James Fields Jr. Sentenced to Life in Prison Plus 419 Years & $480,000 in Fines for the Charlottesville, Virginia Car Attack Resulting in the Death of Heather Heyer (July 15, 2019)

James Fields Jr., 20, from Ohio, was charged with second-degree murder after killing Heather Heyer, 32, and critically injuring several others when he drove his vehicle into a crowd of protestors in Charlottesville, Virginia. The protestors that he harmed were counter protesting a “white nationalist” protest. According to police records, Fields was previously accused of beating his mother and threatening her with a knife. James Fields Jr. served in the active duty Army for about four months from August to December 2015. He was discharged after failing out of basic training at Fort Benning in Georgia. Fields was denied bail. On June 28, 2019, a federal judge sentenced James Fields Jr. to life in prison for 29 hate crimes. On July 15, 2019, Fields Jr. was sentenced to life in prison plus 419 years and $480,000 in fines by the State of Virginia for the Charlottesville car attack.

In the News:

James Alex Fields Jr. is behind bars after he allegedly plowed his car into a crowd of people protesting against a white nationalist rally in Virginia. -ABC News (August 13, 2017)

James Fields, the white nationalist who killed Heather Heyer by ramming his car into a crowd of protesters at the 2017 Unite the Right rally in Charlottesville, Virginia has been sentenced to life in prison. -NowThis News (June 28, 2019)

An avowed white supremacist who plowed his car into a crowd of counterprotesters, killing a young woman, apologized to his victims Friday before being sentenced to life in prison on hate crime charges. -Bloomberg TicToc (June 28, 2019)

The man who deliberately drove through a crowd of people in Charlottesville, Virginia, has received another life sentence. Dozens were wounded and one person was killed. -CBS News (July 15, 2019)

Related Links:
James Alex Fields, Jr. : 5 Fast Facts You Need to Know
Who Is James Alex Fields Jr: 7 Facts to Know About Man Charged in Charlottesville Car Killing
What We Know About James Alex Fields, the Driver Charged in the Charlottesville Attack
James Alex Fields Jr: Full Story & Must-See Details Of Racist Charlottesville Murderer
Who is James Alex Fields Jr., arrested for deadly car attack at white nationalists rally?
Rally murder suspect is an Army dropout ‘infatuated with Nazis’
Teacher: Charlottesville car crash suspect discussed radical views
Teacher says suspected Charlottesville driver James Alex Fields Jr. showed extremist ideologies in high school
Alleged driver of car that plowed into Charlottesville crowd was a Nazi sympathizer, former teacher says
James Alex Fields Jr.: Charlottesville suspect was in the Army, spokesperson says
Charlottesville Driver Who Rammed Crowd Washed Out of Army
What We Know About James Alex Fields, Driver Charged in Charlottesville Killing
Charlottesville Murder Suspect James Alex Fields May Be A Veteran, But He Was Never A Soldier
Army: Charlottesville Driver Kicked Out Of Active Duty After Failing Basic Training
James Fields flunked out of basic Army training, denied bail in Charlottesville case
Charlottesville Suspect James Alex Fields Jr. Denied Bond at First Court Appearance
Mom previously accused Virginia driver of beating her; Bail denied
Man charged in Charlottesville attack failed training at Fort Benning
James A. Fields Jr., avowed neo-Nazi in Charlottesville car attack, sentenced to life in prison
Charlottesville White Nationalist James Fields Gets Life in Prison; Prosecutors, FBI React | NowThis
Mother of Heather Heyer Speaks Out After Charlottesville White Supremacist Sentenced to Life
Man gets life plus 419 years in Charlottesville attack
White supremacist James Fields sentenced to life for Virginia car attack
Neo-Nazi James Fields Gets 2nd Life Sentence For Charlottesville Attack
Man Who Killed Heather Heyer at Charlottesville Sentenced to Life In Prison, Plus 419 Years
Man gets life plus 419 years in deadly Charlottesville car attack
Avowed neo-Nazi James Fields sentenced to life in prison for Charlottesville hate crimes
Charlottesville car rammer James Alex Fields gets life plus 419 years for state charges
White-Nationalist Charlottesville Killer Given Extra Life Sentence Plus 419 Years in Prison
Neo-Nazi who drove car into Charlottesville crowd given second life sentence
James Fields Jr. Sentenced to Second Life Term in Charlottesville Rally Car Attack
White supremacist James Fields Jr. handed second life sentence for 2017 Charlottesville murder
James Fields Jr. Drove Into a Group of Protestors in Charlottesville, Virginia Killing Heather Heyer and Injuring Several Others; Sentenced to Life in Prison (August 12, 2017)

Investigation Discovery Premiered ‘Final Vision’: The True Crime Story of Former Army Captain Jeffrey MacDonald (December 10, 2017)


A writer is enlisted by a former Green Beret who stands accused of murdering his family to cover his trial and proclaim his innocence, but the tables turn when the writer has doubts. -Final Vision, Investigation Discovery 

MJFA Links:
Colette, Kimberley & Kristen MacDonald Murdered in NC Home; Former Army Captain Jeffrey MacDonald Convicted of Homicide, Life Sentence (1970)
Former Army Doctor Capt. Jeffrey MacDonald Convicted of Homicide of Wife Colette & Two Daughters; Sentenced to Life in Prison, North Carolina (1979)
Violent Crime, Non Combat Death and Suicide at Fort Bragg, North Carolina (US Army)

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.


This episode includes: Gallup Abduction, Fatal Revision (Pts. 1, 2 & 3) and Wrong Grave. -Unsolved Mysteries, FilmRise True Crime


40 years after the murders, filmmaker says DNA evidence could clear convicted murderer. -ABC News


In this 2003 interview with Larry King, convicted murderer Jeffrey MacDonald describes the night his family was killed. -Larry King Live, CNN


Jim Blackburn, the prosecuting attorney in the 1979 Jeffrey MacDonald trial, talks about the continued interest in the case. -The News & Observer


See video of Allen Rogers of Raleigh, NC as he describes his long friendship with Dr. Jeffrey MacDonald. -The News & Observer


Scott Foley and Dave Annable open up about telling the chilling story of Jeffrey MacDonald in Investigation Discovery’s “Final Vision.” -Celebrity Page TV Network


Final Vision Movie Trailer | Investigation Discovery

Related Links:
After 35 years, ‘Fatal Vision’ author, killer meet again
Final Vision: The Last Word on Jeffrey MacDonald by Joe McGinness
Remembering author Joe McGinniss, whose ‘Fatal Vision’ chronicled the Jeffrey MacDonald murder case
Investigation Discovery Greenlights Scripted True-Crime Movie ‘Final Vision’ Starring Scott Foley and Dave Annable
Scott Foley, Dave Annable to Star in Jeffrey MacDonald True Crime Murder Movie on Investigation Discovery
Ex-Army surgeon pursues appeal, insists he’s innocent in “Fatal Vision” killings
Watch Investigation Discovery’s New Crime Dramas with 1 Click on ID GO!
NC’s infamous Jeffrey MacDonald case has inspired another TV movie, airing Sunday
ID’s Final Vision: The Drama of True Crime
See Scandal’s Scott Foley as Convicted Killer Jeffrey MacDonald, Who Maintains His Innocence
Scott Foley and Dave Annable Share Their Thoughts on the Psychological Thriller Final Vision
Scott Foley isn’t totally convinced convicted killer Jeffrey MacDonald is guilty
‘Final Vision’ Movie: Playing a Real Person Was a ‘Challenge’ Says Scott Foley
‘Final Vision’ stars debate Jeffrey MacDonald’s guilt or innocence
TV: Actors took honest approaches to ‘Final Vision’
Final Vision Offers One More Look at the Jeffrey MacDonald Case
Final Vision Fails to Shed New Light on a Famous Family Murder Case
Unsolved Mysteries with Dennis Farina, Season 8 Episode 1
‘Fatal Vision’ Convict Seeks New Trial
Larry King Live – Jeffrey MacDonald: In his own words
DNA and the Jeffrey MacDonald investigation
Former prosecutor Jim Blackburn on the Jeffrey MacDonald case
Allen Rogers talks about his friend Dr. Jeffrey MacDonald
“Final Vision” movie 2017 / trailer | Investigation Discovery
Sneak Peek: Investigation Discovery’s Final Vision
Jeffrey MacDonald: The Accused | People Magazine Investigates | ID (YouTube)
Jeffrey MacDonald: People Magazine Investigates | Investigation Discovery (YouTube)
Final Vision Trailer | Investigation Discovery (YouTube)
Final Vision Behind the Scenes | Investigation Discovery (YouTube)
‘Final Vision’ | Investigation Discovery (website)
‘Final Vision’ | Investigation Discovery (YouTube)

Unsolved Homicide: Fort Hood Army Pvt. Justin Lewis Shot & Killed Near Vacant Lot in Neighborhood in Killeen, Texas (2017)

Screen Shot 2017-12-22 at 12.56.08 PM

Pvt. Justin Lewis, US Army

Fort Hood Army soldier Pvt. Justin Lewis, 19, was shot and killed near a vacant lot in a neighborhood outside the post in Killeen, Texas on April 17, 2017. Justin was pronounced dead on April 18, 2017 by the coroner. Pvt. Lewis’ home of record is listed as Henderson, North Carolina and he entered active-duty service in August 2016. Pvt. Lewis was a cavalry scout assigned to 3rd Cavalry Regiment in Fort Hood, Texas. The circumstances surrounding the unsolved homicide are under investigation by the Killeen Police Department in Killeen, Texas. The point of contact for the investigation is Ofelia Miramontez, Public Information Officer, Killeen Police Department. Miramontez’s phone number is (254) 501-8941/8807 and her email is omiramontez@killeentexas.gov. Eight months later, the Killeen Police Department does not have any updates in the case according to Killeen Police spokeswoman Ofelia Miramontez. Justin’s Army buddy, Logan Duty, told the TDT news: “[Justin] was just gunned down in the middle of the night, and no one’s able to find out why. If I was there, and I was one of the detectives, I wouldn’t rest until I figured out why. … (Lewis) wanted to help others, willing to lay his life down defending someone. I haven’t met anyone who was dedicated to serving like him.”

“Pvt. Justin Lewis’ uncle, Jerry Lewis, said when you have a loved one go into the military, you deal with the fact you may lose them on the battlefield. They never imagined they would lose 19-year-old Justin on American soil, near a vacant lot in Killeen, Texas.” –11 ABC News

Related Links:
In loving memory of Justin Lewis
Pvt. Justin Antwan Lewis | Fallen Warriors
Death of a Fort Hood Soldier – Pvt. Justin Antwan Lewis
Fort Hood soldier found dead identified
Man found dead in Killeen identified by police
Fort Hood soldier shot dead Monday night in Killeen, Texas
Killeen homicide victim was Fort Hood soldier, Army says
Teen found dead near vacant lot in Killeen neighborhood identified
19-year-old Fort Hood soldier shot and killed in Killeen
Young soldier from NC shot and killed in Texas
Soldier from NC shot to death in Texas, officials say
Soldier from Henderson shot, killed in Texas, army base says
Family seeks answers after NC soldier slain in Texas
Family grieves loss of Henderson soldier, looks for answers
Friends remember Henderson man killed in Texas
School Remembers Soldier from Vance County Found Dead Near Fort Hood
Soldier’s death in Killeen weighs heavy on friend 8 months later
52 Deaths at Fort Hood Since January 2016 ~ 14 Since January 2017…Normal Or HIGHLY SUSPICIOUS?
73 Fort Hood Soldiers Died Since January 2016: 4 Insider Attacks & 2 Suicides Overseas; 67 Stateside Deaths Including 34 Alleged Suicides & 1 Unsolved Homicide
Army Soldiers at Fort Hood in Texas Are Dying at Alarming Rates Stateside
Violent Crime, Suicide, and Non Combat Death at Fort Hood, Texas (US Army)
Killeen Calling in Feds to Combat Crime
Gangs in the US Army Documentary
The Fort Hood Fallen on Facebook
Seeking Justice with Change Your POV

Massachusetts School of Law Interviews Veteran Jennifer Norris About Violent Crime in the Military & Post Traumatic Stress Disorder

Massachusetts School of Law explored violent crime in the military with Jennifer Norris, Military Justice for All, and the impact it has on civilians too. Jennifer talked about her experiences with four different perpetrators within the first two years of her enlisted career, the reporting & adjudication process, and the retaliation that ensued and eventually ended a fifteen year career. Also discussed was the jurisdictional hurdles that arise with a transient population like the military. For example, Jennifer was not able to press charges against one perpetrator because he moved out of state after learning he was getting reported. Another perpetrator was active duty Air Force at Keesler Air Force Base, therefore a state National Guard commander did not have jurisdiction of a federal employee. And finally, although Jennifer was able to move forward with two other cases involving high ranking National Guard members with over eighteen years of service, unlike the civilian world, after the cases were adjudicated, they retired with full military retirement benefits and no public records.

Jennifer also shared that although the Department of Defense downplays violent crime in the military and sexual assault appears to be closely monitored by some female members of Congress, everything is not under control. The crime appears to be escalating. The military doesn’t just have a sexual assault issue, they have a domestic violence and homicide issue as well. They also have a pattern of ruling soldier’s deaths both stateside and overseas as suicides, training accidents, and illness despite families strongly protesting and evidence revealing otherwise. Domestic violence is more likely to lead to homicide and unfortunately the two issues have not been given the attention they deserve because until you do the research yourself and see how many families and communities have been impacted by the crimes, suspicious death, and homicide of a soldier or civilian, you wouldn’t know because Congress and the main stream media do not give it the attention it deserves. Homicide and independent investigations of all suspicious deaths should be given the highest priority not only because people have lost their lives and families deserve answers but because someone needs to be held accountable. We must prevent others from becoming victims of these crimes too.

Jennifer discussed the lasting impacts the crimes and retaliation had on her. Jennifer was empowered after doing all that she could do to protect others from getting harmed by the same people, but her squadron did not see it the same way. After the cases were adjudicated, Jennifer faced hostility from a couple of the perpetrator’s friends and her Chain of Command once she returned back to work. She eventually had to transfer to another squadron. It was the professional and personal retaliation that made her start feeling more intense feelings of anxiety, depression, and even suicidal thoughts. And unfortunately her next squadron wasn’t any more welcoming then the last. She was told shortly after arriving that ‘no female makes it in the satellite communications work center’ and that she was experiencing hostility from her new Chain of Command because the old squadron called and informed them she was a ‘troublemaker.’ The retaliation had a direct impact on her mental health and cemented an already traumatizing experience with further abuse, indifference, and judgement. By the time she got to her third squadron (almost ten years after the first attack), she learned that the Department of Veterans Affairs treated Post Traumatic Stress resulting from military sexual trauma.

After Jennifer informed her third squadron that she was getting help for the PTS at the Department of Veterans Affairs, she was immediately red flagged and asked to leave the squadron until she could produce a note from her doctor giving her permission to be at work. She did this and jumped through the other hoops asked of her in an attempt to save her career but lost confidentiality in the process. Jennifer walked away from her career in the end because she refused to release her VA records for a security clearance investigation. The entire experience not only opened her up to judgement again (simply because she asked for some counseling due to what someone else did) but she had to prove that she was ‘fit for duty’ while the perpetrators were enjoying full military retirement benefits. Jennifer chose a second chance at a civilian career when she refused to release her confidential VA records for her security clearance investigation because she wanted to ensure a future free of a tainted security clearance. It makes zero sense that someone who is a victim of crime be negatively impacted by the crimes of others in yet another way. The hypocrisy of the system is truly revealed when you look at how the perpetrators were let off the hook but the victim of crime loses their military career because they had the strength to first report and then eventually ask for help.

Top Ten Problems with the National Guard Recruiting Assistance Program (G-RAP) Investigations

the-constitution-was-written-very-precisely-to-restrain-the-power-and-force-of-government-and-to-protect-the-liberties-of-each-and-every-one-of-us-ron-paul-2

Guest post submitted by:

Doug O’Connell
O’Connell & Associates, PLLC Doug@DougOConnell.com

Attorney Doug O’Connell has represented former Recruiting Assistants for the past two years in both criminal and civil matters. A former state and federal prosecutor, Doug is also a Special Forces Colonel in the Texas Army National Guard. In addition to his own practice, Doug is Of Counsel to Fluet, Huber + Hoang law firm.

The G-RAP accusations and investigations have now lingered for over five years. At least 90,430 (1) National Guard Soldiers (88% of all G-RAP participants) have been subjected to investigations as part of a massive dragnet to recover bonuses (2). 125 Soldiers have been prosecuted in Federal or State Courts; at least 2633 Soldiers remain under investigation (3). While a handful of unscrupulous participants took advantage of the ever-changing rules of this contractor-run program, those cases were adjudicated years ago. What the Army CID is now doing is nothing more than pursuing anyone whose G-RAP tenure spanned the years with the most rules’ changes in an effort to prove up the Army’s exaggerated fraud estimate.

It’s hard to pick the Top 10 issues with G-RAP. The items below represent issues apparent in almost every case. This list omits, but hardly overlooks, such things as inappropriate command pressure to participate in G-RAP, forcing accused Soldiers to undergo DNA collection (4), active surveillance of National Guard Soldiers by Army CID (5), coercion to make reimbursements to the Army (6) in lieu of punishment and other notable violations of Soldier’s rights.

1 Letter to Representative Mike Coffman from Daniel M. Quinn, Chief of Staff, USACIC.
2 The U.S. Army and U.S. Department of Justice consistently refers to G-RAP payments as bonuses in sworn testimony, official documents and court filings. The payments were paid by a contractor directly to the Soldier and IRS form 1099 was issued to every participant. Payments were not processed by DFAS and did not appear on a LES. Finally, Congress did not authorize a bonus related to this program. Nevertheless, Government officials consistently refer to G-RAP payments as bonuses, perhaps wishing it were true so that legal recoupment would be possible.
3 Per letter to Rep Coffman.
4 Collected by a cheek swab without a warrant in violation of the 4th Amendment.
5 Related to an allegation of fraud which if true occurred years prior.
6 Possibly an illegal augmentation of appropriations in violation of the Miscellaneous Receipts statute, 31 USC §3302.

1. GUILT BY ALGORITHM.

Auditors, instead of seasoned law enforcement professionals, launched the G-RAP investigations. Rather than using any type of proper legal standard like probable cause, the Army Audit Agency assembled lists of Soldiers branded “high risk” by the auditors. The definition for “High Risk” was listed as “an inability to follow the rules.” Because the rules changed 60 times in seven years, almost everyone who successfully participated in G-RAP became a target. Soldiers connected to the “high risk” Soldiers were in turn investigated. This self-perpetuating, system of guilt by association crushes any notion of justice and the rule of law. Years later, many of these Soldiers still are under the cloud of a CID investigation and are being forced to defend (at great financial and emotional cost) their names and careers.

2. COMPULSORY INTERROGATIONS.

Federal CID agents lack any authority to compel National Guard Soldiers (or veterans) to submit to interrogations. Unfortunately, neither CID nor most Guard Soldiers and veterans understand that they cannot be forced to appear or answer questions from Army-dispatched agents. CID agents repeatedly violate this bright line legal standard. Worse yet, some Guard Commanders aren’t sufficiently knowledgeable about the law to protect their Soldiers. Once confronted with apparent military authority, many individuals, honestly believing they did nothing wrong, provide answers, later cherry picked and twisted to supposedly show guilt. The unfortunate individual is left having to prove he or she didn’t say something or that the statement was taken out of context.

3. INVESTIGATORS WITH A PERSONAL FINANCIAL INCENTIVE.

The CID Investigators pursuing G-RAP allegations include Army Reserve CID Agents voluntarily on active duty orders. At a minimum, the perception exists that the Reserve Agents have a financial incentive to perpetuate the investigations. The longer the investigations continue, the longer these agents remain employed. Further compounding this problem is the very logical assumption that few agents would volunteer for active duty if it meant a pay cut from their civilian employment.

4. VIOLATIONS OF THE POSSE COMITATUS ACT.

National Guard Soldiers not mobilized into federal service, are like any other civilian citizen under the law. The Posse Comitatus Act prohibits federal military personnel from investigating and enforcing the law. Yet, that is exactly what is happening. The PCA is a federal criminal offense punishable by a term in prison. In the G-RAP investigations, federal military agents are investigating allegations of criminal violations by Guard Soldiers, who are the same as civilians under the law (7). This is a clear violation of the PCA. Unfortunately, this flawed law requires the same prosecutors who are prosecuting Soldiers to levy charges against the same agents investigating the cases they prosecute.

7 See Perprich vs. Department of Defense, 496 U.S. 334 (1990).

5. TRAMPLING THE STATUTE OF LIMITATIONS.

In our system of justice, a statue of limitations exists to limit the Government’s ability to bring charges so remote that the defendant can’t reasonably mount an effective defense. In G-RAP cases, the Government is circumventing the statue of limitations with a World War II era tolling statute. Most applicable criminal offenses have a 5 year statute of limitations. Since G-RAP ended in 2012 the statute of limitations has long expired in most cases. However, in G-RAP investigations and prosecutions the Government is relying on the Wartime Suspension of Limitations Act (8) to continue to bring criminal cases. First enacted in 1948, the WSLA is designed to protect the Country from fraud during times of war. This law likely made sense during World War II, the Korea and Vietnam conflicts. However, the nature of warfare has changed. The current war against terrorism and global extremist groups will continue indefinitely. Relying on the outdated WSLA during today’s conflicts effectively terminates the deeply rooted equitable concept of a statue of limitations.

8 18 USC §3287

6. SPENDING $40 MILLION -TO COLLECT $3 MILLION.

Our Government has spent at least an estimated $40 million dollars (9) to investigate Soldiers. The ensuing recoupment actions and prosecutions have recovered, at most $3 million dollars (10). Army CID agents have repeatedly conducted full field investigations to determine if a Soldier’s single $2,000.00 bonus was righteous (11). In an era of constrained defense spending with persistent and emerging global terrorist threats, this massive boondoggle sets a new record for fraud, waste and abuse. The CID agents’ limited time and resources would be much better spent working to prevent the next Fort Hood terrorist attack.

9 This is a conservative estimate which includes the personnel cost associated with bringing the USAR agents onto duty status.
10 This figure is also an estimate based on all federal cases reported in the Pacer.gov system and media reports from around the country.
11 At least one National Guard officer is currently under indictment for a single G-RAP recruitment.

7. INACCURATE TESTIMONY TO CONGRESS & POLITICAL PRESSURE

The entire G-RAP controversy is based on inaccurate and irresponsible testimony to Congress. During Senate hearings chaired by Senator Claire McCaskill (12), Army General Officers testified that the total G-RAP fraud could be as high as $99 million (13). This estimate was wildly inaccurate (14). To date, the Government has only collected $3 million in fraudulent payments. Senator McCaskill immediately branded these Soldiers as criminals despite their Constitutional right to be presumed innocent (15). Many have speculated that the hearings and estimates of widespread fraud were designed to embarrass the National Guard during budget battles. Others suggest that it was an attempt to appease this powerful member of the Senate Armed Services Committee and self styled “accountability advocate.” Still others contend that the hearings were an attempt to shift focus from sexual assaults in the military. Whatever the reason, the McCaskill hearing set off a chain of events abrogating the presumption of innocence justice toward service members and veterans.

12 United States Senate Hearing: Fraud and Abuse in Army Recruiting Contracts, February 4, 2014.
13 Id.
14 It appears that this testimony has never been revised, amended or updated to correct the record.
15 Id.

8. AT LEAST 60 CHANGES TO THE “RULES.”

In the eyes of CID, violations of the program “rules,” indicates intentional fraud worthy of criminal investigation. However, the G-RAP “rules” changed at least 60 times during the life of the program (16). Understanding the “rules” of G-RAP at any given point in time requires a detailed analysis based on a significant review of multiple documents (17). In the vast majority of cases, if the Soldier violated the “rules,” it is more likely due to confusion rather than a deliberate desire to cheat the system. With unrelenting intensity, CID doesn’t investigate an alleged crime; they gather slanted “evidence” to prove that a crime was committed. CID, in fact, has been responsible for elevating an inability to follow the rules of a program run by a private contractor to the level of a crime. One example: at various times full time members of the National Guard were authorized to participate in G-RAP, at other times they were ineligible. If a Soldier entered G-RAP when full time members were allowed, but submitted data for payment months later when full time members were not allowed, that Soldier is investigated for fraud.

16 See Agent’s Investigation Report, CID Special Agent Julie Thurlow, November 22, 2013.
17 National Guard Bureau changed the rules via a contract change order sent to Docupak.

9. “SPHERE OF INFLUENCE” AND OTHER VAGUE GUIDANCE.

Soldiers participating in G-RAP received instruction to recruit from their “sphere of influence.” This term was never defined. It’s unclear if the intent of this language was to limit recruitment to pre-existing relationships. Regardless of NGB’s intent, the Soldiers received a very different message. For example, once hired by Docupak, Soldiers were provided marketing items such as t-shirts with the message “ask me about the National Guard.” None of the marketing items provided would have been necessary to recruit people already known to the Soldier. Now, these same Soldiers are investigated and some prosecuted for recruiting outside their sphere of influence. Likewise, Soldiers were told that they “shouldn’t” wear their uniform when conducting recruiting activities. If this were truly a prohibited action worthy of investigation, the “rule” would have been written as “you are prohibited from wearing your uniform.”

10. “I DON’T REMEMBER = GUILTY.”

When CID agents track down and contact recruits many years after their enlistment into the National Guard, most don’t remember the details of their interaction with the recruiting assistant. To the CID agents, this means the RA committed misconduct. The alternative explanation is unfathomable to the agents: the recruit, 7 years later, just doesn’t remember. This is especially problematic since Government prosecutors use this lack of memory to charge the Soldier with Aggravated Identity Theft (18), a charge that carries a mandatory minimum term of prison sentence of two years.

18 18 USC § 1028A.

“EXTRA CREDIT:” CID KNEW ABOUT ALLEGED FRAUD FOR FIVE YEARS BEFORE TAKING ACTION.

On May 22, 2007, five years before G-RAP was shut down, Agents from Army CID, Air Force OSI, and Defense Criminal Investigative Service (DCIS) met with Docupak to discuss potential fraud in the program (19). A representative of the United States Department of Justice (20) was also in attendance. The agents specifically instructed Docupak not to notify the State Adjutant Generals, National Guard Bureau, or the contracting officer regarding alleged fraud. This effectively cut off any ability to clarify confusing rules and or enhance fraud prevention measures. Importantly, it also prevented Governors and Adjutants General to execute their Constitutional duty of regulating their National Guard force and apply appropriate discipline (21). Likewise, notification the responsible contracting officer at NGB would have triggered remedial action. Instead, the CID sat on this information for five years, causing a relatively minor amount of confusion to escalate into what we have now – another major bonus scandal ensnaring thousands of junior Soldiers facing accusations.

19 2014 Inspector General Report, page 40, paragraph g, and footnote 142.
20 Presumably a licensed attorney.
21 The Governor’s and TAG’s Constitutional authority to regulate and discipline Guard members included the full time recruiting force in each state, some of whom were suspected of misconduct. These Soldiers operate under the exclusive military jurisdiction of the relevant State Military Code of Justice.

CONCLUSION

Few Soldiers have the financial resources to mount a proper defense to federal criminal charges. Faced with the possibility of prison time, many take a plea bargain to avoid the risk of prison, financial ruin or deepening emotional trauma to themselves and their families. Even if the accused Soldiers are not prosecuted, the collateral consequences seem never ending. The investigation will continue to haunt them for years to come. Security clearances will be revoked or suspended, and the Government will initiate proceedings to “debar” the Soldier from future employment as a government contractor. Eventually, the case file will be forwarded to the State National Guard headquarters for military justice or administrative action. The range of administrative sanctions includes separation boards, official reprimands and being required to rebut CID’s flawed conclusions to a promotion review board. The administrative flag on their personnel file will continue until all military administrative actions are complete (22). Finally, many of these same Soldiers, never prosecuted in a court of law will have a federal criminal history created as a result of being investigated, “titled” and “founded” by CID.

22 A “flag” prevents any favorable action including re-enlisting, awards, and promotions. The flag does not prevent orders to deploy overseas (again). Flags as a result of G-RAP investigations have been in place for four or more years at this point.

Honor and Dishonor: The trials of Sgt. Brent Burke

HBrent Burkeonor and Dishonor: The trials of Sgt. Brent Burke

Sergeant Brent Burke earned his stripes at Fort Campbell, Kentucky — home base for his division, the legendary 101st Airborne. Once under the command of former General David Petraeus, the soldiers of the 101st have seen more action than most soldiers in the U.S. Army. It is also where Sgt. Burke will learn if he will continue to serve in the Army, or if he will serve out his life in prison, because military prosecutors in the Army’s Judge Advocate General’s Corps, known as JAG, will court martial Sgt. Brent Burke for double homicide.

“I would say that the tough part of any case like this is the fact that it was four years old … and it was mostly circumstantial evidence and when you put all that together it certainly makes for a difficult case,” JAG prosecutor Lt. Col Matthew Calarco told “48 Hours” correspondent Richard Schlesinger.  Lieutenant Colonel Matt Calarco’s mission, after four civilian trials failed to get a verdict, is to finally prove Sgt. Burke shot and killed his wife, Tracy, and her ex-husband’s mother, Karen Comer, on Sept. 11, 2007.

Read more here.

Fort Carson Soldier Christopher Walton Fatally Shot Outside Night Club; Leroy Davis Sentenced to 20 Years in Prison by Military Court (November 21, 1991)

All Hell Breaks Loose In Club Brawl Leaving A Young Solider Dead -Victim Zero, Homicide Hunter (Preview)

Lt. Joe Kenda of the Homicide Hunter series on Investigation Discovery discussed the murder of Fort Carson Army soldier Christopher Walton, 21, outside a night club in Colorado Springs, Colorado on November 21, 1991. What started out as a good night out on the town turned deadly after two rival units started a brawl at a local bar in Colorado Springs. The fight spilled outside of the bar and that’s when Christopher Walton was shot with a gun in the neck. Christopher Walton was getting ready to get out of the Army and move back to North Carolina. He was a described by his friends as a really good guy who took care of people.

As Kenda investigates the case, which is in his jurisdiction, he learns that a few months earlier a couple of soldiers got in a fight over a girl and that’s when everyone chose sides and the rival began. The rival was between the artillery unit and the maintenance unit at Fort Carson. An informant told Kenda that she thought Chris Smith may have committed the murder. Kenda pays Chris Smith a visit and in deed finds a gun similar to the gun they were looking for in his possession. It was later determined by ballistics that this gun matched the bullet recovered from Christopher Walton’s body.

Chris Smith was arrested for the murder of Christopher Walton. He never admitted to the murder and told Kenda that he had given the gun to someone else that night but would not give up the name. While Smith was in custody, the Army’s Criminal Investigation Division (CID) called Lt Joe Kenda to tell them they had a witness to the event and they thought he might have the wrong guy. The witness, Eric Walker, identified Leroy Davis as the actual shooter. Leroy was a member of the artillery unit at Fort Carson which was the rival unit to Christopher Walton’s maintenance unit.

As it turns out, Chris Smith was telling the truth. He did give the gun to someone that night outside the bar after shooting it in the air because he didn’t want it on his person. Eric Walker told Kenda that Chris Smith gave the gun to Leroy Davis who eventually returned the gun back to Smith. Chris Smith refused to implicate his Army brother, even after he was arrested and jailed. According to Walker, Christopher Walton pushed one of the artillery unit members and Leroy Davis acted on emotional impulse, pulled the gun out of his jacket, and shot Walton in the neck causing his fatal injuries.

For some unknown reason, Leroy Davis faced a court martial as opposed to a being tried by the civilian courts in Colorado Springs. Lt Joe Kenda described military discipline as a whole different game, sharing that they are “draconian and ruthless.” The military has its own internal justice system and has been at the center of a controversial debate in Congress for the past few years over the way it handles violent crimes. In this case, Davis was sentenced to twenty years at Fort Leavenworth where he will be expected to do hard, physical labor the entire time. We learned from one of the soldiers present at the scene that fifteen military members from Fort Carson got discharged as a result of their involvement in this incident.

Investigation Discovery:

A massive brawl erupts at a local bar ends with the shooting death of a young army soldier. To unravel the murder, Lt. Joe Kenda must infiltrate a revered military institution, and expose a dangerous vendetta. -Victim Zero, Homicide Hunter (S5,E9)

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.

Related Links:
Victim Zero | Homicide Hunter | Investigation Discovery (preview)
Victim Zero | Homicide Hunter | Investigation Discovery (S5,E9)
Victim Zero | Homicide Hunter | Investigation Discovery (website)
Victim Zero | Homicide Hunter | Investigation Discovery (Amazon)
Victim Zero | Homicide Hunter | Investigation Discovery (Hulu)
Lt Joe Kenda of Homicide Hunter Outlines Murder of Army Soldier Christopher Walton
Homicide Hunter Premiered ‘Victim Zero’ on ID: Fort Carson Soldier Christopher Walton Fatally Shot Outside Colorado Springs Night Club (October 20, 2015)
Violent Crime, Suicide & Non Combat Death at Fort Carson, Colorado (US Army)