Fort Carson Army Soldiers Noel Acevedo-Mercado and John Donathan Accused of Raping Colorado Teen; Donathan Died Just Weeks Before Trial (2014)

Fort Carson Army soldiers Spc. Noel Acevedo-Mercado, 21, and Pfc. John Donathan, 20, were charged with the rape of a 17-year-old girl on October 4, 2014 in Colorado Springs, Colorado. Prosecutors alleged the pair met the girl at a party on Gold Camp Road and later attacked her in a bedroom of her home. According to an arrest affidavit, the girl said both men held her down during the assault and changed positions when one of them said “switch.” Court records indicated both Acevedo-Mercado and Donathan were freed on $50,000 bail. Three weeks before John Donathan was due to stand trial, an obituary indicated he died on March 15, 2015. The cause of death was not specified and the local coroner’s office said they were not notified. Acevedo-Mercado was scheduled for a July 12, 2015 trial on three counts of sexual assault and if convicted, Acevedo-Mercado could face up to 24 years in prison. Reports indicated that it was most likely that Acevedo-Mercado would agree to a plea agreement but no further details are available at this time.

Related Links:
Two Fort Carson Soldiers Accused Of Rape
2 Fort Carson soldiers accused of raping teen after party
Fort Carson soldiers accused of raping Colorado Springs teen after party
2 Fort Carson Soldiers Accused Of Raping High School Student
Fort Carson soldiers accused of raping Colorado Springs teen
Two Fort Carson soldiers charged with rape
Two Fort Carson soldiers charged with rape of 17-year-old girl
Fort Carson soldiers charged with raping 17-year-old girl at party
2 Fort Carson soldiers accused of raping 17-year-old girl after party
Fort Carson soldiers accused of raping teen plead not guilty
Two Fort Carson soldiers accused of raping teen plead not guilty
Fort Carson soldiers accused of raping teen plead not guilty
Trial date set for Fort Carson soldiers accused of raping teen
Trial date set for Fort Carson soldiers accused of raping teen
Plea deal could be in works for accused Fort Carson soldiers
Plea deal could be in works for Fort Carson soldiers accused of raping Colorado Springs teen
Ex-Fort Carson soldier charged in rape died weeks before trial
Violent Crime, Suicide and Non Combat Death at Fort Carson, Colorado (US Army)

United States Air Force Court of Criminal Appeals Overturns the Sentence of Lackland Basic Military Training Instructor SSgt Eddy Soto (2014)

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SSgt Eddy Soto, US Air Force

“Soto faced as much as life without parole for the rape, one of six charges and eight specifications of misconduct.” -My SA

SSgt Eddy Soto was a basic military training instructor at Lackland Air Force Base in Texas. Soto was one of the 35 instructors courts martialed in what is referred to as the Lackland Sex Scandal. SSgt Soto was accused of unprofessional relationships, adultery, and the rape of one airman whom it appeared he had a relationship with. Investigators learned of the relationship Soto had with the airman who accused him of rape as part of a widespread probe into MTI misconduct. Soto faced life without parole but prosecutors asked for 12-15 years. Soto pleaded guilty to five charges and admitted that he had unprofessional relationships with a trainee and a civilian who had come to the base to see her husband graduate from basic training. He also admitted to adultery charges but he denied the rape accusation. He was convicted and sentenced to four years in prison in March 2013. After his confinement ended, he would be dishonorably discharged from the Air Force. Soto was the second instructor convicted of rape in the scandal. SSgt Luis Walker was the first conviction and he received 20 years for the rape of one airman and sexual assault of several others.

In an exceptional ruling by the Air Force Criminal Court of Appeals, Soto’s conviction for rape was overturned in Sept 2014. The military appeals court ruled the evidence was “factually insufficient” to support the conviction. In other words, there wasn’t enough evidence to find him guilty in the first place. The appeals court upheld the lesser charges of unprofessional relationships, adultery, and false official statement. The judge ruled the four year sentence and dishonorable discharge should be set aside and the case was referred back to the convening authority who had the authority to hold a new sentencing hearing. Soto remained jailed at the Naval Consolidated Brig Miramar in California while the government decided whether to ask the appeals court to reconsider their ruling. SSgt Eddy Soto served over a year and a half for a rape conviction that lacked evidence beyond a reasonable doubt. Media reports stated Soto would be re-sentenced by a lower court for unprofessional relationships, adultery, and false official statement. Further on-line research did not find evidence of the final disposition of SSgt Soto’s case. We do not know if he was re-sentenced, released from prison and when, or if he was discharged from the military.

The findings of guilty for Charge III, Specification 1 are set aside and dismissed. The remaining findings of guilty are affirmed. The sentence is set aside. The record of trial is returned to The Judge Advocate General for remand to an appropriate convening authority who may order a rehearing to determine an appropriate sentence for the affirmed findings of guilty. If the convening authority determines that a rehearing on the sentence is impracticable, the convening authority may approve a sentence of “no punishment” or dismiss the remaining charges and specifications. –USAF Court of Criminal Appeals

Related Links:
General admits failure in Lackland sex scandal; 32 alleged culprits
Cross-Cultural Expert Brought In For Lackland Court-Martial
Lackland trainer handed 4 years in rape
Lackland sergeant found guilty in rape case
Air Force instructor gets 4 years for raping trainee
Air Force trainer convicted of raping ex-trainee
Air Force trainer found guilty of raping cadet in Lackland base abuse scandal
US v. SSgt EDDY C. SOTO, US Air Force, ACM 38422, 16 September 2014
Court throws out Lackland trainer’s rape conviction (San Antonio Express)
Court throws out Lackland trainer’s rape conviction (Stars & Stripes)
Air Force appeals court tosses MTI rape conviction
Military overturns Lackland Air Force Base rape conviction
SSgt Eddy Soto Court-Martial Conviction for Rape Set Aside by Air Force Appellate Court
The Lackland Air Force Base Sex Scandal, Texas (2011)
A Complete List of the 35 Basic Military Training Instructors Court Martialed in the Lackland Air Force Base Sex Scandal

NBC Bay Area: California National Guard Military Sexual Assault Bill Becomes Law (August 21, 2014)

Air National Guard SealA new law passed today removes sexual assault investigations and prosecutions from the military chain of command.

California has just made a major change in the way sexual assault allegations are investigated in the state military department. On Thursday, Gov. Jerry Brown signed a bill that requires sexual assault cases to be investigated by outside civilian law enforcement, not by military commanders.

See NBC Bay Area video here.

Related Links:
NBC Bay Area: California National Guard Culture Questioned (November 14, 2012)
NBC Bay Area: California Guard Tries to Serve Firing Papers to Member After Suicide Attempt (June 25, 2013)
NBC Bay Area | Military Women: We Got Fired for Being Raped (August 21, 2014)

UPI: Sexual assault in U.S. military reflects culture of bullying (2014)

Stop the Bully

ALEXANDRIA, Va., March 19 (UPI) — The acceptance of bullying in U.S. culture contributes to sexual assault in the armed forces, experts say.

Mary Ellen O’Toole, editor-in-chief of Violence and Gender and retired FBI profiler and criminal investigator analyst led a roundtable discussion with Christopher Kilmartin of the U.S. Air Force Academy and Col. Jeffery Peterson of Center for Naval Analyses in Alexandria, Va., discussed specific factors that likely contribute to the sexual assault problem.

“The evidence is that the population of people who come into the U.S. military have more experience with sexual assault than the general population, both as offenders and as survivors. Survivors are at statistically increased risk of being revictimized, and offenders are at an increased risk for reoffending,” Kilmartin said at the roundtable.

Read more here.

VOR America: Jennifer Norris Discusses Sexual Misconduct in the Military (2014)

The Real News: Senate Unanimously Passes Sexual Assault Bill, But What Will it Change? (2014)

Jennifer Norris: Senate bill will still keep military sexual abuse cases within the chain of command of the military, leaving victims vulnerable to retaliation

Military Justice Improvement Act Falls Short of Votes & Substance

xl_deptofdefenselogoThe MJIA fell short of the votes it needed to pass in Congress. But it’s really nothing to get upset about because the bill falls short of substance.

The MJIA had good intentions. It gave the victim a different place to report other then an immediate supervisor or the Commander. It would have allowed victims to report to a military prosecutor instead. The bill also included all violent crimes, ie sexual assault, domestic violence, and murder.

But in reality, how is that going to work? There aren’t enough military prosecutors to report to. There was one, maybe two in the State of Maine JAG office and they were located hours if not days away from some of the places we trained and deployed.

Continue reading “Military Justice Improvement Act Falls Short of Votes & Substance” →

Senator Collins speaks in support of efforts to address military sexual assault

WASHINGTON, D.C. – U.S. Senator Susan Collins spoke on the Senate floor today in strong support of legislation coming before the Senate that would address the crisis of sexual assault in the military.

“Since 2004, I have been sounding the alarm over the military’s ineffective response to the growing crisis of sexual assault in the military, including the need to ensure appropriate punishment for the perpetrators, to provide adequate care for the survivors of such reprehensible crimes, and to change the culture across the military so that sexual assault is unthinkable,” said Senator Collins, who first raised this issue during an Armed Services Committee hearing ten years ago.

In her remarks on the Senate floor, she singled out for praise the courage of two Mainers who have come forward to tell their stories.

“I also want to acknowledge the courage and conviction of Jennifer Norris and Ruth Moore – two Mainers who were sexually assaulted while serving and have made it their mission to change the broken system that does not put victims first. Through their advocacy, they have helped to shine a light on this crisis and deserve our gratitude.”

Senator Gillibrand Invited MST Bully to Present to Congress

 

Today, JA is wheeling his way to DC to tell Congress his story. What’s interesting about this is that he circumvented the process and went directly to Gillibrand to get his voice heard after attempting to discredit other women veteran survivors. Obviously his story of being bullied by MST advocates was compelling. Here is the truth. JA is the one bullying others. He bullies women veterans AND other male veterans.

He misleads the public into thinking he is one of the war wounded. His modus operandi is to make others feel bad for him in a rouse to gain sympathy. He is really good. But this is the definition of a con man regardless of what happened to him the past. Rapists are survivors too. That doesn’t excuse their inappropriate, illegal behavior.

JA is the definition of Stolen Valor. He conveniently leaves out of all of his media presentations asking for free shit and attention that he is in a wheelchair after a failed gunshot to the stomach area. He in fact paralyzed himself after shooting himself. Why is he a priority over the war wounded?

While Jeremiah is leading others to believe he is one of the war injured, his injuries were sustained from a self inflicted gunshot would. Why is this important you ask? Because most males who commit suicide shoot themselves in head. He is in fact getting rewarded for surviving an attention seeking action that left him “paralyzed”.

The sad part is that while he leads the media and public to believe that he was the victim, he is in fact the aggressor. He claims he is being bullied but he is the bully. Did he do this in military too? He claims he is the victim yet he inflicted the injury on himself. If not for his behavior to me and others, he would be irrelevant to me. But he aggressed himself in my life and has not let up hence the reason I am finally publicly addressing it. How many others have been harmed by these gang of stalkers?

Honestly, I think everyone has been victimized and duped by these people to include agencies, media, Congress, Hollywood directors, and other survivors. I never let anyone get too close after what I experienced in the military. The first red flag occurred in June 2013 when he aggressed upon me on Twitter with his name calling. Since I have blocked him, he has only become more aggressive and retaliatory.

He has been triggering my PTSD significantly because he has swarmed everyone I come in contact with. After making work announcements on social media, he would then contact them, discredit me by claiming I am bullying him, then weasel his way into the scene. This has happened over and over since June 2013. I not only feel targeted but it affects my physiological responses to PTSD because the behavior is similar to the people I encountered in the military. It puts me right back there because I have no control over these cyberbullies.

For those who have ever reported sexual assault in the military, you know the beat down that comes with doing so. Jeremiah and his gang stalkers have triggered that beat down feeling that makes you feel hopeless. Because they are in other states, it makes prosecution of internet crimes more difficult.

There are a few of us that have documented this behavior at the VA to show how it has impacted our PTSD. Our best chance at justice with Jeremiah et all would be a civil suit. We have all the evidence and documentation. The unfortunate part is that while you are experiencing the abuse, you have to stay strong and document everything. You have to take care of yourself mentally, gain strength, and go at it again only to have Jeremiah contact anyone and everyone to convince them that we are hurting him. He has been professionally stalking me in an attempt to discredit me while trying to push his way to the top. He has stepped on those that helped get him there at our expense. I could care less about how this impacts me in public. I care about the constant purposeful attempts at triggering PTSD and pushing veterans to feeling suicidal and hopeless to stop the aggressive behavior.

How ironic that the guy who is representing veteran suicide is in fact the same guy that is throwing a past PTSD crisis moment in my face and pushing veterans to feeling suicidal with the bullying and abuse.

I wrote this after experiencing months of cyberbullying on Facebook. I pretty much walked away from Facebook to take a break from the abuse and protect myself. Facebook has turned into a trigger.  Facebook can be suicidal trigger for some with PTSD

Unusual Suspects Premiered ‘Vanished in Reno’ on Investigation Discovery: The Rape & Murder of Brianna Denison Leads to Nevada Passing Brianna’s Law (January 12, 2014)

ID Go: When a young college student is abducted from a friend’s home in the middle of the night, the city of Reno lives in fear of who might be next. Dogged investigation leads detectives to a serial rapist who’s just escalated to murder. -Vanished in Reno, Unusual Suspects (S6,E1)

“The bill mandates a DNA cheek-swab whenever a person is booked for a felony arrest. If the arrest is deemed legitimate, the DNA would be cross-referenced with DNA from other crime scenes to see if the arrestee was involved. The proposal is named after Brianna Denison who was raped and murdered by James Biela in Reno in 2008. Proponents believe such a law may have saved Denison because Biela had a prior felony arrest.”

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.

Related Links:
Vanished in Reno | Unusual Suspects | Investigation Discovery (website)
Vanished in Reno | Unusual Suspects | Investigation Discovery (S6,E1)
Vanished in Reno | Unusual Suspects | Investigation Discovery (Amazon)
College Student Brianna Denison Kidnapped, Raped and Strangled by a Former Marine in Reno, Nevada; James Biela Sentenced to Death (January 20, 2008)
From May 2013: Brianna’s Law officially becomes Nevada state law
Brianna’s Law has matched more than 1,000 DNA samples to crimes