaker & Shewmaker also collects numerous character letters from SGT’s unit who describe SGT as one of the best Noncommissioned officers in the unit. Shewmaker & Shewmaker is also able to gather a written opinion from an expert witness who states that the hair follicle test is a more accurate test and that it would be nearly impossible that both tests were right. Shewmaker & Shewmaker drafts a brief and provides all the evidence for the Command to consider before the Nonjudicial Punishment hearing.

RESULT: SGT NOT GUILTY, NO LOSS OF RANK, NO LOSS OF PAY, NO PUNISHMENT.

4 February 2020, United States Army Reserves (Domestic Violence)

1LT is accused of domestic violence by his wife.  His unit informs him that they will be initiating a board of inquiry against him and reprimanding him with a General Letter of Reprimand.  Shewmaker & Shewmaker helps conduct an extensive investigation, interviews the complaining witness, and files a response to the 1LT’s notification of a GOMOR.

RESULT: Command destroys the GOMOR. Charges Dropped.  No BOI.

27 January 2020, United States Navy Recruiting Command, Tennessee (Drug Urinalysis)

HM2 Alliano hired the team at Shewmaker & Shewmaker after he tested positive for THC from a urinalysis done in June 2019. At the time he tested positive for THC, HM2 Alliano was a 19 year veteran of the United States Navy, a combat veteran, a decorated Naval Corpsman, a survivor of the 2015 Chattanooga shootings that took place at the Navy Reserve Center in Chattanooga, and a recipient of the Combat Action Ribbon.

In October 2006, HM2 Alliano forward deployed with Company D, 3D Amphibious Assault Battalion, 2d Marine Expeditionary Force in support of Operation Iraqi Freedom. During that deployment, several Marines that I spoke to who served with HM2 Alliano described him as an outstanding “doc” who was not afraid to put his own life at risk to save Marines in combat. For his efforts, HM2 Alliano received the Navy and Marine Corps Achievement Medal with a Combat Distinguishing Device (Valor) for heroic achievement.

During the board, the Recorder requested that HM2 Alliano be separated from the Navy with a less than an honorable discharge and, as a result, lose his retirement. After 4 hours of litigation, the Board rejected the Recorder’s argument and awarded HM2 Alliano with an honorable discharge, but recommended that the sentence be suspended for 6 months so that HM2 Alliano could retire with all his benefits in place.

RESULT: HM2 Alliano will now retire from the Navy after 20 years of service with a full retirement and all his benefits intact.

26 November 2019, Warren Robbins AFB, Georgia (Sex Assault)

A1C is accused of sexual assault by a female that works in his unit.  The accuser claims that the A1C sexually assaulted her while she slept on the A1C’s couch.  The A1C is informed that his unit plans to Court-Martial him for sexual assault.  The A1C hires Shewmaker & Shewmaker to represent him.  The team at Shewmaker & Shewmaker conduct a thorough investigation into the matter and interview several witnesses. Shewmaker & Shewmaker found out that shortly after making the complaint, the accuser requested to be medically separated from the Air Force as a result of Military Sexual Trauma.  Shewmaker & Shewmaker request all documentation and find out that the accuser has wanted to leave the Air Force for the past several years.  As a result of the Shewmaker & Shewmaker’s thorough investigation, the Air Force drops all charges against the A1C.

RESULT:  No Courts-Martial.  No jail time.  No sex offender registration.  No punitive discharge.

17 November 2019, Elkhart, Indiana (United States Army Reserves)

E-5 client hires team at Shewmaker & Shewmaker when her command informs her that they intend to separate her from the United States Army for failure to appear to duty.  E-5 adamantly states that she is innocent of all charges.  Shewmaker & Shewmaker collect a series of emails from the E-5, which show that she was in fact at work and present for duty.  Shewmaker & Shewmaker helps craft a memorandum to the E-5’s commander requesting that the Article 15 be dropped and  that the separation board be cancelled.  After discussions with the Staff Judge Advocate, the unit decides to drop all charges against the E-5.

RESULT: Charges Dropped.  No NJP.  No Separation Hearing.

9 November 2019, Fort Lee, Virginia

SPC is accused of assaulting a fellow Soldier during Advanced Individual Training.  The SPC is one week away from graduating and his unit informs the SPC that he may be separated from the United States Army.  The SPC hires the team at Shewmaker & Shewmaker to represent him.  The first thing Shewmaker & Shewmaker does is interview the witnesses to the assault.  Shewmaker & Shewmaker quickly learn that the SPC was acting in self-defense and take statements from the witnesses to help the SPC.  Within one (1) week, the SPC’s command determines that the SPC was wrongly accused.

RESULT: Charged Dropped.  SPC graduated AIT.  No courts-martial.  No Article 15.

4 November 2019, New Orleans, Louisiana

WO1 is accused of committing fraud against the United States Government and is told that he is likely facing a General Courts-Martial.  WO1 hires Shewmaker & Shewmaker to assist him during the course of the investigation and to ensure that his rights are protected.  After a thorough investigation by CID and the DoD, Shewmaker & Shewmaker convince the trial counsel that the United States Army does not have jurisdiction to prosecute the WO1.  Moreover, Shewmaker & Shewmaker are able to persuade the WO1’s command that a Board of Inquiry is not mandatory and unnecessary.

RESULT: Charges Dropped. No Courts-Martial.  No Board of Inquiry.

22 October 19 – Fort Benning, GA

The team at Shewmaker & Shewmaker win big at Fort Benning, GA.  Our client was an E-7, 11B, with over 16 years of active duty service.  He has deployed 3 times, served in combat, and is devoted father and husband.  Our client was accused of wrongfully ingesting THC during holiday block leave.  On our recommendation, the client turns down an Article 15 and chooses trial by court-martial. Instead of giving our client his day in court, the Command elects to separate our client at a separation hearing.  During the hearing, Shewmaker & Shewmaker argues that the client did not intentionally ingest THC.  Shewmaker & Shewmaker calls several witnesses who corroborate our client’s defense and argues that the Government did not meet their burden of proof.  Shewmaker & Shewmaker calls several character witnesses to testify about our client’s good character and courage under fire.  After just 20 minutes, the Board elects to retain our client.

RESULT: FULLY RETAINED  NO OTH.  Retirement saved.  Benefits kept.

16 October 2019, Ft. Campbell, KY

Private (PVT) is accused of sexual assault when he and a friend bring two girls back to the barracks for drinks and a movie.  It is alleged that PVT took the accuser back to his room and forced her to have sex with him and recorded it on his cellphone via snapchat.  PVT retains  Shewmaker & Shewmaker to represent him.  Shewmaker & Shewmaker, after discussing the case with PVT, begins investigating the case.  Shewmaker & Shewmaker discovers that the accuser is the daughter of a retired non-commissioned officer who is the person who brought her to the police station to make the complaint.  Shewmaker & Shewmaker interviews the girl who went to the barracks who states that she seemed fine after the alleged assault and was flirting with PVT up and until she left to go to his room.  Shewmaker & Shewmaker discovers the snapchat videos that clearly prove that the sex was absolutely consensual.  The evidence supports that the accuser was embarrassed that her father and others might find out that she had sex in the barracks with a Soldier so she made the allegation to protect her reputation.  Shewmaker & Shewmaker presents these facts to the prosecutors and the command who later decide to take the following action:

RESULT: CASE DISMISSED, NO COURT-MARTIAL, NO FEDERAL CONVICTION, NO SEX OFFENDER REGISTRATION

14 October 2019, Ft. Campbell, KY

Special Forces Captain (CPT) is sent to an administrative separation board for receiving a DUI in 2017.  CPT retains Shewmaker & Shewmaker to represent him at his separation board.  Shewmaker & Shewmaker learns that CPT, a green beret, has numerous combat deployments with Special Forces and suffers from significant traumatic brain injuries and post-traumatic stress disorder.  CPT also suffers from several debilitating injuries due to the rigorous demands of the Special Forces.  CPT is also retirement eligible due to his prior service and enlisted non-commissioned officers.  Despite the sacrifices and time in service, the board recommends to separate CPT from the Army and try to strip him of his retirement.  Emboldened, Shewmaker & Shewmaker continues to fight for the CPT and demand that the Commanding General hear his side of the story.  The team at Shewmaker & Shewmaker puts together an exhaustive packet for CPT and present it to the Commanding General who overrides the boards recommendation and does the following:

RESULT: CPT ALLOWED TO RETIRE, NO LOSS OF MILITARY BENEFITS, NO PUNISHMENT.

11 October 2019 – Fort Riley, Kansas

The team at Shewmaker & Shewmaker convince E-4’s command to drop all charges preferred against the E-4 for AWOL.  The E-4 and his family hired Shewmaker & Shewmaker after the E-4 left his unit upon finding out that his father was diagnosed with a very serious medical condition.  Shewmaker & Shewmaker contacts the E-4’s Commander and successfully negotiates the E-4’s return to his unit to avoid apprehension, which would lead to more serious punishment.  After several weeks of working very closely with Command and the E-4’s family, the Command agrees to dismiss all charges against the E-4.  

RESULT:  ALL CHARGES DROPPED.  NO federal conviction.  NO jail time.  NO punitive discharge.

9 October 2019, Fort Sill, Oklahoma

Captain is selected for promotion to MAJ in 2017, however, his promotion is under review because the Human Resources Center (HRC) discovers that Captain has a substantiated law enforcement investigation for fraud.  With the Captain’s promotion and military career at risk, Captain retains a lawyer from Shewmaker and Shewmaker (S&S). S&S Reviews the evidence and discovers that the Captain is accused of defrauding the Government by taking advantage of a program that allows recruiters to receive a bonus when successfully signing up a recruit for the Army.  S&S learns that the investigation is roughly three pages long, lacks corroboration, and violates the investigation’s own internal policies. S&S exhaustively researches the program that Captain allegedly abused.  After doing their own investigation, interviewing witnesses, and preparing a substantive report for HRC to consider, the Promotion Review Board, nearly two years later, came to the following conclusion:

RESULT: DEROGATORY INFORMATION UNSUBSTANTIATED, ORDER IMMEDIATE REMOVAL FROM OFFICER’S FILE, ORDER IMMEDIATE PROMOTION TO MAJOR BACK DATED WITH PAY TO THE ORGINAL DATE OF PROMOTION.

6 October 2019, Gillem Enclave, Atlanta, Georgia

Captain, who is promotable to Major, is referred to a Show Cause Board in the Army Reserve for receiving five (5) referred Officer Evaluation Reports (OERs) in his Military Personnel File.  The OERs were received because the Captain failed both the Army Physical Fitness Test and the Height and Weight test.  Captain is represented by a lawyer from Shewmaker and Shewmaker (S&S). S&S begins to review Captain’s file and finds that the Captain is in a very lucrative profession outside of the Army Reserve.  S&S also arranges for the Captain to retake the APFT and HT/WT test several times prior to the board to demonstrate that the Captain is now meeting the standard.  S&S also interviews several potential character witnesses who vouch for the Captain’s hard work ethic and outstanding performance.  At the board, S&S provides the members with the evidence and persuasively argues that the Captain does not need the Army Reserve job because of his very profitable outside job, but he wants the job and he wants to continue to serve.  After hearing the arguments and reviewing all the evidence the board recommended the following action:

RESULT: RETAINED, NO LOSS OF MILITARY BENEFITS, NO PUNISHMENT, OFFICER ALLOWED TO PROMOTE TO MAJOR.

26 September 2019, Lieutenant Colonel (LTC), Fort Campbell, Kentucky

LTC is accused of domestic violence when his spouse filed a complaint with the local authorities alleging that LTC was preventing her from leaving, causing her vehicle to fail to start, sending her threatening text messages, and stalking her at a friend’s house.  The Command issues a FLAG on LTC preventing him from getting promoted or participating in any unit functions.  Command also initiates a Military Protective Order forbidding LTC from communicating with spouse and his own son. Command begins investigating LTC for criminal prosecution.  Finally, Command restricts LTC to post.  LTC retains a lawyer from Shewmaker & Shewmaker who begins investigating the case and discovers that spouse is battling with major depression and recently suffered a severe bout of mental stress.  Attorney also files a 138 Complaint against the Command for restricting LTC to post based on nothing but an allegation.  Attorney further argues that LTC is promotable, has served honorably for over twenty years, and has never been in trouble before.

RESULT:   CASE DISMISSED, LTC Promoted to COL, All Restrictions Lifted, No Punishment. 

10 September 2019, Fort Sill, Oklahoma, (Sexual Assault and Abusive Sexual Contact)

Soldier is accused of sexual assault and abusive sexual contact by a female trainee at AIT.  During trial, Shewmaker & Shewmaker expose the accuser during an aggressive cross examination.  Shewmaker & Shewmaker show the panel that the accuser sent him several nude photos of herself and lied to CID about those photos.  Shewmaker & Shewmaker expose the Government’s “eye witnesses” and show the panel that each Government witness lied about what happened and significantly changed their story during trial to support the accuser’s case.  At one point, Shewmaker & Shewmaker forced the Government’s “star witness” to admit that he lied to his 1SG about committing misconduct.  Lastly, after a thorough investigation, Shewmaker & Shewmaker are able to locate 3 witnesses who were present when this alleged sexual assault occurred.  CID never spoke to these witnesses.  These witnesses testified that they did not see our client sexually assault the accuser.

RESULT: FULL ACQUITTAL.  No sex offender registration. No jailtime.  Our client is now with a line unit and he was recently promoted.

25 August 2019, Austin Peay State University, Clarksville, TN. Army Reserve Officer Training Corps (ROTC)(Failure to Obey a Lawful Order, Undesirable Character, and Conduct Unbecoming)

Cadet (CDT) was accused of “undesirable character” when his girlfriend filed a restraining order against him.  The Professor of Military Science (PMS) initiated a disenrollment board in order to remove the CDT from the program and either require him to pay back all of his tuition (thousands of dollars) or enlist into the Regular Army for four years.  CDT retains an attorney from Shewmaker & Shewmaker who begins investigating the case and developing a strategy to combat the disenrollment board.  Shewmaker & Shewmaker discovers that the girlfriend was in a romantic relationship with the CDT and was lying to her parents about it who did not want her to date the CDT.  The girlfriend’s father is also a Major in the Army who was good friends with the PMS.  It was clear that the Major wanted the PMS to punish the CDT for dating his daughter against his wishes.  At the board, the PMS submitted various anonymous statements about the CDT that tried to paint the CDT as a horrible Soldier and human being.  Shewmaker & Shewmaker, anticipating this tactic, gathered nearly twenty (20) other character statements for the CDT that completely contradicted the PMS’ statements.  Shewmaker & Shewmaker also provided substantial evidence that proved that the PMS was acting out of spite and that the girlfriend was lying to her parents and law enforcement about the CDT.

RESULT: CDT RETAINED in ROTC, allowed to continue to Advance Camp and Commission into the United States Army

21 August 2019, Florida A&M University, Naval Reserve Officers Training Corps (NROTC) Disenrollmet (Order Violations)

Midshipman joined the NROTC program with the hopes of becoming a Marine Officer.  Marine excelled in school and exceeded all Naval physical requirements. Eventually, however, Midshipman suffers an injury that requires him to take a break from the program. During the break, Midshipman becomes depressed and begins to seek mental health treatment. The treatment fails to remedy Midshipman’s depression, Sadly, Midshipman attempts to take his own life. Eventually, Midshipman returns to NROTC and again suffers a suicidal ideation.  NROTC then moves to disenroll Midshipman from the program and require him to pay back all of his educational assistance exceeding $50,000. Midshipman retains a lawyer from Shewmaker and Shewmaker to contest the fees.  Shewmaker and Shewmaker then gathers all of the Midshipman’s medical records, interviews his doctors, supervisors and colleagues. Shewmaker and Shewmaker drafts and submits a brief and attaches to it all the evidence supporting their  argument that Midshipman was an outstanding candidate and should not be required to pay back money for a mental health condition beyond his control.

RESULT: Midshipman not required to pay back any money.

8 August 19, Coast Guard, Alameda, California (Sexual Assault)

Junior officer is accused of sexually assaulting a female cadet from the Coast Guard Academy.  Allegations state that our client sexually assaulted a female cadet while she was drunk and not willing to consent.  Shewmaker & Shewmaker file motions seeking to admit evidence that the accuser had a boyfriend at the time of the incident, fabricated her story to protect that relationship, and changed her story on numerous occasions.  After a thorough investigation, Shewmaker & Shewmaker find video evidence that the morning after the alleged assault, the accuser went fishing with our client, drank beer with our client, and spent the entire day with him.  After the release of this evidence, the Government agreed to drop all sexual assault charges and withdraw those specifications.

RESULT: Charges withdrawn. No jailtime.  No sex offender registration.

2 August 19, Fort Benning, GA (Domestic Violence)

E-7 client who has served in the Army for 19 years is accused of committing domestic violence against his E-7 wife.  The original allegations are that our client sexually assaulted and then attacked his wife.  Shewmaker & Shewmaker work hard to uncover the truth and the sexual assault allegations are withdrawn when command learns that the accuser suffers from an assortment of mental health problems.   The Government then decides to notify our client of a General Officer Letter of Reprimand for domestic violence.  During the course of our investigation, Shewmaker & Shewmaker learn that the accuser is having an affair on our client and wants to file for a divorce.  In the GOMOR rebuttal, Shewmaker & Shewmaker argue that the accuser is simply protecting herself and her own career.  Shewmaker & Shewmaker provide the command with proof that the accuser was having an affair on our client and had a motive to hurt our client.

RESULT: GOMOR destroyed.  No separation board.  Our client is preparing his retirement paperwork.

1 August 19, Fort Lee, VA (Abusive Sexual Contact).

E-7 client is a 19-year veteran of the United States Army.  He’s accused of touching a female trainee inappropriately during a training event.  The E-7 is facing jailtime, sex offender registration, and the loss of his retirement.  Shewmaker & Shewmaker conduct a thorough investigation into the allegations, guide the E-7 through the process, and ultimately convince the Government to withdraw the abusive sexual assault allegation.

RESULT: No sex offender registration.  No DD.  Client will retire next month with all of his benefits intact.

July 15, 2019, U.S. v. E-5, United States Air Force Base, Utah (Sexual Assault).

SSgt Client hires Shewmaker Law after being accused of sexual assault by a woman he met on Tinder.  Shewmaker Law conducts an extensive investigation and finds out that every eye witness believes the sex was consensual.  The civilian sheriff’s office drops the case in 2 days.  However, OSI picks the case up and the USAF refers the case to a GCM.  Shewmaker Law files a 28-page MRE 412 motion and finds a witness who will testify that the Accuser admitted to him that the “sex was consensual.”  As a result, the Government dismisses one specification before the motions hearing. Shewmaker Law litigates at the motions hearing that the sex was consensual and highlights for the judge dozens of inconsistencies in the Accuser’s story.  Three days after the motions hearing, the Government dismisses the remaining charges.

RESULT: NO Conviction. NO sex offender registration. NO reduction in rank.

June 27, 2019, U.S. v. T.M. (E-3), Wright Patterson, AFB (Article 112(a), Illegal Use of Drugs). 

T.M. hires Shewmaker & Shewmaker to represent him after the Air Force charges him with several specifications of Article 112(a), use of illegal drugs.  After Shewmaker & Shewmaker conduct a thorough investigation, they discover that the Air Force employed a “snitch” or under-cover informant to incriminate T.M.  Shewmaker & Shewmaker find out that the snitch engaged in illegal behavior, took a plea deal for his own misconduct, and was granted immunity to testify against T.M.  T.M.’s defense team files numerous motions to suppress text messages found on T.M.’s phone and to exclude incriminating statements allegedly made by T.M. The military judge rules in favor of the defense and excludes all evidence that T.M. engaged in prior drug use. 

RESULT:  Charges Dismissed.  No confinement. NO punitive discharge.  NO reduction in rank. 

June 14, 2019, U.S. v. M.D, (E-6) Jacksonville Naval Base, Florida (Sexual Assault, Sexual Harassment, and Assault).  

M.D. hires Shewmaker Law to represent him before an administrative separation hearing for charges of failure to follow DoD orders regarding sexual harassment (Art. 92), sexual harassment of subordinate, assault (Art. 128), and sexual assault (Art. 120).  The Navy takes actions to prevent M.D. from hiring the civilian counsel of his choice by refusing to grant a reasonable delay to afford him the benefit of private legal counsel. Shewmaker Law files an Article 138 injunction against the command. The continuance is granted.  After a full hearing, lasting one full day, administrative separation board unanimously finds all charges unfounded and determine that M.D. did not sexually assault anyone.

RESULT: Sailor fully retained in service and returned to full duty status.  No Separation. No NJP.  

June 8, 2019, U.S. v. T.C. (E-5), United States Army – Overseas Tour (Sexual Assault). 

T.C. hires Shewmaker Law after he is notified that he is under investigation for sexual assault and possibly child pornography.  Shewmaker Law conducts a preliminary investigation, speaks to law enforcement officials, and communicates with T.C.’s overseas defense attorney.  After approximately 8 months of investigation, the Army drops the sexual assault investigation and the child pornography charges.

RESULT:  No federal conviction.  NO sex offender registration.  No punitive discharge. 

June 5, 2019, U.S. v. M.B. (E-1), Fort Benning, GA (Article 120 – Sexual Assault). 

M.B. hires Shewmaker & Shewmaker after he finds out that a woman from his home town is claiming that M.B. sexually assaulted her.  M.B. is a trainee at Fort Benning, GA when local law enforcement requests to interview him for the alleged misconduct. Shewmaker Law immediately assigns one of their experienced investigators to the case.  After a thorough investigation, Shewmaker Law uncovers several eye witnesses that observed the sexual encounter between M.B. and the complaining witness. Each of these witnesses will testify that the encounter was consensual. 

RESULT:  Investigation dropped.  M.B. allowed to graduate from basic training.  No conviction. No separation. No NJP. 

May 18, 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 Shewmaker & Shewmaker who immediately assigs one of the firms investigators to the case to find out the truth.  After conducting several interviews, Shewmaker & Shewmaker 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.  Shewmaker & Shewmaker 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.

RESULT: No court-martial. No jail time. No sex offender registration.  No separation board. No Article 15.  The SFC is set to retire next year with all of his benefits intact.

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