Sexual Assault Case Results

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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.

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.

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:

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

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.

26 July 2019, United States Military Academy, West Point, New York (Sex Assault)

Two different female Cadets (CDT) accuse Client CDT of sexual assault and abusive sexual contact. First accuser claims that Client CDT raped her two times in her barracks room. The second accuser claims that Client CDT snuck into her room and began groping her while she was asleep. Government refers charges against CDT at a General Court Martial for an additional allegation of fraternization. Client CDT retains Shewmaker Law to defend him. Shewmaker Law immediately begins investigating the case and discovers that both accusers have significant motivations to fabricate. Shewmaker Law also learns that both accusers deleted text messages, provocative photographs, lied to multiple people about what happened, and destroyed evidence that would exonerate Client CDT. For example, the first Accuser, after the alleged sexual assault, immediately texted her boyfriend and stated that she and Client CDT where “flirting”—not that she was sexually assaulted. After boyfriend becomes angry, she changes her story and says that Client CDT raped her. Additionally, second Accuser denied ever inviting Client CDT to her room the night of the alleged incident, however, Shewmaker Law discovered texts between her and Client CDT that not only did she invite him to her room, but she also invited him to come and “cuddle” with her. She had deleted these texts. Shewmaker Law shows the Government that the accusers are lying in order to protect their relationships with their significant others. Government dismisses the case, and instead refers the case to a Misconduct Board hoping to get a win because the burden of proof is much lower at a Misconduct Board than at a Court-Martial. Shewmaker Law zealously advocates for Client CDT to the Board and clearly proves that the accusers are lying. Shewmaker Law also argues that the Government knows that the accusers are lying, but aren’t interested in the truth, but in winning despite it costing the career and reputation of an innocent man.

RESULT: Sexual Assault, Abusive Sexual Contact, and Fraternization Unfounded. Client CDT is RETAINED.

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.