SrA Matthew Theurer, 22, US Air Force, was arrested after the body of his baby was discovered in a bag on the side of a highway on March 12, 2013. SrA Theurer stood accused of dumping the baby’s body about 100 miles away from Seymour Johnson Air Force Base, North Carolina where he was stationed. After Theurer’s baby was discovered and a failed suicide attempt, Theurer confessed to investigators that he found his child unresponsive on February 15, 2013 and attempted to cover up the death. SrA Theurer admitted in military court that he began to downward spiral after the mother of his child moved away and left him to care for the baby by himself. SrA Theurer admitted to leaving the child alone while he went to work; an autopsy report indicated that the child died from starvation and neglect. SrA Theurer pleaded guilty to involuntary manslaughter, negligent homicide, child endangerment, obstruction of justice, and making a false statement. SrA Matthew Theurer was sentenced to forty years in prison, dishonorable discharge, and reduction to E-1.
Army veteran and pastor Reverend Donald Jung, 59, was held on $750,000 bond after being arrested and charged on February 23, 2013 with predatory criminal sexual assault of a child. Jung denied charges he sexually assaulted a nine year old girl but admitted to police he raped a girl 22 years ago while serving in the Army. Both victims were related to him. Jung’s attorney said the pastor was in the Army for 18 years and has no criminal history. Prosecutors sought Jung’s military records after they learned he was court martialed for child sexual assault. Jung pleaded not guilty and the status of his trial or any outcomes are unknown as of January 28, 2017.
“Prosecutors say he had sex with the girl and that he was court martialed in the Army 22 years ago for having sex with a 10-year-old.” –ABC7 Chicago
It is with a heavy heart that I sit here today. Because, I am not only speaking for myself but I am speaking for thousands and thousands of male and female survivors, both military and civilian, whose lives have been forever altered by the military’s sexual assault epidemic, a culture that punishes the victim, and a broken military justice system.
Core issues must be addressed. The military justice system elevates an individual’s discretion over the rule of law. The system is encumbered with personal bias, conflicts of interest and abuse of authority. The cycle of repeated scandals, self‐investigations, and ineffective reforms must be broken. Click here for full House Armed Services Committee testimony.
I want to recognize the service members who have not survived due to non‐combat deaths, murder, and suicide and their families who are still waiting for answers. -Jennifer Norris, USAF Retired
Please note the same day of the military sexual assault hearings before the House Armed Services Committee on January 23, 2013, Secretary of Defense Leon Panetta announced the Pentagon was lifting the women in combat ban.
Technical Sergeant Jennifer Norris Testifies Before Congress
Personal Story:
I am older now and I have had a lot of time to reflect back on what happened to me. And it is now evident to me that I am one of many who have experienced the same kind of treatment simply because I reported sexual assault by a fellow, higher-ranking soldier.
I was raised by a father who worked hard as a logger his entire life. He taught me early in my childhood that I was equal with my brothers. I was expected to help prepare the firewood every season, I was expected to help mow the fields, and I was included in any and all activities. I grew up in a small town and never once experienced someone trying to harm me in a violent way or discrimination based solely on my gender. I grew up with a sense of confidence and determination that I could do anything I wanted to with my life. That is the American dream, right?
I learned quickly after joining the USAF that I had stepped into a whole new world, one that eventually made me feel like I was dealing with an underground mob. Shortly after I enlisted, I was invited to a “new recruit” party. I was really excited to attend so that I could meet others who were also going through the excitement and fear of becoming a soldier. Instead I became the victim of a calculating predator who used the “party” as a way to set up his attack. And, as I commonly see in many of the cases in my work as a victim advocate, he used alcohol as his weapon. When he was unable to pressure me to drink, he used whatever means necessary to incapacitate his victim. When I was raped, I was chemically restrained and could not move; yet I knew what was happening to me. In my work as a victim advocate, I frequently saw this same modus operandi.
I didn’t report that crime and here is why. I could not face that it happened. I didn’t want to start out my military career like that and so I determined that I would never talk about it to anyone. From that day forward, I avoided the recruiter at all costs and soldiered on. I have never seen him since.
I had an amazing basic training experience at Lackland. My military training instructor was SSgt Knight and this professional NCO taught me how to be a good follower and he also believed in my leadership skills.
The majority of the people that I served with were amazing, inspiring individuals who truly were dedicated to the mission. But just like me, there are far too many who fall victim to manipulation and abuse of authority by perpetrators who are higher ranking and have more credibility with those who are in charge. We have no choice but to acquiesce when under the leadership of a heavy fisted Chain of Command.
I was assaulted a second time at Keesler Air Force Base after Basic Training by my instructor. I was attending Satellite and Wideband Communications technical school. I was there for 6 months. While there, I learned very quickly that if you reported sexual harassment, assault, or were offended by someone’s lewd and crude remarks that you will be quickly turned out of the Air Force. So, I planned to get through it, go back home and serve with the Maine Air National Guard, where I thought I would be safe. I just sucked it up and kept my mouth shut so I could graduate. I watched an Active Duty Air Force female, who to this day is one of my best friends, get swiftly booted from the military, after she reported that one of her instructor’s made derogatory remarks to her during class. This girl was 19 years old. The military training managers engaged in what appeared to be a witch-hunt and looked for anything and everything to kick her out. In the end, they were successful. Today she suffers severe PTSD from this experience.
A few very significant things happened while I was at Keesler. One of the female airman that I was going to school with admitted that she had sex with her recruiter. This conversation was in the presence of another Maine Air National Guardsman who shared that the same recruiter who raped me had also sexually assaulted his cousin, who as a result did not join the military. When he explained to me how it occurred, my blood began to boil with rage because I recognized the pattern immediately. The recruiter had done the same thing to me and I determined I was going to press charges against him, when I returned home, to stop him from harming anyone else.
The Post Traumatic Stress, which I didn’t realize I had, kicked in to overdrive after learning this information. I wanted to take action. I did an impulsive thing. I called up the recruiter who raped me and told him I was going to press charges against him and that I knew what he had done to another girl as well. He quickly hung up on me. My thinking was maybe just maybe he would be too scared to try this again.
About two weeks before graduation from Keesler, I was performing a maintenance loop on a mobile satellite communications van as part of the testing to move on to the next block. I had it down. I loved my job and everything stuck. For this test, we needed to step inside the enclosed satellite communications maintenance van. The instructor shut the door and stood there with his clipboard behind me while I configured the van. Shortly after starting the task, he came up from behind me, attacked me, pushed me into the wall of the van, rubbed his groin area on my body and whispered in my ear, “let me help you, let me help you.” Those words trigger me to this day.
I got angry, I flipped out and pushed him away and told him not to touch me ever again. He was surprised and didn’t say a word. My fight or flight response had kicked into overdrive and my anxiety was so high that I was shaking while I finished configuring that van and waited for him to give me permission to leave the enclosed van. But, I did it. I passed the test.
Unfortunately, it did not end there. This TSgt told me to stay behind after class. Because I could not disobey a direct order without consequences, I stayed only for him to tell me that he was going to fail me for attitude even though I passed the final test. I immediately broke down and started crying. All I could say is why are you doing this to me? Why? I begged him to reconsider. He told me to report the next morning an hour before the rest of the class and he would reconsider. I did not do as ordered.
Instead of going to school the next morning, I went to the Air National Guard liaison, who I had established a nice relationship with, and I informed her that my instructor wanted to fail me for attitude, despite passing my test. The Guard gave the TSgt. a call. He acquiesced and I was told to report to my next class. While at technical school training at Keesler, I never saw him again. I did not report this crime for a number of reasons. First I witnessed first hand what happens when you report that type of behavior. Second, I was only two weeks away from graduation, and, third, I did not want an investigation launched and risk being stuck on that base with that predator. Lastly, I did not want to be stigmatized as a female who alleges sexual assault before I had even entered the operational Air Force. These fears and attitudes exist to this very day.
When I got back to the Maine Air National Guard, the recruiter was gone. He had quit his full time AGR position, which rarely happens in the National Guard. He was a MSgt and he effectively gave up his career and his retirement. He moved to North Carolina. I was so relieved that he was gone. Again, I did not report because I knew I could potentially lose my career. I let myself become excited about starting my new career. I planned on staying in for 20 plus years and despite being raped and assaulted in the first year of my career, I loved being in the military, I loved my job, and I loved being a part of a family and a team.
I thought I would be safe at the Maine Air National Guard. The Commander put me to work as soon as I got back from Technical School to help me transition back into civilian life and I totally excelled and became a superior performer. As a result, unbeknownst to me my Commander asked my NCOIC to coordinate hiring me as temporary federal technician. My NCOIC notified me and began the hiring process. I was ecstatic beyond belief and made the most money I had ever made for doing a job I loved!
Shortly after beginning my job, I noticed that the Maintenance Superintendent, also my NCOIC, and boss began treating me differently than the guys. It made me feel uncomfortable, because I didn’t want the guys I worked with to be resentful. But, I also knew that I was a great troop, so I ate up all the extra responsibility that was assigned thinking he must recognize that I am a true leader. No, that was not the case at all. Eerily similar to the recruiter, my NCOIC was beginning to set up his attacks. He began assigning me jobs that would isolate me so that he could make his move. He would give me the assignment, then show up unexpectedly to “check in on me,” but instead forced himself on me every chance he got. I could not escape. The abuse escalated over time and he became more abusive the more I resisted and told him NO. His attitude was that I should be flattered that he wanted me. I was in pain. I was there to do a job, to serve my country, why must I deal with this?
The more I fought him off and begged him to stop, the more he would escalate. He regularly forced himself on me, but when I fought back, he called me names and belittled me. He would tell me that my breasts were too small and tell me that it would be in my best interest. I was too scared to report this behavior because he was the Commander’s right hand man. And in the military, rank does come with its privileges including the higher rank you are the more credibility you have with the Commander. After what happened with the recruiter and the technical school instructor, I was already fearful of rank and abuse of authority.
Meanwhile, while my NCOIC was sexually assaulting me and abusing me during the week, there was another National Guardsman, who was considered a weekend warrior, doing the same exact thing to me. I did my best to stay clear of both but they would sneak up on me when I was least expecting it. It was like it became a sick game for them. To this day, I cannot handle anyone coming up behind me or hovering near me. I watched both of them escalate while I felt powerless to do anything about it, if I wanted to save my career. After a while, they did it in front of people as well and nobody said or did anything. Why would bystanders put their career at risk for me? I felt totally isolated.
One night when my NCOIC attempted to rape me in a drunken rage, I started screaming and someone heard me. I escaped but I fell apart. I turned into an emotionless robot. I continued to do a good job but I was dying inside. My attitude began to suffer. I was looking for a way out. One day, one of the professional NCOs in our squadron approached me and said he was concerned about me. I had just received an award for Superior Performer during an Operational Readiness Exercise, but I wanted to get out and he wanted to know why. All it took was that one person showing genuine concern and care for the floodgates to open.
I immediately started crying and opened up to him forgetting that by military law, he was supposed to report any crimes that he became aware of. I begged him not to report because I was afraid that it would end my career. He told me if I did not report that he would. I then reported all four of the perpetrators to my Commander.
The Commander initially doubted me. It was not until after I provided him with proof that he raised from a seated position in anger and screamed with powerful emotion, “he betrayed me.” The Commander then told me he had instructed my NCOIC to hire me because of my excellent work performance. We discussed the recruiter and he admitted he was confused why the recruiter suddenly gave up his career and retirement, but it all made sense to him now. All of these predators appeared to be stellar troops. All of them had histories of sexually assaulting others.
In many ways, I am one of the lucky ones, which is sad to say. My Commander believed me. He did the best he could to handle the case against my NCOIC and the National Guardsman given the complexities involved. He strove to be fair, neutral, and impartial. I was forced to leave the Squadron if I wanted to be safe, while he conducted the investigation. Because he could only investigate on Guard weekends, the case got dragged out for months. While I was isolated at Headquarters, the two predators were able to stay and inject their version of how things went down. They had all that time to convince many in the squadron that I was the bad guy. After they admitted guilt the day prior to the administrative hearing, they were both forced to leave my squadron and I was allowed to return.
Sounds like a success story right? Wrong. My Commander deemed the crimes sexual assault. When the crimes were reported to the Adjutant General for the state, it somehow became sexual harassment. Our only recourse was to file an EEO complaint. I filed the complaints against two of the four perpetrators, because we didn’t have jurisdiction over the Active Duty Air Force Technical School Instructor and the Recruiter had skipped town. I had no one assisting me.
I was contacted by one of the perpetrator’s lawyers both on the phone and in writing. I never responded. While waiting for the investigation to conclude, I was physically attacked by a friend of one of the perpetrator’s. I pressed charges but unfortunately the civilian authorities did not pursue the case. I told my Commander and he said there was nothing he could do because it happened off base. The day before I was to go to the Administrative Hearings for the “trial” of my NCOIC and the National Guardsman both of them copped a plea. They agreed to the punishments that the Commander recommended. The Commander told me they were willing to plead guilty. He asked if I was okay with it so he could proceed with removing them from the Squadron. I was so tired and beat down by this point that I just wanted it to be over. I wanted to go back to work and resume the career that I loved. When I agreed to the terms of the punishment it caused the EEO complaint to be withdrawn. Therefore, the Maine Air National Guard either didn’t have to report the crimes at all to the Pentagon or they could report the crimes as sexual harassment.
The punishment imposed by the Commander was that both perpetrators were permitted to agree to resign in lieu of Administrative Hearings, which would have become a matter of public record. I wasn’t offered the chance to proceed with a court martial. I was glad they were gone, but the reason I pressed charges was to prevent any other woman from having to go through this. My efforts were futile. I was told that because my NCOIC had over 18 years of service that he was allowed to stay in the military until he reached his twenty years. When he reached his twenty, he would be forced out. No sex offender record, nothing. Because we didn’t have as much evidence against the other perpetrator, the National Guardsman, he was kicked out of the Maine Air National Guard and given a Letter of Reprimand (LOR). He was discharged honorably; he joined the New Hampshire Air National Guard. Ironically, the last time I saw him he was in charge of a training conference I was attending and he was a MSgt working at the Pentagon. Both of these perpetrators retired with full military benefits. Meanwhile, I was retaliated against by the enlisted Chain of Command.
In 2006, the NCO in the Maine Air National Guard, who had me physically beat, was found guilty of manslaughter and leaving the scene of an accident in another case. But because he had a top-secret security clearance he somehow got off. And as I went back to my squadron, I had to work with this man. I tried to pull myself together and continue with my career, but instead I was met with resistance from almost everyone I encountered. I was the bad guy, because I made the predators lose their jobs. As a cruel joke, men literally hugged the wall as I passed by pretending I might falsely accuse them of assault. I was treated like a leper. I was pulled from leadership positions. I was denied training I needed to become eligible for my SSgt stripe. I continually asked to complete my training and was called a spoiled brat, by the Officer in Charge. And I was assigned menial tasks that isolated me. By this time, the Commander who investigated the case had been promoted to Headquarters and a new Commander was in charge. He depended heavily on the enlisted chain of command and was willing to sell me out for the mission.
I felt like an outcast and people did not hide their disdain for me. I had no more fight left in me. I didn’t want to give up my career, so I transferred to the Massachusetts Air National Guard, which was a four-hour drive one way. It was the only way to continue my career progression and promotions. I needed to remain in the same career field, at least until I was a TSgt.
I went from one snake pit to another. My old squadron called up my new squadron and informed them that I was a “troublemaker.” A person, in my enlisted chain of command, shared this with me when I asked why everyone in my Chain of Command was treating me so badly. I was met with resistance from the get go, despite the fact that I was a super troop and worked very hard at my job. While serving at the Massachusetts Air National Guard, I experienced gender discrimination. I was held to double standards. If others came in late, it was no big deal. If I came in one minute late, I was getting hauled into an office for a big meeting with 3 or 4 people. My new Commander recognized my skills and considered me a subject matter expert. He even hired me during the week to help keep things running smoothly because of the multiple deployments the squadron endured after 9/11. I helped keep things running smoothly back home and continued to train all the new airmen that came into the squadron. We had a lot of folks leave after their first deployment and the only ones left were the ones who wanted to be there. As a result, we got a lot of new airman.
My new squadron Commander recognized that I was a superior performer and promoted me to SSgt shortly after transferring to that base. The Maine Air National Guard would not give me my SSgt stripe claiming that I lacked leadership skills, despite the fact that I was an Airman Leadership School instructor, not only met the standards but exceeded them, including going to Airman Leadership School in person, unlike a lot of National Guardsman. And, I had to fight the Massachusetts Air National Guard for my TSgt stripe despite the fact that I had not only met the standards but also far exceeded them. I had become a very effective satellite communications trainer and had a record set up time. The straw that broke the camel’s back was the day that my NCOIC told me that he was going to make one of the Airman that I trained the Team Chief. I had 8 years in the field, while this airman had only two. I demanded to see the First Shirt regarding this issue because I didn’t want to turn this into an EEO issue.
My Chain of Command eventually acquiesced and gave me my TSgt stripe and the Team Chief position. I was the most qualified to do the job. But, this job came with big consequences. Instead of supporting me in my position, I was overworked, blamed for things out of my control, and not respected. I was left with no support or direction so I had to come in during the week and teach myself. After teaching myself, I would then create standard operating procedures to help train my troops. I always trained myself out of a job because I took serving seriously. If anything was to happen to me, I needed to have people that could seamlessly pick up where I left off.
After months of setting me up to fail they threatened to pull my TSgt stripe from me as a punishment for “substandard performance.” They had been planning it for quite some time because by this time, they had the Commander on their side and I didn’t stand a chance. As a result, I filed an EEO complaint against my NCOIC for gender discrimination. I chose to report informally because I had been through a formal reporting process before. I did not have the energy.
My Commander conducted his investigation and determined that my allegations could not be substantiated, but in the same breath told me that I could have anything I wanted. All I wanted was to go to my planned NCO Academy School and be transferred out of that squadron. I also no longer wanted to work for my abusive and belittling boss and refused to return back to satellite communications. Again, not a huge victory but at least I was able to escape that horribly oppressive environment. By this time in my career, I was beginning to unravel and feel completely ready to break. I decided to transfer back to the Maine Air National Guard and this time I chose a critical career field where women might be treated a little better than in the maintenance field. My boss was promoted to SMSgt shortly after.
I met my husband at Keesler while attending another training school in 2001. We finally made the commitment to one another in 2005 even though I realized I was severely damaged by the rape, sexual harassment, sexual assault, abuse, retaliation, and gender discrimination. Love is the only thing that pulled me through this relationship, because I was literally incapable of having interpersonal relationships. I was hardened, damaged, hyper vigilant, and defensive.
Because of him, I reached out to the VA when I found out that they finally were treating Military Sexual Trauma. I have been getting counseling and treatment at the VA since 2006. As a result of getting that help, I was forced to list on my security clearance form that I was receiving counseling for military sexual trauma. The security clearance folks wanted a release of information signed so they could gain access to my medical records from the VA. I signed them, out of fear. But, then called the VA and revoked it, essentially ending my career. I did not want to jeopardize my future career opportunities because I had been labeled and diagnosed with PTSD from military sexual assault.
After being medically retired from the Air Force for PTSD due to MST, I felt like a fish out of water. I had no purpose in life. I was taking a ton of prescription medications, to help me feel less angry, depressed, and help me live without constant anxiety and fear. I felt like I had lost my life’s dream and there was no reason to live anymore. I came very close to ending my own life, because I felt broken, damaged, and unsure of myself. I literally felt like I was invisible and what I thought or felt did not matter. I wanted to die because I basically got fired for being raped.
Working with veterans and active duty personnel who are victims of military sexual assault, I came to recognize that I had been shamed into silence. My fellow veterans helped me find my voice again.
If anyone ever tells you that women are the weaker sex, don’t you believe it.
Preview: Growing up, Eric Witte’s father taught him to protect his family. But when his father became increasingly violent, Eric realised that his father was the evil his family needed protection from. -She Made Me Do It, Evil Lives Here (S2, E2)
As a boy, Eric Witte’s father taught him to protect his family. But as his father grows increasingly violent, Eric realizes that he is the evil his family needs protection from. -She Made Me Do It, Evil Lives Here (S2, E2)
Editor’s note: With a cable subscription, you can download the free ID Go app and watch Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $3.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict. Download the ID Go app or purchase ID True Crime Files & binge away.
“Our daughter was taught to trust the uniform.” -Retired Chief Navy Petty Officer
DNA evidence linked Army officer 1st Lt. Aaron Lucas to a string of child sex crimes in three states: Colorado, Alabama, and Texas. Aaron Lucas was a 4th Infantry Division Army artillery officer stationed at Fort Carson, Colorado. He is married with two children. According to reports, Lucas had a glowing resume and received countless awards including the Bronze Star after a deployment to Afghanistan. On October 23, 2012 Aaron Lucas was arrested by Colorado civilian authorities and accused of indecent exposure, kidnapping, and rape of children during the 2009-2012 time frame. He was also accused of committing child sex crimes in Alabama in 2007 and Texas in 2009. 1st Lt. Lucas was charged with 20 counts of sexual abuse in Colorado. It appears that Lucas preyed on and targeted children in the nearby communities while stationed at Fort Carson. Some he kidnapped and raped. Investigators also noted that Lucas was linked to 11 attempted abductions in Colorado and all the crime appeared to cease when he was deployed to Afghanistan. Victim testimony revealed that Lucas attacked most of his victims while in military uniform. Aaron Lucas has an identical twin brother Brian whose DNA is a near identical match to his. Therefore Aaron attempted to use the ‘evil twin defense’ and blamed the crimes on his brother who was also accused of committing his own list of crimes. Although investigators concluded that there was no evidence uncovered to link Brian Lucas to the crimes as he wasn’t even in the same states where the crimes occurred. In November 2013, Aaron Lucas dropped the ‘evil twin defense’ and pleaded guilty to the crimes prior to the trial because he loved his family and didn’t want to put them through it. He also begged the judge to get him treatment. The defense noted that it is difficult to argue someone else committed the crimes when you can’t put the person at the scene of the crime. Prosecutors argued that treatment does not work for someone who repeatedly and deliberately makes the decision to prey on children. Aaron Lucas was sentenced to 20 years to life. In his defense, Aaron’s father claims his son is a hero and that combat stress prompted the crimes. According to his father, Lucas is also a victim of sexual assault. In other news, Brian Lucas was convicted of sodomy and sexual abuse charges in February 2015 in Alabama.
Preview: The Ballad of Billi-Jo, True Crime with Aphrodite Jones (S4,E9)
On May 29, 2007, Billi Jo and Wayne Smallwood experienced a fire in their Fort Campbell, Kentucky home. They had three children living with them at the time of the fire: Sam, Rebekah, and Nevaeh. The neighbors ran outside to see what was going on only to find a chaotic scene. Wayne was on the ground with a broken ankle and Billi Jo was still on the roof attempting to escape the smoke and fire and screaming for help; she was holding her 14 month old Nevaeh. After passing the child down to firefighters, Billi Jo was reluctant to get off the roof because her other children were still in the home. Firefighters entered the burning home and found Rebekah but she was already dead and Sam was still alive when they carried him out of the house but he wasn’t stable enough to fly to the burn unit in Nashville. He died of his injuries at the local hospital. Billi Jo was airlifted to a Nashville hospital with second and third degree burns on her legs and one of her arms. Wayne arrived later in Nashville with a shattered ankle.
Before the fire, Wayne and Billi Jo had a pretty normal life. Wayne returned from his first deployment to Iraq nine months earlier. Like most military families, the Smallwood family struggled with their finances and the stresses of military life too. Both Billi Jo and Wayne had children from other relationships. Rebekah and Sam were Billi Jo’s kids and they stayed with her and Wayne’s son Cote lived with his mother. And just over a year before the fire, the couple had their own baby together: Nevaeh. Local authorities brought in federal authorities to investigate the burned out home. They found that one of the smoke detectors had been taken down and placed on a baby highchair. ATF also found a partly burned spout on a gasoline can. They brought in a working dog and the dog discovered an accelerant; the ATF believed gas had been used to start the fire and this was arson. They also found the Smallwood’s car had been vandalized, all the tires had been slashed, and someone left a threatening note keyed on the car.
Investigators interviewed Billi Jo and Wayne Smallwood in the hospital. Billi Jo told them earlier in the day they had driven back from Georgia after visiting Wayne’s family. On this day, Wayne was being especially nice to Sam which was atypical because he was usually pretty hard on him. According to Billi Jo, when they returned home, Wayne took the last of the cash and headed down to a bar on base to drink with his friends; the couple struggled financially. Billi Jo claims that while Wayne was gone, a man called the house threatening to harm Wayne. Billi Jo called the military police to report the threatening phone call, then she called Wayne at the bar. Instead of rushing home to check on his family, Wayne stayed at the bar. The MP’s checked in with Billi Jo but they told her soldier’s quite often played pranks on one another. Eventually, Billi Jo fell asleep with Nevaeh and Wayne fell asleep with Rebekah. When Billi Jo realized the house was on fire, she grabbed Nevaeh so they could get to safety yet Wayne jumped from the second story floor without any of the children.
ATF Agents interviewed the Smallwood’s small circle of family and friends to see if they could find anyone who had a reason to commit this crime. They learned that Wayne was embroiled in a contentious custody battle with his ex-wife. According to Billi Jo, Wayne had recently met with his ex-wife about their son and it lead to an argument; the two fought often. In the meantime, arson investigators determined that because all the locks were engaged downstairs, someone from inside the house had to have started the fire. Agents scrutinized both Billi Jo and Wayne looking for any inconsistencies. Billi Jo told them she went to Wal-Mart earlier in the evening to pick up some items for the baby but when they checked surveillance footage, there was no sign of Billi Jo at the Wal-Mart. When investigators questioned her about the inconsistency, she told them that it was a K-Mart, not Wal-Mart. The second time Billi Jo told the investigators what she bought, it included a gas can. This was a disturbing revelation but Billi Jo’s explanation was simple: military members are fined if they don’t mow the grass.
Billi Jo Smallwood
Samuel Fagan (9)
Rebekah Smallwood (2)
Prosecutors wanted to prove that Billi Jo torched her home on base in an effort to kill her husband Wayne and collect the $400,000 life insurance pay-out. When constructing their arguments, they noted that the Smallwood’s already had a couple gas cans in the back yard therefore Billi Jo didn’t need to purchase another one. Billi Jo said she forgot to bring a gas can with her when she ran errands and it was easier to just buy another one. ATF Agents visited K-Mart and learned that BJ had in fact visited the store that day. They also learned that the the nozzle on the gas can she bought matched the one found in the fire. And although Billi Jo said she needed to mow the grass, it had not been mowed that day. Federal investigators suspected someone who lived in the house started the fire so they interviewed Wayne and gave him a polygraph; he passed. In a separate interview, Billi Jo admitted she saw blue flames and this was a moment of revelation for the investigators because you are only going to see blue flame when the fire is first lit.
Billi Jo and Wayne argued a lot and Billi Jo testified that Wayne had a violent side too. Billi Jo admitted to confronting Wayne numerous times about his inability to manage money; Wayne’s gambling caused problems too. Investigators theorized Billi Jo had enough of Wayne and this was her motive. On the same night as the fire, the Smallwood’s were overdrawn on their bank account and Wayne had spent the last of their money on alcohol. If Wayne died in the fire, Billi Jo would receive $400,000. Hoping to find out who made the threatening phone calls, prosecutors subpoenaed the telephone records and found no threatening call had been made. Billi Jo says there was a phone call but the phone company said their records are almost 99% accurate. Prosecutors believe everything that comes out of Billi Jo’s mouth is a lie. Billi Jo’s injuries to the legs and one arm were also suspicious. They believed these burns were caused when a fire was ignited in front of her; they believe she was kneeling when she lit the fire.
In preparation for trial, the remains of the Smallwood’s home were removed and taken to a crime lab. It was at this time that forensic experts found overlooked evidence. They determined that the dining room window had been up about 6-8 inches at the time of the fire. This information damaged the prosecution’s theory to an extent because Billi-Jo believed a stranger entered the home and started the fire. The investigators believed either Wayne or Billi Jo started the fire because the house was locked up. Prosecutors moved forward with Billi Jo as their prime suspect because of her connection to a gas can and a financial motive to kill her husband. The prosecution took a look at the intruder theory and couldn’t understand how an adult got through the window and didn’t break or knock anything over. Investigators deduced it was highly unlikely that an intruder would enter the home and not alert the family dog.
Six months after the fire, Billi Jo reported that Wayne was acting erratically and in November 2007, he attacked Billi Jo with a knife. He was convicted of assault and spent eleven months in jail. Billi Jo and Nevaeh move to Georgia with her mother. Two weeks after Wayne was released from jail, Billi Jo was arrested for setting the fire that killed her two children Sam and Rebekah. Five years after the fire that killed Sam and Rebekah, Billi Jo went to trial. The prosecution claimed Billi Jo’s motive was to kill her husband for the life insurance money but the plan backfired and she accidentally killed two of her children. In court, the defense attacked the prosecution’s circumstantial evidence but the jury wasn’t buying it. Billi Jo Smallwood was found guilty and sentenced to twenty-five years in federal prison. Billi Jo’s mother believes she is innocent and that someone out there knows something.
Source: The Ballad of Billi-Jo, True Crime with Aphrodite Jones
Investigation Discovery:
ID Go: When a house fire takes the lives of Wayne and Billi Jo Smallwood’s two young children, everyone on the Fort Campbell military base is grief-stricken for them. But when it turns out the fire was intentionally set – grief turns to outrage. -The Ballad of Billi-Jo, True Crime with Aphrodite Jones (S4,E9)
Editor’s note: With a cable subscription, you can download the free ID Go app and watch all of the Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. Download the ID Go app and binge away. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $2.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict.
“The Pentagon has announced new steps to deter assaults and make it easier to prosecute offenders, a move that follows President Obama’s recent remark that sexual assault “has no place” in the U.S. military.
Still, many victims believe it will be difficult to change a military culture that makes it tough for the victims to report these crimes. For victims, the nightmare starts with the attack. Many say that things get worse when they try to do something about it.”
“We anticipate maybe about 14 or 15 percent of people who have been sexually assaulted come forward to report.” -Air Force Maj. Gen. Mary Kay Hertog
Preview: Joan wants to kill her husband, and her daughter may be the perfect hitman. -Behind the Picket Fence, Scorned: Love Kills (S1, E1)
An Army Major lay lifeless in his bed, shot twice at close range while sleeping next to his wife. Investigators would soon uncover an intricately planned murder plot involving sex parties, adultery and coercion. -Behind the Picket Fence, Scorned: Love Kills (S1, E1)
When Special Forces Major David Shannon is fatally shot in his family home, investigators wonder if his job made him a target. But a deeper inspection of his personal life reveals sordid secrets… possibly leading to his murder. -She Loves Me Not, Married with Secrets (S2,E3)
Editor’s note: With a cable subscription, you can download the free ID Go app and watch Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $3.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict. Download the ID Go app or purchase ID True Crime Files & binge away.
U.S. Army Ranger John Needham, who was awarded two purple hearts and three medals for heroism, wrote to military authorities in 2007 reporting war crimes that he witnessed being committed by his own command and fellow soldiers in Al Doura, Iraq. His charges were supported by atrocity photos which, in the public interest, are now released in this video. John paid a terrible price for his opposition to these acts. His story is tragic. –On the Dark Side in Al Doura (December 17, 2011)
After watching the 2011 documentary ‘On the Dark Side in Al Doura’ which profiles the case of Army Private John Needham, one can clearly observe the similarities to ‘The Kill Team’ PBS documentary released in 2014. On the Dark Side in Al Doura interviewed Michael Needham, the father of John Needham, who was an Army whistleblower from Fort Carson, Colorado and reported witnessing war crimes and atrocities in Iraq; The Kill Team profiled Adam Winfield, an Army whistleblower from Fort Lewis, Washington who witnessed and tried to report the same war crimes and atrocities in Afghanistan. For the sake of preservation, both John Needham and Adam Winfield admitted feeling pressured to conform or risk their own lives if they didn’t. They both felt like they were being set up to die or participate in the war crimes. Both soldiers at times felt like suicide was their only way out because there was no safe place for them to report overseas nor could they escape the situation. If they made it out of the war zone alive, the return home didn’t fair well for them. The PBS documentary ‘The Wounded Platoon’ released in 2010 reveals the impacts the wars overseas had on Fort Carson soldiers. After watching these three documentaries, it’s clear why our soldier’s combat experiences traumatized and changed some of them. They not only had to fight a credible threat on the battlefields but some were betrayed by the very team they depended on for their lives.
Michael Needham takes us through the series of events that occurred in the course of John’s short Army career. He shared how John was the fifth generation in the family to fight in a war. John volunteered to join the Army in the spring of 2006, went to Fort Benning, Georgia for training, and then got stationed at Fort Carson. John was an Army Ranger assigned to the 212th, 2nd Combat Team, 12th Regiment, 2nd Infantry Division. He was part of the infamous team known as the ‘Lethal Warriors’ which now appears to be disbanded. Part of his initiation into his new band of brothers was fighting other soldiers to determine where one fell in the pecking order. John held his own in the fights and was respected for his wins. According to John, the soldiers that didn’t fair so well in the fights were ‘smoked’ by leadership and peers, which ultimately forced them to leave, quit, or commit suicide. In October of 2006 John was deployed with his Fort Carson team to Al Doura, Iraq. His team was assigned to the Quarter Cav which was known for having some of the deadliest fights in the Iraq war.
Private John Needham, U.S. Army
John was a good soldier. He worked hard, saved lives in Iraq, and was awarded three medals for heroism and two Purple Hearts. John excelled as part of team, was brave, and his resilience was admirable. But during the course of John’s deployment, he witnessed war crimes and other atrocities committed by leadership and his fellow soldiers that affected his morale. John would also admit that initially he wasn’t quiet about it and when he did question superiors, he was told he didn’t have the right to question leadership. He didn’t dare report the war crimes via e-mail or telephone because he knew leadership could monitor everything. So for the sake of preservation and life’s sake, he did what he had to do to get by and stay alive. John would share that the Army was short of personnel so most of the soldiers got driven into the ground and deprived of sleep. After awhile John felt that he was forced into committing war atrocities that were illegal but feared if he didn’t do it, he would become a liability to the team and ultimately a casualty of his own people.
One night John was sent out on a mission with a Lieutenant (who did not commit war crimes yet remained silent). John thought this was unusual because they didn’t usually get sent out in pairs. They were ambushed by three shooters in the middle of the night who were determined to see them dead. When the shooting began, John pushed the Lieutenant to safety and kept the shooters at bay. He shot every round he had and when he was almost out of ammunition, he called the 212th for back-up on the radio but nobody answered him. Luckily another team was nearby who did answer him and was able to extract the soldiers from the situation and save their lives. It would be this incident that would break John’s spirit. He immediately suspected that he and the other soldier were sent on this mission to be killed. When he got back to the base, he began yelling “Why did you set us up?” And “If you want to kill me, kill me to my face!” But nobody acknowledged him so he went back to his tent where he decided that he would commit suicide. John was exhausted, irate, and he saw no way out. He didn’t want to live anymore. He felt that committing suicide was his only way out. John put a handgun to his head but just as he got ready to pull the trigger, his roommate dove and pushed the gun away from his head. The gun discharged and put a hole in the wall. Soldiers immediately began ascending upon the area. According to John, once leadership learned what happened, they held him down and beat him then locked him in captivity in a small room. The Battalion Commander was the one who kept John captive yet he didn’t press any formal charges.
John’s father Michael learned through John’s friends in Afghanistan that John was being held captive by the Battalion Commander. They were concerned about him. John’s family was already concerned about John’s earlier e-mails and posts on MySpace because it sounded like he had given up, which was not like him. With this information Michael Needham contacted Army commands, Fort Carson, Congressional leaders and the Army Inspector General (IG). He reports that the only office that took him seriously at the time was the IG. Michael was trying to save his son’s life. He told the IG that he didn’t want him to die. The IG’s office shared a list of rights for both John and Michael. And it was at this time Michael learned that he had third party rights and could intervene and act on John’s behalf. Michael was finally able to get in touch with the Battalion Commander only to learn that John was being treated like a criminal. The Battalion Commander informed Michael that John committed crimes and was being sent to prison in Kuwait. But Michael was able to intervene and get the Command to send him to medical instead. Medical determined that John was severely injured both physically and mentally. He had significant back injuries from the multiple explosions and blasts, shrapnel in his body, Traumatic Brain Injury, and Post Traumatic Stress Disorder. Army medical in Iraq referred John to medical in Germany and from there he would be sent to Walter Reed Army Medical Center in the states. But not before the Battalion Commander would put up one more roadblock. Instead, Michael Needham won this battle and John was flown to Germany.
Eventually, John was sent to Ward 54 which is the psychiatric ward at Walter Reed. Michael shared that John appeared to like the psychiatric help he was getting. A month into John’s stay at Walter Reed, he was informed that the Iraq Battalion Commander contacted the 212th Command in Colorado and requested that John be sent back to Fort Carson where he was facing criminal charges including unlawful discharge of a weapon. They were making him go and sent armed guards to accompany him back to Fort Carson. Michael Needham tried to intervene with the 212th at Fort Carson but they said they couldn’t do anything because they had orders from the Battalion Commander. John was sent back to Fort Carson and the harassment he endured in Iraq continued with the 212th in Colorado. John shared that they mentally tortured him, banged on his barracks door, stole his things, and isolated him. It was at this time Michael elicited the help of a veteran advocate Andrew Pogany who went to the command in Colorado and held these people personally accountable. Andrew helps soldiers in John’s situation because he understands how important it is to intervene. John could not get the kind of help that he needed at Fort Carson. Michael shared that the soldiers could see a professional once a week if they were suicidal and once a month if they were not. John’s father wanted him transferred to a Naval Medical Center in San Diego for intensive treatment and so he could be closer to home. Andrew helped make that happen.
Michael began to understand the impacts the war had on his son after John got back to California. John couldn’t handle driving above 35 mph, was suspicious of trash on the side of the road, and was easily startled by loud noises. He could not function in public and suffered with what is known as flashbacks. The Naval Medical Center in San Diego recommended that John get surgery on his back right away. They warned him that he could become paralyzed if he didn’t get the surgery. In the meantime Johns father spoke candidly with one of the Navy doctors about the treatment John received both in Iraq and at Fort Carson. He reiterated that he was concerned about his well being and asked him to help him find a way to prevent John from being sent back to Fort Carson, Colorado. Michael Needham feared that if John got sent back to Fort Carson that he would not return. This doctor agreed to help John. And Andrew Pogany recommended that John report the war crimes to the Army in an effort to protect John from being complicit and implicated in the future. John reported to the Army that he witnessed both leadership and peers killing innocent Iraqi civilians during the October 2006 to October 2007 timeframe in and around Al Doura. It wasn’t long after John made the report that all the charges against him were dropped and Fort Carson gave the necessary approval to transfer him to Balboa Naval Command. John went in front of the medical board and was medically retired for Post Traumatic Stress Disorder, Traumatic Brain Injury, and back injuries. He was discharged honorably from the Army. The Army investigated John’s claims but concluded that no war crimes were committed.
Michael and John won a lot of battles with the US Army but soon they would lose the war. Just days after John was discharged from the Army, he would be accused of beating his new girlfriend to death with his bare hands. John Needham was charged with the murder of Jacqwelyn Villagomez and jailed for ten months until his family raised enough money to get him out on bail. John was not given treatment while jailed so the family was motivated to get him out so he could get the treatment he needed. John did in fact follow through with getting treatment and he learned a lot about himself in the process. He spent some time on camera talking about how the combat stress and the betrayal from his team impacted him. He talked about how he didn’t realize the significant impacts from Post Traumatic Stress Disorder and Traumatic Brain Injury. John recognized how PTSD and TBI did in fact play a role in his fight or flight response mechanisms and that it may be because these conditions went untreated that he disocciated, snapped and beat his girlfriend to death. The two were in a heated argument after Jacqwelyn attacked one of John’s female friends. Both of them were volatile but unfortunately there were no witnesses to the event as John’s friend was outside the home calling the police to report Jacqwelyn. While John was awaiting trial, he went to Arizona to get another surgery and visit with his mom. On February 19, 2010 following treatment at the Department of Veterans Affairs, John would be found dead in his room from an overdose on painkillers. The cause of death at autopsy was considered undetermined and it is unclear if John accidentally overdosed or committed suicide.
Brig. Gen. Stephen Xenakis, M.D. (Ret.), a former top military psychiatrist who until recently was a consultant to the Joint Chiefs of Staff, told us: “[TBI ]most sensitively affects executive functioning, that part of the brain that we use for judgment and we use for decision making … when we are in situations of intense emotion. So if a person is affected neurologically … they don’t have the controls that they had before. … They can’t think as clearly. …They are really vulnerable to just reacting, overreacting, particularly maybe doing something that they had done when they’d been in combat.” –The Wounded Platoon
As a parent, Michael Needham has questions for the Army. Why don’t they even recognize the problem? Why don’t they take care of the soldiers? And why did they leave his son John Needham behind? The documentary ‘On the Dark Side in Al Doura’ concludes with the reminder that since the Patriot Act was passed and Dick Cheney declared that we needed to go into the shadows, the definition of torture has been blurred. The Abu Ghraib prisoner torture and abuse scandal erupted under the Bush administration in 2003 but no war crimes have been investigated under President Barack Obama’s administration. If the rule of law has been lost, what do we have? Our military personnel have a responsibility to abide by the rules established by the Geneva Conventions. John Needham and Adam Winfield both reported witnessing innocent civilians murdered by their fellow leadership and peers in Iraq and Afghanistan. They both also shared the impact the crimes had on their mental health and morale. They wished they could have reported the crimes to someone who would have listened and understood that their lives were in danger. We can learn a lot from John Needham and Adam Winfield; they have experienced what it’s like to be a whistleblower in the US Army. They have clearly illustrated what toxic leadership in the Army looks like and how whistleblowers in the US military have nowhere to turn.
NPR: Pentagon Revamps Rules On Reporting Sex Crimes
MILITARY JUSTICE FOR ALL 