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Special and General Courts Martial for June 2016

14 July 2016
The following reports the results of Special and General Courts-Martial tried and completed within the United States Navy in June 2016. The cases are listed by the Navy Region in which they were tried.
The following reports the results of Special and General Courts-Martial tried and completed within the United States Navy in June 2016. The cases are listed by the Navy Region in which they were tried.

Naval District Washington

General Court-Martial

* At a General Court-Martial in Washington, D.C., MCSN Thomas F. Gowen III, USN pled guilty pursuant to a pretrial agreement to two specifications of sexual abuse of a child. On 8 June 2016, the military judge sentenced him to be discharged with a Bad Conduct Discharge, reduction in rank to paygrade E-1, and confinement for 2 years. Pursuant to the pretrial agreement, all confinement greater than 12 months is to be suspended and remitted. The suspended confinement may be served if the Service Member violates the terms of the pretrial agreement.

* At a General Court-Martial in Washington, D.C., CAPT Michael P. Baratta, USN pled guilty pursuant to a pretrial agreement to two specifications of indecent acts and four specifications of indecent visual recording. On 15 June 2016, the panel of members sentenced him to a Dismissal from the service and confinement for 3 years. Pursuant to the pretrial agreement, all confinement greater than 2 years is to be suspended and remitted. The suspended confinement may be served if the Service Member violates the terms of the pretrial agreement.

Special Court-Martial

* None.

Navy Region Mid-Atlantic

General Court-Martial

* At a General Court-Martial in Norfolk, Virginia, EM2 Dillon L. Kendall, USN pled guilty pursuant to a pretrial agreement to possession, use, distribution, and introduction onto a military installation of anabolic steroids, a schedule III controlled substance and conspiracy to export steroids from the United States. On 3 June 2016, the military judge sentenced him to be discharged with a Bad Conduct Discharge, reduction in rank to paygrade E-1, and confinement for 6 months. Pursuant to the pretrial agreement, confinement greater than 3 months is to be suspended and remitted. The suspended confinement may be served if the Service Member violates the terms of the pretrial agreement.

* At a General Court-Martial in Norfolk, Virginia, AZ2 Lamar A. Forbes, USN pled guilty pursuant to a pretrial agreement to false official statement, sexual assault, and assault consummated by a battery. On 23 June 2016, the military judge sentenced him to be discharged with a Dishonorable Discharge, reduction in rank to paygrade E-1, and confinement for 8 years. The pretrial agreement had no effect on his sentence.

* At a General Court-Martial in San Antonio, Texas, an E-6 was tried for four specifications of committing a lewd act upon a child who had not attained the age of 12 years. On 28 June 2016, the military judge returned a verdict of not guilty.

Special Court-Martial

* At a Special Court-Martial in Norfolk, Virginia, AN Darren-Mathew A. Dedios, USN pled guilty pursuant to a pretrial agreement to conspiracy to distribute a controlled substance and the wrongful use and distribution of a controlled substance. On 2 June 2016, the military judge sentenced him to be discharged with a Bad Conduct Discharge, to forfeit of $1,000 per month for 12 months, reduction in rank to paygrade E-1, and confinement for 12 months. Pursuant to the pretrial agreement, confinement greater than 7 months is to be suspended and remitted. The suspended confinement may be served if the Service Member violates the terms of the pretrial agreement.

* At a Special Court-Martial in Norfolk, Virginia, CS1 Abel A. Montesdeoca, USN pled guilty to desertion. On 9 June 2016, the military judge sentenced him to a $4,000 fine, reduction in rank to paygrade E-5, and confinement for 89 days.

* At a Special Court-Martial in Norfolk, Virginia, AZ2 Bryan D. Englehart, USN pled guilty pursuant to a pretrial agreement to violation of a lawful general regulation, false official statement, larceny, and making a worthless check. On 13 June 2016, the military judge sentenced him to be discharged with a Bad Conduct Discharge, a $10,000 fine, reduction in rank to paygrade E-1, confinement for 6 months, and an additional 6 months confinement if the fine is not paid. Pursuant to the pretrial agreement, the Bad Conduct Discharge is to be disapproved.

Navy Region Southeast

General Court-Martial

* At a General Court-Martial in Pensacola, Florida, ACC Brian Gardiner, USN was tried for numerous charges involving child sex abuse. On 23 June 2016, the members found him guilty of lewd acts with a child and sexual assault of a child and sentenced him to be discharged with a Dishonorable Discharge, to forfeit all pay and allowances, and confinement for 25 years.

Special Court-Martial

* None.

Navy Region Northwest

General Court-Martial

* None.

Special Court-Martial

* None.

Navy Region Southwest

General Court-Martial

* At a General Court-Martial in San Diego, California, LT Jonathan M. Black, USN pled guilty pursuant to a pretrial agreement to three specifications of attempted indecent recording, four specifications of indecent recording, and conduct unbecoming of an officer and gentleman. On 8 June 2016, the military judge sentenced him to a Dismissal from the service and confinement for 36 months. Pursuant to the pretrial agreement, confinement greater than 24 months is to be suspended and remitted. The suspended confinement may be served if the Service Member violates the terms of the pretrial agreement.

* At a General Court-Martial in San Diego, California, AMAN Daniel J. Fitzpatrick, USN pled guilty pursuant to a pretrial agreement to assault. On 9 June 2016, the military judge sentenced him to forfeit $500 per month for 6 months, reduction in rank to paygrade E-1, hard labor without confinement for 45 days, and restriction for 45 days. The pretrial agreement had no effect on his sentence.

* At a General Court-Martial in Lemoore, California, an E-5 was tried for two specifications of assault and battery. On 23 June 2016, the panel of members returned a verdict of not guilty.

Special Court-Martial

* At a Special Court-Martial in San Diego, California, an E-4 was tried for two specifications of communicating a threat. On 22 June 2016, the military judge returned a verdict of not guilty.

* At a Special Court-Martial in San Diego, California, HM3 Jeremy A. Curbelo, USN pled guilty pursuant to a pretrial agreement to wrongfully engaging in unprofessional and unbecoming conversations of a nature to bring discredit upon the Armed Forces. On 22 June 2016, the military judge sentenced him to forfeit $1,000 per month for 3 months and confinement for 100 days. The pretrial agreement had no effect on his sentence.

* At a Special Court-Martial in San Diego, California, PR3 Joshua A. Burgess, USN pled guilty pursuant to a pretrial agreement to attempted larceny and two specifications of larceny. On 28 June 2016, the military judge sentenced him to be discharged with a Bad Conduct Discharge, a fine of $2,500, reduction in rank to paygrade E-1, and confinement for 6 months. Pursuant to the pretrial agreement, confinement greater than 46 days is to be suspended and remitted. The suspended confinement may be served if the Service Member violates the terms of the pretrial agreement.

Navy Region Hawaii

General Court-Martial

* None.

Special Court-Martial

* At a Special Court-Martial in Pearl Harbor, Hawaii, CSC Jason W. Hennecy, USN was tried for numerous charges including absence without leave, disobeying the order of a superior commissioned officer, false official statement, wrongful use of methamphetamine, and wrongful use of cocaine. On 13 June 2016, the panel of members returned a verdict of guilty for four specifications of absence without leave, disobeying the order of a superior commissioned officer, false official statement, five specifications of wrongful use of methamphetamine, and wrongful use of cocaine and sentenced him to a reprimand, reduction in rank to paygrade E-1, and confinement for 154 days.

* At a Special Court-Martial in Pearl Harbor, Hawaii, CSC Joseph T. Botelho, USN pled guilty pursuant to a pretrial agreement to two specifications of violation of a lawful general order (violating a Military Protective Order). On 6 May 2016, the military judge sentenced him to reduction in rank to paygrade E-6 and confinement for 89 days. Pursuant to the pretrial agreement, confinement greater than 79 days and the reduction in rank to pay grade E-6 is to be suspended and remitted. The suspended portions of the sentence may be served if the Service Member violates the terms of the pretrial agreement.

Navy Region Japan

General Court-Martial

* None

Special Court-Martial

* At a Special Court-Martial in Yokosuka, Japan, CSSA Rod D. Triplett, USN pled guilty pursuant to a pretrial agreement to violating a lawful order (consuming alcohol while on liberty risk), assault consummated by a battery, and drunk and disorderly conduct. On 3 June 2016, the military judge sentenced him to be discharged with a Bad Conduct Discharge, to forfeit $144 per month for 4 months, reduction in rank to paygrade E-1, and confinement for 120 days. The pretrial agreement had no effect on his sentence.

Navy Region Europe, Africa, Southwest Asia

General Court-Martial

* None.

Special Court-Martial

* At a Special Court-Martial in Naples, Italy, QMC Ryan P. Long, USN pled guilty pursuant to a pretrial agreement to sexual harassment and fraternization. On 22 June 2016, the military judge sentenced him to reduction in rank to paygrade E-5 and confinement for 2 months. Pursuant to the pretrial agreement, reduction in rank below the paygrade E-6 is to be disapproved and confinement greater than 45 days is to be suspended and remitted. The suspended confinement may be served if the Service Member violates the terms of the pretrial agreement.
 

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